Skip to content
PoliticalRepoPoliticalRepo

Subjects

Budget

Records whose title is actually about this topic. Use a country filter if the list is still too broad.

151 records in 1994

Records

Bill· HRH.R. 4646 (103rd)referred

To amend title XIX of the Social Security Act to make optional the requirement that a State seek adjustment or recovery from an individual's estate of any medical assistance correctly paid on behalf of the individual under the State plan under such title, and to raise the minimum age of the individuals against whose estates the State is permitted to seek such adjustment or recovery.

United States · United States Congress · 24 June 1994

Amends title XIX (Medicaid) of the Social Security Act, as amended by the Omnibus Budget Reconciliation Act of 1993, to: (1) make optional the requirement that a State seek adjustment or recovery from an individual's estate of any medical assistance correctly paid on that individual's behalf under the State plan; and (2) raise from 55 to 65 the minimum age of the individuals against whose estates the State is permitted to seek such adjustment or recovery.

Law· HRH.R. 4649 (103rd)enacted

Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1995, and for other purposes.

United States · United States Congress · 24 June 1994

TABLE OF CONTENTS: Title I: Fiscal Year 1995 Appropriations Title II: Fiscal Year 1994 Supplemental District of Columbia Funds Title I: Fiscal Year 1995 Appropriations - District of Columbia Appropriations Act, 1995 - Appropriates funds to the District of Columbia for FY 1995 for: (1) the Federal payment to the District of Columbia; and (2) the Federal contribution to retirement funds. Appropriates specified sums out of the District of Columbia general fund for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) human resources development; (4) public safety and justice; (5) public education; (6) human support services; (7) public works; (8) the Washington Convention Center Fund; (9) repayments of specified loans and interest; (10) repayment of the general fund deficit; (11) short-term borrowing; (12) employees' optical and dental benefits; (13) employees' pay adjustments; (14) the D.C. General Hospital deficit payment; (15) the Rainy Day Fund; (16) job-producing economic development incentives; (17) the Cash Reserve Fund; (18) capital outlay; (19) the Water and Sewer Enterprise Fund; (20) the Lottery and Charitable Games Enterprise Fund; (21) the Cable Television Enterprise Fund; and (22) the Starplex Fund. Requires the District of Columbia Mayor to reduce appropriations and expenditures for personal and nonpersonal services by a specified amount. (Sec.101) Sets forth certain uses of and restrictions on the expenditure of appropriations made by this Act. (Sec. 110) Requires that the annual budget for the District of Columbia government for FY 1996 be transmitted to the Congress by April 15, 1995. (Sec. 123) Directs the Mayor to submit to the D.C. Council, within 30 days after the end of the first quarter of FY 1995, the FY 1995 revenue estimates. (Sec. 132) Requires each agency, office, and instrumentality of the District to implement a hiring freeze, to fill only vacancies in essential positions, and to fill essential positions from among employees holding non-essential positions. Prohibits a non-essential position that becomes vacant, other than by termination for cause, from being filled. Requires the Council of the District to enact legislation to implement this Act. (Sec. 133) Prohibits funds in this Act from being used to: (1) provide for salaries, expenses, or other costs associated with the offices of U.S. Senator or Representative under the District of Columbia Statehood Constitutional Convention Initiatives Act of 1979; or (2) perform abortions except when it is made known to the entity or official to which funds are appropriated under this Act that such procedure is necessary to save the life of the mother or that the pregnancy is the result of an act of rape or incest. (Sec. 135) Requires the District of Columbia Retirement Board to enter into an agreement with an independent firm that meets specified requirements to prepare and submit to the Board a written set of findings and recommendations regarding the appropriateness and adequacy of its fiduciary, management, and investment practices and procedures. Requires the Board to report to the Congress on such findings and recommendations. (Sec. 135) Requires the Mayor, within 15 days after the end of every calendar quarter (beginning in FY 1995), to report to specified congressional committees on the financial and budgetary status of the District of Columbia government for the previous quarter. Title II: Fiscal Year 1994 District of Columbia Funds - District of Columbia Supplemental Appropriations and Rescissions Act, 1994 - Makes supplemental appropriations (including rescissions) to the District of Columbia for FY 1994 for: (1) governmental direction and support; (2) economic development and regulation; (3) human resources development; (4) public safety and justice; (5) public education; (6) human support services; (7) repayment of the general fund recovery debt; (8) severance pay; (9) short-term borrowing; and (10) the Lottery and Charitable Games Enterprise Fund. Transfers to the General Fund of the District of Columbia specified amounts from the Cable Television Enterprise Fund and the Starplex Fund. Rescinds specified FY 1994 funds earmarked for: (1) public works; (2) the Washington Convention Center Fund; (3) repayment of loans and interests; (4) employee optical and dental benefits; (5) the D.C. General Hospital deficit payment; (6) the Cash Reserve Fund; and (7) the Water and Sewer Enterprise Fund.

Resolution· HCONRESH.Con.Res. 260 (103rd)open

Calling for the United States to propose and seek an international conservatorship in Haiti.

United States · United States Congress · 24 June 1994

Provides that: (1) it should be the policy of the United States at international bodies to advocate the creation of an international conservatorship for Haiti; (2) such conservatorship should be responsible for coordinating and administering the delivery of bilateral assistance from international financial institutions, should be of a fixed duration, should seek to rebuild political, economic, and social institutions, and should be established only if the Haitian elected officials and senior military officers voluntarily surrender the responsibility for administering public services (including security and military affairs); (3) the properly elected civilian leadership of Haiti should agree to work closely on domestic policy matters with the conservatorship; and (4) the conservatorship should be created under the authority of the UN Security Council and should operate subject to a resolution adopted by the Security Council and a budget approved by the General Assembly.

Bill· SS. 2229 (103rd)referred

Tax Rebate to Fight Crime Act

United States · United States Congress · 22 June 1994

Tax Rebate to Fight Crime Act - Appropriates two percent of net Federal individual income tax revenues to the Trust Fund to Fight Crime established in each State. Allows expenditures from such trust funds for: (1) salaries and expenses of police officers; (2) building and operating prisons; and (3) salaries and expenses of judges of courts handling criminal cases, prosecutors, and public defenders. Requires rebates from such trust funds to taxpayers if amounts are not spent as required. Reduces discretionary spending limits set forth in the Congressional Budget Act of 1974 to reflect amounts appropriated by this Act.

Bill· HRH.R. 4632 (103rd)referred

Comprehensive Long-Term Care Reform Act of 1994

United States · United States Congress · 22 June 1994

TABLE OF CONTENTS: Title I: State Programs for Long-Term Care Services for Needy Individuals with Disabilities Subtitle A: State Long-Term Care Programs Subtitle B: Increase in SSI Personal Needs Allowance Subtitle C: Repeal of Coverage Under the Medicaid Program of Long-Term Care Services Title II: Tax Treatment of Long-Term Care Insurance and Services Title III: Long-Term Care Insurance Reform Subtitle A: General Provisions Subtitle B: Federal Standards and Requirements Subtitle C: Enforcement Subtitle D: Recommendations for Consumer Education Program Title IV: Financing Comprehensive Long-Term Care Reform Act of 1994 - Title I: State Programs for Long-Term Care Services for Needy Individuals with Disabilities - Subtitle A: State Long-Term Care Programs - Entitles each State with a plan, approved under section 102, for long-term care services furnished to needy individuals with disabilities to payment in accordance with provisions of this title. (Sec. 102) Sets forth requirements a State plan for long-term care services for needy individuals with disabilities must meet in order to be approved, including: (1) eligibility requirements which will provide for the initial screening of individuals who appear to have a reasonable likelihood of being individuals with disabilities; (2) services requirements; (3) cost sharing requirements; (4) provider requirements; (5) budget requirements; and (6) quality assurance requirements. Permits provider reimbursement methods to include retrospective reimbursement on a fee-for-service basis, prepayment on a capitation basis, payment by cash or vouchers to individuals with disabilities, or any combination of these methods. Restricts payment to providers agreeing to accept plan payment as payment in full. Requires the plan to assure that, in the case of an individual receiving medical assistance for home and community-based services under Medicaid, a State will continue to make available an appropriate level of assistance for home and community-based services. Requires each State plan to provide for the establishment and maintenance of an advisory group to advise the State on all aspects of the plan. Requires coordination of the plan with other Federal and State plans assisting individuals with disabilities. (Sec. 103) Defines the term individual with disabilities to mean: (1) individuals requiring help with activities of daily living; (2) individuals with severe cognitive or mental impairment; (3) individuals with severe or profound mental retardation; or (4) severely disabled children. Defines a needy individual as an individual whose income is less than 200 percent of the official poverty line and whose resources are less than a specified amount. (Sec. 104) Requires a State plan to provide for long-term care services if provided pursuant to a comprehensive assessment of an individual's need has been made and an individual plan of care is developed by a care manager. Defines long-term care services, institutional services, home and community services, and personal assistance services. (Sec. 105) Prohibits cost sharing for individuals with income less than 100 percent of the official poverty line. (Sec. 107) Provides for the establishment of a Federal advisory group. (Sec. 108) Sets forth a formula for determining payments to States. (Sec. 109) Sets the total Federal budget for State plans. Sets forth a formula for determining allotments to States. Subtitle B: Increase in SSI Personal Needs Allowance - Amends title XVI (Supplemental Security Income) of the Social Security Act to increase the personal needs allowance. Subtitle C: Repeal of Coverage Under the Medicaid Program of Long-Term Care Services - Amends title XIX (Medicaid) of the Social Security Act to exempt a State from providing long-term care services to needy individuals with disabilities under Medicaid when coverage is provided under provisions of this Act. Title II: Tax Treatment of Long-Term Care Insurance and Services - Amends the Internal Revenue Code to treat qualified long-term care services as medical care for purposes of the medical expense deduction. Provides that the adjusted gross income threshold does not apply to amounts paid for qualified long-term care insurance and services. (Sec. 203) Provides for the treatment of long-term care insurance as accident and health insurance. (Sec. 204) Allows accelerated death benefits under life insurance contracts to be paid to terminally ill individuals. (Sec. 206) Excludes from gross income amounts withdrawn from individual retirement plans or certain pension plans to pay qualified long-term care insurance premiums. (Sec. 207) Provides for the nonrecognition of gain from the sale of a principal residence if the new residence is a qualified continuing care retirement community and the taxpayer has attained the age 55. Title III: Long-Term Care Insurance Reform - Subtitle A: General Provisions - Directs the Secretary of Health and Human Services to promulgate regulations to implement this title in accordance with a specified timetable. Subtitle B: Federal Standards and Requirements - Directs the Secretary to promulgate regulations: (1) designed to standardize formats and terminology used in long-term care insurance policies, to require insurers to provide to customers and beneficiaries information on the range of public and private long-term care coverage available, and to establish such other requirements as are appropriate to promote consumer understanding and comparison of benefits; (2) establishing requirements with respect to the terms of and benefits under long-term care insurance policies; (3) establishing requirements applicable to premiums for long-term care policies; (4) establishing requirements applicable to the sale or offering for sale of long-term care insurance policies; (5) establishing requirements applicable to the renewal, replacement, conversion, and cancellation of long-term care insurance policies; and (6) establishing requirements with respect to claims for and payment of benefits under long-term care insurance policies. Subtitle C: Enforcement - Authorizes appropriations for grants to States which have an approved program to: (1) monitor insurers and policies; (2) investigate and resolve consumer complaints, which will include procedures for dispute resolution; and (3) provide technical assistance to insurers to help them understand and comply with the requirements of this subtitle, and other State laws, concerning long-term care policies and business practices. Subtitle D: Recommendations for Consumer Education Program - Directs the Secretary to design programs for educating consumers concerning long-term care and long-term care insurance. Title IV: Financing - Increases the excise taxes on cigarettes. Imposes floor stocks taxes on cigarettes removed before the tax increase and held on such date for sale, subject to exceptions.

Question· oralPQ 67asked

67 Mrs Doyle asked the Minister for the Environment if he will extend the urban renewal benefits to specific projects as announced by the Minister for Finance in the 1994 Budget to all urban areas and specifically to the Wexford borough area.

Ireland · Dáil Éireann · 21 June 1994

67 Mrs Doyle asked the Minister for the Environment if he will extend the urban renewal benefits to specific projects as announced by the Minister for Finance in the 1994 Budget to all urban areas and specifically to the Wexford borough area.

Question· oralPQ 14asked

67 Mrs Doyle asked the Minister for the Environment if he will extend the urban renewal benefits to specific projects as announced by the Minister for Finance in the 1994 Budget to all urban areas and specifically to the Wexford borough area.

Ireland · Dáil Éireann · 21 June 1994

67 Mrs Doyle asked the Minister for the Environment if he will extend the urban renewal benefits to specific projects as announced by the Minister for Finance in the 1994 Budget to all urban areas and specifically to the Wexford borough area.

Bill· SS. 2224 (103rd)open

Work and Responsibility Act of 1994

United States · United States Congress · 21 June 1994

TABLE OF CONTENTS: Title I: JOBS Title II: WORK Title III: Child Care Title IV: Provisions with Multi-Program Applicability Title V: Prevention of Dependency Title VI: Child Support Enforcement Title VII: Improving Government Assistance and Preventing Fraud Title VIII: Self Employment/Microenterprise Demonstrations Title IX: Financing Title X: Effective Dates Work and Responsibility Act of 1994 - Title I: JOBS - Amends parts A (Aid to Families with Dependent Children) (AFDC) and F (Job Opportunities and Basic Skills Training Program) (JOBS) of title IV of the Social Security Act (SSA) to revise the Federal welfare system for the purpose of making AFDC a transitional program with the goal of enabling participants to achieve maximum economic independence and self-sufficiency by, among other changes, imposing time-limited AFDC benefits and requiring participation in modified and new State-administered job training and subsidized employment programs that have been designed to eventually move them into the permanent work force and prepare them for a life without welfare by enabling them to get work experience and by requiring them to perform job searches for suitable nonsubsidized employment. (Sec. 101) Modifies current AFDC and JOBS participation requirements. Requires all AFDC recipients (including minor custodial parents not attending school full time) who are able to participate in the JOBS program to so participate, starting in FY 1996 or 1997 on a phased-in basis with custodial parents (including such minor parents) born in 1972 or later, and continuing thereafter with any such additional classes of parents of dependent children or other AFDC applicants or recipients. Requires a recipient unable to participate in the JOBS program because of a third trimester pregnancy, temporary incapacity, or other specified reason, to participate in related preparatory activities the State in appropriate cases may require pursuant to the recipient's employability plan, in order to prepare the recipient for full JOBS participation. Requires suspension for up to six months of the AFDC benefits of a family with a member who is required to participate in JOBS but refuses without good cause to accept the required number of weekly hours of employment offered by a public or private sector employer under the program. Grants States the option of continuing AFDC to the dependent children of any family with a parent who is required to participate in JOBS but fails without good cause to do so and is cut off AFDC for the period specified under current law, while preserving their eligibility under SSA title XIX (Medicaid). Directs the applicable State agency to provide appropriate counseling and other supportive services to assist the parent in addressing such failure. Requires custodial parents below age 20 who do not have a high school diploma (or its equivalent), and are required to participate in JOBS, to participate in an educational activity, regardless of State resource availability as currently conditioned under law. Allows States to apply AFDC sanctions to any individual required to get substance abuse treatment as a condition of JOBS participation who fails to get such treatment. (Sec. 102) Requires the States to implement statewide within two years of initial implementation in FY 1996 or 1997 modified JOBS programs that, with respect to the AFDC recipients required to participate in JOBS, provide for an assessment of such recipient's literacy skills and for expanded education, optional free substance abuse treatment, mandatory job search, and self-employment (including microenterprise) preparation services, in addition to the currently authorized child care and other supportive services. Requires such State JOBS programs to provide any other appropriate services or activities detailed in the recipient's individualized employability plan which the State agrees to provide and the recipient agrees to participate in by signing a personal responsibility agreement, in order to prepare the recipient for either permanent unsubsidized employment or temporary subsidized employment through the new WORK program. Requires such JOBS programs to address participant training for child care providers and nontraditional employment positions. Requires such JOBS programs to require employability plans to: (1) indicate the overall time for achieving their employment goals; and (2) be extended whenever the 24 month limit on AFDC benefits is extended. Subjects them to periodic review and revision to reflect the recipient's progress towards meeting such goals. (Continues with further modifications in the JOBS program as provided below under title II of this Act.) (Sec. 103) Revises JOBS program provisions on dispute resolution and service provision, with changes in the latter provisions: (1) extending their applicability (although modified, and along with additional specified wage, benefit, and working condition requirements) to the WORK program; (2) specifying the components of grievance procedures for resolving regular employee complaints alleging violations of worker displacement prohibitions or other specified work-related requirements; (3) requiring written notification of labor organizations when JOBS program participants are assigned to regular employment positions; (4) establishing an alternative expedited grievance procedure for complaints involving such an assignment; and (5) providing for binding arbitration for adverse grievance decisions. Changes earned income disregards and the limit on Federal reimbursement for State expenditures under work supplementation program provisions. (Sec. 104) Requires the States to generally limit AFDC benefits to 24 months, subject to extension for certain educational purposes, unless they have opted to participate in a limited number of demonstrations using alternative limits. (Sec. 105) Places administrative jurisdiction of the WORK program under the Assistant Secretary for Family Support in the Department of Health and Human Services. Title II: WORK - Adds to SSA title IV part G the WORK program. Requires States to have new programs requiring former JOBS participants who have been cut off AFDC after 24 months without receiving an extension or finding suitable employment to: (1) register with the applicable State agency for an approprate Work assignment of up to one year in the local area, involving placement in a temporary position in a subsidized private or public sector job (including ones as community service and child care providers) that gives them the experience for eventually finding a nonsubsidized job; and (2) conduct job searches for suitable nonsubsidized employment after completing an assignment while awaiting assignment to the next WORK job. (Sec. 201) Allows registrants to receive supplemental AFDC benefits in addition to their WORK earnings, as well as have their Medicaid-eligibility preserved while participating in WORK. Prohibits the upward adjustment of the amount of such supplemental benefits because of any failure to work the required hours for each assignment. Requires the aplicable State agency to conduct a comprehensive assessment at periodic intervals and either reassign the WORK participant to JOBS for additional training or to another assignment if he or she cannot find unsubsidized employment. Details other program provisions, chief among them provisions for: (1) local WORK advisory boards for advising administering agencies; (2) child care and other supportive services; (3) sanctions, hearings, and evaluations following WORK violations; and (4) optional joint JOBS and WORK administration and provision of program services through one-stop career centers. (Sec. 202) Revises current JOBS funding provisions, among other changes: (1) increasing the capped JOBS entitlement beginning in FY 1996, with the level of such entitlement specified for FY 2005 and each fiscal year thereafter adjusted for inflation; (2) limiting entitlement payments under JOBS to a State according to the average monthly number of adult recipients in the State for the preceding fiscal year relative to the number in all States (no longer factoring in the amount allotted to the State for FY 1987); (3) including enhanced Federal matching in the formulae for determining Federal payment with respect to a State's JOBS, WORK, and associated child care support expenditures; (4) establishing similar separate funding for the WORK program and specified set-asides under both programs for Indian tribes and Alaska Native organizations; and (5) earmarking specified funds for use by the Secretary of Health and Human Services (Secretary) to provide to States requesting additional funding for JOBS or WORK in the following fiscal year beyond that which was originally allocated and subsequently reallocated. (Sec. 204) Requires the States to implement modified JOBS programs as described above that, additionally, provide: (1) at the State's option, for a separate program for job training and employment opportunities for non-custodial parents without requiring their participation in JOBS or WORK in order to participate in the separate program; (2) for revised components for Indian tribes and Alaska Native organizations, among other changes, making such components applicable to such entities applying to conduct WORK programs, and to provide funding for Indian and Alaska Native child care under the AFDC, JOBS, and WORK programs; and (3) for special rules for territories regarding applicability of the 24 month limit on AFDC benefits and the WORK program. (Sec. 205) Amends SSA title XI to remove WORK and "at-risk" family child care from the territorial cap. (Sec. 207) Amends the Internal Revenue Code (IRC) to exempt earnings from WORK employment from being: (1) subject to Federal income and unemployment taxes; and (2) treated as earned income or qualified wages for purposes of the earned income and targeted jobs tax credits. Title III: Child Care - Makes various specified changes with regard to AFDC's child care support programs, including those largely conforming to the provisions of this Act concerning child care support for JOBS and WORK participants. Provides, in addition, for transitional child care for individuals leaving the WORK program. Provides also, with respect to AFDC recipients, JOBS and WORK participants, transitional child care recipients, and "at-risk" families, for parental rights and child care health and safety standards consistent with those under the Child Care and Development Block Grant Act of 1990 (Child Care Block Grant Act), including requirements for proper child immunizations and protection against toxic substances and weapons at sites where child care is provided. (Sec. 302) Provides for: (1) family cost-sharing for transitional and "at-risk" family child care consistent with the methodology used under the Child Care Block Grant Act; (2) "at-risk" family child care only in cases where the family involved is not eligible for other SSA title IV part A child care support programs, and regardless of whether they need child care in order to work; and (3) modified State payment and Federal reimbursement rules, among other changes making State licensing and monitoring activities with respect to child care providers reimbursable as an administrative cost. (Sec. 304) Provides for: (1) optional administration of AFDC's child care support programs by the lead State agency designated under the Child Care Block Grant Act; (2) establishment of a set-aside in the "at-risk" family child care support program for improving the quality and increasing the supply of appropriate child care for low-income communities; (3) increased Federal funding for the "at-risk" family child care support program as well as a new enhanced Federal match for that program consistent with that for other SSA title IV part A services; and (4) reallotment of unused "at-risk" funds to States with expenditures exceeding applicable limits. (Sec. 307) Provides for offering working AFDC families a supplement if certain earned income disregard provisions are applied in order to guarantee child care. Title IV: Provisions with Multi-Program Applicability - Revises current JOBS performance standards and AFDC quality control and management information system provisions. Provides for: (1) an outcome-based performance standards system for measuring the extent to which JOBS and WORK help participants and their families move towards self-sufficiency and economic well-being and away from welfare; and (2) an expanded quality control system, as well as new State automated systems, for use in assessing the State's performance in administering its AFDC, JOBS, WORK and child care support programs, by applying such standards and in assisting the States in monitoring participants, processing payments, providing services, managing information, and performing the other operations involved in administering such programs. Authorizes appropriations. (Sec. 403) Amends AFDC to require the Secretary to establish and maintain an automated National Welfare Receipt Registry of information on current and past AFDC and WORK participants for assisting States in administering their AFDC, JOBS, and WORK plans. Authorizes appropriations. (Sec. 404) Earmarks funding out of the capped JOBS and WORK entitlements above for specified demonstration projects, studies, and other activities related to the programs created and modified by this Act and involving, for instance: (1) JOBS placements in positions with significant retention rates; (2) WORK programs conducted outside the State's AFDC program; (3) State Work Support Agencies for assisting former AFDC recipients in retaining unsubsidized employment; and (4) parenting skills for noncustodial parents. (Sec. 405) Requires the Secretary and the Director of the Office of Management and Budget, beginning in FY 1998, to make certain certifications over a six-year period regarding the use of the component databases of the National Welfare Reform Information Clearinghouse (established under title VI of this Act) by State and Federal agencies. Requires the Director to determine whether Federal agencies have used such databases for reducing waste, fraud, and abuse in their programs in order to achieve the mandatory spending reductions assumed in the cost estimates accompanying this Act. Specifies required reductions in mandatory spending for the succeeding fiscal year if the Director certifies before the close of the current fiscal year that despite the full use of such databases mandatory spending was not reduced by the projected amount. Title V: Prevention of Dependency - Amends AFDC and JOBS to make various specified changes designed to prevent welfare dependency, including changes relating to: (1) supervised living arrangements for unmarried minor parents with dependent children and pregnant women; (2) State options to limit AFDC benefit increases for families on AFDC who have additional children, and to conduct a program of montary incentives and penalties to encourage teen custodial parents and pregnant women to complete high school and participate in parenting activities; and (3) case management for teen custodial parents on AFDC. (Sec. 505) Amends SSA title XX (Block Grants to States for Social Services) to provide for: (1) grants for development of school-based programs in high risk areas for promoting adolescent personal responsibility and character development with emphasis on drug use and pregnancy prevention; (2) grants for carrying out similar demonstration projects providing comprehensive services for promoting educational advancement, improving community stability, and developing employment opportunities in addition to focusing on personal responsibility and drug use and pregnancy prevention; and (3) establishment by appropriate Federal officials of the National Clearinghouse on Adolescent Pregnancy Prevention Programs for disseminating information on and performing other specified functions, including sponsoring training institutes, with regard to adolescent pregnancy prevention programs. Title VI: Child Support Enforcement - Amends SSA title IV part D (Child Support and Establishment of Paternity) to revise the Federal child support and paternity establishment system and related IRC and other provisions to mandate among other things: (1) centralized collection and disbursement (including interstate collection and disbursement) of child support payments through a new single statewide automated system linked to a central registry of all child support orders established or modified in the State involved subject to wage withholding; and (2) a National Welfare Reform Information Clearinghouse composed of specified automated registries and directories (including an expanded Federal Parent Locator Service) containing employment, locate, and other specified types of information for assisting the Internal Revenue Service (IRS) in verifying employment and States in administering their AFDC, JOBS, WORK, and child support and paternity establishment programs, verifying the income and eligibility of Medicaid, food stamp, and SSI (Supplemental Security Income) (SSA title XVI) program participants, and ruling on unemployment and worker compensation claims. (Sec. 601) Mandates: (1) outreach for voluntarily establishing paternity and facilitating access to child support enforcement services; (2) annual State reviews of and reports on child support and paternity establishment programs for use by Federal auditors in assessing program performance using new Government standards; and (3) increased Federal matching payments for such programs. Includes among such changes new State plan requirements regarding: (1) AFDC recipient cooperation in State efforts to establish paternity and secure support; (2) distribution of support payments; (3) due process rights; (4) privacy safeguards; and (5) State and local agency program staff and contractor training. (Sec. 612) Revises provisions on: (1) State incentive payments, providing for performance-based incentive adjustments to the Federal matching rate for payments to a particular State; and (2) reductions in State AFDC payments for certain failures, adding specific failures to achieve appropriate levels of performance in paternity establishment and child support enforcement or to submit complete or reliable data, and conditioning the effectiveness of such reductions on the State's failure to take sufficient corrective action in the succeeding fiscal year to achieve compliance. (Sec. 615) Requires the Secretary to conduct staffing studies for a report to the Congress. (Sec. 616) Earmarks specified funding for Federal technical assistance, training, research, demonstrations, and other activities assisting State child support and paternity establishment programs. (Sec. 617) Makes specified changes with regard to: (1) annual congressional reports on all SSA title IV part D activities; and (2) data collection and reporting. (Sec. 623) Revises State law requirements regarding: (1) income withholding; (2) locate networks; (3) labor union cooperation in such State efforts; (4) use of social security numbers on child support and paternity orders and other specified party records; (5) modification of child support orders (including uniform interstate enforcement and modification of such orders); (6) expedited administrative and judicial procedures for establishing paternity (including before the child is born) and establishing, modifying, and enforcing support obligations; (7) imposition of motor vehicle title liens and other specified actions for support arrearages (including mandatory credit bureau reporting of all arrearages); (8) arrearage statute of limitations and interest and penalties; and (9) visitation rights. (Sec. 625) Directs the Secretary to establish a National Welfare Reform Information Clearinghouse and an automated National Directory of New Hires. (Sec. 627) Directs the Secretary to conduct studies on: (1) (and make grants to States for demonstrations involving) certain locate activities; and (2) the use of tax return information for modifying child support orders. (Sec. 642) Provides for: (1) a reduction in State AFDC payments for failure to establish paternity promptly; and (2) State options to provide for incentive payments to families to encourage paternity establishment. Directs the Secretary to authorize certain State demonstrations involving financial incentives for paternity establishment. (Sec. 651) Authorizes the Secretary to establish: (1) a revolving loan fund for program improvements to increase child support collections; and (2) the National Commission on Child Support Guidelines to determine whether a national child support guideline is advisable and develop one for congressional consideration if it is. Authorizes appropriations. (Sec. 662) Amends IRC to make specified changes with regard to the IRS tax refund offset program and collection of arrearages, among other changes: (1) eliminating the disparities between AFDC and non-AFDC cases; and (2) prohibiting additional fees for updating open case arrearages. (Sec. 664) Consolidates and revises provisions for collecting support from Federal employees and members of the armed forces. (Sec. 672) Modifies support obligation treatment under the Federal bankruptcy code. (Sec. 673) Provides for passport denial in cases involving child support arrearages exceeding $5,000. (Sec. 681) Directs the Secretary to make grants for State demonstrations to determine the effectiveness of programs to provide assured levels of child support to custodial parents of children whose paternity and support obligations have been established. Authorizes appropriations. (Sec. 691) Authorizes appropriations for State absent parent access and visitation programs. Title VII: Improving Government Assistance and Preventing Fraud - Amends AFDC, the Family Support Act of 1988, the Food Stamp Act of 1977 (Food Stamp Act), SSA title XI, and the IRC to make various specified changes in income disregard, resource exclusion, and other provisions under the Federal welfare system that are designed to: (1) simplify administration, for example, by changing the policy of obtaining citizenship declarations from each family member in cases where a single family is applying for AFDC, and by conforming program rules between AFDC and the food stamp program on the treatment of educational assistance; and (2) prevent fraud by allowing State agencies to use the IRS to collect AFDC overpayments from Federal tax refunds. (Sec. 731) Individual Development Account Demonstration Act of 1994 - States that it is U.S. policy to: (1) eliminate barriers that prevent AFDC recipients from becoming self-sufficient through self-employment and asset accumulation; (2) identify and implement cost-effective strategies to encourage saving and entrepreneurship among low-income families that have the potential to reduce Federal spending on transfers and services to them; (3) enhance private-sector opportunities for such families by enabling them to use their own resources through expanded business investment, job creation, home ownership, and human capital investment; and (4) expand the capacity of local organizations to provide asset-related services, such as savings mechanisms and loan funds, that help people to help themselves. (Sec. 732) Provides for the establishment of State and local demonstration projects designed to determine: (1) the social, psychological, and economic effects of providing low-income individuals with the opportunity to accumulate assets and develop and use entrepreneurial skills; and (2) the extent to which an asset-based assistance policy may be used to enable such individuals to achieve economic self-sufficiency. Authorizes appropriations. (Sec. 734) Amends the IRC to allow the establishment of individual development accounts (IDAs) by or on behalf of an eligible individual for the purpose of accumulating funds to pay his or her qualified expenses. Establishes an annual limit on such contributions (except contributions to IDAs established under the demonstration projects above), and a limit on total contributions for all years of $10,000. Defines qualified expenses as those for: (1) post-secondary education expenses; (2) a first-home purchase; and (3) business capitalization. Declares that contributions to IDAs are not subject to the gift tax or the tax on prohibited transactions. (Sec. 741) Provides for State demonstrations under which participating residents will receive advanced earned income payments from a responsible State agency in lieu of receiving them from an employer. Authorizes appropriations. Title VIII: Self-Employment/Microenterprise Demonstrations - Directs the Secretary and the Administrator of the Small Business Administration, subject to available funding, to jointly develop a self-employment/microenterprise demonstration program for welfare recipients and low-income individuals. Authorizes appropriations. Title IX: Financing - Caps AFDC's emergency assistance program. (Sec. 902) Establishes uniform eligibility criteria under AFDC, SSI, and Medicaid for all categories of aliens, including those lawfully admitted for permanent residence. (Sec. 903) Makes the current five-year period of sponsor responsibility permanent law under SSI and increases sponsor periods under AFDC and food stamps to five years, among other changes in AFDC, SSI, and food stamp alien eligibility rules, which include changes disqualifying after five years certain aliens with sponsors having income in excess of applicable limits. (Sec. 904) Amends the National School Lunch Act, among other things, to: (1) establish a two-tiered reimbursement structure for family or group day care homes; (2) provide family or group day care home sponsoring organizations with additional funding for administrative expenses for each home located in a low-income area; and (3) require the Secretary of Agriculture to provide State assistance grants. (Sec. 905) Amends the Food Stamp Act to extend expiring provisions reducing the percentage of recovered food stamp overpayments retainable by State agencies. (Sec. 906) Make persons receiving in excess of $100,000 in off-farm adjusted gross income ineligible for Commodity Credit Corporation crop subsidies. (Sec. 907) Amends the IRC to: (1)extend the expiring corporate environmental income tax used to finance the Hazardous Substance Superfund; (2) extend the earned income tax credit to military personnel on extended active duty abroad; and (3) deny such credit for non-resident aliens. (Sec. 908) Amends the Federal Railroad Safety Act of 1970 to extend railroad safety inspection fees permanently. (Sec. 911) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend certain customs fees. Title X: Effective Dates - Specifies the effective dates of this Act.

Bill· HRH.R. 4605 (103rd)open

Work and Responsibility Act of 1994

United States · United States Congress · 21 June 1994

TABLE OF CONTENTS: Title I: JOBS Title II: WORK Title III: Child Care Title IV: Provisions with Multi-Program Applicability Title V: Prevention of Dependency Title VI: Child Support Enforcement Title VII: Improving Government Assistance and Preventing Fraud Title VIII: Self Employment/Microenterprise Demonstrations Title IX: Financing Title X: Effective Dates Work and Responsibility Act of 1994 - Title I: JOBS - Amends parts A (Aid to Families with Dependent Children) (AFDC) and F (Job Opportunities and Basic Skills Training Program) (JOBS) of title IV of the Social Security Act (SSA) to revise the Federal welfare system for the purpose of making AFDC a transitional program with the goal of enabling participants to achieve maximum economic independence and self-sufficiency by, among other changes, imposing time-limited AFDC benefits and requiring participation in modified and new State-administered job training and subsidized employment programs that have been designed to eventually move them into the permanent work force and prepare them for a life without welfare by enabling them to get work experience and by requiring them to perform job searches for suitable nonsubsidized employment. (Sec. 101) Modifies current AFDC and JOBS participation requirements. Requires all AFDC recipients (including minor custodial parents not attending school full time) who are able to participate in the JOBS program to so participate, starting in FY 1996 or 1997 on a phased-in basis with custodial parents (including such minor parents) born in 1972 or later, and continuing thereafter with any such additional classes of parents of dependent children or other AFDC applicants or recipients. Requires a recipient unable to participate in the JOBS program because of a third trimester pregnancy, temporary incapacity, or other specified reason, to participate in related preparatory activities the State in appropriate cases may require pursuant to the recipient's employability plan, in order to prepare the recipient for full JOBS participation. Requires suspension for up to six months of the AFDC benefits of a family with a member who is required to participate in JOBS but refuses without good cause to accept the required number of weekly hours of employment offered by a public or private sector employer under the program. Grants States the option of continuing AFDC to the dependent children of any family with a parent who is required to participate in JOBS but fails without good cause to do so and is cut off AFDC for the period specified under current law, while preserving their eligibility under SSA title XIX (Medicaid). Directs the applicable State agency to provide appropriate counseling and other supportive services to assist the parent in addressing such failure. Requires custodial parents below age 20 who do not have a high school diploma (or its equivalent), and are required to participate in JOBS, to participate in an educational activity, regardless of State resource availability as currently conditioned under law. Allows States to apply AFDC sanctions to any individual required to get substance abuse treatment as a condition of JOBS participation who fails to get such treatment. (Sec. 102) Requires the States to implement statewide within two years of initial implementation in FY 1996 or 1997 modified JOBS programs that, with respect to the AFDC recipients required to participate in JOBS, provide for an assessment of such recipient's literacy skills and for expanded education, optional free substance abuse treatment, mandatory job search, and self-employment (including microenterprise) preparation services, in addition to the currently authorized child care and other supportive services. Requires such State JOBS programs to provide any other appropriate services or activities detailed in the recipient's individualized employability plan which the State agrees to provide and the recipient agrees to participate in by signing a personal responsibility agreement, in order to prepare the recipient for either permanent unsubsidized employment or temporary subsidized employment through the new WORK program. Requires such JOBS programs to address participant training for child care providers and nontraditional employment positions. Requires such JOBS programs to require employability plans to: (1) indicate the overall time for achieving their employment goals; and (2) be extended whenever the 24 month limit on AFDC benefits is extended. Subjects them to periodic review and revision to reflect the recipient's progress towards meeting such goals. (Continues with further modifications in the JOBS program as provided below under title II of this Act.) (Sec. 103) Revises JOBS program provisions on dispute resolution and service provision, with changes in the latter provisions: (1) extending their applicability (although modified, and along with additional specified wage, benefit, and working condition requirements) to the WORK program; (2) specifying the components of grievance procedures for resolving regular employee complaints alleging violations of worker displacement prohibitions or other specified work-related requirements; (3) requiring written notification of labor organizations when JOBS program participants are assigned to regular employment positions; (4) establishing an alternative expedited grievance procedure for complaints involving such an assignment; and (5) providing for binding arbitration for adverse grievance decisions. Changes earned income disregards and the limit on Federal reimbursement for State expenditures under work supplementation program provisions. (Sec. 104) Requires the States to generally limit AFDC benefits to 24 months, subject to extension for certain educational purposes, unless they have opted to participate in a limited number of demonstrations using alternative limits. (Sec. 105) Places administrative jurisdiction of the WORK program under the Assistant Secretary for Family Support in the Department of Health and Human Services. Title II: WORK - Adds to SSA title IV part G the WORK program. Requires States to have new programs requiring former JOBS participants who have been cut off AFDC after 24 months without receiving an extension or finding suitable employment to: (1) register with the applicable State agency for an approprate Work assignment of up to one year in the local area, involving placement in a temporary position in a subsidized private or public sector job (including ones as community service and child care providers) that gives them the experience for eventually finding a nonsubsidized job; and (2) conduct job searches for suitable nonsubsidized employment after completing an assignment while awaiting assignment to the next WORK job. (Sec. 201) Allows registrants to receive supplemental AFDC benefits in addition to their WORK earnings, as well as have their Medicaid-eligibility preserved while participating in WORK. Prohibits the upward adjustment of the amount of such supplemental benefits because of any failure to work the required hours for each assignment. Requires the aplicable State agency to conduct a comprehensive assessment at periodic intervals and either reassign the WORK participant to JOBS for additional training or to another assignment if he or she cannot find unsubsidized employment. Details other program provisions, chief among them provisions for: (1) local WORK advisory boards for advising administering agencies; (2) child care and other supportive services; (3) sanctions, hearings, and evaluations following WORK violations; and (4) optional joint JOBS and WORK administration and provision of program services through one-stop career centers. (Sec. 202) Revises current JOBS funding provisions, among other changes: (1) increasing the capped JOBS entitlement beginning in FY 1996, with the level of such entitlement specified for FY 2005 and each fiscal year thereafter adjusted for inflation; (2) limiting entitlement payments under JOBS to a State according to the average monthly number of adult recipients in the State for the preceding fiscal year relative to the number in all States (no longer factoring in the amount allotted to the State for FY 1987); (3) including enhanced Federal matching in the formulae for determining Federal payment with respect to a State's JOBS, WORK, and associated child care support expenditures; (4) establishing similar separate funding for the WORK program and specified set-asides under both programs for Indian tribes and Alaska Native organizations; and (5) earmarking specified funds for use by the Secretary of Health and Human Services (Secretary) to provide to States requesting additional funding for JOBS or WORK in the following fiscal year beyond that which was originally allocated and subsequently reallocated. (Sec. 204) Requires the States to implement modified JOBS programs as described above that, additionally, provide: (1) at the State's option, for a separate program for job training and employment opportunities for non-custodial parents without requiring their participation in JOBS or WORK in order to participate in the separate program; (2) for revised components for Indian tribes and Alaska Native organizations, among other changes, making such components applicable to such entities applying to conduct WORK programs, and to provide funding for Indian and Alaska Native child care under the AFDC, JOBS, and WORK programs; and (3) for special rules for territories regarding applicability of the 24 month limit on AFDC benefits and the WORK program. (Sec. 205) Amends SSA title XI to remove WORK and "at-risk" family child care from the territorial cap. (Sec. 207) Amends the Internal Revenue Code (IRC) to exempt earnings from WORK employment from being: (1) subject to Federal income and unemployment taxes; and (2) treated as earned income or qualified wages for purposes of the earned income and targeted jobs tax credits. Title III: Child Care - Makes various specified changes with regard to AFDC's child care support programs, including those largely conforming to the provisions of this Act concerning child care support for JOBS and WORK participants. Provides, in addition, for transitional child care for individuals leaving the WORK program. Provides also, with respect to AFDC recipients, JOBS and WORK participants, transitional child care recipients, and "at-risk" families, for parental rights and child care health and safety standards consistent with those under the Child Care and Development Block Grant Act of 1990 (Child Care Block Grant Act), including requirements for proper child immunizations and protection against toxic substances and weapons at sites where child care is provided. (Sec. 302) Provides for: (1) family cost-sharing for transitional and "at-risk" family child care consistent with the methodology used under the Child Care Block Grant Act; (2) "at-risk" family child care only in cases where the family involved is not eligible for other SSA title IV part A child care support programs, and regardless of whether they need child care in order to work; and (3) modified State payment and Federal reimbursement rules, among other changes making State licensing and monitoring activities with respect to child care providers reimbursable as an administrative cost. (Sec. 304) Provides for: (1) optional administration of AFDC's child care support programs by the lead State agency designated under the Child Care Block Grant Act; (2) establishment of a set-aside in the "at-risk" family child care support program for improving the quality and increasing the supply of appropriate child care for low-income communities; (3) increased Federal funding for the "at-risk" family child care support program as well as a new enhanced Federal match for that program consistent with that for other SSA title IV part A services; and (4) reallotment of unused "at-risk" funds to States with expenditures exceeding applicable limits. (Sec. 307) Provides for offering working AFDC families a supplement if certain earned income disregard provisions are applied in order to guarantee child care. Title IV: Provisions with Multi-Program Applicability - Revises current JOBS performance standards and AFDC quality control and management information system provisions. Provides for: (1) an outcome-based performance standards system for measuring the extent to which JOBS and WORK help participants and their families move towards self-sufficiency and economic well-being and away from welfare; and (2) an expanded quality control system, as well as new State automated systems, for use in assessing the State's performance in administering its AFDC, JOBS, WORK and child care support programs, by applying such standards and in assisting the States in monitoring participants, processing payments, providing services, managing information, and performing the other operations involved in administering such programs. Authorizes appropriations. (Sec. 403) Amends AFDC to require the Secretary to establish and maintain an automated National Welfare Receipt Registry of information on current and past AFDC and WORK participants for assisting States in administering their AFDC, JOBS, and WORK plans. Authorizes appropriations. (Sec. 404) Earmarks funding out of the capped JOBS and WORK entitlements above for specified demonstration projects, studies, and other activities related to the programs created and modified by this Act and involving, for instance: (1) JOBS placements in positions with significant retention rates; (2) WORK programs conducted outside the State's AFDC program; (3) State Work Support Agencies for assisting former AFDC recipients in retaining unsubsidized employment; and (4) parenting skills for noncustodial parents. (Sec. 405) Requires the Secretary and the Director of the Office of Management and Budget, beginning in FY 1998, to make certain certifications over a six-year period regarding the use of the component databases of the National Welfare Reform Information Clearinghouse (established under title VI of this Act) by State and Federal agencies. Requires the Director to determine whether Federal agencies have used such databases for reducing waste, fraud, and abuse in their programs in order to achieve the mandatory spending reductions assumed in the cost estimates accompanying this Act. Specifies required reductions in mandatory spending for the succeeding fiscal year if the Director certifies before the close of the current fiscal year that despite the full use of such databases mandatory spending was not reduced by the projected amount. Title V: Prevention of Dependency - Amends AFDC and JOBS to make various specified changes designed to prevent welfare dependency, including changes relating to: (1) supervised living arrangements for unmarried minor parents with dependent children and pregnant women; (2) State options to limit AFDC benefit increases for families on AFDC who have additional children, and to conduct a program of montary incentives and penalties to encourage teen custodial parents and pregnant women to complete high school and participate in parenting activities; and (3) case management for teen custodial parents on AFDC. (Sec. 505) Amends SSA title XX (Block Grants to States for Social Services) to provide for: (1) grants for development of school-based programs in high risk areas for promoting adolescent personal responsibility and character development with emphasis on drug use and pregnancy prevention; (2) grants for carrying out similar demonstration projects providing comprehensive services for promoting educational advancement, improving community stability, and developing employment opportunities in addition to focusing on personal responsibility and drug use and pregnancy prevention; and (3) establishment by appropriate Federal officials of the National Clearinghouse on Adolescent Pregnancy Prevention Programs for disseminating information on and performing other specified functions, including sponsoring training institutes, with regard to adolescent pregnancy prevention programs. Title VI: Child Support Enforcement - Amends SSA title IV part D (Child Support and Establishment of Paternity) to revise the Federal child support and paternity establishment system and related IRC and other provisions to mandate among other things: (1) centralized collection and disbursement (including interstate collection and disbursement) of child support payments through a new single statewide automated system linked to a central registry of all child support orders established or modified in the State involved subject to wage withholding; and (2) a National Welfare Reform Information Clearinghouse composed of specified automated registries and directories (including an expanded Federal Parent Locator Service) containing employment, locate, and other specified types of information for assisting the Internal Revenue Service (IRS) in verifying employment and States in administering their AFDC, JOBS, WORK, and child support and paternity establishment programs, verifying the income and eligibility of Medicaid, food stamp, and SSI (Supplemental Security Income) (SSA title XVI) program participants, and ruling on unemployment and worker compensation claims. (Sec. 601) Mandates: (1) outreach for voluntarily establishing paternity and facilitating access to child support enforcement services; (2) annual State reviews of and reports on child support and paternity establishment programs for use by Federal auditors in assessing program performance using new Government standards; and (3) increased Federal matching payments for such programs. Includes among such changes new State plan requirements regarding: (1) AFDC recipient cooperation in State efforts to establish paternity and secure support; (2) distribution of support payments; (3) due process rights; (4) privacy safeguards; and (5) State and local agency program staff and contractor training. (Sec. 612) Revises provisions on: (1) State incentive payments, providing for performance-based incentive adjustments to the Federal matching rate for payments to a particular State; and (2) reductions in State AFDC payments for certain failures, adding specific failures to achieve appropriate levels of performance in paternity establishment and child support enforcement or to submit complete or reliable data, and conditioning the effectiveness of such reductions on the State's failure to take sufficient corrective action in the succeeding fiscal year to achieve compliance. (Sec. 615) Requires the Secretary to conduct staffing studies for a report to the Congress. (Sec. 616) Earmarks specified funding for Federal technical assistance, training, research, demonstrations, and other activities assisting State child support and paternity establishment programs. (Sec. 617) Makes specified changes with regard to: (1) annual congressional reports on all SSA title IV part D activities; and (2) data collection and reporting. (Sec. 623) Revises State law requirements regarding: (1) income withholding; (2) locate networks; (3) labor union cooperation in such State efforts; (4) use of social security numbers on child support and paternity orders and other specified party records; (5) modification of child support orders (including uniform interstate enforcement and modification of such orders); (6) expedited administrative and judicial procedures for establishing paternity (including before the child is born) and establishing, modifying, and enforcing support obligations; (7) imposition of motor vehicle title liens and other specified actions for support arrearages (including mandatory credit bureau reporting of all arrearages); (8) arrearage statute of limitations and interest and penalties; and (9) visitation rights. (Sec. 625) Directs the Secretary to establish a National Welfare Reform Information Clearinghouse and an automated National Directory of New Hires. (Sec. 627) Directs the Secretary to conduct studies on: (1) (and make grants to States for demonstrations involving) certain locate activities; and (2) the use of tax return information for modifying child support orders. (Sec. 642) Provides for: (1) a reduction in State AFDC payments for failure to establish paternity promptly; and (2) State options to provide for incentive payments to families to encourage paternity establishment. Directs the Secretary to authorize certain State demonstrations involving financial incentives for paternity establishment. (Sec. 651) Authorizes the Secretary to establish: (1) a revolving loan fund for program improvements to increase child support collections; and (2) the National Commission on Child Support Guidelines to determine whether a national child support guideline is advisable and develop one for congressional consideration if it is. Authorizes appropriations. (Sec. 662) Amends IRC to make specified changes with regard to the IRS tax refund offset program and collection of arrearages, among other changes: (1) eliminating the disparities between AFDC and non-AFDC cases; and (2) prohibiting additional fees for updating open case arrearages. (Sec. 664) Consolidates and revises provisions for collecting support from Federal employees and members of the armed forces. (Sec. 672) Modifies support obligation treatment under the Federal bankruptcy code. (Sec. 673) Provides for passport denial in cases involving child support arrearages exceeding $5,000. (Sec. 681) Directs the Secretary to make grants for State demonstrations to determine the effectiveness of programs to provide assured levels of child support to custodial parents of children whose paternity and support obligations have been established. Authorizes appropriations. (Sec. 691) Authorizes appropriations for State absent parent access and visitation programs. Title VII: Improving Government Assistance and Preventing Fraud - Amends AFDC, the Family Support Act of 1988, the Food Stamp Act of 1977 (Food Stamp Act), SSA title XI, and the IRC to make various specified changes in income disregard, resource exclusion, and other provisions under the Federal welfare system that are designed to: (1) simplify administration, for example, by changing the policy of obtaining citizenship declarations from each family member in cases where a single family is applying for AFDC, and by conforming program rules between AFDC and the food stamp program on the treatment of educational assistance; and (2) prevent fraud by allowing State agencies to use the IRS to collect AFDC overpayments from Federal tax refunds. (Sec. 731) Individual Development Account Demonstration Act of 1994 - States that it is U.S. policy to: (1) eliminate barriers that prevent AFDC recipients from becoming self-sufficient through self-employment and asset accumulation; (2) identify and implement cost-effective strategies to encourage saving and entrepreneurship among low-income families that have the potential to reduce Federal spending on transfers and services to them; (3) enhance private-sector opportunities for such families by enabling them to use their own resources through expanded business investment, job creation, home ownership, and human capital investment; and (4) expand the capacity of local organizations to provide asset-related services, such as savings mechanisms and loan funds, that help people to help themselves. (Sec. 732) Provides for the establishment of State and local demonstration projects designed to determine: (1) the social, psychological, and economic effects of providing low-income individuals with the opportunity to accumulate assets and develop and use entrepreneurial skills; and (2) the extent to which an asset-based assistance policy may be used to enable such individuals to achieve economic self-sufficiency. Authorizes appropriations. (Sec. 734) Amends the IRC to allow the establishment of individual development accounts (IDAs) by or on behalf of an eligible individual for the purpose of accumulating funds to pay his or her qualified expenses. Establishes an annual limit on such contributions (except contributions to IDAs established under the demonstration projects above), and a limit on total contributions for all years of $10,000. Defines qualified expenses as those for: (1) post-secondary education expenses; (2) a first-home purchase; and (3) business capitalization. Declares that contributions to IDAs are not subject to the gift tax or the tax on prohibited transactions. (Sec. 741) Provides for State demonstrations under which participating residents will receive advanced earned income payments from a responsible State agency in lieu of receiving them from an employer. Authorizes appropriations. Title VIII: Self-Employment/Microenterprise Demonstrations - Directs the Secretary and the Administrator of the Small Business Administration, subject to available funding, to jointly develop a self-employment/microenterprise demonstration program for welfare recipients and low-income individuals. Authorizes appropriations. Title IX: Financing - Caps AFDC's emergency assistance program. (Sec. 902) Establishes uniform eligibility criteria under AFDC, SSI, and Medicaid for all categories of aliens, including those lawfully admitted for permanent residence. (Sec. 903) Makes the current five-year period of sponsor responsibility permanent law under SSI and increases sponsor periods under AFDC and food stamps to five years, among other changes in AFDC, SSI, and food stamp alien eligibility rules, which include changes disqualifying after five years certain aliens with sponsors having income in excess of applicable limits. (Sec. 904) Amends the National School Lunch Act, among other things, to: (1) establish a two-tiered reimbursement structure for family or group day care homes; (2) provide family or group day care home sponsoring organizations with additional funding for administrative expenses for each home located in a low-income area; and (3) require the Secretary of Agriculture to provide State assistance grants. (Sec. 905) Amends the Food Stamp Act to extend expiring provisions reducing the percentage of recovered food stamp overpayments retainable by State agencies. (Sec. 906) Make persons receiving in excess of $100,000 in off-farm adjusted gross income ineligible for Commodity Credit Corporation crop subsidies. (Sec. 907) Amends the IRC to: (1)extend the expiring corporate environmental income tax used to finance the Hazardous Substance Superfund; (2) extend the earned income tax credit to military personnel on extended active duty abroad; and (3) deny such credit for non-resident aliens. (Sec. 908) Amends the Federal Railroad Safety Act of 1970 to extend railroad safety inspection fees permanently. (Sec. 911) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend certain customs fees. Title X: Effective Dates - Specifies the effective dates of this Act.

Bill· HRH.R. 4604 (103rd)referred

Budget Control Act of 1994

United States · United States Congress · 21 June 1994

Budget Control Act of 1994 - Directs the Director of the Office of Management and Budget (OMB) to submit a report to the Congress setting forth projected direct spending targets for FY 1994 through 1997. Makes the initial targets equal to the total outlays for all direct spending (except net interest and deposit insurance) as determined above by OMB, subject to annual adjustment for increases in numbers of direct spending program beneficiaries, and for revenue and emergency legislation. Requires an annual review of direct spending and receipts by the President as part of the budget process. Specifies the information to be included in the President's budget, such as information on target adjustments, and, in appropriate cases such as where direct spending outlays for the current year are projected to exceed applicable targets, a special direct spending message that includes a draft resolution recommending reduced outlays or increased revenues by specified amounts. Sets forth procedures governing congressional consideration of such recommendations, including: (1) requirements for a separate vote in the House of Representatives to increase direct spending targets; and (2) special rules regarding the applicability of budget process and enforcement provisions of the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) whenever budget resolutions or reconciliation legislation proposing target changes, outlay reductions, or revenue increases are reported. States that: (1) the procedures set forth in this Act shall not apply when the overage for any fiscal year is less than one-half of one percent of the direct spending target for that year; and (2) the President and the Congress should seriously consider all other alternatives before recommending reductions in means-tested programs. Declares it shall not be in order in the House to consider any general appropriation bill if the President has submitted a special direct spending message until the Congress has adopted a concurrent budget resolution meeting the requirements of this Act.

Resolution· HRESH.Res. 459 (103rd)open

Providing for the consideration of the bill (H.R. 3266) to provide for automatic downward adjustments in the discretionary spending limits for fiscal year 1994 set forth in the Congressional Budget Act of 1974 equal to the amount of rescissions contained in this Act.

United States · United States Congress · 21 June 1994

Sets forth the rule for the consideration of H.R. 3266 (providing for automatic downward adjustments in the discretionary spending limits for FY 1994 equal to specified rescissions).

Bill· SS. 2210 (103rd)open

Department of Energy National Security Act for Fiscal Year 1995

United States · United States Congress · 20 June 1994

TABLE OF CONTENTS: 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 Department of Energy National Security Act for Fiscal Year 1995 - 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.

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. 4600 (103rd)open

Expedited Rescissions Act of 1994

United States · United States Congress · 17 June 1994

Expedited Rescissions Act of 1994 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, one special message proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal. Provides a special transition rule for messages of the 104th Congress proposing to rescind certain budget authority of the 103d Congress. Provides judicial review of congressional actions under this Act.

Bill· SS. 2202 (103rd)referred

A bill to provide for increased economic growth, job creation and opportunity by reducing the Federal deficit.

United States · United States Congress · 16 June 1994

Declares that the discretionary spending limits (new budget authority and outlays) for each of FY 1994 through 1998 set forth in the Congressional Budget Act of 1974, as adjusted in strict conformance with the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), shall be reduced, as calculated by the Director of the Office of Management and Budget, in amounts equal to the aggregate amount of rescissions in any Act enacted on or after the enactment of this Act for such fiscal years. Waives such reductions with respect to any rescissions enacted in any Act designated by the President and the Congress as emergency appropriations to the extent that the aggregate amount of rescissions in such Act reduces the aggregate amount of budget authority and outlays designated as emergency appropriation by the President.

Bill· SS. 2204 (103rd)referred

Nuclear Regulatory Commission Fee Equity Act of 1994

United States · United States Congress · 16 June 1994

Nuclear Regulatory Commission Fee Equity Act of 1994 - Amends the Omnibus Budget Reconciliation Act of 1990 to permit the Nuclear Regulatory Commission to impose annual charges (in addition to user fees) upon any State with which it has entered into a cooperative agreement under the Atomic Energy Act of 1954.

Resolution· SRESS.Res. 227 (103rd)open

Senate Procedures Reform Resolution of 1994

United States · United States Congress · 16 June 1994

Senate Procedures Reform Resolution of 1994 - Amends rule XXV of the Standing Rules of the Senate to revise the numbers of Senators comprising Senate standing, select, and special committees. Revises service limitations to prohibit any Senator from serving on: (1) more than one of the Aging, Budget, Joint Economic, Rules and Administration, Small Business, and Veterans' Affairs Committees; (2) more than one (currently, two) subcommittee of any such Committee of which he or she is a member; (3) both the Appropriations and Finance Committees; (4) both the Armed Services and Foreign Relations Committees; or (5) more than two (currently, three) subcommittees of each of the Committees on Agriculture, Nutrition, and Forestry, Armed Services, Banking, Housing and Urban Affairs, Commerce, Science and Transportation, Energy and Natural Resources, Environment and Public Works, Finance, Foreign Relations, Governmental Affairs, the Judiciary, and Labor and Human Resources of which he or she is a member. Permits waiver of service limitations only by a resolution designating the Senators affected. Amends rule XXVI to allow only certain committees to meet on Tuesdays and Wednesdays and only certain other committees to meet on Thursdays, unless consent is obtained from the majority and minority leaders. Permits subcommittees to meet only on the day the full committee may meet at a time when the full committee is not meeting. Requires the chairman of each committee of the Senate to maintain a record of committee attendance and voting records to be made available to the public. Requires the Secretary of the Senate, by January 31 each year, to certify and publish in the Congressional Record a list identifying each member of the Senate who has used less than the amount allocated to the personal office of the member during the preceding fiscal year and the amount of such unused allocation.

Bill· HRH.R. 4592 (103rd)referred

Tax Rebate to Fight Crime Act

United States · United States Congress · 16 June 1994

Tax Rebate to Fight Crime Act - Appropriates two percent of net Federal individual income tax revenues to the Trust Fund to Fight Crime established in each State. Allows expenditures from such trust funds for: (1) salaries and expenses of police officers; (2) building and operating prisons; and (3) salaries and expenses of judges of courts handling criminal cases, prosecutors, and public defenders. Requires rebates from such trust funds to taxpayers if amounts are not spent as required. Reduces discretionary spending limits set forth in the Congressional Budget Act of 1974 to reflect amounts appropriated by this Act.

Bill· HRH.R. 4593 (103rd)referred

Entitlement Control Act of 1994

United States · United States Congress · 16 June 1994

Entitlement Control Act of 1994 - Directs the Director of the Office of Management and Budget (OMB) to report to the Congress on the direct spending targets for each of FY 1995 through 2000. Requires inclusion in such targets of all mandatory Federal spending except deposit insurance and net interest. (Sec. 4) Requires the OMB Director to establish direct spending limits (caps) for FY 1995 through 2000, allowing for growth each year to reflect the consumer price index, the number of beneficiaries, and an additional growth allowance of one percent per year through 1998. Requires further cap adjustments to reflect increased direct spending resulting from any health reform legislation. Requires the President's budget to reflect the same adjustments as OMB's. (Sec. 5) Requires the President's budget to include a proposal to offset any OMB-projected excess of the caps for each year. Authorizes the President to propose, with justification in writing, increases in cap levels to allow for all or part of such excess. (Sec. 6) Requires the Congress to: (1) pass a budget resolution including reconciliation instructions to offset any OMB-projected excess in entitlement spending for each fiscal year; or (2) increase the caps. Prescribes procedures for congressional consideration of such a budget resolution. (Sec. 7) Provides for expedited spin-off legislation, following passage of a budget resolution conference report, to allocate spending among the budget functions under the overall entitlement cap for a fiscal year, establishing individual caps for each budget function based on the budget resolution. Makes such caps binding in law when the President signs such spin-off legislation. (Sec. 8) Mandates separate sequestrations for any would-be excess direct spending in each budget function covered by enactment of a spin-off law. (Sec. 9) Mandates a comprehensive sequestration with across-the-board cuts in all entitlement programs to keep direct spending within the aggregate budget cap in any year when spin-off legislation is not enacted. (Sec. 10) Specifies programs and activities exempted from sequestration. (Sec. 11) Sets forth general and special sequestration rules. (Sec. 12) Sets forth deadlines for estimating assumptions, sequestration reports, and orders. (Sec. 13) Prescribes rules for determining the current policy baseline for sequestration reports. (Sec. 14) Declares that reductions in entitlement spending made to comply with budget caps shall not be entered on the paygo scorecard under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), except in certain circumstances. (Sec. 15) Provides for expedited judicial review of the constitutionality of this Act. (Sec. 16) Provides that certain House of Representatives rules changes enacted as part of the entitlement review process shall not be effective for FY 1995 and thereafter.

Bill· HRH.R. 4585 (103rd)referred

Freedom and Fairness Restoration Act of 1994

United States · United States Congress · 16 June 1994

TABLE OF CONTENTS: Title I: Tax Reduction and Simplification Title II: Spending Restraint and Budget Process Reform Subtitle A: Joint Budget Resolution Subtitle B: Zero Based Budgeting and Decennial Sunsetting Subtitle C: Spending Caps on the Growth of Entitlements for Fiscal Years 1995 Through 2000 Subtitle D: Balanced Budget by Fiscal Year 2000 Title III: Regulatory Relief Subtitle A: Private Property Rights Protection and Compensation Subtitle B: Measuring Costs of Federal Regulations Subtitle C: Risk Assessment and Cost/Benefit Analyses and Reports Freedom and Fairness Restoration Act of 1994 - Title I: Tax Reduction and Simplification - Amends the Internal Revenue Code to impose a 20 percent tax (17 percent after December 31, 1996) on the taxable earned income of every individual. Bases such amount on the standard deduction. (Replaces current income tax procedures for individuals.) Increases the basic standard deduction for individuals and includes an additional standard deduction for dependents, with inflation adjustments. (Sec. 102) Replaces the current tax on corporations with a tax on every person engaged in a business activity equal to 20 percent (17 percent after December 31, 1996) of the business taxable income of such person. Makes the person engaged in the business activity liable for the tax. (Sec. 103) Repeals income tax withholding. Title II: Spending Restraint and Budget Process Reform - Subtitle A: Joint Budget Resolution - Amends the Congressional Budget Act of 1974 to reform the budget process by requiring a joint resolution on the budget instead of the concurrent resolution on the budget. Subtitle B: Zero Based Budgeting and Decennial Sunsetting - Terminates spending authority for unearned entitlements and high-cost discretionary spending programs for FY 1994, and discretionary spending programs (not including high-cost programs) for FY 1995, unless such spending is reauthorized after the date of enactment of this Act. (Sec. 212) Establishes a point of order against legislation that appropriates funds, which may be waived by a three-fifths vote of each House of Congress. (Sec. 213) Requires the reauthorization of discretionary spending authority and unearned entitlements every ten years beginning in the first decennial census year after 2000. Subtitle C: Spending Caps on the Growth of Entitlements for Fiscal Years 1995 Through 2000 - Declares that for FY 1995 through 2000 the total level of entitlement and mandatory spending, excluding social security, shall not exceed the total level for the previous fiscal year increased by the consumer price index and growth in eligible population. Requires sequestration as necessary to reduce spending. Provides for making uniform reductions with limitations. Lists programs and activities exempt from sequestration and provides exceptions, limitations, and special rules. Establishes a point of order against entitlement programs which may be waived by a three-fifths vote of each House. Subtitle D: Balanced Budget by Fiscal Year 2000 - Amends the Congressional Budget Act to revise the budget enforcement process. (Sec. 231) Establishes maximum spending amounts for FY 1995 through 1999 and revises sequestration procedures for enforcement. (Sec. 233) Establishes a point of order against exceeding permissible total spending. Title III: Regulatory Relief - Subtitle A: Private Property Rights Protection and Compensation - Declares that a private property owner is entitled to receive compensation for any reduction in the value of property of the owner that is: (1) a consequence of a limitation on an otherwise lawful use of the property imposed by a final agency action; and (2) measurable and not negligible. Subtitle B: Measuring Costs of Federal Regulations - Requires the Office of Management and Budget to report annually to the President, and the Congressional Budget Office (CBO) to report annually to the Congress, on projections of costs of complying with Federal mandates. (Sec. 322) Requires the President to make annual recommendations to the Congress to ensure that such costs do not exceed their corresponding baseline costs. Subtitle C: Risk Assessment and Cost/Benefit Analyses and Reports - Includes in CBO reports on the cost of legislation: (1) an estimate of private sector compliance costs in the effective fiscal year and the next four fiscal years; (2) an estimate of the risks to the public health and safety which would result from any significant bill or resolution; and (3) an estimate of the effects of any significant bill or resolution on the economy, including the rate of gross domestic product growth, job loss, and price stability.

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. 4578 (103rd)open

Stewart B. McKinney Homeless Assistance Amendments Act of 1994

United States · United States Congress · 14 June 1994

TABLE OF CONTENTS: Title I: General Provisions Title II: Interagency Council on the Homeless Title III: Federal Emergency Management Agency Food and Shelter Program Title IV: Housing Assistance Subtitle A: Reorganization of Certain McKinney Act Housing Provisions Subtitle B: Other Housing Assistance Programs for the Homeless Under McKinney Act Subtitle C: Miscellaneous Homeless Housing Provisions Title V: Health Care for the Homeless Subtitle A: Categorical Grants for Primary Health Services and Substance Abuse Services Subtitle B: Formula Grants to States for Assistance in Transition from Homelessness Subtitle C: Categorical Grants Regarding Mental Illness and Substance Abuse Title VI: Education, Training, and Community Services Programs Title VII: Homeless Programs Relating to Federal Welfare Assistance Stewart B. McKinney Homeless Assistance Amendments Act of 1994 - Title I: General Provisions - Requires budget compliance. Title II: Interagency Council on the Homeless - Amends the Stewart B. McKinney Homeless Assistance Act (Act) to authorize appropriations for and extend the Interagency Council on the Homeless. Title III: Federal Emergency Management Agency Food and Shelter Program - Amends the Act to authorize appropriations for the Federal Emergency Management Agency food and shelter program. Title IV: Housing Assistance - Subtitle A: Reorganization of Certain McKinney Act Housing Provisions - Amends title IV (Housing Assistance) of the Act to replace the current individual programs of emergency shelter grants, supportive housing program, safe havens for homeless individuals demonstration program, and the shelter plus care program with an inclusive flexible grant program. Sets forth program provisions. Subtitle B: Other Housing Assistance Programs for the Homeless Under McKinney Act - Amends the Act to increase budget authority for section 8 assistance for single room occupancy dwellings. (Sec. 412) Authorizes section 8 assistance for shelter plus care single room occupancy dwellings. (Sec. 413) Authorizes appropriations for the rural homelessness grant program. Transfers such program from the Department of Housing and Urban Development to the Department of Agriculture. Subtitle C: Miscellaneous Homeless Housing Provisions - Amends the HUD Demonstration Act of 1993 to authorize appropriations for and extend the innovative homeless program. Title V: Health Cae for the Homeless - Subtitle A: Categorical Grants for Primary Health Services and Substance Abuse Services - Amends the Public Health Service Act to authorize appropriations for primary health services and substance abuse services grants. (Sec. 502) Authorizes a grant program for prevention and treatment of substance abuse among the homeless. Authorizes appropriations. Subtitle B: Formula Grants to States for Assistance in Transition from Homelessness - Amends the Public Health Service Act to authorize appropriations for formula grants to States for assistance in transition from homelessness. Subtitle C: Categorical Grants Regarding Mental Illness and Substance Abuse - Amends the Public Health Service Act to authorize appropriations for grants to community-based providers of mental illness and substance abuse treatment for the homeless. Title VI: Education, Training, and Community Services Programs - Amends the Act to authorize appropriations for family support centers. Title VII: Homeless Programs Relating to Federal Welfare Assistance - Amends the Act to establish a national homeless advocate demonstration program. Authorizes appropriations. (Sec. 702) Amends the Social Security Act to qualify (for ten years) construction, rehabilitation, purchase, and rental of permanent housing for homeless AFDC families as emergency assistance under the aid to families with dependent children program (AFDC).

Law· SS. 2170 (103rd)enacted

Government Management Reform Act of 1994

United States · United States Congress · 9 June 1994

TABLE OF CONTENTS: Title I: Limitation on Pay and Reduction of Positions Title II: Human Resource Management Title III: Streamlining Management Control Title IV: Financial Management Government Management Reform Act of 1994 - Title I: Limitation on Pay and Reduction of Positions - Amends the Legislative Reorganization Act of 1946 and other Federal law to limit annual cost of living adjustments for Members of Congress, the Vice President, senior Government officials, and Federal judges. (Sec. 102) Places specified increasing limitations on the total number of full-time equivalent executive agency positions in FY 1994 through 1999. Makes the Office of Management and Budget (OMB) responsible for monitoring agency compliance with such limitations and providing appropriate notification in cases of noncompliance, in which case agency hiring shall be suspended. Provides for waivers from the requirements of this paragraph under certain conditions. Title II: Human Resource Management - Amends Federal civil service law to eliminate various restrictions on employee training. (Sec. 202) Eliminates unlimited accumulation of annual leave by members of the Senior Executive Service. Sets a limit on such leave of 90 days. Title III: Streamlining Management Control - Authorizes the Director of OMB to publish annually in the President's Budget his recommendations for the consolidation, elimination, or adjustment in frequency and due dates of statutorily required periodic reports to the Congress or its committees. Amends the Davis-Bacon Act to transfer from the Comptroller General to the Department of Labor the responsibility of: (1) determining contractor debarment for non-compliance; and (2) disbursing funds to workers. Title IV: Financial Management - Federal Financial Management Act of 1994 - Amends Federal law to require direct deposit of Federal wage, salary, and retirement payments by electronic funds transfer for recipients who begin receiving such payments on or after January 1, 1995. (Sec. 403) Authorizes the establishment of a franchise fund in four executive agencies for expenses and equipment necessary for the maintenance and operations of administrative services that may be performed more advantageously on a centralized basis. (Sec. 404) Authorizes the Director of the Office of Management and Budget (OMB) to consolidate or adjust the frequency and due dates of statutorily required periodic agency reports to OMB or the President and agency or OMB reports to the Congress under any laws for which OMB has general management or financial management responsibility. (Sec. 405) Requires the annual financial statements of executive agencies to be audited prior to submission to OMB. (Sec. 406) Authorizes appropriations from debt collection payments to be credited to a special fund for purposes of improving debt collection activities. (Sec. 407) Makes provisions governing contracts for collection services inapplicable to certain claims or debts under the Social Security Act or the Internal Revenue Code. (Sec. 409) Repeals the requirement that the Attorney General obtain a specified number of contracts with private individuals or firms when contracting for collection services in a judicial district. (Sec. 410) Amends the Federal Civil Penalties Inflation Adjustment Act of 1990 to require adjustment of civil monetary penalties for inflation every four years (currently, every five years).

Law· HRH.R. 4554 (103rd)enacted

Agricultural, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1995

United States · United States Congress · 9 June 1994

TABLE OF CONTENTS: Title I: Agricultural Programs Title II: Conservation Programs Title III: Farmers Home and Rural Development Programs Title IV: Domestic Food Programs Title V: Foreign Assistance and Related Programs Title VI: Related Agencies and Food and Drug Administration Title VII: General Provisions Agricultural, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1995 - Title I: Agricultural Programs - Appropriates funds for FY 1995 for the following programs and services: (1) Office of the Secretary of Agriculture; (2) Office of Budget and Program Analysis; (3) Chief Financial Officer; (4) Office of the Assistant Secretary for Administration; (5) Office of the Assistant Secretary for Congressional Relations; (6) Office of Communications; (7) Office of the Inspector General; (8) Office of the General Counsel; (9) Economic Research Service; (10) National Agricultural Statistics Service; (11) World Agricultural Outlook Board; (12) Office of the Assistant Secretary for Science and Education; (13) Alternative Agricultural Research and Commercialization Revolving Fund; (14) Agricultural Research Service; (15) Cooperative State Research Service; (16) Extension Service; (17) National Agricultural Library; (18) Office of the Assistant Secretary for Marketing and Inspection Services; (19) Animal and Plant Health Inspection Service; (20) Food Safety and Inspection Service; (21) Federal Grain Inspection Service; (22) Agricultural Marketing Service; (23) Packers and Stockyards Administration; (24) Office of the Under Secretary for International Affairs and Commodity Programs; (25) Agricultural Stabilization and Conservation Service; (26) Federal Crop Insurance Corporation; and (27) Commodity Credit Corporation Fund. Title II: Conservation Programs - Appropriates funds for: (1) Office of the Assistant Secretary for Natural Resources and Environment; (2) Soil Conservation Service; and (3) Agricultural Stabilization and Conservation Service. Title III: Farmers Home and Rural Development Programs - Appropriates funds for: (1) Office of the Under Secretary for Small Community and Rural Development; (2) Rural Development Administration and Farmers Home Administration; and (3) Rural Electrification Administration. Title IV: Domestic Food Programs - Appropriates funds for: (1) Office of the Assistant Secretary for Food and Consumer Services; and (2) Food and Nutrition Service, including the Food Stamp Program. Title V: Foreign Assistance and Related Programs - Appropriates funds for: (1) Foreign Agricultural Service; and (2) Public Law 480 Program Accounts. Title VI: Related Agencies and Food and Drug Administration - Appropriates funds for: (1) Food and Drug Administration; (2) Farm Credit System Financial Assistance Corporation; (3) Commodity Futures Trading Commission; and (4) Farm Credit Administration. Title VII: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.

Question· oralPQ 33asked

33 Mr. Currie asked the Minister for Education the incentives if any, she intends to provide to ensure the maximum take-up of in-service courses by teachers in view of the increase in the budget allocation for in-service education; and the provision, if any, she intends to make for the absence of teachers from school to attend such courses.

Ireland · Dáil Éireann · 31 May 1994

33 Mr. Currie asked the Minister for Education the incentives if any, she intends to provide to ensure the maximum take-up of in-service courses by teachers in view of the increase in the budget allocation for in-service education; and the provision, if any, she intends to make for the absence of teachers from school to attend such courses.

Question· oralPQ 15asked

33 Mr. Currie asked the Minister for Education the incentives if any, she intends to provide to ensure the maximum take-up of in-service courses by teachers in view of the increase in the budget allocation for in-service education; and the provision, if any, she intends to make for the absence of teachers from school to attend such courses.

Ireland · Dáil Éireann · 31 May 1994

33 Mr. Currie asked the Minister for Education the incentives if any, she intends to provide to ensure the maximum take-up of in-service courses by teachers in view of the increase in the budget allocation for in-service education; and the provision, if any, she intends to make for the absence of teachers from school to attend such courses.

Question· oralPQ 14asked

10 Mr. R. Bruton asked the Minister for Education the incentives if any, she intends to provide to ensure the maximum take-up of in-service courses by teachers in view of the increase in the budget allocation for in-service education; and the provision, if any, she intends to make for the absence of teachers from school to attend such courses.

Ireland · Dáil Éireann · 31 May 1994

10 Mr. R. Bruton asked the Minister for Education the incentives if any, she intends to provide to ensure the maximum take-up of in-service courses by teachers in view of the increase in the budget allocation for in-service education; and the provision, if any, she intends to make for the absence of teachers from school to attend such courses.

Bill· HRH.R. 4516 (103rd)referred

Long-Term Care Act of 1994

United States · United States Congress · 26 May 1994

TABLE OF CONTENTS: Title I: Establishment of Federal Standards for Long-Term Care Insurance Title II: Tax Treatment Subtitle A: Long-Term Care Insurance Subtitle B: Payments under Life Insurance Contracts to Terminally Ill Individuals Title III: Elimination of Medicaid Restriction on State Asset Protection Programs Title IV: State Programs for Home and Community-Based Services for Individuals with Disabilities Title V: Rebasing Medicare Payment Rates Subtitle A: Rehabilitation Hospitals Subtitle B: Long-Term Hospitals Long-Term Care Act of 1994 - Title I: Establishment of Federal Standards for Long-Term Care Insurance - Amends the Public Health Service Act to mandate the establishment of model Federal standards for long-term care insurance. Prohibits the offering of a long-term care insurance policy in a State unless the State has a regulatory program meeting the requirements of this Act or the policy has been certified by the Secretary of Health and Human Services. Authorizes grants to States for demonstration programs to improve enforcement of the standards. Authorizes appropriations. Imposes on agents selling long-term policies a duty of good faith and fair dealing. Prohibits twisting, high pressure tactics, and cold lead advertising. Mandates minimum financial standards, including income and asset criteria, for advising individuals considering the purchase of a long-term policy. Prohibits sales: (1) to an individual eligible for assistance under title XIX (Medicaid) of the Social Security Act; (2) of duplicate service policies; and (3) of policies that reduce, limit, or coordinate benefits on the basis of eligibility for other coverage or benefits. Provides for: (1) criminal and civil penalties; and (2) agent training and certification. Sets forth additional carrier responsibilities relating to refunding of premiums, mailing of policies, providing information on denials of claims, reporting of information, and limiting compensation to agents for the sale or renewal of policies. Prohibits cancellation or nonrenewal of a long-term care policy except for nonpayment of premium or material misrepresentation. Sets forth continuation and conversion rights for group policies, regulating premiums for converted policies. Requires guaranteed issuance to an individual if the individual meets the minimum medical requirements of the policy. Mandates standards regarding upgraded benefits. Limits cancellation for nonpayment by an incapacitated individual. Requires: (1) subject to exceptions, uniform language and definitions, uniform format, and at least one standard benefit package; and (2) disclosure of certain matters, including an outline of coverage. Mandates recommendations by the National Association of Insurance Commissioners (NAIC) regarding informing consumers on the long-term economic viability of long-term care insurance carriers. Limits certain conditions on benefits. Requires, if benefits are provided for home health care or community-based services, that certain minimum benefits be provided. Prohibits treating cognitive or mental impairments (including Alzheimer's disease and mental illness) differently from other medical conditions. Limits preexisting condition requirements. Requires: (1) each claimant to have a functional assessment by an individual or entity meeting NAIC qualifications and unconnected to the policy issuer; (2) inflation protection, unless rejected in writing by a policyholder; (3) disclosure of certain premium increases; and (4) nonforfeiture benefits. Prohibits a carrier from contesting a policy or claim based on fraud or misrepresentation unless notice is provided within a time period set by NAIC. Establishes the right of a purchaser to return a policy within a specified period. Defines "long-term care insurance policy." Excludes from such definition: (1) any basic Medicare supplemental policies; (2) other insurance offered primarily to provide specified types of coverage; and (3) certain life insurance policies. Authorizes grants for programs to provide information, counseling, and assistance regarding the procurement of long-term insurance. Authorizes appropriations. Title II: Tax Treatment - Subtitle A: Long-Term Care Insurance - Amends the Internal Revenue Code to provide for the treatment of qualified long-term care insurance or plans as accident and health insurance for purposes of: (1) insurance company taxation; (2) the exclusion of benefits; and (3) the deduction for employer premiums. (Sec. 203) Excludes from the penalty tax on early distributions from qualified retirement plans distributions for qualified long-term care insurance premiums. (Sec. 204) Includes amounts paid for qualified long-term care services as medical expenses for individual itemized deductions. Includes any parent or grandparent as a dependent for purposes of such expenses. (Sec. 205) Authorizes additional reserves in welfare benefit plans for post-retirement long-term care benefits. (Sec. 206) Permits long-term care insurance contracts to be offered in cafeteria plans. Subtitle B: Payments Under Life Insurance Contracts to Terminally Ill Individuals - Requires that payment under a life insurance contract on the life of an insured who is terminally ill be treated as a death benefit, making such payment eligible for tax exclusion from gross income. (Sec. 212) Provides that any reference to life insurance shall be treated as referring to a qualified terminal illness or dread disease rider. Provides for the tax treatment of such riders. Title III: Elimination of Medicaid Restriction on State Asset Protection Programs - Amends the title XIX (Medicaid) of the Security Act to eliminate restrictions on State asset protection programs with respect to long-term care insurance. Title IV: State Programs for Home and Community-based Services for Individuals With Disabilities - Provides allotments to States that have a plan for home and community-based services to individuals with disabilities. Specifies the total Federal budget for such plans. Title V: Rebasing Medicare Payment Rates - Subtitle A: Rehabilitation Hospitals - Amends title XVIII (Medicare) of the Social Security Act to revise payment rules for operating costs of rehabilitation hospitals. Subtitle B: Long-Term Hospitals - Revises payment rules with respect to certified long-stay hospitals servicing a significant proportion of low-income patients.

Bill· HRH.R. 4520 (103rd)referred

To amend chapter 11 of title 31, United States Code, to require that the President's budget submission separately reflect the budget aggregates relating to activities within the unified budget and aggregates relating to activities required by law to be excluded from the unified budget.

United States · United States Congress · 26 May 1994

Amends Federal law to require the President's budget submission to set forth all budget aggregates (including receipts, disbursements, and deficits) as follows: (1) one set of aggregates shall relate solely to activities of the Federal budget which are within the unified budget; and (2) one set of aggregates shall relate solely to activities of the Federal budget which are off-budget.

Resolution· HRESH.Res. 445 (103rd)referred

Providing for the consideration of the bill (H.R. 3266) to provide for automatic downward adjustments in the discretionary spending limits for fiscal year 1994 set forth in the Congressional Budget Act of 1974 equal to the amount of rescissions contained in the Act.

United States · United States Congress · 26 May 1994

Sets forth the rule for the consideration of H.R. 3266 (providing for automatic downward adjustments in the discretionary spending limits for FY 1994).

Bill· SS. 2153 (103rd)open

Advancement of Health Care Reform Act of 1994

United States · United States Congress · 25 May 1994

TABLE OF CONTENTS: Title I: Subtitle A: Short title; Table of Contents Subtitle B: Federally Qualified Health Insurance Plan Subtitle C: Certification of Federally Qualified Health Insurance Plans Title II: Paperwork Reduction and Administrative Simplification Title III: Health Care Liability Reform Subtitle A: General Provisions Subtitle B: Medical Malpractice and Product Liability Reform Subtitle C: Requirements for State Alternative Dispute Resolution Systems (ADR) Title IV: Antitrust Provisions Title V: Anti-Fraud and Abuse Control Program Subtitle A: All-Payer Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Administrative and Miscellaneous Provisions Subtitle D: Amendments to Criminal Law Title VI: Expanding Access in Rural Areas Title VII: Tax Provisions Title VIII: Revenue Provisions Advancement of Health Care Reform Act of 1994 - Amends COBRA provisions of the Internal Revenue Code with respect to continuation coverage requirements to permit the options of: (1) identical coverage; (2) coverage with an annual $1,000 deductible; and (3) coverage with an annual $3,000 deductible. Permits penalty-free withdrawals from qualified retirement plans for such coverage. Subtitle B: Federally Qualified Health Insurance Plan - Establishes standards for the certification of a health insurance plan as a federally qualified health insurance plan. Requires a federally qualified plan to, among other requirements: (1) cover medically necessary acute care, including, physician services, inpatient, outpatient, and emergency hospital services and appropriate alternatives to hospitalization, and inpatient and outpatient prescription drugs; (2) have specified limits on deductibles and coinsurance payments; (3) vary premium rates only in the basis of age, sex, and geography, except that discounts may be offered to individuals who participate in specified programs which promote healthy behavior, prevent the onset of illness, or provide for the early detection of illness; (4) provide guaranteed issue at standard rates to all applicants and not exclude from coverage, on the basis of a preexisting medical condition, an individual who has been continuously insured for the preceeding year or, in the care of a break in coverage, not exclude an indivdual from coverage for more than one year; and (5) not exclude a policyholder from coverage, except for nonpayment of premiums or fraud or misrepresentation by the policyholder. Subtitle C: Certification of Federally Qualified Health Insurance Plans - Requires each State to establish a regulatory program with specified requirements, including: (1) procedures certifying that the requirements of subtitle B have been met by a health insurance plan applying as a federally qualified health insurance plan; (2) meeting solvency standards; (3) reporting requirements under which carriers report to the Internal Revenue Service regarding the acquisition and termination by individuals of coverage under federally qualified health insurance plans; and (4) requirements for the passback of claims and premiums with respect to an individual who has been continuously treated for a treatment and who moves to a new plan; and requirements concerning market practices, risk adjustment or reinsurance, and nonbinding standards for premiums rating practices and guaranteed renewability of coverage. Title II: Paperwork Reduction and Administrative Simplification - Preempts State quill pen laws. (Sec. 202) Provides for the confidentiality of electronic health care information. (Sec. 203) Directs the Secretary to establish national goals for the health care industry concerning the: (1) standardization for the electronic receipt and transmission of health plan information; (2) use of uniform health claims forms and identification numbers; (3) priority of insurers when benefits are payable under two or more health plans; and (4) availability of information among health plans when benefits are payable under two more plans. Requires the Secretary to promulgate requirements if the industry does not meet the goals. Provides for monetary penalties on any health plan that does not meets the Secretary's requirements. Title III: Health Care Liability Reform - Subtitle A: General Provisions - Makes the provisions of this title applicable to any medical malpractice liability claim or action in any Federal or State court, except for a vaccine-related claim or action or to the extent that title XXI of the Public Health Service Act applies. Subtitle B: Medical Malpractice and Product Liability Reform - Requires the initial resolution of a medical malpractice liability action through the alternative dispute resolution process. Limits the total amount of damages that may be awarded for noneconomic losses resulting from a medical malpractice or health care product liability claim to $250,000, unless there is a finding of special circumstances. Prohibits punitive or exemplary damages, unless malicious, wanton, willful, or excessively reckless behavior was involved. Prohibits punitive or exemplary damages against the manufacturer of a medical product. Directs that any punitive or exemplary damages awarded must be paid to the State for use in carrying out quality assurance activities. Provides for the periodic payment of damages exceeding $100,000. Sets forth provisions: (1) limiting attorney's fees; (2) permitting a defendant to be held severally but not jointly liable; (3) setting the statute of limitations; (4) requiring each State to develop a set of specialty clinical practice guidelines which; if used to establish a rebuttable presumption, may only be overcome by the presentation of clear and convincing evidence; (5) which permit a finding of negligence only if the defendants conduct was not reasonable; and (6) making special provision for certain obstetric services. Subtitle C: Requirements for State Alternative Dispute Resolution Systems (ADR) - Establishes the basic requirements for a State's ADR and provides for the certification of such systems. Sets forth reporting requirements concerning the evaluation of such systems. Title IV: Antitrust Provisions - Exempts from the antitrust laws specified "safe harbor" activities related to the provision of health care services. Sets forth provision regarding the award of attorney fees and costs of suit to the prevailing party in an action based on a claim involving activity found to be exempt. (Sec. 402) Lists as safe harbors specified: (1) activities relating to health care services of combinations of health care providers with market share below a specified threshold; (2) activities of medical self-regulatory entities relating to standard setting or enforcement activities not conducted for purposes of financial gain; (3) participation of a health care provider in a written survey of the prices of services, reimbursement levels, or the compensation and benefits of employees and personnel; (4) activities relating to health care joint ventures for high technology and costly equipment and services; (5) activities relating to hospital mergers; (6) joint purchasing arrangements; and (7) negotiations. (Sec. 403) Directs the Attorney General to publish a notice in the Federal Register soliciting proposals for additional safe harbors and to review and report to the Congress on proposed safe harbors. Sets forth criteria in establishing safe harbors, including: (1) the extent to which a competitive or collaborative activity will accomplish an increase in health care access and quality, the establishment of cost efficiencies, and increased ability of health care facilities to provide services in medically underserved areas or to underserved populations; and (2) whether designation as a safe harbor will result in specified desirable outcomes. (Sec. 404) Directs the Attorney General to issue certificates of review for providers of health care services and to assist persons in applying for such certificates. Sets forth provisions regarding, applications for, revocation of, and review of determinations regarding such certificates. Limits the disclosure of information. (Sec. 405) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 406) Directs the Attorney General to: (1) periodically review the safe harbors and certificates of review; and (2) promulgate such rules, regulations, and guidelines as necessary to carry out provisions of this title. (Sec. 408) Establishes within the Department of Health and Human Services an Office of Health Care Competition Policy. Title V: Anti-Fraud And Abuse Control Program - Subtitle A: All-Payer Fraud and Abuse Control Program - Requires the Secretary to establish in the Office of the Inspector General of the Department of Health and Human Services a program to control fraud and abuse under the universal health care plan. Establishes the Anti-Fraud and Abuse Trust Fund. (Sec. 502) Amends title XI of the Social Security Act (SSA) to provide for the application of the penalties for Medicare and Medicaid fraud to all health care programs. (Sec. 503) Requires the Secretary to establish a program through which Medicare-eligible individuals may report instances of suspected fraud under Medicare. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Revises current SSA title XI sanctions for fraud and abuse involving Medicare and State health care programs, providing for: (1) program exclusion for individuals convicted of a felony relating to fraud or the unlawful manufacture or dispensing of a controlled substance; (2) new offenses under civil monetary penalty provisions, such as the offering of inducements to program-eligible individuals; (3) establishment of a minimum period of exclusion for practitioners and persons who fail to meet statutory obligations; (4) intermediate sanctions on eligible health maintenance organizations for program violations; and (5) procedures for imposing such sanctions. Subtitle C: Administrative and Miscellaneous Provisions - Directs the Secretary to establish a national health care fraud and abuse data collection program for the reporting by each government agency and health care plan of final adverse actions against health care providers, suppliers, and practitioners. Requires program information to be made available to the public for a reasonable fee. (Sec. 522) Amends SSA title XI to require the Secretary to publish in the Federal Register a listing of all final adverse actions taken during the quarter. Subtitle D: Amendments to Criminal Law - Amends the Federal criminal code to set penalties for knowingly executing a scheme or artifice to: (1) defraud any health care plan in connection with the delivery of, or payment for, health care benefits, items, or services (benefits); or (2) obtain, by means of false or fraudulent pretenses, representations, or promises, money or property owned by, or under the custody or control of, any health care plan or person in connection with the delivery of, or payment for, health care benefits. (Sec. 532) Directs the court, upon a finding that a Federal health care offense is of a type that poses a serious threat to the health of any individual, or has a significant detrimental impact on the health care system, to order a person convicted of that offense to forfeit property that was used in the commission of the offense or that constitutes or was derived from proceeds traceable to the offense that is of a value proportionate to the seriousness of the offense. (Sec. 533) Authorizes the Attorney General to commence a civil action in Federal court to enjoin a violation constituting a Federal health care offense. (Sec. 534) Makes commission of a Federal health care offense a predicate to a violation of the Racketeer Influenced and Corrupt Organizations (RICO) statute. Subtitle E: Amendments to Civil False Claims Act - Makes provisions of the Civil False Claims Act applicable to the use of false records or statements made to a health care plan. Includes within the definition of "claim" for purposes of such Act any request or demand for money or property which is made or presented to a health care plan. Title VI: Expanding Access In Rural Areas - Rural Health Innovation Demonstration Act of 1993 - Amends the Public Health Service Act to authorize competitive grants: (1) to develop networks among rural and urban health care providers to preserve and share health care resources and enhance the quality and availability of health care in rural areas; (2) to develop and administer cooperatives in rural areas that will establish an effective case management and reimbursement system designed to support the economic viability of essential public or private health services, facilities, health care systems, and health care resources; and (3) to develop and implement a plan for mental health outreach programs in rural areas. (Sec. 605) Authorizes grants to enable rural communities to provide stipends to encourage health professional trainees to practice in such areas. Reauthorizes area health education center programs. Title VII: Tax Provisions - Amends the Internal Revenue Code to prohibit a business expense deduction for an employer's expenses for a group health plan or contributions to an employee's medical savings account, unless the plan is a federally qualified health plan. Extends permanently and increases to 100 percent the health insurance tax deduction for self-employed individuals. Title VIII: Revenue Provisions - Amends the Congressional Budget Act of 1974, with respect to FY 1995 through 1998, to provide for a discretionary spending limit reduction of four-tenths of one percent in the discretionary category of the amounts set forth in H. Con. Res. 64.

Bill· HRH.R. 4487 (103rd)referred

To require the Director of the Office of Management and Budget to develop and implement a system for determining and reporting the number of individuals employed by non-Federal Government entities providing services under contracts awarded by executive branch agencies.

United States · United States Congress · 25 May 1994

Requires the Director of the Office of Management and Budget to develop and implement a system for determining the number of individuals employed by non-Federal Government entities providing services under service contracts awarded by Federal executive branch agencies. Requires annual reports to the Congress on such numbers.

Bill· HRH.R. 4469 (103rd)open

Multicare Act of 1994

United States · United States Congress · 20 May 1994

TABLE OF CONTENTS: Title I: Establishment of State Multicare Programs; Tax Changes Subtitle A: Establishment of State Multicare Programs Subtitle B: Federal Contribution Toward Multicare Plan Premiums; Tax Law Changes Title II: Requirements for Multicare Plans Subtitle A: General Requirements Subtitle B: Multiple Employer Health Benefits Protections Subtitle C: Repeal of COBRA Continuation Requirements Title III: States Without State Multicare Programs; Federal Health Care Programs; National Reinsurance Pool Subtitle A: Multicare Plans in States Without State Multicare Programs Subtitle B: Federal Health Care Programs Subtitle C: National Reinsurance Mechanism Title IV: Medical Malpractice Liability Reform Subtitle A: Medical Malpractice Liability Reform Subtitle B: Other Requirements and Programs Title V: Administrative Cost Savings Subtitle A: Standardization of Claims Processing Subtitle B: Electronic Medical Data Standards Title VI: Removing Restrictions on Managed Care Title VII: Modification of the Operation of the Antitrust Laws to Hospitals Multiple Choice Health Care Act of 1994 - Multicare Act of 1994 - Title I: Establishment of State Multicare Programs; Tax Changes - Subtitle A: Establishment of State Multicare Programs - Directs the Secretary of Health and Human Services (HHS) to provide grants to each State to establish a State multicare program for the offering of competing multicare plans in the State. (Sec. 101) Requires supplemental increases in grant amounts to States in proportion to a reduction in Federal payments for Medicaid acute care services and programs under title IV (Aid and Services to Needy Families with Children and for Child-Welfare Services) and title XVI (Supplemental Security Income for the Aged, Blind, and Disabled) of the Social Security Act, the Food Stamp Act, and other Federal welfare law. Restricts use of such supplemental increases to: (1) financing the State reinsurance mechanism; or (2) providing additional subsidies for poor and near poor individuals. (Sec. 102) Requires each State multicare program to provide a mechanism for certifying, according to specified criteria, at least two competing open enrollment multicare plans in all areas of the State. (Sec. 103) Requires each State multicare program to provide a mechanism for open season enrollment of State residents (with certain exceptions) in multicare plans. Authorizes a State to require: (1) each eligible individual in the State to be enrolled in such a plan; and (2) such a plan to be a multicare plan operated directly by the program. Prohibits a State from denying approval of a plan as a multicare plan because it does not have open enrollment and limits enrollment to individuals associated with an employer or association. Requires each State multicare program to provide for distribution to eligible individuals of comparative value information. (Sec. 104) Requires: (1) the HHS Secretary to develop a national list of services a multicare plan may cover, and publish treatment practice guidelines; and (2) each State multicare program to establish a State-specific list of covered health care services, which may or may not include services on the national list. Authorizes a State multicare program to decrease, for catastrophic protection, the amount of the cost-sharing limit otherwise permitted for multicare plans. (Sec. 105) Requires each State multicare program to establish procedures to ensure continuity of coverage for eligible individuals residing in each State. (Sec. 106) Requires each State multicare program to: (1) provide for a contribution, determined according to specified formulae, toward the premium cost of the enrollment of each eligible non-exempt individual enrolled in a multicare plan; and (2) include a mechanism for providing additional financial assistance to poor and near poor individuals to help them purchase multicare coverage. (Sec. 108) Requires each State multicare program to include a reinsurance mechanism, governed by a commission appointed by the State chief executive and meeting specified criteria, for high risk individuals enrolled or enrolling in plans offered in the State. Specifies options for such a mechanism, including additional payments from the common fund to plans for individuals whose costs exceed a particular threshold. (Sec. 109) Requires each State multicare program to establish procedures for consumer education and assistance, especially for individuals eligible for State health care subsidies. (Sec. 110) Requires each State multicare program to assure plan compliance with consumer rights under title II of this Act. (Sec. 111) Requires each State multicare program to provide for assurances that any State income tax laws treat employer payments for health care premiums and employee or dependent expenses as wage payments. (Sec. 112) Requires each State multicare program to provide for distribution on State and local levels of information on the average prices of common health care services. Subtitle B: Federal Contribution Toward Multicare Plan Premiums; Tax Law Changes - Sets forth formulae for determination of an annual Federal contribution toward multicare plan premiums. (Sec. 122) Amends the Internal Revenue Code to terminate: (1) the exclusion from gross income of employer-provided health care coverage; and (2) the deductions for medical care and for the health insurance costs of the self-employed. Title II: Requirements for Multicare Plans - Subtitle A: General Requirements - Sets forth general multicare plan requirements for enrollment and continuity of coverage, covered services, premiums and cost-sharing, catastrophic protection, participation in a reinsurance system, data collection, medical malpractice reform and administrative cost savings, and specified consumer rights. Subtitle B: Multiple Employer Health Benefits Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide a limited exemption under preemption rules for multiple employer plans providing health benefits subject to certain Federal standards. Relieves such exempted multiple employer plans providing medical care benefits of certain restrictions on preemption of State law. Treats such plans as employee welfare benefits plans. Sets forth exemption procedures, eligibility requirements (including rules for franchise networks), and additional requirements applicable to such exempted plan arrangements (including notice, reporting, filing, and actuarial requirements). Requires certain disclosures by such arrangements to participating employers. Requires such arrangements to maintain certain reserves. Sets forth procedures for corrective actions, expiration, suspension, or revocation of exemption, and review of actions by the Secretary of Labor. (Sec. 212) Revises ERISA provisions relating to scope of preemption rules, treatment of single employer arrangements, and treatment of certain collectively bargained arrangements. (Sec. 215) Treats employee leasing health care arrangements as multiple employer welfare arrangements, except for those employee leasing arrangements which are multiple employer health plans. Sets forth special rules for employee leasing health care arrangements which are multiple employer welfare arrangements. (Sec. 218) Provides for Federal-State cooperation in responsibility for multiple employer welfare arrangements. Allows delegation of enforcement authority to States, authorizing the Secretary to maintain concurrent authority. Directs the Secretary to provide certain enforcement assistance and ensure that only one State will be recognized as the primary domicile State which authority has been delegated pursuant to an agreement with respect to any particular multiple employer welfare arrangement. Subtitle C: Repeal of COBRA Continuation Requirements -Amends ERISA, the Internal Revenue Code, and the Public Health Service Act (with respect to certain State and local employees) to repeal COBRA (Consolidated Omnibus Budget Reconciliation Act) continuation coverage requirements for employee-related group health plans. Makes such repeals applicable to health plans offered in a State by an employer as of the first date that a State multicare program is in effect in that State. Title III: States Without State Multicare Programs; Federal Health Care Programs; National Reinsurance Pool - Subtitle A: Multicare Plans in States Without State Multicare Programs - Authorizes the HHS Secretary, in the case of a State without an approved State multicare program, to provide for: (1) operation through the Department of HHS of such a program in the State; and (2) the approval and offering of multistate plans in the State. Subtitle B: Federal Health Care Programs - Authorizes the HHS Secretary to negotiate an agreement (containing specified terms) with a State multicare program to provide Medicare-eligible persons with access to multicare plans. (Sec. 322) Entitles Federal employees eligible for the Federal Employees Health Benefit Program (FEHBP), instead of enrolling in the FEHBP, to elect to have the Federal Government contribution toward the FEHBP applied toward enrollment under a multicare plan. Allows the HHS Secretary to approve as a multicare plan a FEHBP plan which participates in a multicare reinsurance mechanism and meets the other requirements for an approved multicare plan. (Sec. 323) Requires the HHS Secretary to report to the Congress his or her recommendations on how (and the extent to which) the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), the health care programs of the Department of Veterans Affairs, and the Indian Health Service may be integrated with the multicare program established under this Act. (Sec. 324) Specifies consumer rights for individuals in Federal health care programs. Subtitle C: National Reinsurance Mechanism - Directs the HHS Secretary to establish a national reinsurance mechanism, governed by a commission appointed by the Secretary, for use by self-insured closed multicare plans operating in three or more States that have not elected to participate in State reinsurance mechanisms. Allows such plans a one-time election between the national reinsurance mechanism and a State mechanism. Title IV: Medical Malpractice Liability Reform - Subtitle A: Medical Malpractice Liability Reform - Applies this title to any medical malpractice liability claim or action brought in any State or Federal court, except a claim or action: (1) arising from a vaccine- related injury or death already covered by the Public Health Service Act; or (2) in which the plaintiff's sole allegation is of an injury arising from the use of a medical product. Preempts State law to the extent it differs from this subtitle. Declares that nothing in this subtitle shall be construed as establishing any Federal question jurisdiction over medical malpractice liability actions. (Sec. 411) Sets a statue of limitations for medical malpractice liability claims of two years after an alleged injury should reasonably have been discovered, but in no event more than four years after the alleged injury occurred (or in the case of a minor, no later than the tenth birthday). (Sec. 412) Declares that no medical malpractice liability action may be brought in any State court unless the underlying claim has been initially resolved under an alternative dispute resolution (ADR) system certified by the HHS Secretary. Limits the scope of judicial review of such an ADR decision. Mandates application of Federal ADR in malpractice claims against the United States. Requires Federal agencies to report regularly to the Administrator for Health Care Policy and Research (Administrator) on issues in controversy consisting of medical malpractice claims resolved under agency ADR proceedings. Requires pre-trial settlement conferences on any medical malpractice liability actions which reach court. (Sec. 415) Limits to $250,000 the total amount of noneconomic damages awardable to a plaintiff and family for losses resulting from the injury which is the subject of a medical malpractice liability action. Limits punitive damages to twice the total compensatory damages. Requires periodic payments of any award of more than $100,000 in damages for expenses in the future, unless the court determines that periodic payments are not in the plaintiff's best interests. Sets forth specified mandatory offsets to damages for any payments made under Federal, State, or private programs. Limits attorney's contingency fees, but allows award of such fees and other specified costs to the prevailing party. (Sec. 417) Declares that: (1) the liability of each defendant in such an action shall be several only and not joint, and limited to the defendant's percentage of responsibility; and (2) a defendant may not be found to have acted negligently unless his or her conduct was not reasonable. Makes it an affirmative defense to any allegation of negligence that the defendant followed the appropriate practice guideline sanctioned by the HHS Secretary. (Sec. 420) Declares that, in the case of a medical malpractice liability action relating to obstetric services, if the defendant health care professional did not previously treat the plaintiff for the pregnancy, the trier of fact may not find that the defendant committed malpractice and may not assess damages against him or her unless the malpractice is proven by clear and convincing evidence. States that a health care professional shall be considered to have previously treated an individual for a pregnancy if the professional: (1) is a member of a group practice whose members previously treated the individual for the pregnancy; or (2) is providing services during labor or the delivery of the baby pursuant to an agreement with another professional. (Sec. 421) Specifies the extent to which this subtitle preempts State law. (Sec. 431) Sets forth basic requirements for a State's ADR system. Requires the HHS Secretary to certify a State system if it meets such requirements. (Sec. 433) Requires the HHS Secretary to report to Congress on the State ADR systems operated according to this subtitle. Subtitle B: Other Requirements and Programs - Amends title XI (General Provisions and Peer Review) of the Social Security Act to authorize appropriations for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Directs the HHS Secretary to: (1) develop a standard reporting form for State ADR systems to use in transmitting information to the Administrator; and (2) study and report to Congress on the effect of the use of medical practice guidelines on the incidence of and the costs associated with medical malpractice. (Sec. 442) Declares that a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner may enter into agreements (meeting specified requirements) to permit State or county professional societies of such type of practitioner: (1) to participate in practitioner licensing; and (2) to review any health care malpractice claim or allegation, or other information concerning the practice patterns of any such practitioner. Title V: Administrative Cost Savings - Subtitle A: Standardization of Claims Processing - Directs the HHS Secretary to adopt (taking into account the recommendations of specified task forces) standards relating to: (1) data elements for use in paper and electronic claims processing; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. Sets forth requirements for application of such standards, and their periodic review and revision. Subtitle B: Electronic Medical Data Standards - Directs the HHS Secretary to promulgate electronic medical data standards meeting specified criteria for hospitals and other providers. Sets a deadline for each hospital with a Medicare participation agreement to meet such standards. (Sec. 513) Authorizes the heads of appropriate Federal agencies, as of January 1, 2000, to require health care providers to present and transmit data elements electronically according to such standards. (Sec. 515) Directs the HHS Secretary to establish an advisory commission to monitor and advise about the standards established under this subtitle and operational concerns about their implementation. Authorizes appropriations. Title VI: Removing Restrictions on Managed Care - Preempts provisions of State law restricting: (1) reimbursement rates or selective contracting; (2) differential financial incentives; and (3) utilization review methods. (Sec. 601) Directs the Comptroller General to study and report to Congress on the benefits and cost effectiveness of the use of managed care in the delivery of health services. Title VII: Modification of the Operation of the Antitrust Laws to Hospitals - Declares that it shall not be unlawful under the antitrust laws for two or more hospitals to engage in conduct solely for the purpose of negotiating a proposed agreement to share expensive medical services or high technology equipment. (Sec. 702) Requires the HHS Secretary to issue waivers to exempt from the operation of the antitrust laws conduct engaged in by hospitals to carry out any such agreements which meet specified criteria.

Law· HRH.R. 4454 (103rd)enacted

Legislative Branch Appropriations Act, 1995

United States · United States Congress · 19 May 1994

TABLE OF CONTENTS: Title I: Congressional Operations Title II: Other Agencies Title III: General Provisions Legislative Branch Appropriations Act, 1995 - Title I: Congressional Operations- Congressional Operations Appropriations Act, 1995 - Provides for a payment to the widow of Representative William H. Natcher of the Commonwealth of Kentucky. Appropriates funds for FY 1995 for the operation of the House of Representatives and for joint items between the House and the Senate. Makes FY 1994 appropriations for: (1) the Office of Technology Assessment; (2) the Congressional Budget Office; (3) the Architect of the Capitol; (4) the Congressional Research Service of the Library of Congress; and (5) congressional printing and binding of the Government Printing Office. Title II: Other Agencies - Appropriates FY 1995 funds for the salaries and expenses of the Botanic Garden, the Library of Congress (with administrative limitations), the Copyright Office, the Government Printing Office, and the General Accounting Office. Appropriates funds to the Architect of the Capitol for maintenance of Library of Congress buildings and grounds. Title III: General Provisions - Amends the Legislative Branch Appropriations Act, 1994 to remove the requirement that ten percent of employee positions reduced in FY 1994 be at grade level GS-14 and above.

Bill· HRH.R. 4457 (103rd)referred

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to provide special look-back treatment for emergency appropriations, and for other purposes.

United States · United States Congress · 19 May 1994

Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to repeal the rule for emergency appropriations. Requires, when emergency appropriations are enacted for a fiscal year in progress, a reduction in discretionary spending limits in the following fiscal year.

Bill· HRH.R. 4438 (103rd)referred

To provide for funding for Federal employee pay adjustments and comparability payments through reductions in agency spending on service contracts for fiscal year 1995.

United States · United States Congress · 17 May 1994

Reduces by a specified amount total FY 1995 appropriations to all Federal departments, agencies, and instrumentalities for entering into service contracts with private entities. Increases by the same amount the total FY 1995 appropriations for Federal employee pay schedule adjustments and locality-based comparability payments. Directs the Director of the Office of Management and Budget to allocate such reductions and increases among the appropriate accounts. Requires Federal agency certification of compliance with this Act.

Bill· HRH.R. 4434 (103rd)referred

Common Cents Budget Reform Act of 1994

United States · United States Congress · 17 May 1994

TABLE OF CONTENTS: Title I: Elimination of Baseline Budgeting Title II: Changes in Discretionary Spending Limits Title III: Expedited Rescissions and Targeted Tax Benefits Title IV: Treatment of Emergency Spending Common Cents Budget Reform Act of 1994 - Title I: Elimination of Baseline Budgeting - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) with respect to the baseline to remove requirements for inflation adjustments, except for purposes of adjusting discretionary spending limits. Removes the requirement that adjustments made for expiring housing contracts be sequential and cumulative. Requires the President's budget to include: (1) estimated expenditures and appropriations for the current year; (2) new budget authority in budget outlay comparisons; and (3) a certain comparison of levels of estimated expenditures and proposed appropriations that includes the proposed increase or decrease in spending in percentage terms. Amends the Congressional Budget Act of 1974 to make conforming changes to the development of the concurrent resolution on the budget. Requires the Congressional Budget Office to include in reports to budget committees certain current year comparisons and a table on sources of spending growth under current law in total mandatory spending for the budget year and the ensuing four fiscal years. Requires the Director of the Congressional Budget Office to report annually to the Congress on all programs and activities with permanent or indefinite spending authority or those programs for which budget authority is not provided for in advance by appropriation Acts. Title II: Changes in Discretionary Spending Limits - Reduces discretionary spending limits for new budget authority for any fiscal year by the amount in the Deficit Reduction Account. Requires each appropriation or rescission bill to contain a Deficit Reduction Account containing amounts resulting from reduced spending. Title III: Expedited Rescissions and Targeted Tax Benefits - Amends the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of proposed rescissions of budget authority or repeals of targeted tax benefits. Title IV: Treatment of Emergency Spending - Limits emergency appropriations and legislation to the matter of emergency. Allows such a statute to contain other offsetting provisions that reduce spending or non-emergency appropriations for the designated emergency. Makes it out of order in the House of Representatives or the Senate to consider any bill or joint resolution containing an emergency designation, if the legislation provides an appropriation for any other item or matter.

Bill· HRH.R. 4440 (103rd)referred

District of Columbia Performance Accountability Act

United States · United States Congress · 17 May 1994

District of Columbia Performance Accountability Act - Requires the District of Columbia to develop and submit to specified congressional committees and subcommittees a Performance Accountability Plan and a Performance Accountability Report covering all departments, agencies, and programs of the District government. Sets forth provisions regarding: (1) the content of the Plan; (2) performance measures; (3) goals; and (4) the content of the Report. Requires a District management employee who is designated in such Report as being directly responsible for the achievement of one or more performance measurement goals: (1) the majority of whose goals in such Report does not achieve a designation of at least an acceptable level of performance to be either removed from employment by the District or demoted to a nonmanagerial position; (2) all of whose goals in such Report do not achieve a designation of at least an acceptable level of performance to not receive any increase in pay for the subsequent year, including but not limited to merit increases, cost-of-living adjustments, and promotions; and (3) the majority of whose goals in such Report do not achieve a designation of at least a superior level of performance to not receive a promotion or performance bonus during the subsequent year. Allows additional limitations and regulations to be applied to such promotions, performance bonuses, and increases in pay. Requires the District, subject to the approval of the Office of Management and Budget, to amend its management and personnel laws and regulations to be in conformance with this Act. Directs the General Accounting Office to audit the Performance Accountability Reports of the District, including the District's compliance with the personal accountability provisions in this Act.

Bill· HRH.R. 4433 (103rd)referred

Reinventing Government Act of 1994

United States · United States Congress · 17 May 1994

Reinventing Government Act of 1994 - Establishes an independent Reinventing Government Commission to: (1) hold public hearings on recommendations by the Director of the Office of Management and Budget (OMB) with regard to disposals of surplus Government property, closure and consolidation of Federal offices, procurement of Government functions from the private sector, and termination of Federal statutes and regulations; and (2) formulate its own recommendations for the President and the congressional budget committees after analyzing the OMB Director's recommendations. Authorizes appropriations. Directs the Comptroller General to: (1) assist the Commission in such review upon request; and (2) transmit an analysis of the Director's recommendations to the Commission and the congressional budget committees after the Commission has submitted its recommendations to the President and those committees. Sets forth procedures for: (1) formulation of the Director's recommendations; (2) consideration of Commission recommendations by the President and the Congress; and (3) implementation of final Commission recommendations. Establishes in the Treasury the Reinventing Government Account 1994 for use in closing and consolidating Federal offices and disposing of surplus Government property. Requires the Director to: (1) transmit reports on closure and consolidation operations to the congressional budget committees as part of the annual budget process; and (2) make annual downward adjustments in the discretionary spending limits of the Congressional Budget Act of 1974 by the aggregate amount of reductions in discretionary spending for the fiscal year involved. Provides that: (1) none of the changes in direct spending resulting from this Act shall be reflected in OMB estimates under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act); and (2) all receipts resulting from this Act shall be used solely to reduce the public debt.

Bill· HRH.R. 4425 (103rd)referred

To authorize major medical facility construction projects for the Department of Veterans Affairs for fiscal year 1995, to revise and improve veterans' health programs, and for other purposes.

United States · United States Congress · 16 May 1994

TABLE OF CONTENTS: Title I: Construction Authorization Title II: Health Care Planning and Programs Title III: Medical Facilities Acquisition Title IV: State Home Program Title V: Miscellaneous Title I: Construction Authorization - Authorizes the Secretary of Veterans Affairs to carry out the major medical facility (MMF) projects and leases for the Department of Veterans Affairs for which funds are requested in the President's budget for FY 1995, with the exception of the construction of research additions at Huntington, West Virginia, and Portland, Oregon. Authorizes the Secretary to carry out additional MMF projects, in specified amounts, and additional MMF projects for which funds were appropriated in the Emergency Supplemental Appropriations Act of 1994. Authorizes FY 1995 appropriations for such purposes. Title II: Health Care Planning and Programs - Directs the Secretary to: (1) prescribe a specific, detailed statement of the mission of, and the clinical programs to be operated at, each Department health care facility; (2) review current Department health care missions; and (3) report on mission implementation timetables. (Sec. 202) Extends through FY 1997 (currently FY 1994) the pilot program for determining noninstitutional alternatives to nursing home care. Extends eligibility for such pilot program to all veterans eligible for nursing home care. (Currently, there are further requirements of being treated for, or having a certain degree of, a service-connected disability.) Extends certain report deadlines under the Department of Veterans Affairs Nurse Pay Act of 1990. Title III: Medical Facilities Acquisition - Specifies additional information to be included within a prospectus of a proposed medical facility to be acquired by the Department for use in providing veterans' medical care. (Sec. 302) Directs the Secretary to review the Department methodology for establishing the priority for major construction projects under consideration. Requires such methodology to be revised to give additional weight to projects intended to expand long-term care and ambulatory care programs. Requires a report. (Sec. 303) Directs the Secretary to submit semiannually to the veterans' committees a report showing the current Department priorities for major medical construction projects, with the highest 20 projects specifically identified. (Sec. 304) Includes within the definition of a major medical facility project a project for providing additional ambulatory care involving a total expenditure of more than $5 million. Title IV: State Home Program - Directs the Secretary to pay to each State a per diem amount for each veteran receiving adult day health care in a State home if the veteran is eligible to receive such care in a Department facility. Provides the rate for such care and increases the per diem rate for domiciliary, nursing home, and hospital care (currently authorized). (Sec. 402) Includes the construction of adult day health care facilities in the provision by the Department of financial assistance to States for the construction of medical facilities for veterans. Title V: Miscellaneous - Designates specified veterans' research advisory committees that the Secretary may not terminate unless determined to be no longer needed, with a 120-day prior notification of such a finding to the veterans' committees by way of a report. (Sec. 502) Authorizes the Secretary to provide for the operation of child care centers at Department facilities. Provides a priority for such services to employees of the Department, followed by employees of other Federal departments and agencies. Allows the Secretary to provide child care services to members of the public when necessary to assure the center's financial success. Directs the Secretary to establish reasonable charges for such services with the proceeds to be used by such centers for staffing and other expenses. Outlines related authority of the Secretary with respect to establishing and operating such centers. (Sec. 503) Authorizes the Secretary to: (1) enter into contracts for the provision of utilities to the Audie L. Murphy Memorial Hospital in San Antonio, Texas; (2) during the period from February 28 through June 1, 1994, contract with facilities in the Republic of the Philippines other than the Veterans Memorial Medical Center to furnish hospital care and medical services to veterans for nonservice-connected disabilities if such veterans are unable to defray the cost of such care; and (3) undertake an administrative reorganization of the Department medical center in Sepulveda, California, without regard to a required waiting period.

Bill· HRH.R. 4407 (103rd)referred

CAREERS Act

United States · United States Congress · 12 May 1994

TABLE OF CONTENTS: Title I: Federal Responsibilities Subtitle A: Federal Workforce Preparation and Development Council Subtitle B: National Commission for Employment Policy Subtitle C: Federal Waiver Authority for Provisions of Workforce Preparation and Development Programs Subtitle D: Implementation Grants and Technical Assistance Title II: State Responsibilities Subtitle A: State Human Resource Investment Council Subtitle B: Unified Single State Plan Subtitle C: Unified Service Areas Subtitle D: Local Workforce Development Boards Subtitle E: Community Job Resource Centers Title III: Consolidation of Federal Workforce Preparation and Development Programs Subtitle A: Adult Education and Literacy State Block Grant Programs Subtitle B: Vocational and Technical Education State Block Grant Program Subtitle C: State Vocational Rehabilitation Block Grant Program Subtitle D: Adult Employment and Training System Subtitle E: Youth Employment and Training Block Grant Program Subtitle F: Native Americans' Employment, Training, and Education Block Grant Program Subtitle G: Migrant and Seasonal Farmworkers Employment, Training, and Education Block Grant Program Title IV: Miscellaneous Provisions Title V: Effective Dates and Transition Consolidated and Reformed Education, Employment, and Retraining Systems Act (CAREERS Act) - Establishes a comprehensive workforce preparation and development (WPD) system. Title I: Federal Responsibilities - Subtitle A: Federal Workforce Preparation and Development Council - Establishes the Federal Workforce Preparation and Development Council, consisting of the Secretaries of Labor, Education, Health and Human Services, and Commerce, the Director of the Office of Management and the Budget, and any other Federal agency heads the President may designate. Requires the Federal Council to develop a strategic WPD plan for the United States and report to the President and the Congress. Subtitle B: National Commission for Employment Policy - Amends the Job Training Partnership Act to establish a National Commission for Employment Policy. Directs the Commission to study existing WPD programs and develop recommendations on reforms necessary for a comprehensive WPD system for the President, the Congress, and the Federal Council. Subtitle C: Federal Waiver Authority for Provisions of Workforce Preparation and Development Programs - Authorizes the Federal Council to waive provisions of law or regulations relating to State planning and reporting, performance standards, or other provisions with respect to WPD programs under unified State plans. Sets forth provisions for waiver applications, review, approval or disapproval, and revocation. Subtitle D: Implementation Grants and Technical Assistance - Authorizes the Federal Council to provide grants and technical assistance to States that have an approved application to carry out the single State plan. Requires a State to provide at least 70 percent of such a grant to the Local Boards. Authorizes appropriations. Title II: State Responsibilities - Subtitle A: State Human Resource Investment Council - Requires any participant State to establish a State human resource investment council to assist the Governor in developing a coordinated State strategy for WPD programs, including school-to-work transition and lifelong learning programs. Subtitle B: Unified Single State Plan - Requires any participant State to: (1) establish a unified single State plan to coordinate services under WPD programs; and (2) report annually to the Federal Council on progress in achieving plan goals. Expresses the sense of the Congress that States and unified service areas should use cost-effective methods for collecting data for post-program follow-up of participants of WPD programs. Subtitle C: Unified Service Areas - Requires any participant State to ensure establishment of unified service areas throughout the State to provide community-wide WPD services. Subtitle D: Local Workforce Development Boards - Requires any participant State to ensure establishment of a Local Workforce Development Board in each unified service area. Requires a participant Local Board, in partnership with local governments, to submit an annual unified local plan to the State Council for approval. Subtitle E: Community Job Resource Centers - Requires any participant State to ensure that each Local Board designates or establishes a network of community job resource centers in its unified service area, to be composed of specified entities. Title III: Consolidation of Federal Workforce Preparation and Development Programs - Subtitle A: Adult Education and Literacy State Block Grant Programs - Amends the Adult Education Act (AEA) to authorize appropriations for FY 1995 and 1996 for: (1) the State Block Grant program authorized under the State Adult Education and Literacy Program, with a limited portion for certain additional State activities; and (2) national activities, including the National Institute for Literacy. (Sec. 302) Allows a portion of such block grants to States to also be used for the following additional programs: correctional education, State literacy resource centers, workplace literacy, English literacy, and training of literacy teachers and volunteers. (Sec. 303) Revises four-year State plan provisions to require description of steps to be taken in continuing programs for correctional education, State literacy resource centers, workforce literacy, and the homeless. Focuses on use and training of adult and elderly volunteers. (Sec. 304) Repeals specified AEA provisions, including: (1) a reservation of funds for national activities; (2) mandatory reserved funds for programs for corrections education and education of other institutionalized individuals; (3) mandatory reserved funds for special experimental demonstration projects and teacher training; (4) grants for State literacy resource centers; (5) grants for adult literacy volunteer training from certain reserved funds; and (6) workplace literacy and English literacy grants. (Sec. 306) Repeals provisions of the: (1) National Literacy Act relating to literacy for incarcerated individuals; (2) Domestic Volunteer Service Act of 1973 relating to the Vista Literacy Corps; and (3) Stewart B. McKinney Homeless Assistance Act relating to literacy initiatives for adult homeless individuals. Subtitle B: Vocational and Technical Education State Block Grant Program - Amends the Carl D. Perkins Vocational and Applied Technology Education Act to authorize appropriations for FY 1995 and 1996 for: (1) the State Block Grant program, with certain amounts for territories and for employment and training block grant programs for Native Americans under the Job Training Partnership Act (JTPA); and (2) national activities, with a certain amount for the National Council on Vocational Education. (Sec. 312) Revises provisions for State allotments and within-State allocation. Repeals provisions relating to State administration and for authorization of appropriations for State councils on vocational education. (Sec. 313) Requires State plans to describe the extent to which the State Vocational Education Block Grant provides for programs for single parents, displaced homemakers, single pregnant women, sex equity, and tech prep. Adds to authorized activities under State programs: business-labor-education partnerships, corrections education, and support for consumer and homemaking education. Includes under authorized activities for other State-administered programs: comprehensive career guidance and counseling and consumer and homemaking education. (Sec. 314) Revises provisions for mandatory use of funds for programs for single parents, displaced homemakers, and single pregnant women, and for sex equity. Repeals provisions for programs for criminal offenders. (Sec. 315) Eliminates a special rule for minimal allocation. Establishes a tech-prep education program. Directs State Boards to award grants for four-year tech-prep education programs to consortia of specified secondary and higher education entities. (Sec. 316) Repeals provisions for various Special Programs. (Sec. 317) Revises provisions for demonstration programs to authorize the Secretary of Education to make demonstration grants to improve vocational education programs. (Currently requires such grants to be made for specific types of programs.) Repeals provisions for Bilingual Vocational Training. Subtitle C: State Vocational Rehabilitation Block Grant Program - Amends the Rehabilitation Act of 1973 (RA) to consolidate certain employment-related programs, including supported employment for individuals with most severe disabilities, special recreation activities and services, and projects with industry. Reserves certain RA funds for Native American employment and training block grant programs under JTPA. Subtitle D: Adult Employment and Training System - Allows a State or eligible unified service area to combine funds received under one or more programs described in this subtitle or the Wagner-Peyser Act to develop and implement an integrated adult employment and training system. Requires a single application and State plan to combine such funds. Allows an eligible unified service area to combine such funds, with State approval and consistent with the State plan approved by the Secretary of Labor, if it has adopted a one-stop delivery system. Chapter 1: Disadvantaged Adult Employment and Training Block Grant Program - Amends the Job Training Partnership Act (JTPA) to revise allocation and allotment provisions, including State reservations of funds, limitations, and State activities. (Sec. 342) Requires each service delivery area to ensure equitable provision of training and placement opportunities for older individuals in private sector jobs. (Sec 343) Renames JTPA title II part A as the Disadvantaged Adult Employment and Training Block Grant Program. Authorizes appropriations. Repeals: (1) incentive grants for certain JTPA title II programs that exceed performance standards; and (2) certain program design provisions for services for older individuals. Repeals specified provisions for job training for the homeless under the Stewart B. McKinney Homeless Assistance Act (except homeless veterans' reintegration projects). Chapter 2: Dislocated Worker Employment and Training Block Grant Program - Amends JTPA title III dislocated worker provisions to include skills upgrading under authorized retraining services. (Sec. 352) Requires that special consideration for eligibility for needs-related payments be given to workers dislocated due to Federal policies, including trade policy, in particular the North American Free-Trade Agreement, or reductions of defense spending or closures of military facilities. (Sec. 353) Authorizes appropriations for the JTPA title III Dislocated Worker Employment and Training Block Grant Program for FY 1995 and thereafter. Repeals JTPA provisions relating to programs for: (1) defense conversion adjustment; (2) defense diversification; and (3) clean air employment transition assistance. Repeals the program of adjustment assistance for workers under the Trade Act of 1974. Renames JTPA title III as the Dislocated Worker Employment and Training Block Grant Program. (Sec. 354) Makes funds from such aforementioned repealed programs under JTPA and the Trade Act of 1974 available for JTPA title III. Chapter 3: Veterans' Employment and Training Block Grant Program - Renames and revises JTPA title IV part C veterans' employment programs provisions as the Veterans' Employment and Training Block Grant Program. (Sec. 362) Makes available for such JTPA program any unobligated or unexpended funds under the Service Members Occupational Conversion and Training Act of 1992 and specified provisions of Federal laws relating to: (1) disabled veterans outreach; (2) local veterans employment representatives; (3) homeless veterans' reintegration projects; (4) veterans' vocational rehabilitation; and (5) job counseling, training and placement service for veterans. (Sec. 363) Directs the Secretary of Labor, through the Assistant Secretary of Veterans Employment and Training and in cooperation with the Secretary of Defense, to provide for orderly implementation of the Veterans' Employment and Training Block Grant Program under JTPA. (Sec. 364) Repeals, after a transition period, the Service Members Occupational Conversion and Training Act of 1992 and specified provisions of Federal law relating to: (1) veterans' employment and training opportunities and employment assistance; (2) disabled veterans outreach, local veterans employment representatives, and their performance; and (3) homeless veterans' reintegration projects. (Sec. 365) Authorizes appropriations. Chapter 4: Job Opportunities and Basic Skills Act - Amends the Social Security Act to transfer authority over the Job Opportunities and Basic Skills (JOBS) program to the Secretary of Labor. Directs the Secretary to develop performance standards for such program and issue regulations to coordinate administration of such program at Federal, State, and local levels with JTPA programs. Subtitle E: Youth Employment and Training Block Grant Program - Amends JTPA title II part C youth training program provisions to provide for a comprehensive range of integrated education, training, employment and social services to disadvantaged and at risk disadvantaged youth not currently served, or underserved, by existing Federal education and training programs particularly in areas of high poverty or crime. (Sec. 373) Sets age 14 through 21 as part of eligibility criteria. (Sec. 374) Includes under authorized services specified outreach and recruitment efforts. Requires use of strategies and practices based on comprehensive and integrated service delivery, innovative approaches to serving hardest-to-serve youths, and programs with community support that make use of various resources and entities. Allows a portion of youth training funds to be used for specified summer youth employment and training activities. (Sec. 375) Adds to JTPA youth training program linkages the School-to-Work Opportunities Act of 1994. (Sec. 376) Renames JTPA title II part C youth training programs provisions as the Disadvantaged Youth Employment and Training Block Grant Program. Authorizes appropriations. Repeals JTPA title II part B summer youth employment and training program and title IV part H Youth Fair Chance program. Subtitle F: Native Americans' Employment, Training, and Education Block Grant Program - Amends JTPA title IV part A Native American programs to include tribally controlled postsecondary vocational institutions among program providers. (Sec. 383) Adds to comprehensive plan requirements, including strategic overviews and coordination with similar programs. (Sec 384) Directs the Native American Employment and Training Council to advise the Secretaries of Education and of the Interior, as well as the Secretary of Labor, and to recommend ways of consolidating other Native American employment and training programs into the JTPA program. (Sec 385) Makes available for the JTPA Native American Block Grant program unobligated or unexpended funds under the specified Act and portions of Acts which are repealed in the following section. (Sec. 386) Repeals the Indian Employment, Training, and Related Services Act of 1992 and specified provisions under the Indian Education Act, the Social Security Act, the Carl D. Perkins Vocational and Applied Technology Education Act, and the Rehabilitation Act of 1973. (Sec. 387) Renames the JTPA program as the Native American Block Grant program. Authorizes appropriations. Subtitle G: Migrant and Seasonal Farmworkers Employment, Training, and Education Block Grant Program - Amends JTPA title IV part A migrant and seasonal farmworker programs to require their being designed to help such farmworkers complete a secondary education and begin and successfully complete the first year of postsecondary education. (Sec. 392) Makes available for the JTPA farmworker block grant program unobligated or unexpended funds under the specified provisions repealed under other Acts in the following section. (Sec. 393) Repeals: (1) special programs for students whose families are engaged in migrant and seasonal farmwork, under the Higher Education Act of 1965; and (2) the adult migrant farmworker and immigrant education program, under the Adult Education Act. (Sec. 394) Renames the JTPA program as the Migrant and Seasonal Farmworker Block Grant program. Authorizes appropriations. Title IV: Miscellaneous Provisions - Amends JTPA to revise and rename State education coordination and grants provisions as State workforce preparation and development coordination and innovation grants. Requires program coordination and linkages with specified other JTPA programs and with the Elementary and Secondary Education Act of 1965, Carl D. Perkins Vocational and Applied Technology Act, Individuals with Disabilities Education Act, Adult Education Act, JOBS program, Goals 2000: Educate America Act, School-to-Work Opportunities Act of 1994, and National and Community Service Act of 1990. (Sec. 402) Amends the Wagner-Peyser Act to require the local employment service office to participate in the operation of the community job resource centers established under this Act based on the plan developed by the Local Board. Allows such offices to apply to be designated as such centers. Repeals specified provisions under the Food Stamp Act of 1977, Immigration Reform and Control Act of 1986, Domestic Volunteer Service Act of 1973, Internal Revenue Code, Higher Education Act of 1965, and Appalachian Regional Development Act of 1965. Title V: Effective Dates and Transition - Sets forth effective dates and transition provisions.

Question· oralPQ 3asked

3 Mr. J. Higgins asked the Taoiseach the composition of the recently announced Western Development Partnership Board; the budget for the board for 1994; when the board will have its first meeting; and if he will make a statement on the matter.

Ireland · Dáil Éireann · 11 May 1994

3 Mr. J. Higgins asked the Taoiseach the composition of the recently announced Western Development Partnership Board; the budget for the board for 1994; when the board will have its first meeting; and if he will make a statement on the matter.

Bill· HRH.R. 4397 (103rd)referred

To permit refunding of certain bonds.

United States · United States Congress · 11 May 1994

Amends the Revenue Act of 1987, title X of the Omnibus Budget Reconciliation Act of 1987, with respect to bonds issued by Indian tribal governments to declare that, if certain conditions are met, its provisions do not apply to any bond whose proceeds are used exclusively to refund a bond that was part of a specified issue of a Special Obligation Revenue Bonds Series 1986, issued by a recognized tribe of Indians.

Bill· SS. 2093 (103rd)open

Water Pollution Prevention and Control Act of 1994

United States · United States Congress · 10 May 1994

TABLE OF CONTENTS: Title I: Water Program Funding Title II: Toxic Pollution Prevention and Control Title III: Nonpoint Pollution Control and Watershed Planning Title IV: Municipal Pollution Control Title V: Permit Program and Enforcement Title VI: Program Management Title VII: Wetlands Title VIII: Coastal Protection Title IX: Innovative Technology Title X: Interstate Water Quality Programs Water Pollution Prevention and Control Act of 1994 - Title I: Water Program Funding - Amends the Federal Water Pollution Control Act to expand the list of projects for which State water pollution control revolving fund monies are available. (Sec. 101) Authorizes States to: (1) reduce amounts required for matching contributions to capitalization grants for water pollution control revolving funds by an amount equal to the amount of technical assistance provided to publicly owned treatment works or subsurface sewage disposal systems that serve 10,000 or fewer individuals; and (2) forgive an amount of loan principal for disadvantaged communities with respect to loans for water pollution control activities. Revises the allotment formula for revolving funds and extends the authorization of appropriations for such funds through FY 2000. Increases amounts authorized to be appropriated for FY 1996 through 2000 subject to certain on-budget deficit estimates. Reserves funds for a grant to implement a plan for the elimination of discharges to Onondaga Lake, New York. (Sec. 102) Extends the authorization of appropriations for specified pollution control programs through FY 2000. Title II: Toxic Pollution Prevention and Control - Adds to the list of requirements for effluent limitation guidelines that the Administrator: (1) in determining the best practicable control technology and best measures available, give highest priority to source reduction measures; (2) identify control measures to limit the release of pollutants associated with wastewater to other environmental media; and (3) prohibit specific control measures that are likely to have a significant adverse effect on any environmental medium. (Sec. 201) Revises provisions concerning pretreatment standards to require the Administrator to promulgate pretreatment standards for the introduction of pollutants (currently, pollutants which are not susceptible to treatment or would interfere with the operation of the treatment works) into publicly owned treatment works. (Sec. 202) Directs the Administrator to publish a water quality criteria plan every five years. Requires the initial plan to contain at least eight sediment quality criteria. Directs the Administrator to: (1) require pesticide registrants to provide information sufficient to publish criteria unless the pesticide will not enter water in more than de minimis amounts; and (2) ensure that information necessary to publish criteria for chemical substances that are the subject of a premanufacture notice pursuant to the Toxic Substances Control Act is submitted unless certain conditions are met. Requires the Administrator to publish guidance concerning contaminant levels in finfish and shellfish for use by States in the issuance of finfish and shellfish consumption advisories to protect recreational and subsistence fishers. Prohibits sediment quality criteria published under this Act from being: (1) used as a standard for determining appropriate cleanup levels or for whether cleanup should be undertaken; or (2) deemed an applicable requirement for remediation unless the Administrator determines criteria appropriate for such use. Requires States to report triennially to the Administrator on the designated uses of waters. Deems all waters for which a use has not been designated to be designated as fishable and swimmable, unless a State establishes an alternative use. Directs States to adopt pollutant specific standards for any pollutant for which criteria are published if the discharge of such pollutant could interfere with designated water uses. Requires States to implement antidegradation policies. Directs States to implement programs to protect outstanding national resource waters. Requires permitting authorities to conduct antidegradation reviews for a water prior to issuing a permit to a point source authorizing any new or expanded discharge of a pollutant. (Sec. 203) Directs the Administrator to review and revise the list of toxic pollutants subject to this Act at least every five years. Authorizes persons to petition the Administrator to establish effluent standards. Requires the Administrator to offer to enter into arrangements with the National Academy of Sciences to study the effects of pollution found in navigable waters on the development of aquatic life, wildlife, or humans. Directs the Administrator to: (1) publish a list of substances anticipated to cause significant and widespread adverse effects on the development of aquatic life, wildlife, or humans; (2) publish a comprehensive strategy to control, prevent, and remediate water pollution or sediment contamination associated with listed substances; and (3) report to specified congressional committees on an estimate of the costs and benefits of each action proposed under the strategy. (Sec. 204) Authorizes the Administrator to impose pretreatment requirements on industrial users that introduce pollutants into publicly owned treatment works. Prohibits the introduction of hazardous wastes into publicly owned treatment works unless certain conditions are met. Directs the Administrator to publish guidance for: (1) toxic reduction action plans (one of the conditions to be met if introducing hazardous wastes) to be implemented by certain commercial users that are not subject to categorical pretreatment standards and that introduce toxic pollutants or hazardous wastes into treatment works; and (2) technical assistance to small communities to assist in minimizing the introduction of toxic pollutants and hazardous wastes from commercial sources into treatment works. Requires the Administrator to promulgate regulations revising the definition and applicability of certain local limits under Federal regulations as may be necessary to protect health and the environment with respect to hazardous wastes discharged to publicly owned treatment works. Requires revised limits to address all points from which hazardous wastes may be released from a treatment works to the environment. Directs the Administrator to study and report to the Congress on actual discharges of hazardous wastes to treatment works to determine quantities, the sources of the discharges, the releases from various release points, and resulting threats to health and the environment. Authorizes appropriations. Authorizes a publicly owned treatment works to apply to the Administrator for the designation of the treatment works as a publicly owned industrial treatment works. Provides for approval of the application if: (1) greater than 75 percent of the wastewater received is from one or more industrial sources; (2) the works was specifically designed to treat pollutants associated with such sources; (3) the works consistently complies with applicable effluent limitations that are as stringent as those that would apply if the works were an industrial facility; (4) sludge from the works meets requirements for beneficial reuse; and (5) the works has imposed controls on all pollutants received from such sources as necessary to protect health and the environment. (Sec. 205) Amends the Pollution Prevention Act of 1990 to require facilities that are subject to toxic chemical release reporting requirements under the Emergency Planning and Community Right-To-Know Act of 1986 and whose reports total releases and transfers of toxic chemicals in excess of 200,000 pounds annually to prepare pollution prevention plans. Deems small businesses to be in compliance with such requirement if they retain a pollution prevention opportunities assessment manual and checklist. Requires facilities to include pollution prevention progress reports with each annual filing of toxic chemical release reports. Directs the Administrator to: (1) establish an integrated pollution prevention information network; (2) develop industry-specific pollution prevention opportunities assessment manuals and checklists for industrial categories with respect to which the lack of information is an impediment to pollution prevention by small businesses; and (3) establish a program to promote local voluntary programs to prevent pollution and promote energy conservation. (Sec. 206) Requires the Administrator to establish an integrated| permit pilot program at up to ten demonstration sites that: (1) combines all applicable Federal environmental requirements (with exceptions) into a single integrated permit; and (2) provides the sites the opportunity to demonstrate innovative and alternative methods of compliance with such requirements. Permits the Administrator, with the consent of the State in which a demonstration site is located, to temporarily waive Federal environmental statutory and regulatory requirements (with exceptions, including limitations of emissions) for such sites. Authorizes the Administrator to provide technical assistance grants to applicant organizations and local communities in the vicinity of demonstration sites. Requires demonstration projects to terminate within ten years of this Act's enactment. Authorizes appropriations. Title III: Nonpoint Pollution Control and Watershed Planning - Requires States to conduct and report to the Administrator on programs to monitor the quality of navigable waters and aquatic sediment. (Sec. 301) Establishes the Intergovernmental Task Force on Monitoring Water Quality to coordinate Federal and State water and sediment quality monitoring programs. (Sec. 302) Revises provisions concerning State assessments of nonpoint source pollution. Requires States to submit to the Administrator every five years a list of navigable waters that cannot, without additional action to control nonpoint source pollution, be anticipated to attain or maintain: (1) water and sediment quality standards; and (2) in the case of a parameter with respect to which no water or sediment quality standard is in effect, water and sediment quality that supports the designated use. Authorizes States to include within such list other waters that are: (1) threatened with impairment; (2) outstanding national resource waters; or (3) groundwater threatened with nonpoint source pollution. Requires States to delineate land areas of the watersheds of listed waters. Revises requirements for State nonpoint source management programs. Requires such programs to be submitted for approval every five years. Authorizes States to select alternative management practices that are not identified in the national program guidance if such practices are as effective in controlling nonpoint source pollution. Permits alternative requirements with respect to specific sources with the Administrator's approval and subject to other conditions. Considers approved coastal nonpoint pollution control programs to meet the requirements for such programs. Requires the Administrator to implement programs for States that fail to do so. Directs the Administrator to publish guidance for nonpoint source management programs, taking into account certain regional variations and land and water management practices. Authorizes the Administrator to list new sources in the guidance if they are likely to contribute to pollution preventing the attainment of water or sediment quality standards. Authorizes sources located in watershed areas of listed waters to implement site-specific water quality plans in lieu of management measures outlined in the national guidance. Provides that certain existing plans implemented under conservation compliance and agricultural water protection programs under the Food Security Act of 1985 satisfy site-specific plan requirements subject to certain conditions. Requires the Administrator to establish a formula for the allocation of sums based on certain factors related to nonpoint source pollution. Sets forth limitations on funding. Withholds up to 50 percent of funds from States that fail to implement nonpoint source programs. Authorizes (current law requires) the Administrator to make grants to States for groundwater protection activities that will advance nonpoint source pollution control. Extends the authorization to carry out nonpoint source programs through FY 2000. Authorizes the Administrator to make grants: (1) for certain education and outreach activities regarding nonpoint pollution source control; and (2) to the CleanMarina Program to support the reduction of pollution from marina facilities and recreational boating activities. Authorizes appropriations. Provides for the implementation of nonpoint source water pollution control measures on Federal lands and for the prevention of water pollution resulting from highway construction. Directs the Administrator to review and approve each plan for the construction of an animal waste management facility. Authorizes the Administrator to provide technical assistance and education concerning the design of such facilities. Requires the Administrator to publish guidelines for the design, operation, and management of publicly owned subsurface sewage organizations. (Sec. 303) Authorizes State Governors to designate waters and associated land areas as watershed management units. Makes certain watershed planning activities eligible for assistance. Authorizes State Governors to submit watershed management plans to the Administrator for approval. Makes approved plan activities eligible for Federal assistance. Provides for extensions of discharge permits in watershed planning units, subject to certain conditions. Title IV: Municipal Pollution Control - Requires permits issued for discharges from combined storm and sanitary sewers to conform with combined sewer overflow control policy under Federal regulations published by the Administrator in January 1993. (Sec. 401) Authorizes the issuance of permits for compliance with a long-term control plan for a term of up to 15 years. (Sec. 402) Applies permit requirements to stormwater discharges associated with commercial activity. Exempts sources of discharges composed entirely of stormwater from municipal storm sewer systems, with certain exceptions, from permit requirements (currently, such exemption is only available prior to October 1, 1994). Provides that permits issued for discharges from municipal storm sewers composed entirely of stormwater shall not require compliance with numeric effluent limitations and water quality standards shall not be applied as effluent limitations. Authorizes the Administrator to issue a consolidated permit for discharges from a storm sewer system owned by a municipality and the stormwater discharges from industrial or commercial sources owned by the same municipality. Requires the Administrator to establish permit requirements for stormwater discharges from commercial and light industrial sources. Directs the Administrator to list each municipal storm sewer system the discharge from which is the sole or principal cause for the failure of receiving waters affected by the discharge to achieve a designated use or other water quality standard. Requires such systems to obtain discharge permits. Requires a revised list at least every five years. Authorizes the Administrator to exempt certain commercial and light industrial stormwater discharges from permit requirements. (Sec. 403) Requires EPA to be the primary coordinator for all Federal policies related to municipal, commercial, residential, and industrial water conservation. Authorizes the Secretary of the Army, acting through the Army Corps of Engineers, to provide technical assistance and take specified actions to encourage water conservation. Directs the Secretary to establish a national clearinghouse on water conservation. Authorizes appropriations. Title V: Permit Program and Enforcement - Requires fees for discharge permits to be used for point source elements of the water quality program and sewage sludge use and disposal and pretreatment programs. Establishes a Federal Water Pollution Control Permit Fund. (Sec. 502) Requires a permit applicant, in the case of a new discharge resulting from facility construction, to apply for a permit prior to the commencement of construction. Modifies permit application requirements. (Sec. 503) Revises enforcement and penalty provisions. Title VI: Program Management - Requires the Administrator to conduct research with respect to the harmful effects on the health and habitat of fish, shellfish, and wildlife caused by water pollutants. (Sec. 601) Authorizes appropriations for research programs. (Sec. 603) Establishes employee protection provisions to apply to cases where employees refuse to perform duties that would constitute violations of the Clean Water Act. (Sec. 606) Increases the amount required to be reserved for assistance to Indian tribes for the construction of treatment works and nonpoint source pollution control programs. Permits State revolving funds to be used for assistance to Indian tribes. Requires the Administrator to issue permits for discharges to navigable waters on Federal Indian reservations unless the Indian tribe has been delegated permit issuance authority. (Sec. 607) Requires the Administrator to establish a national water quality education program as well as specified volunteer awards programs related to water pollution control. (Sec. 608) Directs the Administrator to establish: (1) an Arid West Water Quality Research Project; and (2) an Arid West Water Quality Research Board. Requires the project to: (1) be located at the EPA monitoring laboratory in Las Vegas, Nevada; (2) develop data for water quality criteria documents for species and environments appropriate for ephemeral and effluent-dependent streams; and (3) conduct additional research. Authorizes appropriations. Requires the Administrator to convene a working group to: (1) recommend revisions to methodology used to develop water quality criteria to include criteria appropriate for ephemeral and effluent-dependent streams; and (2) make recommendations for additional scientific research and other information needed for the development of water quality criteria that can be adapted by States to reflect special regional and site-specific characteristics, especially with respect to the arid West. Direct the Administrator to: (1) revise such methodology in accordance with the recommendations; and (2) publish at least two criteria documents addressing such streams. Requires the Administrator to promote the environmentally beneficial use of reclaimed water and the development of appropriate water quality criteria and standards for ephemeral and effluent-dependent streams: (1) that have a limited ability to maintain traditional water resources; and (2) with respect to which the discharge of reclaimed water to otherwise arid or semiarid environments can also support limited aquatic and riparian habitat that would otherwise not exist. Authorizes States to establish an alternative use for ephemeral and effluent-dependent streams if such streams cannot attain current designated uses because of natural, ephemeral, intermittent, or low flow conditions or water levels. Permits revised or new interim water quality criteria for such streams. (Sec. 610) Directs the Secretary of the Army, acting through the Army Corps of Engineers, to establish a grant program to provide assistance to States and political subdivisions for the construction of environmental education facilities. Requires facilities to be used to enhance public awareness of the importance of aquatic, marine, and other natural resources and to serve as a clearinghouse. Authorizes appropriations. (Sec. 611) Requires certain water pollution control plans prepared by States, localities, and other nonfederal entities pursuant to the Clean Water Act to evaluate the acquisition of lands or interests as a means of meeting the goals of such plans. Permits the use of funding under the Clean Water Act for such acquisitions if: (1) the lands or interests are acquired from willing sellers and held in perpetuity in public ownership; and (2) the plan finds the acquisition to be effective and appropriate. Makes acquired lands available for public recreational purposes to the extent possible considering the environmental sensitivity and suitability of the lands. (Sec. 612) Directs the Administrator to establish: (1) an Environmental Financial Advisory Board to provide expert advice on issues affecting the costs and financing of environmental activities at the Federal, State, and local levels; and (2) Environmental Finance Centers in each of the ten Federal regions. Authorizes the Centers to: (1) provide training of State and local officials; (2) publish materials relating to financing of environmental infrastructure; (3) conduct conferences and advisory panels on specific environmental finance issues; (4) establish information services; (5) generate case studies and reports; (6) develop surveys of financial issues and needs of State and local governments; (7) identify financial programs and alternative financing mechanisms for training purposes; (8) hold public meetings; and (9) collaborate and exchange information. Authorizes appropriations. (Sec. 613) Directs the Administrator to: (1) conduct a comprehensive research program concerning U.S. lakes; and (2) appoint a Lake Research Advisory Committee. Requires States to designate the use of each publicly-owned lake consistent with the following uses: (1) public drinking water supply; (2) swimming and related body contact recreation; and (3) resource protection. Directs the Administrator to publish: (1) water quality criteria for freshwater lakes; and (2) guidance to assist States in the adoption of lake water quality standards for contaminants for which criteria documents have been published. Extends the authorization of appropriations for the clean lakes program through FY 2000. Revises requirements for lake water quality demonstration programs. Adds to the priority list for such programs China Lake, Maine, Flathead Lake, Montana, and Candlewood Lake, Connecticut. Requires the Administrator to report to the Congress on phosphates in detergent products. Directs the Administrator to implement a national education program on lake quality and protection. Provides for a Lake Watch Program and a Lake Watch Award. Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to require the Aquatic Nuisance Species Task Force to undertake a program to prevent the dissemination of Eurasian Milfoil (Myriophyllum Spicatum), a type of aquatic weed. Amends the Federal criminal code to prohibit the importation of such species into the United States. (Sec. 614) Applies certain Federal wage standards to contract employees working on projects (currently, treatment works) financed under the Clean Water Act. (Sec. 615) Requires the Administrator to consult with any Federal agency having jurisdiction over food processing activities prior to the promulgation of any requirements for an effluent guideline, new source performance standard, pretreatment standard, process change, or use restriction which will affect food processing activities to ensure that the guideline, standard, change, or restriction will not adversely affect food safety or the integrity and wholesomeness of a food product. (Sec. 616) Revises provisions concerning training grants and contracts to require the Administrator to implement a national program to train individuals in the operation of municipal and industrial wastewater treatment works and other water pollution control facilities. Provides for grants to institutions of higher education and State agencies to support such programs. Requires chief operators of publicly owned treatment works that have discharge permits and such additional personnel as may be designated by a State to be certified as proficient. Directs the Administrator to issue certification guidelines. Authorizes appropriations for training and scholarship programs. Title VII: Wetlands - Prohibits the Administrator and the Secretary of the Army from taking private property for public |use without just compensation. (Sec. 702) Prohibits the issuance of revisions to or clarifications of the guidelines for identifying and delineating wetlands under the Clean Water Act until the National Academy of Sciences has completed a specified wetlands study. Provides for the continued use of the 1987 Corps of Engineers wetlands delineation manual until such guidelines are issued. Requires wetlands located on agricultural and associated nonagricultural lands to be delineated by the Secretary of Agriculture in accordance with a specified January 1994 memorandum. Directs the Secretary to delineate wetlands on rangelands using the 1987 manual. Authorizes the Administrator to issue guidelines to identify and delineate wetlands. Earmarks funding for: (1) wetlands delineation training programs; and (2) assistance to private landowners who lack financial capacity to identify or delineate wetlands in order to apply for dredge or fill permits or avoid impacts to wetlands. Provides for a public information program on Federal regulations, permitting requirements, and wetlands delineation. (Sec. 704) Sets forth permit decision deadlines and administrative appeal procedures, including procedures for landowners to appeal regulatory jurisdiction determinations. (Sec. 705) Authorizes the issuance of general permits on a State, regional, or nationwide basis for any category of activities involving discharges of dredge or fill material if the activities are similar in nature and will cause only minimal adverse environmental effects when performed separately and cumulatively. (Sec. 706) Exempts prior converted croplands and certain waters and activities from regulation under dredged and fill permit provisions. (Sec. 707) Provides for the establishment of mitigation banks (wetlands restoration projects that provide compensation credits to offset foreseeable wetlands losses from future discharges of dredged or fill material into navigable waters if compensatory mitigation is not practicable). (Sec. 710) Authorizes funding to States for wetlands conservation and watershed management planning. Requires the Administrator to carry out a wetlands and watershed management research program. Establishes a committee to coordinate Federal, State, and local government wetlands policies. Provides for the development of a National Cooperative Wetlands Restoration Strategy. Requires the Secretary of the Army and the Administrator to establish a wetlands restoration pilot program. (Sec. 711) Authorizes the Administrator to make grants to States to administer wetlands programs. Authorizes appropriations. Title VIII: Coastal Protection - Extends the authorization of appropriations for the national estuary program through FY 2000. Revises requirements for estuary management conferences and conservation plans and provisions regarding research and grants. Adds Charlotte Harbor, Florida, to the list of estuaries to be given priority consideration. (Sec. 802) Directs the Administrator to revise water quality for pathogens. Requires the Administrator to revise the aquatic life criteria for each pollutant with respect to which such criteria for freshwater have been published and revise such criteria to address aquatic life in marine waters. Directs each State with coastal recreation waters to adopt water quality standards for pathogens. Requires the Administrator to establish numeric water quality standards for marine waters that: (1) are not located within the jurisdiction of a State; and (2) are located within 200 miles seaward of the landward boundary of the territorial seas. (Sec. 803) Directs the Administrator to: (1) establish a national program to provide information, education, and technical assistance to owners of land bordering marine water; (2) establish the Ocean Watch Program to encourage nonprofit citizens groups to engage in activities to assess and protect marine and ocean waters; and (3) provide an annual Ocean Watch Award. (Sec. 804) Make it unlawful to discharge sewage: (1) into certain designated waters; and (2) that has not been treated by a marine sanitation device. Makes the construction of marine pumpout stations provided for in plans approved under the Clean Vessel Act of 1992 eligible for State revolving fund assistance. Makes it unlawful for the owner or operator of a marina that has a docking or mooring capacity for more than 500 vessels: (1) beginning on January 1, 2000, to fail to provide pumpout stations and waste reception facilities for marine sanitation devices unless a plan developed under the Clean Vessel Act of 1992 expressly waives such requirement; and (2) to fail to comply with a plan pursuant to such Act. Requires the Secretary of the department in which the Coast Guard is operating to carry out an information and education program to encourage compliance with marine sanitation device requirements and foster understanding concerning water quality and pollution prevention. Authorizes appropriations. (Sec. 805) Revises provisions concerning the issuance of permits with respect to ocean discharges. Prohibits permits for such discharges if: (1) a discharge may cause or contribute to the violation of water and sediment quality standards; or (2) discharge alternatives were not adequately evaluated. Directs the Administrator to: (1) biennially list marine waters that do not and are not likely to support the protection and propagation of fish, shellfish, and wildlife and allow for recreational activities in and on the waters; and (2) take actions to prevent the further degradation of water and sediment quality of a priority marine water. (Sec. 806) Authorizes the Secretary of the Army to provide financial assistance to local governments for the construction of facilities for the control of overflows from combined storm and sanitary sewers to marine waters. Authorizes appropriations. (Sec. 807) Directs the Administrator to publish regulations specifying methods to be used by States to monitor coastal recreation waters, during periods of use by the public, for compliance with standards. Requires notification of local governments and the public of water quality standards violations. Directs the Administrator to: (1) issue guidance on uniform assessment and monitoring procedures for floatable materials in coastal recreation waters; and (2) specify the conditions under which the presence of floatable materials constitutes a threat to public health and safety. Authorizes grants to States for carrying out such requirements. Authorizes appropriations. Provides for a research program to develop better indicators for detecting harmful bacteria and viruses in coastal recreation waters. Title IX: Innovative Technology - Requires the Administrator to establish a program to demonstrate practices, methods, technologies, or processes that may be effective in the prevention and control of sources of water pollution or aquatic habitat degradation or loss. Authorizes grants for such projects. Permits the Administrator, as part of such program, to: (1) enter into cooperative agreements with State permitting authorities and the managers of Federal facilities for the demonstration of innovative and alternative approaches for the prevention and control of point and nonpoint sources of water pollution at properties owned by the Federal Government; and (2) select proposals for funding agreements for projects to demonstrate comprehensive and innovative technologies for the prevention, control, or remediation of acid, metal-contaminated, or other mine water pollution that results from active, inactive, or abandoned hard rock mining operations. (Sec. 901) Authorizes appropriations. (Sec. 902) Authorizes the Administrator, with State consent, to temporarily waive permit limitations for certain point sources for purposes of encouraging the development and testing of certain innovative production or pollution prevention processes, pollution control technologies, or recycling methods. Limits waivers to 90 days and provides for extensions. (Sec. 903) Provides for limited waivers from national categorical pretreatment standards under certain conditions for facilities that apply innovative production or pollution prevention processes, pollution control technologies, or recycling methods. Limits waivers to 90 days and provides for extensions. (Sec. 904) Directs the Administrator to establish a program to verify, evaluate, and disseminate: (1) performance and cost information on technologies, processes, techniques, and management measures appropriate for controlling water pollution; and (2) information on the properties and toxicity of substitute chemicals. Requires the Administrator to establish and update a list of technologies and alternative chemicals verified under the program. Authorizes appropriations. (Sec. 905) Authorizes States to submit programs to assist small business sources of water pollution to the Administrator for approval. Requires the Administrator to establish a small business source assistance program within EPA. Title X: Interstate Water Quality Programs - Establishes a Gulf of Mexico Program to: (1) protect the coastal and marine waters and natural habitats of the Gulf; (2) protect human health and the food supply; and (3) ensure the recreational use of the Gulf in ways consistent with the economic well being of the region. (Sec. 1001) Establishes a Gulf of Mexico Commission to make recommendations to the President on Program goals. Provides for a Management and Restoration Plan for the Gulf. Requires the Commission to report to the Congress on the environmental quality of the Gulf and impact of Gulf environmental problems on economic conditions. Authorizes grants to Gulf States to further the implementation of the Plan. Authorizes appropriations. (Sec. 1002) Directs the Administrator to develop a Great Lakes testing manual that implements the national guidance for the disposal of sediment material into U.S. waters. Requires the Administrator to report to the Congress on the general condition of Confined Disposal Facilities (CDFs) located in the Great Lakes basin and to identify each facility that is causing or is at risk of causing an exceedance of water or sediment quality standards or interfering with protection of designated uses. Directs the Administrator to publish a ranking of at least 15 priority harbors within the Great Lakes system for development of long-term sediment management strategies for harbor maintenance. Makes it unlawful, with respect to such harbors, to discharge sediment dredged from the harbors at any location in the open waters of the Great Lakes or any CDF or to establish, expand, or modify any CDF that receives sediment from the harbors unless specified conditions are met. Requires the Administrator and the Secretary of the Army to jointly issue guidelines for the development of sediment management strategies for such harbors. Provides for sediment management working groups for each site subject to routine navigational dredging. Requires all dredging and disposal operations to be consistent with such strategies. Directs the Secretary to: (1) develop tributary sediment models for each major river system that deposits sediment into a Great Lakes federally authorized commercial harbor, channel harbor, channel maintenance project site, or area of concern; (2) develop an analytical method to project the effectiveness of sediment source reduction approaches; and (3) use such method to conduct sediment load reduction analyses to estimate the effectiveness of such approaches. Authorizes appropriations. Directs the Great Lakes National Program Office to conduct demonstration projects of promising technologies to remedy contaminated sediments. Replaces provisions concerning the Great Lakes Research Office to establish a Great Lakes Research Council. Revises provisions regarding Lakewide Management Plans to require the Administrator to publish the final plans for: (1) Lake Michigan and Lake Superior by January 1, 1995; and (2) Lake Erie, Lake Huron, and Lake Ontario by January 1, 1998. Raises the ceiling on, and extends the authorization of, appropriations for a health research report regarding the Great Lakes. Directs the Administrator to seek the cooperation of Canada in developing a binational program to restore and protect water and sediment quality within the watershed area of Lake Superior. Extends the authorization of appropriations for the Great Lakes program through FY 2000. (Sec. 1003) Directs the Administrator of the Environmental Protection Agency to: (1) continue the Chesapeake Bay Program; and (2) maintain a Chesapeake Bay Program Office. Establishes a Chesapeake Bay Federal Agencies Committee to coordinate Federal activities relating to the restoration of the Bay. Requires Federal agencies to report to the President on activities planned and undertaken, and resources provided, to meet responsibilities under the Program. Directs Federal agencies that own or operate facilities within the Bay watershed to assess the facilities to ensure compliance with the Program and include a plan for addressing such impacts in the report to the President. Requires the Administrator to establish a habitat restoration program in the Chesapeake Bay watershed. Authorizes technical and financial assistance to public and nonprofit agencies to carry out such program. Directs the Administrator to develop a basinwide toxic reduction strategy, as well as research and monitoring to improve understanding of intermedia transfers of toxic pollutants and the ultimate fate of the pollutants within the Bay ecosystem. Authorizes financial assistance for specified activities. Extends the authorization of appropriations for the Program through FY 2000. (Sec. 1004) Requires the Administrator to continue the Clark Fork-Pend Oreille Watershed Program and to establish a Tri-State Implementation Council to implement the management plan developed for the Program. Authorizes appropriations. (Sec. 1005) Establishes a Gulf of Maine Council on the Marine Environment. Authorizes grants to the Council and to the St. Croix International Waterway Commission. Authorizes appropriations. (Sec. 1006) Directs the Administrator to establish a Mississippi River Program within EPA to carry out specified activities to protect and restore the Mississippi River. Establishes the Mississippi River Program Office. Requires the Administrator and the Director of the U.S. Fish and Wildlife Service to report on the environmental quality and and ecosystem health of the Mississippi River and the impact on economic viability, human health, and ecological health of plants and animals. Directs the Administrator to design a strategy for developing a monitoring program to assess the environmental quality of such ecosystem. Requires the Governors of the Mississippi River States, the Secretary of the Interior, and the Administrator to form a Mississippi River States Council to: (1) assist in collecting assessment and monitoring data; (2) ratify a Management, Protection, and Restoration Plan and (3) facilitate coordination on issues related to restoration of environmental quality. Authorizes grants for the development and implementation of the Plan. Authorizes appropriations. (Sec. 1007) Extends the authorization for, and raises the ceiling on, appropriations to implement the Long Island Sound program. Designates the Connecticut River and the watershed of such river in Vermont, New Hampshire, Massachusetts, and Connecticut as a multistate watershed. Requires the New England Interstate Water Pollution Commission to coordinate State and interstate management efforts. Authorizes appropriations. (Sec. 1008) Directs the Administrator to make grants to maintain the Narragansett Bay Project and to implement a comprehensive conservation and management plan. Authorizes grants to carry out the Project. Authorizes appropriations. (Sec. 1009) Requires the Administrator to establish an Executive Council of the San Francisco Bay-Delta Estuary Restoration Program to coordinate the Comprehensive Conservation and Management Plan. Authorizes appropriations. (Sec. 1010) Extends the authorization of appropriations for the Lake Champlain program.

PreviousPage 3 of 4Next