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Bill· HRH.R. 4751 (103rd)referred
United States · United States Congress · 13 July 1994
Amends the Energy Conservation and Production Act to extend the authorization of appropriations for the weatherization assistance program for low-income persons through FY 1999.
Bill· HRH.R. 4752 (103rd)referred
United States · United States Congress · 13 July 1994
Energy Policy and Conservation Act Amendments Act of 1994 - Amends the Energy Policy and Conservation Act to repeal the loan guarantee program for the development of underground coal mines. (Sec. 3) Transfers the Strategic Petroleum Reserve Office from the Federal Energy Administration to the Secretary of Energy. Repeals the mandate for: (1) a Strategic Petroleum Reserve (SPR) Plan (while retaining authority for a one billion barrel Reserve); (2) an Early Storage Reserve; and (3) a minimum fill rate. Makes the Regional Petroleum Reserve part of the SPR. Revises SPR operation and maintenance guidelines affecting expansion, drawdown, and distribution plans. Revises SPR drawdown, and distribution guidelines including: (1) a repeal the Secretary's allocation authority; and (2) a mandate that the Secretary sell SPR petroleum at public sale to the highest bidder. Revises: (1) SPR annual reporting requirements; and (2) guidelines governing the obligation of funds from the SPR Petroleum Account. Repeals the mandate for congressional review of contracts for which no implementing legislation is needed. Extends the authorities relating to the SPR through FY 1999. (Sec. 4) Revises guidelines governing: (1) international voluntary agreements affecting emergency responses; (2) the applicability of the Defense Production Act of 1950; and (3) antitrust defenses applicable to international voluntary agreements. Extends the authorization of appropriations for interagency working groups to promote exports of renewable energy and energy efficiency products and services through FY 1999. Extends emergency energy authorities through FY 1999. (Sec. 5) Extends authorizations of appropriations through FY 1999 for: (1) State energy conservation programs; and (2) the energy conservation program for schools and hospitals. Amends the Energy Conservation and Production Act to extend through FY 1999 the authorization of appropriations for weatherization assistance program for low-income persons. Modifies the statutory mandate that the President collect certain petroleum product information.
Bill· HRH.R. 4750 (103rd)open
United States · United States Congress · 13 July 1994
Energy Policy and Conservation Act Amendments Act of 1994 - Amends the Energy Policy and Conservation Act to repeal the loan guarantee program for development of underground coal mines. Transfers the Strategic Petroleum Reserve Office from the Federal Energy Administration to the Secretary of Energy. Repeals the mandates for: (1) a Strategic Petroleum Reserve (SPR) Plan (while retaining authority for a one billion barrel Reserve); (2) an Early Storage Reserve; (3) a minimum fill rate; and (4) Utility, Coal, and Remote Crude Oil and Natural Gas Reserves. Makes the Regional Petroleum Reserve part of the SPR. Revises SPR operation and maintenance guidelines affecting expansion, drawdown, and distribution plans. Revises SPR drawdown and distribution guidelines, including: (1) a repeal of the Secretary's allocation authority; and (2) a mandate that the Secretary sell SPR petroleum at public sale to the highest bidder. Revises: (1) SPR annual reporting requirements; and (2) guidelines governing the obligation of funds from the SPR Petroleum Account. Extends the authorities relating to the SPR through FY 1999. Repeals general emergency authorities for energy conservation, rationing, and related contingency plans. Revises guidelines governing: (1) international voluntary agreements affecting emergency responses; (2) the applicability of the Defense Production Act of 1950; and (3) antitrust defenses applicable to international voluntary agreements. Extends through FY 1999 the authorization of appropriations for interagency working groups to promote export of renewable energy and energy efficiency products and services. Extends emergency energy authorities through FY 1999. Extends authorizations of appropriations through FY 1999 for: (1) State energy conservation programs; and (2) the energy conservation program for schools and hospitals. Amends the Energy Conservation and Production Act to extend through FY 1999 the authorization of appropriations for the weatherization assistance program for low-income persons.
Bill· HRH.R. 4724 (103rd)open
United States · United States Congress · 12 July 1994
Makes eligible for the veterans' housing loan program: (1) members of the Selected Reserve discharged or released before completion of six years of service because of a service-connected disability; and (2) surviving spouses of reservists who die while on active duty. Repeals a Federal provision prohibiting guaranteed housing loans to veterans for property not served by a public or adequate community water and sewage system. Authorizes the Secretary of Veterans Affairs to guarantee to refinance loans of veterans making energy efficiency improvements. Allows for the charging of a guaranteed housing loan fee for such loan. Provides for the guaranteeing of refinance loans made to change a mortgage from an adjustable to a fixed rate. Provides authority for guaranteeing loans made to purchase a manufactured home if the home displays a certification of conformity with Federal manufactured home construction and safety standards. Repeals certain inspection requirements with respect to such manufactured homes, as well as a reporting requirement concerning such inspections. Revises certain default procedures with respect to guaranteed housing loans. Excludes from certain minimum active-duty service requirements, for purposes of eligibility for veterans' guaranteed housing loans, those veterans whose discharge or release from active duty was the result of a reduction in force.
Bill· SS. 2263 (103rd)referred
United States · United States Congress · 1 July 1994
Authorizes the Federal Energy Regulatory Commission, upon request of a certain licensee, to extend the time required to commence construction of a specified hydroelectric project.
Bill· SS. 2254 (103rd)referred
United States · United States Congress · 30 June 1994
Independent Nuclear Safety Board Act of 1994 - Amends the Energy Reorganization Act of 1974 to establish the Independent Nuclear Safety Board. Directs the Board to: (1) investigate events under Nuclear Regulatory Commission jurisdiction which could adversely affect public health and safety; and (2) recommend to the Commission and to the Congress measures to minimize threats to public safety. Requires the Commission to respond in writing to such recommendations and to provide explanations for its inaction on recommendations it chooses to reject. Directs the Board to issue periodic reports to the Congress and various government agencies affected by activities subject to Commission jurisdiction, recommending corrective measures to: (1) reduce the likelihood of nuclear events similar to those investigated by the Board; and (2) improve safety conditions at nuclear facilities. Transfers to the Board all functions and necessary personnel of the Office for the Analysis and Evaluation of Operational Data which relate to the Board's functions and authorities. Authorizes appropriations.
Bill· SS. 2251 (103rd)referred
United States · United States Congress · 30 June 1994
Energy Policy and Conservation Act Amendments Act - Amends the Energy Policy and Conservation Act to repeal the loan guarantee program for the development of underground coal mines. (Sec. 3) Instructs the Secretary of the Interior to prohibit joint bidding for natural gas or crude oil development rights on the Outer Continental Shelf only when it is determined before a lease sale that this bidding would adversely affect competition or the receipt of fair market value. Repeals guidelines for oil and gas production at the maximum efficient rate and at the temporary emergency production rate. Transfers the Strategic Petroleum Reserve Office from the Federal Energy Administration to the Secretary of Energy. Repeals the mandate for: (1) a Strategic Petroleum Reserve (SPR) Plan (while retaining authority for a one billion barrel Reserve); (2) an Early Storage Reserve; and (3) a minimum fill rate. Makes the Regional Petroleum Reserve part of the SPR. Revises SPR operation and maintenance guidelines affecting expansion, drawdown and distribution plans. Conditions the Secretary's authority to acquire petroleum products for the SPR upon the availability of funds. Revises SPR drawdown and distribution guidelines including: (1) a repeal the Secretary's allocation authority; and (2) a mandate that the Secretary sell SPR petroleum at public sale to the highest bidder. Revises: (1) SPR annual reporting requirements; and (2) guidelines governing the obligation of funds from the SPR Petroleum Account. Repeals the mandate for congressional review of contracts for which no implementing legislation is needed. Extends the authorities relating to the SPR through FY 1999. (Sec. 4) Revises guidelines governing: (1) international voluntary agreements affecting emergency responses; (2) the applicability of the Defense Production Act of 1950; and (3) antitrust defenses applicable to international voluntary agreements. Extends the authorization of appropriations for interagency working groups to promote exports of renewable energy and energy efficiency products and services through FY 1999. Extends emergency energy authorities through FY 1999. (Sec. 5) Extends authorizations of appropriations through FY 1999 for: (1) State energy conservation programs; and (2) the energy conservation program for schools and hospitals. Amends the Energy Conservation and Production Act to extend through FY 1999 the authorization of appropriations for weatherization assistance program for low-income persons. (Sec. 6) Repeals: (1) the statutory mandate for the President to collect certain petroleum product information; and (2) conflict of interest disclosure requirements guidelines.
Bill· HRH.R. 4684 (103rd)open
United States · United States Congress · 30 June 1994
Department of Energy High Energy and Nuclear Physics Authorization Act of 1994 - Authorizes appropriations for FY 1996 through 1999 for high energy physics and nuclear physics activities of the Department of Energy (DOE). Instructs the Secretary of Energy to: (1) enter into negotiations with the European Organization for Nuclear Research (CERN) regarding U.S. participation in the planning and construction of the Large Hadron Collider project; (2) submit an operations plan to certain congressional committees subsequent to enactment of appropriations for DOE high energy or nuclear activities; (3) contract with an independent organization to review the governance of DOE high energy and nuclear physics programs; and (4) report to the Congress on a mandated long-range plan prepared jointly with the Director of the National Science Foundation regarding Federal high energy and nuclear physics programs based on current and projected funding levels. Mandates that each of the President's annual budget requests for DOE high energy and nuclear physics activities distinguish between the budget for capital expenditures and other activities.
Bill· HRH.R. 4706 (103rd)referred
United States · United States Congress · 30 June 1994
Sets forth a sliding scale of Federal spending reductions affecting Department of Energy facilities for FY 1995 through 1997. Establishes the Reduction in Department of Energy Facility Funding Commission to submit a funding reduction implementation plan to the Secretary of Energy. Directs the Secretary to report to the Congress if he or she determines the Commission's recommendations should not be followed. Expresses the sense of the Congress that the savings resulting from the mandated spending reductions should be deposited in the Treasury.
Bill· HRH.R. 4663 (103rd)open
United States · United States Congress · 28 June 1994
TABLE OF CONTENTS: Title I: Export Administration Title II: Nuclear Proliferation Prevention Act Part A: Reporting on Nuclear Exports Part B: Sanctions for Nuclear Proliferation Part C: International Atomic Energy Agency Part D: Repeal of Duplicative Provisions Omnibus Export Administration Act of 1994 - Title I: Export Administration - Export Act of 1994 - Specifies the export policy of the United States, especially that: (1) export controls should be imposed to stem the proliferation of weapons of mass destruction; and (2) restrictions on the export of agricultural commodities should be minimized. (Sec. 104) Specifies the kinds of export licenses the Secretary of Commerce may require. Prohibits any person from exporting an item that such person knows will materially contribute to a program for the development of a weapon of mass destruction or missile in a country that is not a member of, or a cooperating country with respect to, an export control regime controlling such items. Requires the Secretary to: (1) establish a United States Commodity Control Index identifying all commodities and technology on which controls are imposed under this Act; (2) specify license requirements for such items; and (3) designate countries and end users to which exports of commodities and technology are controlled. Requires the Secretary to appoint export advisory committees with respect to export controls imposed on such items. (Sec. 105) Authorizes the President to prohibit or curtail the export of commodities or technology that would: (1) significantly enable a country or end user to acquire weapons of mass destruction; or (2) significantly contribute to the military capability of a country so as to pose a threat to the national security of the United States or its allies. Requires the Secretary to establish a security control list of commodities, technology, countries, and end users with respect to which export controls are imposed by this Act. Provides that the Secretary shall require authority to export commodities and technology on the security control list to a controlled country, a controlled end use, or a controlled end user. Sets forth provisions regarding the creation of multilateral export control regimes. Provides favorable licensing treatment for the export of commodities and technology among such regimes. Requires the Secretary periodically to review and remove export controls on computer equipment, computer communications and networking equipment, computer software, and related technology that has become obsolete. Requires the Secretary of State to propose the elimination of controls on mass-market computer equipment to export control regimes that control such equipment. Declares that, in specified circumstances, approval shall be presumed for a license for export to a country of any controlled goods, without regard to their technical specifications, for trade show purposes. Directs the Secretary to enter into an arrangement with the National Academy of Sciences and the National Academy of Engineering to study and report to the President and the Congress on the extent to which exports of computers can be controlled, and the policy reasons for maintaining controls. (Sec. 106) Authorizes the President to prohibit or curtail unilaterally the export of commodities or technology whenever it is essential to U.S. national security or foreign policy, or to prevent foreign countries from supporting acts of international terrorism. Requires the Secretary and the Secretary of State to seek support from other countries and multilateral export control regimes for such controls. Prohibits export or reexport of controlled commodities or technology to countries that have repeatedly supported acts of international terrorism. Declares that crime control and detection instruments and equipment shall be approved for export by the Secretary only pursuant to an export license, with specified exceptions. (Sec. 107) Authorizes the President to prohibit or impose quantitative restrictions on the export of commodities that are domestically in short supply. Directs the Secretary to monitor exports, and contracts for exports, of commodities in cases where the volume of such commodities in relation to domestic supply contributes, or may contribute, to an increase in domestic prices or a domestic shortage, and such increase or shortage has, or may have, a serious adverse impact on the economy. Authorizes an entity, including a trade association, firm, or certified union or group of workers, that is representative of an industry that processes metallic materials capable of being recycled to petition the Secretary requesting both the monitoring of or the imposition of export controls on such exports that are in short supply. Prohibits the export of Alaskan North Slope crude oil, with specified exceptions. Provides for licensing of refined petroleum product exports. Prohibits the President from imposing quantitative restrictions based on short supply controls on agricultural commodities (including fats and oils or animal hides or skins) without the approval of the Secretary of Agriculture. Prohibits the exportation of unprocessed western red logs (Thuja plicata) harvested from State or Federal lands. Declares that shipments of crude oil and refined and partially refined petroleum products for use by the Department of Defense or U.S.-supported installations shall not, for purposes of export controls on Alaskan North Slope oil, be considered to be exports. (Sec. 108) Directs the President to issue regulations that prohibit, with specified exceptions, U.S. persons from supporting any boycott imposed by a foreign country against a country friendly to the United States that is not itself the object of a U.S. boycott. (Sec. 109) Specifies procedures for the processing of export license applications, including the screening, referral, approval or denial, and review of such applications. (Sec. 110) Sets forth both civil and criminal penalties for violations of this Act. (Sec. 111) Directs the Secretary to establish a list of dual use commodities and technology that would directly and substantially assist a foreign government or group in acquiring the capability to develop, produce, stockpile, or deliver chemical or biological weapons, the licensing of which would be effective in barring acquisition or enhancement of such capability. Requires a validated license for the export of listed items to any country of concern. Requires the Secretary to establish a list of all dual use commodities and technology on the Missile Technology Control Regime Annex (MTCR), including such items that would provide a direct and significant impact on the development of missile delivery systems. Requires a validated license for the export of such items on the MTCR list to any country, including any country not an MTCR adherent. Amends the Arms Export Control Act to require the Secretary of State to establish, as part of the United States Munitions List (Munitions List), a list of items not subject to specified control that would directly and substantially assist a foreign government, group, or project in acquiring the capability to develop, produce, stockpile, or deliver chemical or biological weapons, the licensing of which would be effective in barring the acquisition or enhancement of such capability. Requires a license for the export of such items on such list. Requires the Secretary of State to establish a list of items, including those items on the MTCR Annex, that would provide a direct and significant impact on the development of missile delivery systems, and the export of which is not subject to control under this Act. Requires a validated license for the export of such items on such list to any country, including any country not an MTCR adherent. Provides that such licenses shall be denied if the ultimate consignee of such items is a facility in a country that: (1) is not an MTCR adherent and it is designed to develop or build missiles; or (2) has repeatedly supported acts of international terrorism. Requires the President to impose sanctions, for a two year period, against any U.S. or foreign person who, or entity that, knowingly exports or transfers chemical or biological weapons or missiles. Sets forth such sanctions to include: (1) denial of an export license; (2) barring of Government procurement contracts; and (3) appropriate import restrictions on the products of an offending entity. Requires the President to determine what countries have made substantial preparation to use or have used chemical or biological weapons (including against their own nationals) in violation of international law. Requires the President to impose, for a two year period, specified sanctions against such countries. (Sec. 112) Sets forth provisions regarding administrative and judicial review of determinations made under this Act. (Sec. 113) Makes the Secretary responsible for providing policy guidance on the enforcement of this Act. Sets forth requirements with respect to: (1) the forfeiture of goods and tangible items lawfully seized by the United States for violations of this Act; (2) undercover investigative operations of the Office of Export Enforcement of the Department of Commerce; and (3) a financial audit and report to the Congress on each undercover investigative operation. (Sec. 114) Requires issuance of an annual policy guidance for export licensing officials in all Federal departments and agencies. Declares that all power, authority, and discretion conferred by this title with respect to export control functions shall be exercised by the Secretary. Establishes an Export Control Policy Committee to provide policy guidance and advice to the President on export control issues. Directs the President to appoint an Under Secretary of Commerce for Export Administration who shall perform all functions of the Secretary under this Act and other Federal laws relating to national security. Sets forth requirements for: (1) non-disclosure of confidential information; (2) disclosure of information to the Congress and the General Accounting Office (GAO); (3) penalties for disclosure of confidential information; and (4) public opportunity for comment on regulations imposing export controls. Authorizes the Secretary to participate in the education and training of officials from other countries on the principles and procedures for implementation of effective export controls. Declares that a license may not be required for the export of a commodity solely because it contains parts or components subject to export control if they: (1) are essential to the functioning of the good; (2) are customarily included in the sales of the item in non-controlled countries; and (3) comprise 25 percent or less of the total value of the good, unless the good itself would make a significant contribution to the military or proliferation potential of a controlled country or end user which would prove detrimental to U.S. national security. Declares that no authority may be required for certain reexports of foreign-made items incorporating U.S. items. Declares that this Act does not authorize export controls on: (1) medicine or medical supplies; or (2) donations of items intended to meet basic human needs, including food, educational materials, seeds, hand tools, water resources equipment, clothing and shelter materials, and basic household supplies. Declares that no validated license shall be required for replacement parts exported to replace on a one-to-one basis parts that were in a commodity lawfully exported from the United States, unless the President determines that a license should be required for such parts. (Sec. 115) Requires the Secretary to report annually to the Congress on the administration of this Act. (Sec. 117) Declares that the Secretary shall not require a license for the export or reexport of telecommunications equipment to civil end users in any of the former republics of the Soviet Union, China, Poland, Czechoslovakia, Bulgaria, Romania, Albania, Estonia, Lithuania, Latvia, Cambodia, Laos, Mongolia, or Vietnam. Requires the President to submit to specified congressional committees a report assessing: (1) the international market for computer software with encryption; and (2) the impact of U.S. encryption export controls on the international competitiveness of the U.S. computer software industry. Requires the export of commercial communications satellites (including any integral components necessary to achieve the orbit location of such satellites) to be regulated solely by this Act. (Sec. 118) Expresses the sense of the Congress that the Arab League countries should end the secondary Arab boycott. (Sec. 119) Authorizes appropriations to the Department of Commerce. Title II: Nuclear Proliferation Prevention Act - Nuclear Proliferation Prevention Act of 1994 - Part A: Reporting on Nuclear Exports - Amends the Nuclear Non-Proliferation Act of 1978 to include in a certain presidential report to the Congress on governmental efforts to prevent the proliferation of nuclear weapons: (1) a description of the implementation of nuclear and nuclear-related dual-use export controls; and (2) the progress of the non- nuclear-weapon independent states of the former Soviet Union and of the Baltic states towards achieving the objective of applying full scope safeguards to all their peaceful nuclear activities. Part B: Sanctions for Nuclear Proliferation - Requires the President to impose certain sanctions against any foreign person or U.S. person that has materially and with requisite knowledge contributed to the efforts of any individual, group, or non-weapon state to acquire unsafeguarded special nuclear material, or to use, develop, produce, stockpile, or otherwise acquire any nuclear explosive device. (Sec. 222) Amends the Arms Export Control Act to prohibit the sale or lease of defense articles or services to any country that the President has determined to be in material breach of treaties or agreements concerning the nonproliferation of nuclear explosive devices and unsafeguarded special nuclear material. (Sec. 223) Directs the Secretary of the Treasury to instruct the U.S. executive director to certain international financial institutions to oppose any use of their funds to promote the acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of a nuclear explosive device by a non-nuclear-weapon state. Makes it a duty of the U.S. executive directors of such institutions to consider whether a country receiving financial assistance: (1) is seeking to acquire unsafeguarded special nuclear material or a nuclear explosive device; (2) is not a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons; or (3) has detonated a nuclear explosive device. (Sec. 224) Prohibits any U.S. person or a foreign person from knowingly, materially, and directly contributing or attempting to contribute, through the provision of financing, to the acquisition of unsafeguarded special nuclear material, or the use, development, production, or stockpiling of any nuclear explosive device by an individual, group, or non-nuclear-weapon state. Requires the President to impose certain sanctions against any U.S. person or foreign person who violates such prohibition. (Sec. 225) Amends the Export-Import Bank Act of 1945 to require the Secretary of State to report to appropriate congressional committees and to the Board of Directors of the Export-Import Bank if a country has willfully aided or abetted a non-nuclear-weapon state in acquiring any nuclear explosive device or unsafeguarded special nuclear material. (Sec. 226) Requires the President to report to the Congress, and impose certain sanctions against, any country that: (1) transfers to a non-nuclear- weapon state a nuclear explosive device; (2) is a non-nuclear-weapon state and either receives a nuclear explosive device, or detonates one; (3) transfers to a non-nuclear-weapon state any design information or component that is important to the development of a nuclear device; or (4) is a non-nuclear- weapon state and receives such information or component. (Sec. 227) Amends the Arms Export Control Act to prohibit the use of any funds under the Foreign Assistance Act of 1961 or this Act to provide economic assistance, military assistance or grant military education and training, foreign assistance, or extend military credits or make guarantees, to any country which delivers to or receives from another country nuclear enrichment equipment, materials, or technology, unless certain conditions are met. Authorizes the President to furnish such assistance if he certifies to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that: (1) termination of such assistance would have a serious adverse effect on vital U.S. interests; and (2) assurances have been received that such country will not acquire or develop nuclear weapons or assist other nations in doing so. Sets forth similar provisions prohibiting such assistance to countries that deliver to, or receive from, a country nuclear reprocessing equipment, materials, or technology which contribute significantly to that country's ability to manufacture a nuclear explosive device. (Sec.229) Amends the Arms Control and Disarmament Act to include in a specified annual report to the Congress a discussion of any material noncompliance by foreign governments with their commitments to the United States with respect to the prevention of the spread of nuclear explosive devices by non-nuclear weapon states or the acquisition of unsafeguarded special nuclear material. Expresses the sense of the Congress that the Department of State should, in its reporting responsibilities under the Nuclear Non-Proliferation Act of 1978, include a summary of demarches that the United States has issued or received from foreign governments with respect to activities which are of significance from the proliferation standpoint. Part C: International Atomic Energy Agency - Expresses the sense of the Congress that in order to enhance international confidence in the effectiveness of International Atomic Energy Agency (IAEA) safeguards and other multilateral undertakings to halt the global proliferation of nuclear weapons, the United States should seek to negotiate specified initiatives with other nations, including the IAEA Board of Governors and the Nuclear Suppliers Group. Part D: Repeal of Duplicative Provisions - Repeals certain duplicative provisions of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.
Bill· SS. 2244 (103rd)referred
United States · United States Congress · 24 June 1994
Independent Spent Nuclear Fuel Storage Act of 1994 - Amends the Nuclear Waste Policy Act of 1982 to provide that if the Secretary of Energy does not have a facility available to accept high level radioactive wastes or spent nuclear fuel from certain commercial nuclear facilities by a specified deadline, such facilities may offset the expenses of providing storage of spent fuel generated after that date through credits on certain fee payments until the date of the Secretary's first acceptance at an authorized storage or disposal facility.
Bill· HRH.R. 4645 (103rd)referred
United States · United States Congress · 24 June 1994
Amends the Federal Power Act to authorize the Federal Energy Regulatory Commission to disallow recovery in jurisdictional rates of certain costs incurred by a public utility if it determines that recovery of such costs would be inconsistent with the requirements of the Federal Power Act. Declares that in any Commission proceeding to consider recovery of such costs there shall be a rebuttable presumption that the costs are just, reasonable, and neither unduly discriminatory nor preferential.
Bill· SS. 2233 (103rd)referred
United States · United States Congress · 23 June 1994
Water Resources Development Act of 1994 - Amends the Water Resources Development Act of 1986 to require a 25 percent non-Federal share of the cost of environmental protection and restoration activities under the Act. (Sec. 6) Requires amounts recovered by the Secretary of the Army for the cleanup of hazardous or toxic substances in support of the Army Civil Works program to be credited to the appropriate trust fund Account from which the cost of taking such action is paid. (Sec. 7) Amends the Act to provide for the temporary protection of technology developed as a result of research and development (R&D) activities conducted by the Corps of Engineers which is likely to be subject to a cooperative R&D agreement within two years of such development. (Sec. 8) Amends the National Dam Safety Act to authorize appropriations annually (currently through FY 1992) for continuously maintaining an updated inventory of all dams located in the United States. (Sec. 9) Authorizes the Secretary, in maintaining hydroelectric power generating facilities at projects under the jurisdiction of the Army, to increase the efficiency of energy production and the capacity of such facilities, if certain conditions are met. (Sec. 10) Authorizes the Secretary to undertake surveys, plans, and studies and to prepare reports which may lead to work under existing civil works authorities or to recommendations for authorizations. Authorizes appropriations. (Sec. 11) Authorizes the Secretary to make lump-sum payments to non-Federal sponsors for the Federal share of operation, maintenance, replacement, and rehabilitation costs of civil works projects after completion of construction of the project or a separation element thereof, with conditions. (Sec. 12) Requires recommendation to the Congress by the Secretary that a non-Federal sponsor bear 50 percent of the cost of any proposed modification of an existing authorized project by removal of a project feature which would significantly and adversely impact the project purpose or output. (Sec. 13) Amends the Water Resources Development Act of 1990 to terminate the technical advisory committee established to provide to the Secretary and the Corps recommendations on reservoir monitoring and research. (Sec. 15) Amends the: (1) Act to revise a reporting requirement and to defeat a project deauthorization if funds for planning or design (currently, only construction) have been obligated within a 30-month period; and (2) Water Resources Development Act of 1988 to repeal a five-year limitation on the period during which funds must be obligated to prevent project deauthorization. (Sec. 16) Directs the Secretary to establish a goal of awarding five percent of the total amount of civil works funds obligated for Army contracts and subcontracts for FY 1994 through 2000 to small business concerns owned and controlled by socially and economically disadvantaged individuals and to historically Black colleges and minority institutions. Outlines procurement procedures. (Sec. 17) Amends the Act to revise provisions concerning cost-sharing for dam safety work. (Sec. 18) Repeals a provision of the River and Harbor Act of 1950 providing for expenses of Corps representatives at international engineering or scientific conferences. (Sec. 19) Authorizes the Secretary to enter into contracts, cooperative agreements, and grants with non-Federal entities for R&D in support of Army civil works programs. (Sec. 20) Authorizes the Secretary to engage in activities in interagency or international support of problems of national significance to the United States, with conditions. Authorizes appropriations. (Sec. 21) Amends the Act to allow the Secretary to take appropriate measures if he determines that the operation of a water resource project has contributed to the degradation of the quality of the environment. (Sec. 22) Establishes in the Treasury the Army Civil Works Regulatory Program Fund for deposit of fees collected for commercial permits, environmental impact statements, and wetlands delineations. Authorizes the appropriation of the funds collected to the Secretary for administrative costs related to regulation of navigable waters and wetlands of the United States.
Bill· SS. 2219 (103rd)referred
United States · United States Congress · 21 June 1994
Natural Gas Pipeline Safety Improvement Act of 1994 - Amends the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 to authorize the Secretary of Transportation to recover from any person engaged in the transportation of gas or hazardous liquids, or from the owner or operator of pipeline facilities, the costs incurred in: (1) accident investigation; or (2) overseeing the response of the person to the accident. Sets a limit upon the amounts recovered. Authorizes the Secretary to make grants to: (1) the States for the development and establishment of a one-call notification system; and (2) one-call notification systems for promoting their use. Prescribes guidelines under which the Secretary may develop an electronic data base on pipeline facilities in order to facilitate risk assessment and safety planning. Authorizes appropriations. Directs the Federal Energy Regulatory Commission to review its practices and guidelines for siting natural gas interstate transmission facilities in urban areas in order to determine improved routes and rights-of-way. Instructs the Secretary to make educational information available to local governments over whose lands pass: (1) natural gas interstate transmission facilities; and (2) hazardous liquid interstate pipeline facilities. Proscribes excavation and solid waste disposal activity within pipeline rights-of-way, or within a limited area in the vicinity of an interstate pipeline facility. Modifies the deadline for the Secretary to issue regulations for periodic pipeline inspections. Instructs the Secretary to prescribe a schedule for such inspections. Requires the owner/operator of an interstate transmission facility to notify annually all residents within certain distances of such facility of the reporting procedures for suspicious activities (including dumping and excavation). Directs the Secretary to develop public service announcements governing pipeline safety. Directs the Secretary to promulgate regulations requiring the use of remotely or automatically controlled valves for shutting off gas flow in case of an accident or a loss of the primary power source. Requires the owner/operator of certain pipelines to obtain baseline pipeline safety information through the use of instrumented internal inspection devices (smart pigs).
Bill· HRH.R. 4613 (103rd)referred
United States · United States Congress · 21 June 1994
Prohibits the Secretary of the Interior from conducting lease sales, or permitting exploration, production, or drilling activities under the Outer Continental Shelf Lands Act in a certain area in the Eastern Gulf of Mexico Planning Area. Cancels all leases under such Act in such area. Prescribes compensation guidelines for holders of such cancelled leases. Declares that the State of Florida shall not be required to provide any compensation for cancelled leases.
Bill· HRH.R. 4616 (103rd)referred
United States · United States Congress · 21 June 1994
Natural Gas Pipeline Safety Improvement Act of 1994 - Amends the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 to authorize the Secretary of Transportation to recover from any person engaged in the transportation of gas or hazardous liquids, or from the owner or operator of pipeline facilities, the costs incurred in: (1) accident investigation; or (2) overseeing the response of the person to the accident. Sets a limit upon the amounts recovered. Authorizes the Secretary to make grants to: (1) the States for the development and establishment of a one-call notification system; and (2) one-call notification systems for promoting their use. Prescribes guidelines under which the Secretary may develop an electronic data base on pipeline facilities in order to facilitate risk assessment and safety planning. Authorizes appropriations. Directs the Federal Energy Regulatory Commission to review its practices and guidelines for siting natural gas interstate transmission facilities in urban areas in order to determine improved routes and rights-of-way. Instructs the Secretary to make educational information available to local governments over whose lands pass: (1) natural gas interstate transmission facilities; and (2) hazardous liquid interstate pipeline facilities. Proscribes excavation and solid waste disposal activity within pipeline rights-of-way, or within a limited area in the vicinity of an interstate pipeline facility. Modifies the deadline for the Secretary to issue regulations for periodic pipeline inspections. Instructs the Secretary to prescribe a schedule for such inspections. Requires the owner/operator of an interstate transmission facility to notify annually all residents within certain distances of such facility of the reporting procedures for suspicious activities (including dumping and excavation). Directs the Secretary to develop public service announcements governing pipeline safety. Directs the Secretary to promulgate regulations requiring the use of remotely or automatically controlled valves for shutting off gas flow in case of an accident or a loss of the primary power source. Requires the owner/operator of certain pipelines to obtain baseline pipeline safety information through the use of instrumented internal inspection devices (smart pigs).
Bill· SS. 2210 (103rd)open
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
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
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
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
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· SS. 2209 (103rd)open
United States · United States Congress · 20 June 1994
TABLE OF CONTENTS: 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 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 transition 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.
Law· HRH.R. 4602 (103rd)enacted
United States · United States Congress · 17 June 1994
TABLE OF CONTENTS: Title I: Department of the Interior Title II: Related Agencies Title III: General Provisions Department of the Interior and Related Agencies Appropriations Act, 1995 - Title I: Department of the Interior - Makes appropriations for FY 1995 operation of the Department of the Interior. Sets forth the uses and limitations for such appropriations. Title II: Related Agencies - Makes appropriations for FY 1995 for the Department of Agriculture for the Forest Service. Makes appropriations for the Department of Energy for, among other things, fossil energy research and development, the Strategic Petroleum Reserve (SPR) and the SPR Account. Makes appropriations to the Department of Health and Human Services for the Indian Health Service for Indian health services and facilities. Appropriates funds to: (1) the Department of Education for the Office of Elementary and Secondary Education for Indian education; (2) the Office of Navajo and Hopi Relocation; (3) the Institute of American Indian and Alaska Native Culture and Arts Development; (4) the Smithsonian Institution; (5) construction and improvements at the National Zoological Park; (6) restoration and repair of buildings owned or occupied by the Smithsonian Institution; (7) the National Gallery of Art; (8) the John F. Kennedy Center for the Performing Arts; and (9) the Woodrow Wilson International Center for Scholars. Makes appropriations for: (1) the National Foundation on the Arts and the Humanities; (2) the Institute of Museum Services; (3) the Commission of Fine Arts; (4) National Capital arts and cultural affairs; (5) the Advisory Council on Historic Preservation; (6) the National Capital Planning Commission; (7) the Franklin Delano Roosevelt Memorial Commission; (8) the Pennsylvania Avenue Development Corporation; and (9) the U.S. Holocaust Memorial Council. Sets forth uses and prohibitions on such funds. Title III: General Provisions - Sets forth uses and limitations of funds appropriated by this Act. Requires expenditures under this Act to comply with the Buy American Act. Expresses the sense of the Congress that entities receiving Federal assistance should purchase only American-made equipment and products. Prohibits Federal contracts with persons found to have falsely labeled a product with a "Made in America" inscription.
Bill· SS. 2204 (103rd)referred
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
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.
Law· SS. 2182 (103rd)enacted
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. 4566 (103rd)open
United States · United States Congress · 10 June 1994
TABLE OF CONTENTS: Title I: Work Requirements for Welfare Recipients Title II: Promotion of Marriage and Social Responsibility Subtitle A: Welfare Benefits Subtitle B: Grants for Assistance to Children Born Out-Of-Wedlock Subtitle C: Removal of Barriers to Interethnic Adoption Subtitle D: Tax Credit for Certain Low-Income Families Title III: Child Support Enforcement Title IV: Specific Reforms in Welfare Spending Title V: State Options and Miscellaneous Provisions Title VI: Capping the Aggregate Growth of Welfare Spending Real Welfare Reform Act of 1994 - Title I: Work Requirements for Welfare Recipients - Amends Part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to require each State, as a condition of participation in the AFDC program, to establish a workfare and dependency reduction program meeting specified requirements. (Sec. 101) Sets forth program participation requirements for parents in the AFDC unemployed parent program and certain noncustodial parents, including a specified mix of weekly community work service and job search activities or benefits to wages program participation. Specifies participation requirements for each adult AFDC recipient in a single-adult family. Requires States to establish: (1) a community work service program under which a participating individual shall work for a public or nonprofit private sector organization; and (2) a benefits to wages program under which an individual shall work for a qualified private employer whom the Secretary of Health and Human Services (HHS) shall pay a wage subsidy on behalf of such individual equal to the amount of AFDC allotment and the cash value of food stamp benefits the individual would otherwise receive. Sets forth penalties (including allotment reductions and eligibility denials) for individuals, including noncustodial parents, who fail to meet participation requirements. Prohibits participating organizations or entities from replacing any employed workers with participating AFDC individuals. Specifies payments to States for welfare and dependency reduction programs. Requires State plans to require custodial parents under 19 years old who have not successfully completed a high-school education to participate in an educational activity, either a high-school diploma or equivalency degree program or other training or work activities. Amends the Internal Revenue Code to provide for advance payments of the earned income tax credit to employees in a benefits to wages program. (Sec. 102) Amends the Food Stamp Act of 1977 to deny food stamp eligibility to any able-bodied individual belonging to a household otherwise eligible for food stamps if that individual has not performed at least 32 hours of work on behalf of a State, or local government, through a program established by that government, during the preceding month. (Sec. 103) Specifies job search requirements for AFDC applicants and recipients with children over five years old. Title II: Promotion of Marriage and Social Responsibility - Subtitle A: Welfare Benefits - Declares the sense of the Congress that: (1) marriage is the foundation of a successful society; and (2) in view of specified negative consequences of out-of-wedlock birth on the child, the mother, and society, the reduction of such births is an important government interest. (Sec. 201) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require State plans and State food stamp agencies, respectively, with specified exceptions, to deny AFDC payments for a child born to any unmarried individual under 26 (or later age, if the State so determines). Allows such payments if the child is legally adopted or if the child's custodian marries an individual who assumes lawful paternity or permanent legal guardianship and financial responsibility for the child. Amends the United States Housing Act of 1937 to require public housing contracts to provide for denial of housing and rental assistance in the same circumstances. (Sec. 202) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require similar denial of benefits with respect to any additional children born while the custodial parent was receiving assistance. (Sec. 203) Amends SSA title IV Part A (AFDC) to require reductions in AFDC payments to a family where a child has been born for whom paternity has not been established. Provides for such payments, notwithstanding such denial policy, for a child of up to four months old if some identifying information on the putative father is provided. Subtitle B: Grants for Assistance to Children Born Out-Of-Wedlock - Amends SSA title IV Part A (AFDC) to provide for grants to States for programs to discourage out-of-wedlock births and to care for children born out-of-wedlock. Allows the use of such funds to: (1) establish or expand out-of-wedlock pregnancy reduction programs; (2) promote adoption; (3) establish and operate orphanages; and (4) establish and operate closely supervised residential group homes for unwed mothers. (Sec. 211) Prohibits payments to: (1) parents of out-of-wedlock children; or (2) such children if parent and child live in any conventional residential or community setting, including a relative's household or a household headed by the custodial parent. Subtitle C: Removal of Barriers to Interethnic Adoption - Prohibits any agency or entity involved in adoption or foster care placements and receiving Federal assistance from: (1) categorically denying any person the opportunity to become an adoptive or a foster parent on the basis of the race, color, or national origin of such person or of the child involved; or (2) delaying or denying the placement of a child for adoption or into foster care, or otherwise discriminate in making a placement decision, on such basis with respect to the adoptive or foster parent or child. Permits an agency to consider the race, color, or national origin of a child as a factor in making a placement decision if such factor is relevant to the child's best interests and is considered in conjuction with other factors. Grants any aggrieved individual the right to seek relief in the U.S. district court. Subtitle D: Tax Credit for Certain Low-Income Families - Amends the Internal Revenue Code to allow an additional earned income tax credit for a married individual who: (1) has lived together with his or her spouse at all times during the marriage during the taxable year; and (2) has earned at least $8,500 in income for such year. Title III: Child Support Enforcement - Directs the Secretary of the Treasury to establish a system for the reporting of information relating to child support obligations of employees, including mandatory reporting of such information on W-4 forms. (Sec. 302) Amends SSA title IV Part A (AFDC) to require State agencies to: (1) maintain child support order registries; (2) make all pertinent State records accessible to any agency of any other State through the Interstate Locate Network; (3) give custodial parents access to State parent locator services to aid in establishment and enforcement of child support obligations against noncustodial parents; and (4) give noncustodial parents access to such services to aid in establishment of visitation rights. (Sec. 303) Provides for expansion of the Parent Locator Service. Directs the HHS Secretary to establish an Interstate Locate Network linking the Parent Locator Service and all State databases. Requires regulations governing information sharing among States, within States, and between the States and the Parent Locator Service. (Sec. 304) Amends SSA title IV Part A (AFDC) to require States to have laws requiring employers to withhold child support pursuant to uniform income withholding orders. (Sec. 305) Requires the responsible unit within HHS to develop: (1) a uniform abstract of a child support order containing specified terms for use by all State courts; and (2) procedures providing for voluntary establishment or acknowledgement of paternity. (Sec. 306) Waives the application and genetic testing fees for any individual receiving child support collection or paternity determination services who has been denied AFDC, food stamp, and housing assistance under this Act. Title IV: Specific Reforms in Welfare Spending - Amends the National School Lunch Act to reduce the income eligibility guidelines for reduced price lunches from 185 to 130 percent of the applicable family-size nonfarm income levels. (Sec. 402) Repeals the Mickey Leland Childhood Hunger Relief Act. Applies the Food Stamp Act of 1977 as if the Mickey Leland Childhood Hunger Relief Act had not been enacted. (Sec. 403) Amends the Revenue Reconciliation Act of 1993 to repeal the mandates and authorities for empowerment zones and enterprise communities. (Sec. 404) Amends SSA title IV Part A (AFDC) to reduce by 25 percent monthly benefits to AFDC families who also receive public housing benefits. (Sec. 405) Reduces the authorization of appropriations for social services block grants for each fiscal year after FY 1994. (Sec. 406) Limits specified welfare benefits, currently available to aliens, to U.S. citizens only. Declares that it is the policy of the Congress that States and local educational agencies should not be required to provide a free public elementary or secondary education to any individual who is not a U.S. citizen, a lawful resident alien, or an alien permanently residing in the United States under color of law. Requires a State or local educational agency to notify the Attorney General whenever it learns of a public school child who does not belong to any such category. Requires immediate deportation proceedings against such child. (Sec. 407) Amends SSA title XVI (Supplemental Security Income (SSI) for the Aged, Blind, and Disabled) to direct the HHS Secretary to issue vouchers in lieu of cash benefits to each eligible child under 18 to cover the cost of certain medical expenses. (Sec. 408) Requires an eligibility review during the year after the 18th birthday of any individual receiving disability benefits. (Sec. 409) Requires a specified reduction of the authorization of appropriations for low-income home energy assistance for any fiscal year. Title V: State Options and Miscellaneous Provisions - Amends SSA title IV Part A (AFDC), the Food Stamp Act of 1977, and the United States Housing Act of 1937 to allow States the option to: (1) place a time limit on AFDC, food stamp, and housing assistance to any individual; and (2) apply that time limit to any household moving to a State from another State with such a time limit. (Sec. 502) Amends SSA title IV Part A (AFDC) to give a State the option to treat interstate immigrants under the AFDC benefit rules of their former State. (Sec. 503) Directs the Secretary of Labor, in cooperation with the States, to conduct ongoing evaluations of Federal and State job training programs. Authorizes appropriations. (Sec. 504) Amends specified parts of the Social Security Act, the Food Stamp Act of 1977, and the United States Housing Act of 1937 to require safeguards and information exchange among law enforcement agencies to ensure that fugitive felons and probation and parole violators do not receive Medicaid, AFDC benefits, food stamps, SSI, or housing assistance. Requires public housing agencies to furnish Federal, State, or local law enforcement agencies, upon request, the current address of any assistance recipient identified as a fugitive felon or probation or parole violator. Title VI: Capping the Aggregate Growth of Welfare Spending - Specifies FY 1995 through 1996 and subsequent fiscal year caps on Federal spending on certain welfare programs. (Sec. 602) Directs the HHS Secretary to make welfare block grants to the States for aid to low-income households. Prohibits the use of such funds for abortions or for any counseling related to abortion. Sets forth general work, job search, and training requirements for aid recipients, as well as certain participation requirements for States. Denies cash or direct food assistance to young unwed parents as under title II of this Act, or to noncitizens, fugitive felons, or probation or parole violators. (Sec. 603) Terminates funding and State obligations under specified cash, medical, housing, energy, education, jobs and training, social services, and low-income community aid welfare programs as of the end of FY 1994. Repeals any entitlement to benefits established under such programs. (Sec. 604) Dedicates to deficit reduction all Federal savings under the spending cap mandated by this title. Requires the adjustment of the present discretionary spending caps for the net increase in discretionary spending that results from the creation of the welfare block grant as a replacement for current welfare entitlement programs. (Sec. 605) Sets forth special rules, upon termination of the AFDC program, with respect to grants for assistance to children born out-of-wedlock. (Sec. 606) Amends SSA title XIX (Medicaid) with respect to Medicaid eligibility criteria after enactment of this Act. Authorizes States to request a waiver to simplify such criteria. Requires the HHS Secretary to review and approve such requests only if Federal Medicaid expenditures will not be increased as a result.
Bill· HRH.R. 4564 (103rd)referred
United States · United States Congress · 10 June 1994
Fusion Energy Research Accountability Act of 1994 - Directs the Secretary of Energy to convene a fusion policy advisory panel to report to the Congress on: (1) a single narrow approach to fusion power; and (2) develop recommendations for a plan for the future of domestic fusion energy research, ensuring attention to alternative fusion concepts. Directs the Secretary to: (1) transmit to the Congress a comprehensive management plan for fusion energy research based upon the panel's recommendations; (2) establish a mechanism for ongoing independent evaluation of the fusion energy research program; and (3) transmit a status report biennially to the Congress.
Bill· HRH.R. 4553 (103rd)referred
United States · United States Congress · 9 June 1994
Fusion Energy Research Authorization Act of 1994 - Directs the Secretary of Energy to implement a Fusion Energy Research Program to demonstrate the technical and economic feasibility of producing safe, environmentally sound, and affordable energy from fusion. Prescribes program goals and elements. Directs the Secretary to contract with the National Academy of Sciences to review various magnetic fusion technologies and alternative fusion concepts with respect to their commercial viability. Instructs the Secretary to: (1) submit a comparisons study to the Congress regarding the siting of the International Thermonuclear Experimental Reactor (ITER); (2) seek to reach an agreement with international partners to select a host country for ITER; (3) initiate a process to identify candidate sites for ITER within the United States; and (4) provide within a certain time period a detailed estimate to the Congress of final ITER project costs. Directs the Secretary to submit reports to the Congress on: (1) a parallel design effort on the Tokamak Physics Experiment; (2) the Fusion Energy Research Program; and (3) resource sharing with the Secretary of Defense to enhance the civilian energy applications of the Defense Inertial Confinement Fusion Program. Repeals the five-year fusion energy program established under the Energy Policy Act of 1992. Directs the Secretary to form a new University Radiation Science and Technology Program comprised of: (1) the Nuclear Engineering Research and Education Program; (2) the University Research Reactor Program; and (3) the University Reactor Fuel Assistance Program. Directs the Secretary to establish a fee collection program for certain ITER purposes and the Tokamak Physics Experiment. Authorizes appropriations for: (1) the Alternative Fusion Research Program; (2) the Tokamak Physics Experiment; and (3) the University Radiation Science and Technology Program. Sets limitations upon funding for ITER construction and for magnetic fusion facilities.
Resolution· HRESH.Res. 449 (103rd)passed
United States · United States Congress · 9 June 1994
Waives points of order against the consideration of H.R. 4506 (FY 1995 appropriations for energy and water development).
Bill· HRH.R. 4548 (103rd)open
United States · United States Congress · 8 June 1994
Amends the Internal Revenue Code to exclude from gross income the value of any subsidy provided by a public utility to a customer for the purchase or installation of energy or water conservation measures. Allows water utilities a deduction for water conservation expenditures.
Bill· HRH.R. 4523 (103rd)open
United States · United States Congress · 26 May 1994
Mancos Project Private Power Development Authorization Act of 1994 - Authorizes the Secretary of the Interior to enter into a lease with the Mancos Water Conservancy District for hydroelectric power privileges at the Mancos Project, Colorado. Provides lease conditions. Allows the District to receive revenues from the sale of power generated notwithstanding provisions of the Water Conservation and Utilization Act.
Law· HRH.R. 4539 (103rd)enacted
United States · United States Congress · 26 May 1994
TABLE OF CONTENTS: Title I: Department of the Treasury Title II: Postal Service Title III: Executive Office of the President and Funds Appropriated to the President Title IV: Independent Agencies Title V: General Provisions Title VI: Governmentwide General Provisions Treasury, Postal Service and General Government Appropriations Act, 1995 - Title I: Department of the Treasury - Treasury Department Appropriations Act, 1995 - Makes appropriations to the Department of the Treasury and its related agencies for FY 1995. Sets forth provisions on the uses of such appropriations. Title II: Postal Service - Postal Service Appropriations Act, 1995 - Makes appropriations to the Postal Service Fund for FY 1995. Title III: Executive Office of the President and Funds Appropriated to the President - Executive Office Appropriations Act, 1995 - Makes appropriations for FY 1995 for the Executive Office of the President and related offices and programs. Title IV: Independent Agencies - Independent Agencies Appropriations Act, 1995 - Makes appropriations for FY 1995 for the following independent agencies: (1) the Administrative Conference of the United States; (2) the Advisory Commission on Intergovernmental Relations; (3) the Committee for Purchase from People who are Blind or Severely Disabled; (4) the Federal Election Commission; (5) the Federal Labor Relations Authority; (6) the General Services Administration; (7) the Merit Systems Protection Board; (8) the National Archives and Records Administration; (9) the Office of Government Ethics; (10) the Office of Personnel Management; (11) the Office of Inspector General; (12) the Office of Special Counsel; and (13) the United States Tax Court. Specifies uses of funds provided to the General Services Administration. Title V: General Provisions (This Act) - Sets forth certain prohibitions and limitations on the use of appropriations made under this Act. (Sec. 515) Prohibits funding for former Presidents for allowances and office staff from being used for partisan political activities. (Sec. 517) Requires FY 1995 pay raises to be absorbed within levels appropriated by this Act. (Sec. 523) Requires entities appropriated funds under this Act to comply with the Buy American Act. Expresses the sense of the Congress to such effect. (Sec. 526) Prohibits the relocation of any Federal agency, bureau, office or other entity if the sole reason for the relocation is that locality pay was increased. (Sec. 527) Amends the Harmonized Tariff Schedule of the United States to suspend the duty on woven fabrics of synthetic filament yarn intended for use in the manufacture of certain hot air balloons. Title VI: Governmentwide General Provisions - Sets forth certain requirements for and prohibitions and limitations on the use of appropriations by departments, agencies, and corporations. (Sec. 608) Authorizes Federal agencies to receive and use funds resulting from the sale of materials recovered through recycling or waste prevention programs. (Sec. 628) Requires all Federal departments, agencies, or instrumentalities to have and administer a written policy designed to ensure that all of its workplaces are free from discrimination and sexual harassment and that all of its workplaces are not in violation of title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973. (Sec. 629) Authorizes Federal agencies, except the Department of Defense, to utilize savings resulting from energy conservation measures for additional specific energy efficiency or water conservation projects. (Sec. 630) Amends Federal law to grant Federal employees up to seven days of paid leave to serve as bone-marrow or organ donors. Authorizes the use of sick leave for purposes relating to the adoption of a child. (Sec. 631) Increases the Federal rates of basic pay by two percent for FY 1995. Decreases the applicable percentage rate for determining locality-based comparability payments. Negates presidential authority to fix an alternative level for such payments. (Sec. 632) Amends the Federal Workforce Restructuring Act of 1994 to apply the limitations on full-time equivalent positions or the restrictions on hiring to agencies that are otherwise exempt.
Law· HRH.R. 4506 (103rd)enacted
United States · United States Congress · 26 May 1994
TABLE OF CONTENTS: Title I: Department of Defense-Civil Title II: Department of the Interior Title III: Department of Energy Title IV: Independent Agencies Energy and Water Development Appropriations Act, 1995 - Title I: Department of Defense-Civil - Makes appropriations for FY 1995 for: (1) authorized civil functions of the Department of the Army relating to rivers and harbors, flood control, beach erosion, and related purposes; (2) expenses necessary for the collection and study of information related to such purposes; (3) the prosecution of authorized water development and related projects; (4) certain flood control projects on the Mississippi River and its related tributaries; (5) water development projects operation and maintenance; (6) regulatory programs; (7) flood control and coastal emergencies; (8) oil spill research; and (9) general expenses. Reduces certain amounts previously available for obligation in FY 1995. Title II: Department of the Interior - Makes appropriations for: (1) carrying out the Central Utah Project Completion Act; (2) the Bureau of Reclamation; (3) general investigation of proposed Federal reclamation projects; (4) project construction and rehabilitation; (5) project operation and maintenance; (6) the Central Valley Project Restoration Fund; and (7) general, special, and emergency funds. Cancels specified amounts from the offsetting collections credited to the working Capital Fund due to: (1) reduced rental charges; and (2) efficiencies in the procurement process. Title III: Department of Energy - Makes appropriations to the Department of Energy (DOE) for FY 1995 for: (1) energy supply, research and development activities; (2) uranium supply and enrichment activities; (3) the Uranium Enrichment Decontamination and Decommissioning Fund; (4) general DOE science and research activities; (5) the Nuclear Waste Disposal Fund; (6) the Isotope Production and Distribution Program Fund; (7) atomic energy defense weapons activities; (8) defense environmental restoration and waste management; (9) DOE materials support and other DOE defense programs; (10) defense nuclear waste disposal; (11) DOE administration expenses; (12) Office of the Inspector General; (13) operation, maintenance, construction, rehabilitation, and funding expenses of the various geographical power administrations of DOE; and (14) salaries and expenses of the Federal Energy Regulatory Commission. Title IV: Independent Agencies - Makes appropriations for FY 1995 for: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delaware River Basin Commission; (4) the Interstate Commission on the Potomac River Basin; (5) the Nuclear Regulatory Commission; (6) the Office of the Inspector General; (7) the Nuclear Waste Technical Review Board and the Nuclear Waste Negotiator; (8) the Susquehanna River Basin Commission; and (9) the Tennessee Valley Authority.
Record· NominationPN1427 (103rd)open
United States · United States Senate · 24 May 1994
Bill· HRH.R. 4473 (103rd)referred
United States · United States Congress · 23 May 1994
TABLE OF CONTENTS: Title I: Work Requirements for Welfare Recipients Title II: Promotion of Marriage and Social Responsibility Subtitle A: Welfare Benefits Subtitle B: Grants for Assistance to Children Born Out-of-Wedlock Subtitle C: Removal of Barriers to Interethnic Adoption Subtitle D: Tax Credit for Certain Low-Income Families Title III: Child Support Enforcement Title IV: Specific Reforms in Welfare Spending Title V: State Options and Miscellaneous Provisions Title VI: Capping the Aggregate Growth of Welfare Spending Real Welfare Reform Act of 1994 - Title I: Work Requirements for Welfare Recipients - Amends Part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to require each State, as a condition of participation in the AFDC program, to establish a workfare and dependency reduction program meeting specified requirements. (Sec. 101) Sets forth program participation requirements for parents in the AFDC unemployed parent program and certain noncustodial parents, including a specified mix of weekly community work service and job search activities or benefits to wages program participation. Specifies participation requirements for each adult AFDC recipient in a single-adult family. Requires States to establish: (1) a community work service program under which a participating individual shall work for a public or nonprofit private sector organization; and (2) a benefits to wages program under which an individual shall work for a qualified private employer whom the Secretary of Health and Human Services (HHS) shall pay a wage subsidy on behalf of such individual equal to the amount of AFDC allotment and the cash value of food stamp benefits the individual would otherwise receive. Sets forth penalties (including allotment reductions and eligibility denials) for individuals, including noncustodial parents, who fail to meet participation requirements. Prohibits participating organizations or entities from replacing any employed workers with participating AFDC individuals. Specifies payments to States for welfare and dependency reduction programs. Requires State plans to require custodial parents under 19 years old who have not successfully completed a high-school education to participate in an educational activity, either a high-school diploma or equivalency degree program or other training or work activities. Amends the Internal Revenue Code to provide for advance payments of the earned income tax credit to employees in a benefits to wages program. (Sec. 102) Amends the Food Stamp Act of 1977 to deny food stamp eligibility to any able-bodied individual belonging to a household otherwise eligible for food stamps if that individual has not performed at least 32 hours of work on behalf of a State, or local government, through a program established by that government, during the preceding month. (Sec. 103) Specifies job search requirements for AFDC applicants and recipients with children over five years old. Title II: Promotion of Marriage and Social Responsibility - Subtitle A: Welfare Benefits - Declares the sense of the Congress that: (1) marriage is the foundation of a successful society; and (2) in view of specified negative consequences of out-of-wedlock birth on the child, the mother, and society, the reduction of such births is an important government interest. (Sec. 201) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require State plans and State food stamp agencies, respectively, with specified exceptions, to deny AFDC payments for a child born to any unmarried individual under 26 (or later age, if the State so determines). Allows such payments if the child is legally adopted or if the child's custodian marries an individual who assumes lawful paternity or permanent legal guardianship and financial responsibility for the child. Amends the United States Housing Act of 1937 to require public housing contracts to provide for denial of housing and rental assistance in the same circumstances. (Sec. 202) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require similar denial of benefits with respect to any additional children born while the custodial parent was receiving assistance. (Sec. 203) Amends SSA title IV Part A (AFDC) to require reductions in AFDC payments to a family where a child has been born for whom paternity has not been established. Provides for such payments, notwithstanding such denial policy, for a child of up to four months old if some identifying information on the putative father is provided. Subtitle B: Grants for Assistance to Children Born Out-Of-Wedlock - Amends SSA title IV Part A (AFDC) to provide for grants to States for programs to discourage out-of-wedlock births and to care for children born out-of-wedlock. Allows the use of such funds to: (1) establish or expand out-of-wedlock pregnancy reduction programs; (2) promote adoption; (3) establish and operate orphanages; and (4) establish and operate closely supervised residential group homes for unwed mothers. (Sec. 211) Prohibits payments to: (1) parents of out-of-wedlock children; or (2) such children if parent and child live in any conventional residential or community setting, including a relative's household or a household headed by the custodial parent. Subtitle C: Removal of Barriers to Interethnic Adoption - Prohibits any agency or entity involved in adoption or foster care placements and receiving Federal assistance from: (1) categorically denying any person the opportunity to become an adoptive or a foster parent on the basis of the race, color, or national origin of such person or of the child involved; or (2) delaying or denying the placement of a child for adoption or into foster care, or otherwise discriminate in making a placement decision, on such basis with respect to the adoptive or foster parent or child. Permits an agency to consider the race, color, or national origin of a child as a factor in making a placement decision if such factor is relevant to the child's best interests and is considered in conjuction with other factors. Grants any aggrieved individual the right to seek relief in the U.S. district court. Subtitle D: Tax Credit for Certain Low-Income Families - Amends the Internal Revenue Code to allow an additional earned income tax credit for a married individual who: (1) has lived together with his or her spouse at all times during the marriage during the taxable year; and (2) has earned at least $8,500 in income for such year. Title III: Child Support Enforcement - Directs the Secretary of the Treasury to establish a system for the reporting of information relating to child support obligations of employees, including mandatory reporting of such information on W-4 forms. (Sec. 302) Amends SSA title IV Part A (AFDC) to require State agencies to: (1) maintain child support order registries; (2) make all pertinent State records accessible to any agency of any other State through the Interstate Locate Network; (3) give custodial parents access to State parent locator services to aid in establishment and enforcement of child support obligations against noncustodial parents; and (4) give noncustodial parents access to such services to aid in establishment of visitation rights. (Sec. 303) Provides for expansion of the Parent Locator Service. Directs the HHS Secretary to establish an Interstate Locate Network linking the Parent Locator Service and all State databases. Requires regulations governing information sharing among States, within States, and between the States and the Parent Locator Service. (Sec. 304) Amends SSA title IV Part A (AFDC) to require States to have laws requiring employers to withhold child support pursuant to uniform income withholding orders. (Sec. 305) Requires the responsible unit within HHS to develop: (1) a uniform abstract of a child support order containing specified terms for use by all State courts; and (2) procedures providing for voluntary establishment or acknowledgement of paternity. (Sec. 306) Waives the application and genetic testing fees for any individual receiving child support collection or paternity determination services who has been denied AFDC, food stamp, and housing assistance under this Act. Title IV: Specific Reforms in Welfare Spending - Amends the National School Lunch Act to reduce the income eligibility guidelines for reduced price lunches from 185 to 130 percent of the applicable family-size nonfarm income levels. (Sec. 402) Repeals the Mickey Leland Childhood Hunger Relief Act. Applies the Food Stamp Act of 1977 as if the Mickey Leland Childhood Hunger Relief Act had not been enacted. (Sec. 403) Amends the Revenue Reconciliation Act of 1993 to repeal the mandates and authorities for empowerment zones and enterprise communities. (Sec. 404) Amends SSA title IV Part A (AFDC) to reduce by 25 percent monthly benefits to AFDC families who also receive public housing benefits. (Sec. 405) Reduces the authorization of appropriations for social services block grants for each fiscal year after FY 1994. (Sec. 406) Limits specified welfare benefits, currently available to aliens, to U.S. citizens only. Declares that it is the policy of the Congress that States and local educational agencies should not be required to provide a free public elementary or secondary education to any individual who is not a U.S. citizen, a lawful resident alien, or an alien permanently residing in the United States under color of law. Requires a State or local educational agency to notify the Attorney General whenever it learns of a public school child who does not belong to any such category. Requires immediate deportation proceedings against such child. (Sec. 407) Amends SSA title XVI (Supplemental Security Income (SSI) for the Aged, Blind, and Disabled) to direct the HHS Secretary to issue vouchers in lieu of cash benefits to each eligible child under 18 to cover the cost of certain medical expenses. (Sec. 408) Requires an eligibility review during the year after the 18th birthday of any individual receiving disability benefits. (Sec. 409) Requires a specified reduction of the authorization of appropriations for low-income home energy assistance for any fiscal year. Title V: State Options and Miscellaneous Provisions - Amends SSA title IV Part A (AFDC), the Food Stamp Act of 1977, and the United States Housing Act of 1937 to allow States the option to: (1) place a time limit on AFDC, food stamp, and housing assistance to any individual; and (2) apply that time limit to any household moving to a State from another State with such a time limit. (Sec. 502) Amends SSA title IV Part A (AFDC) to give a State the option to treat interstate immigrants under the AFDC benefit rules of their former State. (Sec. 503) Directs the Secretary of Labor, in cooperation with the States, to conduct ongoing evaluations of Federal and State job training programs. Authorizes appropriations. (Sec. 504) Amends specified parts of the Social Security Act, the Food Stamp Act of 1977, and the United States Housing Act of 1937 to require safeguards and information exchange among law enforcement agencies to ensure that fugitive felons and probation and parole violators do not receive Medicaid, AFDC benefits, food stamps, SSI, or housing assistance. Requires public housing agencies to furnish Federal, State or local law enforcement agencies, upon request, the current address of any assistance recipient identified as a fugitive felon or probation or parole violator. Title VI: Capping the Aggregate Growth of Welfare Spending - Specifies FY 1995 through 1996 and subsequent fiscal year caps on Federal spending on certain welfare programs. (Sec. 602) Directs the HHS Secretary to make welfare block grants to the States for aid to low-income households. Prohibits the use of such funds for abortions or for any counseling related to abortion. Sets forth general work, job search, and training requirements for aid recipients, as well as certain participation requirements for States. Denies cash or direct food assistance to young unwed parents as under title II of this Act, or to noncitizens, fugitive felons, or probation or parole violators. (Sec. 603) Terminates funding and State obligations under specified cash, medical, housing, energy, education, jobs and training, social services, and low-income community aid welfare programs as of the end of FY 1994. (Sec. 604) Dedicates to deficit reduction all Federal savings under the spending cap mandated by this title. Requires the adjustment of the present discretionary spending caps for the net increase in discretionary spending that results from the creation of the welfare block grant as a replacement for current welfare entitlement programs. (Sec. 605) Sets forth special rules, upon termination of the AFDC program, with respect to grants for assistance to children born out-of-wedlock. (Sec. 606) Amends SSA title XIX (Medicaid) with respect to Medicaid eligibility criteria after enactment of this Act. Authorizes States to request a waiver to simplify such criteria. Requires the HHS Secretary to review and approve such requests only if Federal Medicaid expenditures will not be increased as a result.
Record· NominationPN1422 (103rd)open
United States · United States Senate · 19 May 1994
Bill· SS. 2134 (103rd)referred
United States · United States Congress · 19 May 1994
TABLE OF CONTENTS: Title I: Work Requirements for Welfare Recipients Title II: Promotion of Marriage and Social Responsibility Subtitle A: Welfare Benefits Subtitle B: Grants for Assistance to Children Born Out-of-Wedlock Subtitle C: Tax Credit for Certain Low-Income Families Subtitle D: Expansion of Abstinence Education Title III: Child Support Enforcement Title IV: Specific Reforms in Welfare Spending Title V: State Options and Miscellaneous Provisions Title VI: Capping the Aggregate Growth of Welfare Spending Welfare Reform Act of 1994 - Title I: Work Requirements for Welfare Recipients - Amends Part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to require each State, as a condition of participation in the AFDC program, to establish a workfare and dependency reduction program meeting specified requirements. (Sec. 101) Sets forth program participation requirements for parents in the AFDC unemployed parent program and certain noncustodial parents, including a specified mix of weekly community work service and job search activities or benefits to wages program participation. Specifies participation requirements for each adult AFDC recipient in a single-adult family. Requires States to establish: (1) a community work service program under which a participating individual shall work for a public or nonprofit private sector organization; and (2) a benefits to wages program under which an individual shall work for a qualified private employer whom the Secretary of Health and Human Services (HHS) shall pay a wage subsidy on behalf of such individual equal to the amount of AFDC allotment and the cash value of food stamp benefits the individual would otherwise receive. Sets forth penalties (including allotment reductions and eligibility denials) for individuals, including noncustodial parents, who fail to meet participation requirements. Prohibits participating organizations or entities from replacing any employed workers with participating AFDC individuals. Specifies payments to States for welfare and dependency reduction programs. Requires State plans to require custodial parents under 19 years old who have not successfully completed a high-school education to participate in an educational activity, either a high-school diploma or equivalency degree program or other training or work activities. Amends the Internal Revenue Code to provide for advance payments of the earned income tax credit to employees in a benefits to wages program. (Sec. 102) Amends the Food Stamp Act of 1977 to deny food stamp eligibility to any able-bodied individual belonging to a household otherwise eligible for food stamps if that individual has not performed at least 32 hours of work on behalf of a State or local government, through a program established by that government, during the preceding month. (Sec. 103) Specifies job search requirements for AFDC applicants and recipients with children over five years old. Title II: Promotion of Marriage and Social Responsibility - Subtitle A: Welfare Benefits - Declares the sense of the Congress that: (1) marriage is the foundation of a successful society; and (2) in view of specified negative consequences of out-of-wedlock birth on the child, the mother, and society, the reduction of such births is an important government interest. (Sec. 201) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require State plans and State food stamp agencies, respectively, with specified exceptions, to deny AFDC payments for a child born to any unmarried individual under 26 (or later age, if the State so determines). Allows such payments if the child is legally adopted or if the child's custodian marries an individual who assumes lawful paternity or permanent legal guardianship and financial responsibility for the child. Amends the United States Housing Act of 1937 to require public housing contracts to provide for denial of housing and rental assistance in the same circumstances. (Sec. 202) Amends SSA title IV Part A (AFDC) and the Food Stamp Act of 1977 to require similar denial of benefits with respect to any additional children born while the custodial parent was receiving assistance. (Sec. 203) Amends SSA title IV Part A (AFDC) to require reductions in AFDC payments to a family where a child has been born for whom paternity has not been established. Provides for such payments, notwithstanding such denial policy, for a child of up to four months old if some identifying information on the putative father is provided. Subtitle B: Grants for Assistance to Children Born Out-Of-Wedlock - Amends SSA title IV Part A (AFDC) to provide for grants to States for programs to discourage out-of-wedlock births and to care for children born out-of-wedlock. Allows the use of such funds to: (1) establish or expand out-of-wedlock pregnancy reduction programs; (2) promote adoption; (3) establish and operate orphanages; and (4) establish and operate closely supervised residential group homes for unwed mothers. (Sec. 211) Prohibits payments to: (1) parents of out-of-wedlock children; or (2) such children if parent and child live in any conventional residential or community setting, including a relative's household or a household headed by the custodial parent. Subtitle C: Tax Credit for Certain Low-Income Families - Amends the Internal Revenue Code to allow an additional earned income tax credit for a married individual who: (1) has lived together with his or her spouse at all times during the marriage during the taxable year; and (2) has earned at least $8,500 in income for such year. Subtitle D: Expansion of Abstinence Education - Directs the HHS Secretary to make grants to States and public and private entities to establish educational programs beginning in the sixth grade or later that emphasize the social, psychological, and health gains to be derived from abstaining from sexual activity while unmarried. Authorizes appropriations. Title III: Child Support Enforcement - Directs the Secretary of the Treasury to establish a system for the reporting of information relating to child support obligations of employees, including mandatory reporting of such information on W-4 forms. (Sec. 302) Amends SSA title IV Part A (AFDC) to require State agencies to: (1) maintain child support order registries; (2) make all pertinent State records accessible to any agency of any other State through the Interstate Locate Network; (3) give custodial parents access to State parent locator services to aid in establishment and enforcement of child support obligations against noncustodial parents; and (4) give noncustodial parents access to such services to aid in establishment of visitation rights. (Sec. 303) Provides for expansion of the Parent Locator Service. Directs the HHS Secretary to establish an Interstate Locate Network linking the Parent Locator Service and all State databases. Requires regulations governing information sharing among States, within States, and between the States and the Parent Locator Service. (Sec. 304) Amends SSA title IV Part A (AFDC) to require States to have laws requiring employers to withhold child support pursuant to uniform income withholding orders. (Sec. 305) Requires the responsible unit within HHS to develop: (1) a uniform abstract of a child support order containing specified terms for use by all State courts; and (2) procedures providing for voluntary establishment or acknowledgement of paternity. (Sec. 306) Waives the application and genetic testing fees for any individual receiving child support collection or paternity determination services who has been denied AFDC, food stamp, and housing assistance under this Act. Title IV: Specific Reforms in Welfare Spending - Amends the National School Lunch Act to reduce the income eligibility guidelines for reduced price lunches from 185 to 130 percent of the applicable family-size nonfarm income levels. (Sec. 402) Repeals the Mickey Leland Childhood Hunger Relief Act. Applies the Food Stamp Act of 1977 as if the Mickey Leland Childhood Hunger Relief Act had not been enacted. (Sec. 403) Amends the Revenue Reconciliation Act of 1993 to repeal the mandates and authorities for empowerment zones and enterprise communities. (Sec. 404) Amends SSA title IV Part A (AFDC) to reduce by 25 percent monthly benefits to AFDC families who also receive public housing benefits. (Sec. 405) Repeals the Davis-Bacon Act (which requires Federal contractors and subcontractors to pay prevailing wages). (Sec. 406) Reduces the authorization of appropriations for social services block grants for each fiscal year after FY 1994. (Sec. 407) Limits specified welfare benefits, currently available to aliens, to U.S. citizens only. Declares that it is the policy of the Congress that States and local educational agencies should not be required to provide a free public elementary or secondary education to any individual who is not a U.S. citizen, a lawful resident alien, or an alien permanently residing in the United States under color of law. Requires a State or local educational agency to notify the Attorney General whenever it learns of a public school child who does not belong to any such category. Requires immediate deportation proceedings against such child. (Sec. 408) Amends SSA title XVI (Supplemental Security Income (SSI) for the Aged, Blind, and Disabled) to direct the HHS Secretary to issue vouchers in lieu of cash benefits to each eligible child under 18 to cover the cost of certain medical expenses. (Sec. 409) Requires an eligibility review during the year after the 18th birthday of any individual receiving disability benefits. (Sec. 410) Requires a specified reduction of the authorization of appropriations for low-income home energy assistance for any fiscal year. Title V: State Options and Miscellaneous Provisions - Amends SSA title IV Part A (AFDC), the Food Stamp Act of 1977, and the United States Housing Act of 1937 to allow States the option to: (1) place a time limit on AFDC, food stamp, and housing assistance to any individual; and (2) apply that time limit to any household moving to a State from another State with such a time limit. (Sec. 502) Amends SSA title IV Part A (AFDC) to give a State the option to treat interstate immigrants under the AFDC benefit rules of their former State. (Sec. 503) Directs the Secretary of Labor, in cooperation with the States, to conduct ongoing evaluations of Federal and State job training programs. Authorizes appropriations. (Sec. 504) Amends specified parts of the Social Security Act, the Food Stamp Act of 1977, and the United States Housing Act of 1937 to require safeguards and information exchange among law enforcement agencies to ensure that fugitive felons and probation and parole violators do not receive Medicaid, AFDC benefits, food stamps, SSI, or housing assistance. Requires public housing agencies to furnish Federal, State or local law enforcement agencies, upon request, the current address of any assistance recipient identified as a fugitive felon or probation or parole violator. Title VI: Capping the Aggregate Growth of Welfare Spending - Specifies FY 1995 through 1996 and subsequent fiscal year caps on Federal spending on certain welfare programs. (Sec. 602) Directs the HHS Secretary to make welfare block grants to the States for aid to low-income households. Prohibits the use of such funds for abortions or for any counseling related to abortion. Sets forth general work, job search, and training requirements for aid recipients, as well as certain participation requirements for States. Denies cash or direct food assistance to young unwed parents as under title II of this Act, or to noncitizens, fugitive felons, or probation or parole violators. (Sec. 603) Terminates funding and State obligations under specified cash, medical, housing, energy, education, jobs and training, social services, and low-income community aid welfare programs as of the end of FY 1994. (Sec. 604) Dedicates to deficit reduction all Federal savings under the spending cap mandated by this title. Requires the adjustment of the present discretionary spending caps for the net increase in discretionary spending that results from the creation of the welfare block grant as a replacement for current welfare entitlement programs. (Sec. 605) Sets forth special rules, upon termination of the AFDC program, with respect to grants for assistance to children born out-of-wedlock. (Sec. 606) Amends SSA title XIX (Medicaid) with respect to Medicaid eligibility criteria after enactment of this Act. Authorizes States to request a waiver to simplify such criteria. Requires the HHS Secretary to review and approve such requests only if Federal Medicaid expenditures will not be increased as a result.
Bill· HRH.R. 4460 (103rd)referred
United States · United States Congress · 19 May 1994
Water Resources Development Act of 1994 - Amends the Water Resources Development Act of 1986 to require a 25 percent non-Federal share of the cost of environmental protection and restoration activities under the Act. (Sec. 6) Requires amounts recovered by the Secretary of the Army for the cleanup of hazardous or toxic substances in support of the Army Civil Works program to be credited to the appropriate Trust Fund Account from which the cost of taking such action is paid. (Sec. 7) Amends the Act to provide for the temporary protection of technology developed as a result of research and development (R&D) activities conducted by the Corps of Engineers which is likely to be subject to a cooperative R&D agreement within two years of such development. (Sec. 8) Amends the National Dam Safety Act to authorize appropriations annually (currently through FY 1992) for continuously maintaining an updated inventory of all dams located in the United States. (Sec. 9) Authorizes the Secretary, in maintaining hydroelectric power generating facilities at projects under the jurisdiction of the Army, to increase the efficiency of energy production or the capacity of such facilities, if certain conditions are met. (Sec. 10) Authorizes the Secretary to undertake surveys, plans, and studies and to prepare reports which may lead to work under existing civil works authorities or to recommendations for authorizations. Authorizes appropriations. (Sec. 11) Authorizes the Secretary to make lump-sum payments to non-Federal sponsors for the Federal share of operation, maintenance, replacement, and rehabilitation costs of civil works projects after completion of construction of the project or a separable element thereof, with conditions. (Sec. 12) Requires recommendation to the Congress by the Secretary that a non-Federal sponsor bear 50 percent of the cost of any proposed modification of an existing authorized project by removal of a project feature which would significantly and adversely impact the project purpose or output. (Sec. 13) Amends the Water Resources Development Act of 1990 to terminate the technical advisory committee established to provide to the Secretary and the Corps recommendations on reservoir monitoring and research. (Sec. 15) Amends the: (1) Act to revise a reporting requirement and to defeat a project deauthorization if funds for planning or design (currently, only construction) have been obligated within a 30-month period; and (2) Water Resources Development Act of 1988 to repeal a five-year limitation on the period during which funds must be obligated to prevent project deauthorization. (Sec. 16) Directs the Secretary to establish a goal of awarding five percent of the total amount of civil works funds obligated for Army contracts and subcontracts during FY 1994 through 2000 to small business concerns owned and controlled by socially and economically disadvantaged individuals and to historically Black colleges and minority institutions. Outlines procurement procedures. (Sec. 17) Amends the Act to revise provisions concerning cost-sharing for dam safety work. (Sec. 18) Repeals a provision of the River and Harbor Act of 1950 providing for expenses of Corps representatives at international engineering or scientific conferences. (Sec. 19) Authorizes the Secretary to enter into contracts, cooperative agreements, and grants with non-Federal entities for R&D in support of Army civil works programs. (Sec. 20) Authorizes the Secretary to engage in activities in interagency or international support of problems of national significance to the United States, with conditions. (Sec. 21) Amends the Water Resources Development Act of 1988 to allow the Secretary to take appropriate measures if he determines that the operation of a water resource project has contributed to the degradation of the quality of the environment. (Sec. 22) Establishes in the Treasury the Army Civil Works Regulatory Program Fund for deposit of fees collected for commercial permits, environmental impact statements, and wetlands delineations. Authorizes the appropriation of the funds collected to the Secretary for administrative costs related to regulation of navigable waters and wetlands of the United States.
Bill· SS. 2124 (103rd)open
United States · United States Congress · 17 May 1994
Mancos Project Private Power Development Authorization Act of 1994 - Authorizes the Secretary of Energy to enter into a lease of power privileges at the Mancos Project, Colorado, with the Mancos Water Conservancy District for a maximum period of 40 years. States that: (1) moneys derived from such lease shall be covered into a certain reclamation fund; and (2) the Mancos Water Conservancy District may receive revenues from the sale of the power generated at the project.
Bill· SS. 2115 (103rd)open
United States · United States Congress · 13 May 1994
Amends the Federal Power Act to remove from the licensing jurisdiction of the Federal Energy Regulatory Commission hydroelectric power projects on fresh waters in the State of Hawaii.
Bill· HRH.R. 4411 (103rd)referred
United States · United States Congress · 12 May 1994
TABLE OF CONTENTS: Title I: National Environmental Response Training Program Subtitle A: Certification, Training, and Accreditation Program Subtitle B: Health and Safety Program Title II: National Environmental Response Employment Program Title III: Federal Environmental Coordination Committee and Related Provisions Title IV: Administration and Enforcement National Environmental Training and Employment Act of 1994 - Provides for training, health and safety, employment opportunities, and certification for environmental response employees and employers, emergency responders, and environmental training providers. Authorizes appropriations to carry out the various titles of this Act. Allows other funds to be used to carry out this Act from appropriations for programs, projects, or activities administered by the Departments of Defense, of Energy, of Housing and Urban Development, of the Interior, of Labor, and of Health and Human Services (HHS), and the Environmental Protection Agency. Title I: National Environmental Response Training Program - Subtitle A: Certification, Training, and Accreditation Program - Directs the Secretary of Labor (the Secretary) to establish a National Environmental Training Program to: (1) certify environmental response employers (through a National Certification Program in the Department of Labor); (2) train and certify environmental response employees and emergency responders; and (3) accredit environmental training providers. Subtitle B: Health and Safety Program - Directs the Secretary to establish a national safety and health program covering environmental response employees and emergency responders. Allows such program to be implemented and managed, at the Secretary's discretion, by the National Institute for Occupational Safety and Health. Requires such program to include minimum standard medical examination protocols, a medical surveillance program, and a national injury/illness/fatality surveillance system. Title II: National Environmental Response Employment Program - Directs the Secretary to establish: (1) a program to ensure employment of minorities and women in activities covered by this Act; and (2) in cooperation with the Secretary of Defense, a program to ensure availability of training and employment in activities covered by this Act for displaced military personnel. Directs the Secretary to provide grants to: (1) public agencies and nonprofit employee organizations qualifying as accredited providers to train environmental emergency responders; (2) joint labor-managed training trust funds and labor organizations accredited as providers for training and related activities for environmental workers subject to this Act; (3) nonprofit veterans' organizations for recruitment and counseling services for recently separated members of the military and other veterans, in connection with environmental response training; and (4) nonprofit minority and women's organizations for recruitment and counseling services for minority and female applicants, in connection with environmental response training. Title III: Federal Environmental Coordination Committee and Related Provisions - Establishes the Federal Environmental Coordination Committee, including the heads of the aforementioned Federal departments and agencies. Provides for: (1) enforcement of this Act through Federal contracting procedures; (2) cooperation with States; (3) accreditation and certification/licensure fees; and (4) environmental workforce research and studies. Title IV: Administration and Enforcement - Directs the Secretary to promulgate regulations to carry out this Act. Authorizes the Secretary to seek judicial relief and civil penalties for failure to comply with this Act.
Bill· HRH.R. 4417 (103rd)open
United States · United States Congress · 12 May 1994
Authorizes appropriations to the Secretary of Energy for the California Public Employees Retirement System for an early retirement incentive established by the University of California for individuals enrolled in the System and employed by the University in federally-paid positions at the Los Alamos National Laboratory, Lawrence Livermore National Laboratory, or Lawrence Berkeley Laboratory.
Bill· SS. 2104 (103rd)open
United States · United States Congress · 11 May 1994
Albert Einstein Distinguished Educator Fellowship Act of 1994 - Authorizes the Secretary of Energy to establish the Department of Energy Albert Einstein Distinguished Educator Fellowship Program to provide fellowships within the National Laboratories to outstanding elementary or secondary school teachers of mathematics or science. Authorizes the Secretary to contract with a contractor to administer the Program. Authorizes appropriations.
Bill· HRH.R. 4394 (103rd)referred
United States · United States Congress · 11 May 1994
Comprehensive One-Call Notification Act of 1994 - Requires the Federal Communications Commission (FCC) to establish a nationwide telephone number to be used by local and regional underground facility location services and by one-call systems established under this Act. Requires each State to establish a comprehensive statewide one-call (call before you dig) notification system in order to protect all underground facilities (underground lines of any kind) from damage due to excavation. Authorizes the Secretary of Transportation to impose sanctions against States for nonparticipation. Sets forth required elements of the one-call systems and penalties for system violations. Directs the Office of Pipeline Safety of the Department of Transportation to draft and make available to States a model one-call system program in order to assist States in complying with this Act. Requires approval from the Secretary of an alternative form of one-call system. Requires State status reports.
Bill· SS. 2093 (103rd)open
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.
Bill· SS. 2082 (103rd)open
United States · United States Congress · 5 May 1994
TABLE OF CONTENTS: Title I: Intelligence Activities Title II: Central Intelligence Agency Retirement and Disability System Title III: General Provisions Title IV: Central Intelligence Agency Title V: Department of Defense Title VI: Federal Bureau of Investigation Intelligence Authorization Act for Fiscal Year 1995 - Title I: Intelligence Activities - Authorizes appropriations for FY 1995 for the conduct of the intelligence activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense (DOD); (3) Defense Intelligence Agency (DIA); (4) National Security Agency (NSA); (5) National Reconnaissance Office; (6) Departments of the Army, Navy, and Air Force; (7) Department of State; (8) Department of the Treasury; (9) Department of Energy; (10) Federal Bureau of Investigation (FBI); and (11) Central Imagery Office (established under this Act). (Sec. 102) Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1995, for such conduct are those specified in the classified Schedule of Authorizations prepared by the conference committee to accompany S. 2082 of the 103d Congress. (Sec. 103) Permits the Director of Central Intelligence (DCI) to authorize the employment of civilian personnel in excess of the number authorized for FY 1995 if such action is necessary to the performance of important intelligence functions, subject to specified limitations. Directs the DCI to promptly notify the House and Senate intelligence committees whenever the DCI exercises such authority. (Sec. 104) Authorizes appropriations for the Community Management Account of the DCI for FY 1995, with funds for the Advanced Research and Development Committee and the Environmental Task Force remaining available until September 30, 1996. Authorizes 221 full-time personnel for the Account as of September 30, 1995. Requires any officer or employee of the United States or a member of the armed forces who is detailed to the Account from another element of the Government during FY 1995 to be detailed on a reimbursable basis, with exceptions. Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1995. Title III: General Provisions - Authorizes amounts to be appropriated in addition to sums authorized for salary, pay, retirement, and other benefits of Federal employees as necessary to cover increases in those benefits authorized by law for FY 1995. (Sec. 302) Specifies that the authorizations of appropriations contained in this Act do not constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. (Sec. 303) Repeals a provision of the Intelligence Authorization Act for FY 1987 restricting intelligence cooperation with South Africa. (Sec. 304) Requires the DCI to submit to the intelligence committees a report setting forth a legislative proposal, coordinated as appropriate with elements of the intelligence community, which would provide for mandatory retirement for expiration of time in class comparable to provisions of the Foreign Service Act of 1980 for all civilian employees of the CIA, NSA, DIA, and the intelligence elements of the Army, Navy, Air Force, and Marine Corps. Title IV: Central Intelligence Agency - Amends the Central Intelligence Agency Act of 1949 to repeal a limitation on the payment of travel expenses and the cost of treatment of illness or injury requiring hospitalization of an officer or full time employee of the CIA where such illness or injury is the result of vicious habits, intemperance, or misconduct. (Sec. 402) Provides for the appointment by the President, by and with the advice and consent of the Senate, of a General Counsel of the CIA from civilian life to be the chief legal officer of the CIA. Title V: Department of Defense - Amends the National Security Act of 1947 to provide for a Central Imagery Office (Office) (currently, central imagery authority). Authorizes the Secretary of Defense to exercise certain authorities pertaining to civilian officers and employees in DIA with respect to such officers and employees of the Office. Specifies that: (1) civilian personnel administrative support for officers and employees of the Office shall remain a responsibility of DIA; and (2) certain authority provided regarding civilian officers and employees of the Office may be delegated by the Secretary of Defense only to the Deputy Secretary of Defense. (Sec. 502) Authorizes the Secretary of Defense to withhold from public disclosure any geodetic product in the possession or under the control of DOD that contains information that the Director of the Defense Mapping Agency has determined in writing would, if disclosed, jeopardize or interfere with ongoing military or intelligence operations. (Sec. 503) Authorizes the Secretary to expend specified funds to establish a National Public Information Center to: (1) survey, collect, store, distribute, and present unclassified information; (2) provide support for training in decisionmaking and for professional education in DOD and the intelligence community; and (3) inform more broadly the American public. Title VI: Federal Bureau of Investigation - Amends the Fair Credit Reporting Act to require a consumer reporting agency to furnish a consumer report to the FBI when presented with a written request signed by the Director of the FBI which certifies compliance with this title. Authorizes the Director to make such a certification only upon determining in writing that: (1) such records are necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer is a foreign power or agent. Sets forth provisions regarding: (1) identifying information; (2) confidentiality; (3) payment of fees; (4) limits on dissemination; and (5) reporting requirements. Provides for damages and disciplinary actions for any Government agency or department obtaining or disclosing consumer information in violation of this Act. Makes remedies and sanctions under this title the only judicial remedies and sanctions for such violations. Authorizes injunctive relief. Authorizes recovery of costs in the event of a successful action.
Bill· SS. 2083 (103rd)referred
United States · United States Congress · 5 May 1994
Mandates that the Secretary of the Treasury and the designee of the Governor of New Mexico enter into an agreement which identifies: (1) former Federal employees eligible for specified payments due to the transfer of certain fire fighting functions from the Department of Energy to Los Alamos County, New Mexico; and (2) payment limitations for such fire fighting services. Restricts the amount of attorney's fees received in connection with lump-sum payments under this Act. Imposes civil penalties for violations of such restriction.
Bill· HRH.R. 4360 (103rd)open
United States · United States Congress · 5 May 1994
Superfund Recycling Equity Act of 1994 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he/she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid or nickel-cadmium batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he/she complied with applicable standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing or recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard.
Bill· HRH.R. 4363 (103rd)referred
United States · United States Congress · 5 May 1994
Lewis and Clark Rural Water System Act of 1994 - Authorizes the Secretary of the Interior to make grants to the Lewis and Clark Rural Water System, Inc., a nonprofit corporation, for the planning and construction of a water supply system to provide service to specified counties in South Dakota, Minnesota, and Iowa. Requires the Secretary to make grants and other funds available to the System and other private, State, and Federal entities for the initial development of the environmental enhancement component. Directs that the water conservation program: (1) be designed to ensure that users of water from the water supply system use the best practicable technology and management techniques to conserve water use; and (2) include provisions for periodic review and revision. Specifies that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water supply system be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction. Requires the Western Area Power Administration to make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply system during the period beginning May 1, and ending October 31, of each year from power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri Basin program. Provides that this Act shall not: (1) limit the authorization for water projects in South Dakota, Iowa, and Minnesota; or (2) preempt State water rights. Specifies the Federal and non-Federal share of the cost. Authorizes the Secretary to allow the Bureau of Reclamation to provide project construction oversight to the water supply system and environmental enhancement component. Authorizes appropriations.