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Resolution· HRESH.Res. 461 (103rd)passed
United States · United States Congress · 22 June 1994
Waives points of order against the consideration of H.R. 4603 (making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for FY 1995 and supplemental appropriations for such entities for FY 1994).
Bill· SS. 2218 (103rd)referred
United States · United States Congress · 21 June 1994
Amends the Stewart B. McKinney Homeless Assistance Act to authorize appropriations for the emergency food and shelter program.
Bill· SS. 2224 (103rd)open
United States · United States Congress · 21 June 1994
TABLE OF CONTENTS: Title I: JOBS Title II: WORK Title III: Child Care Title IV: Provisions with Multi-Program Applicability Title V: Prevention of Dependency Title VI: Child Support Enforcement Title VII: Improving Government Assistance and Preventing Fraud Title VIII: Self Employment/Microenterprise Demonstrations Title IX: Financing Title X: Effective Dates Work and Responsibility Act of 1994 - Title I: JOBS - Amends parts A (Aid to Families with Dependent Children) (AFDC) and F (Job Opportunities and Basic Skills Training Program) (JOBS) of title IV of the Social Security Act (SSA) to revise the Federal welfare system for the purpose of making AFDC a transitional program with the goal of enabling participants to achieve maximum economic independence and self-sufficiency by, among other changes, imposing time-limited AFDC benefits and requiring participation in modified and new State-administered job training and subsidized employment programs that have been designed to eventually move them into the permanent work force and prepare them for a life without welfare by enabling them to get work experience and by requiring them to perform job searches for suitable nonsubsidized employment. (Sec. 101) Modifies current AFDC and JOBS participation requirements. Requires all AFDC recipients (including minor custodial parents not attending school full time) who are able to participate in the JOBS program to so participate, starting in FY 1996 or 1997 on a phased-in basis with custodial parents (including such minor parents) born in 1972 or later, and continuing thereafter with any such additional classes of parents of dependent children or other AFDC applicants or recipients. Requires a recipient unable to participate in the JOBS program because of a third trimester pregnancy, temporary incapacity, or other specified reason, to participate in related preparatory activities the State in appropriate cases may require pursuant to the recipient's employability plan, in order to prepare the recipient for full JOBS participation. Requires suspension for up to six months of the AFDC benefits of a family with a member who is required to participate in JOBS but refuses without good cause to accept the required number of weekly hours of employment offered by a public or private sector employer under the program. Grants States the option of continuing AFDC to the dependent children of any family with a parent who is required to participate in JOBS but fails without good cause to do so and is cut off AFDC for the period specified under current law, while preserving their eligibility under SSA title XIX (Medicaid). Directs the applicable State agency to provide appropriate counseling and other supportive services to assist the parent in addressing such failure. Requires custodial parents below age 20 who do not have a high school diploma (or its equivalent), and are required to participate in JOBS, to participate in an educational activity, regardless of State resource availability as currently conditioned under law. Allows States to apply AFDC sanctions to any individual required to get substance abuse treatment as a condition of JOBS participation who fails to get such treatment. (Sec. 102) Requires the States to implement statewide within two years of initial implementation in FY 1996 or 1997 modified JOBS programs that, with respect to the AFDC recipients required to participate in JOBS, provide for an assessment of such recipient's literacy skills and for expanded education, optional free substance abuse treatment, mandatory job search, and self-employment (including microenterprise) preparation services, in addition to the currently authorized child care and other supportive services. Requires such State JOBS programs to provide any other appropriate services or activities detailed in the recipient's individualized employability plan which the State agrees to provide and the recipient agrees to participate in by signing a personal responsibility agreement, in order to prepare the recipient for either permanent unsubsidized employment or temporary subsidized employment through the new WORK program. Requires such JOBS programs to address participant training for child care providers and nontraditional employment positions. Requires such JOBS programs to require employability plans to: (1) indicate the overall time for achieving their employment goals; and (2) be extended whenever the 24 month limit on AFDC benefits is extended. Subjects them to periodic review and revision to reflect the recipient's progress towards meeting such goals. (Continues with further modifications in the JOBS program as provided below under title II of this Act.) (Sec. 103) Revises JOBS program provisions on dispute resolution and service provision, with changes in the latter provisions: (1) extending their applicability (although modified, and along with additional specified wage, benefit, and working condition requirements) to the WORK program; (2) specifying the components of grievance procedures for resolving regular employee complaints alleging violations of worker displacement prohibitions or other specified work-related requirements; (3) requiring written notification of labor organizations when JOBS program participants are assigned to regular employment positions; (4) establishing an alternative expedited grievance procedure for complaints involving such an assignment; and (5) providing for binding arbitration for adverse grievance decisions. Changes earned income disregards and the limit on Federal reimbursement for State expenditures under work supplementation program provisions. (Sec. 104) Requires the States to generally limit AFDC benefits to 24 months, subject to extension for certain educational purposes, unless they have opted to participate in a limited number of demonstrations using alternative limits. (Sec. 105) Places administrative jurisdiction of the WORK program under the Assistant Secretary for Family Support in the Department of Health and Human Services. Title II: WORK - Adds to SSA title IV part G the WORK program. Requires States to have new programs requiring former JOBS participants who have been cut off AFDC after 24 months without receiving an extension or finding suitable employment to: (1) register with the applicable State agency for an approprate Work assignment of up to one year in the local area, involving placement in a temporary position in a subsidized private or public sector job (including ones as community service and child care providers) that gives them the experience for eventually finding a nonsubsidized job; and (2) conduct job searches for suitable nonsubsidized employment after completing an assignment while awaiting assignment to the next WORK job. (Sec. 201) Allows registrants to receive supplemental AFDC benefits in addition to their WORK earnings, as well as have their Medicaid-eligibility preserved while participating in WORK. Prohibits the upward adjustment of the amount of such supplemental benefits because of any failure to work the required hours for each assignment. Requires the aplicable State agency to conduct a comprehensive assessment at periodic intervals and either reassign the WORK participant to JOBS for additional training or to another assignment if he or she cannot find unsubsidized employment. Details other program provisions, chief among them provisions for: (1) local WORK advisory boards for advising administering agencies; (2) child care and other supportive services; (3) sanctions, hearings, and evaluations following WORK violations; and (4) optional joint JOBS and WORK administration and provision of program services through one-stop career centers. (Sec. 202) Revises current JOBS funding provisions, among other changes: (1) increasing the capped JOBS entitlement beginning in FY 1996, with the level of such entitlement specified for FY 2005 and each fiscal year thereafter adjusted for inflation; (2) limiting entitlement payments under JOBS to a State according to the average monthly number of adult recipients in the State for the preceding fiscal year relative to the number in all States (no longer factoring in the amount allotted to the State for FY 1987); (3) including enhanced Federal matching in the formulae for determining Federal payment with respect to a State's JOBS, WORK, and associated child care support expenditures; (4) establishing similar separate funding for the WORK program and specified set-asides under both programs for Indian tribes and Alaska Native organizations; and (5) earmarking specified funds for use by the Secretary of Health and Human Services (Secretary) to provide to States requesting additional funding for JOBS or WORK in the following fiscal year beyond that which was originally allocated and subsequently reallocated. (Sec. 204) Requires the States to implement modified JOBS programs as described above that, additionally, provide: (1) at the State's option, for a separate program for job training and employment opportunities for non-custodial parents without requiring their participation in JOBS or WORK in order to participate in the separate program; (2) for revised components for Indian tribes and Alaska Native organizations, among other changes, making such components applicable to such entities applying to conduct WORK programs, and to provide funding for Indian and Alaska Native child care under the AFDC, JOBS, and WORK programs; and (3) for special rules for territories regarding applicability of the 24 month limit on AFDC benefits and the WORK program. (Sec. 205) Amends SSA title XI to remove WORK and "at-risk" family child care from the territorial cap. (Sec. 207) Amends the Internal Revenue Code (IRC) to exempt earnings from WORK employment from being: (1) subject to Federal income and unemployment taxes; and (2) treated as earned income or qualified wages for purposes of the earned income and targeted jobs tax credits. Title III: Child Care - Makes various specified changes with regard to AFDC's child care support programs, including those largely conforming to the provisions of this Act concerning child care support for JOBS and WORK participants. Provides, in addition, for transitional child care for individuals leaving the WORK program. Provides also, with respect to AFDC recipients, JOBS and WORK participants, transitional child care recipients, and "at-risk" families, for parental rights and child care health and safety standards consistent with those under the Child Care and Development Block Grant Act of 1990 (Child Care Block Grant Act), including requirements for proper child immunizations and protection against toxic substances and weapons at sites where child care is provided. (Sec. 302) Provides for: (1) family cost-sharing for transitional and "at-risk" family child care consistent with the methodology used under the Child Care Block Grant Act; (2) "at-risk" family child care only in cases where the family involved is not eligible for other SSA title IV part A child care support programs, and regardless of whether they need child care in order to work; and (3) modified State payment and Federal reimbursement rules, among other changes making State licensing and monitoring activities with respect to child care providers reimbursable as an administrative cost. (Sec. 304) Provides for: (1) optional administration of AFDC's child care support programs by the lead State agency designated under the Child Care Block Grant Act; (2) establishment of a set-aside in the "at-risk" family child care support program for improving the quality and increasing the supply of appropriate child care for low-income communities; (3) increased Federal funding for the "at-risk" family child care support program as well as a new enhanced Federal match for that program consistent with that for other SSA title IV part A services; and (4) reallotment of unused "at-risk" funds to States with expenditures exceeding applicable limits. (Sec. 307) Provides for offering working AFDC families a supplement if certain earned income disregard provisions are applied in order to guarantee child care. Title IV: Provisions with Multi-Program Applicability - Revises current JOBS performance standards and AFDC quality control and management information system provisions. Provides for: (1) an outcome-based performance standards system for measuring the extent to which JOBS and WORK help participants and their families move towards self-sufficiency and economic well-being and away from welfare; and (2) an expanded quality control system, as well as new State automated systems, for use in assessing the State's performance in administering its AFDC, JOBS, WORK and child care support programs, by applying such standards and in assisting the States in monitoring participants, processing payments, providing services, managing information, and performing the other operations involved in administering such programs. Authorizes appropriations. (Sec. 403) Amends AFDC to require the Secretary to establish and maintain an automated National Welfare Receipt Registry of information on current and past AFDC and WORK participants for assisting States in administering their AFDC, JOBS, and WORK plans. Authorizes appropriations. (Sec. 404) Earmarks funding out of the capped JOBS and WORK entitlements above for specified demonstration projects, studies, and other activities related to the programs created and modified by this Act and involving, for instance: (1) JOBS placements in positions with significant retention rates; (2) WORK programs conducted outside the State's AFDC program; (3) State Work Support Agencies for assisting former AFDC recipients in retaining unsubsidized employment; and (4) parenting skills for noncustodial parents. (Sec. 405) Requires the Secretary and the Director of the Office of Management and Budget, beginning in FY 1998, to make certain certifications over a six-year period regarding the use of the component databases of the National Welfare Reform Information Clearinghouse (established under title VI of this Act) by State and Federal agencies. Requires the Director to determine whether Federal agencies have used such databases for reducing waste, fraud, and abuse in their programs in order to achieve the mandatory spending reductions assumed in the cost estimates accompanying this Act. Specifies required reductions in mandatory spending for the succeeding fiscal year if the Director certifies before the close of the current fiscal year that despite the full use of such databases mandatory spending was not reduced by the projected amount. Title V: Prevention of Dependency - Amends AFDC and JOBS to make various specified changes designed to prevent welfare dependency, including changes relating to: (1) supervised living arrangements for unmarried minor parents with dependent children and pregnant women; (2) State options to limit AFDC benefit increases for families on AFDC who have additional children, and to conduct a program of montary incentives and penalties to encourage teen custodial parents and pregnant women to complete high school and participate in parenting activities; and (3) case management for teen custodial parents on AFDC. (Sec. 505) Amends SSA title XX (Block Grants to States for Social Services) to provide for: (1) grants for development of school-based programs in high risk areas for promoting adolescent personal responsibility and character development with emphasis on drug use and pregnancy prevention; (2) grants for carrying out similar demonstration projects providing comprehensive services for promoting educational advancement, improving community stability, and developing employment opportunities in addition to focusing on personal responsibility and drug use and pregnancy prevention; and (3) establishment by appropriate Federal officials of the National Clearinghouse on Adolescent Pregnancy Prevention Programs for disseminating information on and performing other specified functions, including sponsoring training institutes, with regard to adolescent pregnancy prevention programs. Title VI: Child Support Enforcement - Amends SSA title IV part D (Child Support and Establishment of Paternity) to revise the Federal child support and paternity establishment system and related IRC and other provisions to mandate among other things: (1) centralized collection and disbursement (including interstate collection and disbursement) of child support payments through a new single statewide automated system linked to a central registry of all child support orders established or modified in the State involved subject to wage withholding; and (2) a National Welfare Reform Information Clearinghouse composed of specified automated registries and directories (including an expanded Federal Parent Locator Service) containing employment, locate, and other specified types of information for assisting the Internal Revenue Service (IRS) in verifying employment and States in administering their AFDC, JOBS, WORK, and child support and paternity establishment programs, verifying the income and eligibility of Medicaid, food stamp, and SSI (Supplemental Security Income) (SSA title XVI) program participants, and ruling on unemployment and worker compensation claims. (Sec. 601) Mandates: (1) outreach for voluntarily establishing paternity and facilitating access to child support enforcement services; (2) annual State reviews of and reports on child support and paternity establishment programs for use by Federal auditors in assessing program performance using new Government standards; and (3) increased Federal matching payments for such programs. Includes among such changes new State plan requirements regarding: (1) AFDC recipient cooperation in State efforts to establish paternity and secure support; (2) distribution of support payments; (3) due process rights; (4) privacy safeguards; and (5) State and local agency program staff and contractor training. (Sec. 612) Revises provisions on: (1) State incentive payments, providing for performance-based incentive adjustments to the Federal matching rate for payments to a particular State; and (2) reductions in State AFDC payments for certain failures, adding specific failures to achieve appropriate levels of performance in paternity establishment and child support enforcement or to submit complete or reliable data, and conditioning the effectiveness of such reductions on the State's failure to take sufficient corrective action in the succeeding fiscal year to achieve compliance. (Sec. 615) Requires the Secretary to conduct staffing studies for a report to the Congress. (Sec. 616) Earmarks specified funding for Federal technical assistance, training, research, demonstrations, and other activities assisting State child support and paternity establishment programs. (Sec. 617) Makes specified changes with regard to: (1) annual congressional reports on all SSA title IV part D activities; and (2) data collection and reporting. (Sec. 623) Revises State law requirements regarding: (1) income withholding; (2) locate networks; (3) labor union cooperation in such State efforts; (4) use of social security numbers on child support and paternity orders and other specified party records; (5) modification of child support orders (including uniform interstate enforcement and modification of such orders); (6) expedited administrative and judicial procedures for establishing paternity (including before the child is born) and establishing, modifying, and enforcing support obligations; (7) imposition of motor vehicle title liens and other specified actions for support arrearages (including mandatory credit bureau reporting of all arrearages); (8) arrearage statute of limitations and interest and penalties; and (9) visitation rights. (Sec. 625) Directs the Secretary to establish a National Welfare Reform Information Clearinghouse and an automated National Directory of New Hires. (Sec. 627) Directs the Secretary to conduct studies on: (1) (and make grants to States for demonstrations involving) certain locate activities; and (2) the use of tax return information for modifying child support orders. (Sec. 642) Provides for: (1) a reduction in State AFDC payments for failure to establish paternity promptly; and (2) State options to provide for incentive payments to families to encourage paternity establishment. Directs the Secretary to authorize certain State demonstrations involving financial incentives for paternity establishment. (Sec. 651) Authorizes the Secretary to establish: (1) a revolving loan fund for program improvements to increase child support collections; and (2) the National Commission on Child Support Guidelines to determine whether a national child support guideline is advisable and develop one for congressional consideration if it is. Authorizes appropriations. (Sec. 662) Amends IRC to make specified changes with regard to the IRS tax refund offset program and collection of arrearages, among other changes: (1) eliminating the disparities between AFDC and non-AFDC cases; and (2) prohibiting additional fees for updating open case arrearages. (Sec. 664) Consolidates and revises provisions for collecting support from Federal employees and members of the armed forces. (Sec. 672) Modifies support obligation treatment under the Federal bankruptcy code. (Sec. 673) Provides for passport denial in cases involving child support arrearages exceeding $5,000. (Sec. 681) Directs the Secretary to make grants for State demonstrations to determine the effectiveness of programs to provide assured levels of child support to custodial parents of children whose paternity and support obligations have been established. Authorizes appropriations. (Sec. 691) Authorizes appropriations for State absent parent access and visitation programs. Title VII: Improving Government Assistance and Preventing Fraud - Amends AFDC, the Family Support Act of 1988, the Food Stamp Act of 1977 (Food Stamp Act), SSA title XI, and the IRC to make various specified changes in income disregard, resource exclusion, and other provisions under the Federal welfare system that are designed to: (1) simplify administration, for example, by changing the policy of obtaining citizenship declarations from each family member in cases where a single family is applying for AFDC, and by conforming program rules between AFDC and the food stamp program on the treatment of educational assistance; and (2) prevent fraud by allowing State agencies to use the IRS to collect AFDC overpayments from Federal tax refunds. (Sec. 731) Individual Development Account Demonstration Act of 1994 - States that it is U.S. policy to: (1) eliminate barriers that prevent AFDC recipients from becoming self-sufficient through self-employment and asset accumulation; (2) identify and implement cost-effective strategies to encourage saving and entrepreneurship among low-income families that have the potential to reduce Federal spending on transfers and services to them; (3) enhance private-sector opportunities for such families by enabling them to use their own resources through expanded business investment, job creation, home ownership, and human capital investment; and (4) expand the capacity of local organizations to provide asset-related services, such as savings mechanisms and loan funds, that help people to help themselves. (Sec. 732) Provides for the establishment of State and local demonstration projects designed to determine: (1) the social, psychological, and economic effects of providing low-income individuals with the opportunity to accumulate assets and develop and use entrepreneurial skills; and (2) the extent to which an asset-based assistance policy may be used to enable such individuals to achieve economic self-sufficiency. Authorizes appropriations. (Sec. 734) Amends the IRC to allow the establishment of individual development accounts (IDAs) by or on behalf of an eligible individual for the purpose of accumulating funds to pay his or her qualified expenses. Establishes an annual limit on such contributions (except contributions to IDAs established under the demonstration projects above), and a limit on total contributions for all years of $10,000. Defines qualified expenses as those for: (1) post-secondary education expenses; (2) a first-home purchase; and (3) business capitalization. Declares that contributions to IDAs are not subject to the gift tax or the tax on prohibited transactions. (Sec. 741) Provides for State demonstrations under which participating residents will receive advanced earned income payments from a responsible State agency in lieu of receiving them from an employer. Authorizes appropriations. Title VIII: Self-Employment/Microenterprise Demonstrations - Directs the Secretary and the Administrator of the Small Business Administration, subject to available funding, to jointly develop a self-employment/microenterprise demonstration program for welfare recipients and low-income individuals. Authorizes appropriations. Title IX: Financing - Caps AFDC's emergency assistance program. (Sec. 902) Establishes uniform eligibility criteria under AFDC, SSI, and Medicaid for all categories of aliens, including those lawfully admitted for permanent residence. (Sec. 903) Makes the current five-year period of sponsor responsibility permanent law under SSI and increases sponsor periods under AFDC and food stamps to five years, among other changes in AFDC, SSI, and food stamp alien eligibility rules, which include changes disqualifying after five years certain aliens with sponsors having income in excess of applicable limits. (Sec. 904) Amends the National School Lunch Act, among other things, to: (1) establish a two-tiered reimbursement structure for family or group day care homes; (2) provide family or group day care home sponsoring organizations with additional funding for administrative expenses for each home located in a low-income area; and (3) require the Secretary of Agriculture to provide State assistance grants. (Sec. 905) Amends the Food Stamp Act to extend expiring provisions reducing the percentage of recovered food stamp overpayments retainable by State agencies. (Sec. 906) Make persons receiving in excess of $100,000 in off-farm adjusted gross income ineligible for Commodity Credit Corporation crop subsidies. (Sec. 907) Amends the IRC to: (1)extend the expiring corporate environmental income tax used to finance the Hazardous Substance Superfund; (2) extend the earned income tax credit to military personnel on extended active duty abroad; and (3) deny such credit for non-resident aliens. (Sec. 908) Amends the Federal Railroad Safety Act of 1970 to extend railroad safety inspection fees permanently. (Sec. 911) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend certain customs fees. Title X: Effective Dates - Specifies the effective dates of this Act.
Bill· HRH.R. 4605 (103rd)open
United States · United States Congress · 21 June 1994
TABLE OF CONTENTS: Title I: JOBS Title II: WORK Title III: Child Care Title IV: Provisions with Multi-Program Applicability Title V: Prevention of Dependency Title VI: Child Support Enforcement Title VII: Improving Government Assistance and Preventing Fraud Title VIII: Self Employment/Microenterprise Demonstrations Title IX: Financing Title X: Effective Dates Work and Responsibility Act of 1994 - Title I: JOBS - Amends parts A (Aid to Families with Dependent Children) (AFDC) and F (Job Opportunities and Basic Skills Training Program) (JOBS) of title IV of the Social Security Act (SSA) to revise the Federal welfare system for the purpose of making AFDC a transitional program with the goal of enabling participants to achieve maximum economic independence and self-sufficiency by, among other changes, imposing time-limited AFDC benefits and requiring participation in modified and new State-administered job training and subsidized employment programs that have been designed to eventually move them into the permanent work force and prepare them for a life without welfare by enabling them to get work experience and by requiring them to perform job searches for suitable nonsubsidized employment. (Sec. 101) Modifies current AFDC and JOBS participation requirements. Requires all AFDC recipients (including minor custodial parents not attending school full time) who are able to participate in the JOBS program to so participate, starting in FY 1996 or 1997 on a phased-in basis with custodial parents (including such minor parents) born in 1972 or later, and continuing thereafter with any such additional classes of parents of dependent children or other AFDC applicants or recipients. Requires a recipient unable to participate in the JOBS program because of a third trimester pregnancy, temporary incapacity, or other specified reason, to participate in related preparatory activities the State in appropriate cases may require pursuant to the recipient's employability plan, in order to prepare the recipient for full JOBS participation. Requires suspension for up to six months of the AFDC benefits of a family with a member who is required to participate in JOBS but refuses without good cause to accept the required number of weekly hours of employment offered by a public or private sector employer under the program. Grants States the option of continuing AFDC to the dependent children of any family with a parent who is required to participate in JOBS but fails without good cause to do so and is cut off AFDC for the period specified under current law, while preserving their eligibility under SSA title XIX (Medicaid). Directs the applicable State agency to provide appropriate counseling and other supportive services to assist the parent in addressing such failure. Requires custodial parents below age 20 who do not have a high school diploma (or its equivalent), and are required to participate in JOBS, to participate in an educational activity, regardless of State resource availability as currently conditioned under law. Allows States to apply AFDC sanctions to any individual required to get substance abuse treatment as a condition of JOBS participation who fails to get such treatment. (Sec. 102) Requires the States to implement statewide within two years of initial implementation in FY 1996 or 1997 modified JOBS programs that, with respect to the AFDC recipients required to participate in JOBS, provide for an assessment of such recipient's literacy skills and for expanded education, optional free substance abuse treatment, mandatory job search, and self-employment (including microenterprise) preparation services, in addition to the currently authorized child care and other supportive services. Requires such State JOBS programs to provide any other appropriate services or activities detailed in the recipient's individualized employability plan which the State agrees to provide and the recipient agrees to participate in by signing a personal responsibility agreement, in order to prepare the recipient for either permanent unsubsidized employment or temporary subsidized employment through the new WORK program. Requires such JOBS programs to address participant training for child care providers and nontraditional employment positions. Requires such JOBS programs to require employability plans to: (1) indicate the overall time for achieving their employment goals; and (2) be extended whenever the 24 month limit on AFDC benefits is extended. Subjects them to periodic review and revision to reflect the recipient's progress towards meeting such goals. (Continues with further modifications in the JOBS program as provided below under title II of this Act.) (Sec. 103) Revises JOBS program provisions on dispute resolution and service provision, with changes in the latter provisions: (1) extending their applicability (although modified, and along with additional specified wage, benefit, and working condition requirements) to the WORK program; (2) specifying the components of grievance procedures for resolving regular employee complaints alleging violations of worker displacement prohibitions or other specified work-related requirements; (3) requiring written notification of labor organizations when JOBS program participants are assigned to regular employment positions; (4) establishing an alternative expedited grievance procedure for complaints involving such an assignment; and (5) providing for binding arbitration for adverse grievance decisions. Changes earned income disregards and the limit on Federal reimbursement for State expenditures under work supplementation program provisions. (Sec. 104) Requires the States to generally limit AFDC benefits to 24 months, subject to extension for certain educational purposes, unless they have opted to participate in a limited number of demonstrations using alternative limits. (Sec. 105) Places administrative jurisdiction of the WORK program under the Assistant Secretary for Family Support in the Department of Health and Human Services. Title II: WORK - Adds to SSA title IV part G the WORK program. Requires States to have new programs requiring former JOBS participants who have been cut off AFDC after 24 months without receiving an extension or finding suitable employment to: (1) register with the applicable State agency for an approprate Work assignment of up to one year in the local area, involving placement in a temporary position in a subsidized private or public sector job (including ones as community service and child care providers) that gives them the experience for eventually finding a nonsubsidized job; and (2) conduct job searches for suitable nonsubsidized employment after completing an assignment while awaiting assignment to the next WORK job. (Sec. 201) Allows registrants to receive supplemental AFDC benefits in addition to their WORK earnings, as well as have their Medicaid-eligibility preserved while participating in WORK. Prohibits the upward adjustment of the amount of such supplemental benefits because of any failure to work the required hours for each assignment. Requires the aplicable State agency to conduct a comprehensive assessment at periodic intervals and either reassign the WORK participant to JOBS for additional training or to another assignment if he or she cannot find unsubsidized employment. Details other program provisions, chief among them provisions for: (1) local WORK advisory boards for advising administering agencies; (2) child care and other supportive services; (3) sanctions, hearings, and evaluations following WORK violations; and (4) optional joint JOBS and WORK administration and provision of program services through one-stop career centers. (Sec. 202) Revises current JOBS funding provisions, among other changes: (1) increasing the capped JOBS entitlement beginning in FY 1996, with the level of such entitlement specified for FY 2005 and each fiscal year thereafter adjusted for inflation; (2) limiting entitlement payments under JOBS to a State according to the average monthly number of adult recipients in the State for the preceding fiscal year relative to the number in all States (no longer factoring in the amount allotted to the State for FY 1987); (3) including enhanced Federal matching in the formulae for determining Federal payment with respect to a State's JOBS, WORK, and associated child care support expenditures; (4) establishing similar separate funding for the WORK program and specified set-asides under both programs for Indian tribes and Alaska Native organizations; and (5) earmarking specified funds for use by the Secretary of Health and Human Services (Secretary) to provide to States requesting additional funding for JOBS or WORK in the following fiscal year beyond that which was originally allocated and subsequently reallocated. (Sec. 204) Requires the States to implement modified JOBS programs as described above that, additionally, provide: (1) at the State's option, for a separate program for job training and employment opportunities for non-custodial parents without requiring their participation in JOBS or WORK in order to participate in the separate program; (2) for revised components for Indian tribes and Alaska Native organizations, among other changes, making such components applicable to such entities applying to conduct WORK programs, and to provide funding for Indian and Alaska Native child care under the AFDC, JOBS, and WORK programs; and (3) for special rules for territories regarding applicability of the 24 month limit on AFDC benefits and the WORK program. (Sec. 205) Amends SSA title XI to remove WORK and "at-risk" family child care from the territorial cap. (Sec. 207) Amends the Internal Revenue Code (IRC) to exempt earnings from WORK employment from being: (1) subject to Federal income and unemployment taxes; and (2) treated as earned income or qualified wages for purposes of the earned income and targeted jobs tax credits. Title III: Child Care - Makes various specified changes with regard to AFDC's child care support programs, including those largely conforming to the provisions of this Act concerning child care support for JOBS and WORK participants. Provides, in addition, for transitional child care for individuals leaving the WORK program. Provides also, with respect to AFDC recipients, JOBS and WORK participants, transitional child care recipients, and "at-risk" families, for parental rights and child care health and safety standards consistent with those under the Child Care and Development Block Grant Act of 1990 (Child Care Block Grant Act), including requirements for proper child immunizations and protection against toxic substances and weapons at sites where child care is provided. (Sec. 302) Provides for: (1) family cost-sharing for transitional and "at-risk" family child care consistent with the methodology used under the Child Care Block Grant Act; (2) "at-risk" family child care only in cases where the family involved is not eligible for other SSA title IV part A child care support programs, and regardless of whether they need child care in order to work; and (3) modified State payment and Federal reimbursement rules, among other changes making State licensing and monitoring activities with respect to child care providers reimbursable as an administrative cost. (Sec. 304) Provides for: (1) optional administration of AFDC's child care support programs by the lead State agency designated under the Child Care Block Grant Act; (2) establishment of a set-aside in the "at-risk" family child care support program for improving the quality and increasing the supply of appropriate child care for low-income communities; (3) increased Federal funding for the "at-risk" family child care support program as well as a new enhanced Federal match for that program consistent with that for other SSA title IV part A services; and (4) reallotment of unused "at-risk" funds to States with expenditures exceeding applicable limits. (Sec. 307) Provides for offering working AFDC families a supplement if certain earned income disregard provisions are applied in order to guarantee child care. Title IV: Provisions with Multi-Program Applicability - Revises current JOBS performance standards and AFDC quality control and management information system provisions. Provides for: (1) an outcome-based performance standards system for measuring the extent to which JOBS and WORK help participants and their families move towards self-sufficiency and economic well-being and away from welfare; and (2) an expanded quality control system, as well as new State automated systems, for use in assessing the State's performance in administering its AFDC, JOBS, WORK and child care support programs, by applying such standards and in assisting the States in monitoring participants, processing payments, providing services, managing information, and performing the other operations involved in administering such programs. Authorizes appropriations. (Sec. 403) Amends AFDC to require the Secretary to establish and maintain an automated National Welfare Receipt Registry of information on current and past AFDC and WORK participants for assisting States in administering their AFDC, JOBS, and WORK plans. Authorizes appropriations. (Sec. 404) Earmarks funding out of the capped JOBS and WORK entitlements above for specified demonstration projects, studies, and other activities related to the programs created and modified by this Act and involving, for instance: (1) JOBS placements in positions with significant retention rates; (2) WORK programs conducted outside the State's AFDC program; (3) State Work Support Agencies for assisting former AFDC recipients in retaining unsubsidized employment; and (4) parenting skills for noncustodial parents. (Sec. 405) Requires the Secretary and the Director of the Office of Management and Budget, beginning in FY 1998, to make certain certifications over a six-year period regarding the use of the component databases of the National Welfare Reform Information Clearinghouse (established under title VI of this Act) by State and Federal agencies. Requires the Director to determine whether Federal agencies have used such databases for reducing waste, fraud, and abuse in their programs in order to achieve the mandatory spending reductions assumed in the cost estimates accompanying this Act. Specifies required reductions in mandatory spending for the succeeding fiscal year if the Director certifies before the close of the current fiscal year that despite the full use of such databases mandatory spending was not reduced by the projected amount. Title V: Prevention of Dependency - Amends AFDC and JOBS to make various specified changes designed to prevent welfare dependency, including changes relating to: (1) supervised living arrangements for unmarried minor parents with dependent children and pregnant women; (2) State options to limit AFDC benefit increases for families on AFDC who have additional children, and to conduct a program of montary incentives and penalties to encourage teen custodial parents and pregnant women to complete high school and participate in parenting activities; and (3) case management for teen custodial parents on AFDC. (Sec. 505) Amends SSA title XX (Block Grants to States for Social Services) to provide for: (1) grants for development of school-based programs in high risk areas for promoting adolescent personal responsibility and character development with emphasis on drug use and pregnancy prevention; (2) grants for carrying out similar demonstration projects providing comprehensive services for promoting educational advancement, improving community stability, and developing employment opportunities in addition to focusing on personal responsibility and drug use and pregnancy prevention; and (3) establishment by appropriate Federal officials of the National Clearinghouse on Adolescent Pregnancy Prevention Programs for disseminating information on and performing other specified functions, including sponsoring training institutes, with regard to adolescent pregnancy prevention programs. Title VI: Child Support Enforcement - Amends SSA title IV part D (Child Support and Establishment of Paternity) to revise the Federal child support and paternity establishment system and related IRC and other provisions to mandate among other things: (1) centralized collection and disbursement (including interstate collection and disbursement) of child support payments through a new single statewide automated system linked to a central registry of all child support orders established or modified in the State involved subject to wage withholding; and (2) a National Welfare Reform Information Clearinghouse composed of specified automated registries and directories (including an expanded Federal Parent Locator Service) containing employment, locate, and other specified types of information for assisting the Internal Revenue Service (IRS) in verifying employment and States in administering their AFDC, JOBS, WORK, and child support and paternity establishment programs, verifying the income and eligibility of Medicaid, food stamp, and SSI (Supplemental Security Income) (SSA title XVI) program participants, and ruling on unemployment and worker compensation claims. (Sec. 601) Mandates: (1) outreach for voluntarily establishing paternity and facilitating access to child support enforcement services; (2) annual State reviews of and reports on child support and paternity establishment programs for use by Federal auditors in assessing program performance using new Government standards; and (3) increased Federal matching payments for such programs. Includes among such changes new State plan requirements regarding: (1) AFDC recipient cooperation in State efforts to establish paternity and secure support; (2) distribution of support payments; (3) due process rights; (4) privacy safeguards; and (5) State and local agency program staff and contractor training. (Sec. 612) Revises provisions on: (1) State incentive payments, providing for performance-based incentive adjustments to the Federal matching rate for payments to a particular State; and (2) reductions in State AFDC payments for certain failures, adding specific failures to achieve appropriate levels of performance in paternity establishment and child support enforcement or to submit complete or reliable data, and conditioning the effectiveness of such reductions on the State's failure to take sufficient corrective action in the succeeding fiscal year to achieve compliance. (Sec. 615) Requires the Secretary to conduct staffing studies for a report to the Congress. (Sec. 616) Earmarks specified funding for Federal technical assistance, training, research, demonstrations, and other activities assisting State child support and paternity establishment programs. (Sec. 617) Makes specified changes with regard to: (1) annual congressional reports on all SSA title IV part D activities; and (2) data collection and reporting. (Sec. 623) Revises State law requirements regarding: (1) income withholding; (2) locate networks; (3) labor union cooperation in such State efforts; (4) use of social security numbers on child support and paternity orders and other specified party records; (5) modification of child support orders (including uniform interstate enforcement and modification of such orders); (6) expedited administrative and judicial procedures for establishing paternity (including before the child is born) and establishing, modifying, and enforcing support obligations; (7) imposition of motor vehicle title liens and other specified actions for support arrearages (including mandatory credit bureau reporting of all arrearages); (8) arrearage statute of limitations and interest and penalties; and (9) visitation rights. (Sec. 625) Directs the Secretary to establish a National Welfare Reform Information Clearinghouse and an automated National Directory of New Hires. (Sec. 627) Directs the Secretary to conduct studies on: (1) (and make grants to States for demonstrations involving) certain locate activities; and (2) the use of tax return information for modifying child support orders. (Sec. 642) Provides for: (1) a reduction in State AFDC payments for failure to establish paternity promptly; and (2) State options to provide for incentive payments to families to encourage paternity establishment. Directs the Secretary to authorize certain State demonstrations involving financial incentives for paternity establishment. (Sec. 651) Authorizes the Secretary to establish: (1) a revolving loan fund for program improvements to increase child support collections; and (2) the National Commission on Child Support Guidelines to determine whether a national child support guideline is advisable and develop one for congressional consideration if it is. Authorizes appropriations. (Sec. 662) Amends IRC to make specified changes with regard to the IRS tax refund offset program and collection of arrearages, among other changes: (1) eliminating the disparities between AFDC and non-AFDC cases; and (2) prohibiting additional fees for updating open case arrearages. (Sec. 664) Consolidates and revises provisions for collecting support from Federal employees and members of the armed forces. (Sec. 672) Modifies support obligation treatment under the Federal bankruptcy code. (Sec. 673) Provides for passport denial in cases involving child support arrearages exceeding $5,000. (Sec. 681) Directs the Secretary to make grants for State demonstrations to determine the effectiveness of programs to provide assured levels of child support to custodial parents of children whose paternity and support obligations have been established. Authorizes appropriations. (Sec. 691) Authorizes appropriations for State absent parent access and visitation programs. Title VII: Improving Government Assistance and Preventing Fraud - Amends AFDC, the Family Support Act of 1988, the Food Stamp Act of 1977 (Food Stamp Act), SSA title XI, and the IRC to make various specified changes in income disregard, resource exclusion, and other provisions under the Federal welfare system that are designed to: (1) simplify administration, for example, by changing the policy of obtaining citizenship declarations from each family member in cases where a single family is applying for AFDC, and by conforming program rules between AFDC and the food stamp program on the treatment of educational assistance; and (2) prevent fraud by allowing State agencies to use the IRS to collect AFDC overpayments from Federal tax refunds. (Sec. 731) Individual Development Account Demonstration Act of 1994 - States that it is U.S. policy to: (1) eliminate barriers that prevent AFDC recipients from becoming self-sufficient through self-employment and asset accumulation; (2) identify and implement cost-effective strategies to encourage saving and entrepreneurship among low-income families that have the potential to reduce Federal spending on transfers and services to them; (3) enhance private-sector opportunities for such families by enabling them to use their own resources through expanded business investment, job creation, home ownership, and human capital investment; and (4) expand the capacity of local organizations to provide asset-related services, such as savings mechanisms and loan funds, that help people to help themselves. (Sec. 732) Provides for the establishment of State and local demonstration projects designed to determine: (1) the social, psychological, and economic effects of providing low-income individuals with the opportunity to accumulate assets and develop and use entrepreneurial skills; and (2) the extent to which an asset-based assistance policy may be used to enable such individuals to achieve economic self-sufficiency. Authorizes appropriations. (Sec. 734) Amends the IRC to allow the establishment of individual development accounts (IDAs) by or on behalf of an eligible individual for the purpose of accumulating funds to pay his or her qualified expenses. Establishes an annual limit on such contributions (except contributions to IDAs established under the demonstration projects above), and a limit on total contributions for all years of $10,000. Defines qualified expenses as those for: (1) post-secondary education expenses; (2) a first-home purchase; and (3) business capitalization. Declares that contributions to IDAs are not subject to the gift tax or the tax on prohibited transactions. (Sec. 741) Provides for State demonstrations under which participating residents will receive advanced earned income payments from a responsible State agency in lieu of receiving them from an employer. Authorizes appropriations. Title VIII: Self-Employment/Microenterprise Demonstrations - Directs the Secretary and the Administrator of the Small Business Administration, subject to available funding, to jointly develop a self-employment/microenterprise demonstration program for welfare recipients and low-income individuals. Authorizes appropriations. Title IX: Financing - Caps AFDC's emergency assistance program. (Sec. 902) Establishes uniform eligibility criteria under AFDC, SSI, and Medicaid for all categories of aliens, including those lawfully admitted for permanent residence. (Sec. 903) Makes the current five-year period of sponsor responsibility permanent law under SSI and increases sponsor periods under AFDC and food stamps to five years, among other changes in AFDC, SSI, and food stamp alien eligibility rules, which include changes disqualifying after five years certain aliens with sponsors having income in excess of applicable limits. (Sec. 904) Amends the National School Lunch Act, among other things, to: (1) establish a two-tiered reimbursement structure for family or group day care homes; (2) provide family or group day care home sponsoring organizations with additional funding for administrative expenses for each home located in a low-income area; and (3) require the Secretary of Agriculture to provide State assistance grants. (Sec. 905) Amends the Food Stamp Act to extend expiring provisions reducing the percentage of recovered food stamp overpayments retainable by State agencies. (Sec. 906) Make persons receiving in excess of $100,000 in off-farm adjusted gross income ineligible for Commodity Credit Corporation crop subsidies. (Sec. 907) Amends the IRC to: (1)extend the expiring corporate environmental income tax used to finance the Hazardous Substance Superfund; (2) extend the earned income tax credit to military personnel on extended active duty abroad; and (3) deny such credit for non-resident aliens. (Sec. 908) Amends the Federal Railroad Safety Act of 1970 to extend railroad safety inspection fees permanently. (Sec. 911) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend certain customs fees. Title X: Effective Dates - Specifies the effective dates of this Act.
Law· HRH.R. 4603 (103rd)enacted
United States · United States Congress · 21 June 1994
TABLE OF CONTENTS: Title I: Department of Justice and Related Agencies Title II: Department of Commerce Title III: The Judiciary Title IV: Related Agencies Title V: Department of State and Related Agencies Title VI: General Provisions Title VII: Fiscal Year 1994 Supplemental Appropriations Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1995 - Title I: Department of Justice and Related Agencies - Department of Justice and Related Agencies Appropriations Act, 1995 - Makes FY 1995 appropriations to the Department of Justice. (Sec. 103) Prohibits the use of funds to require any person to perform, or facilitate the performance of, any abortion. Makes appropriations for the following related agencies for FY 1995: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission; (3) the Federal Communications Commission; (4) the Federal Maritime Commission; (5) the Federal Trade Commission; (6) the Securities and Exchange Commission; and (7) the State Justice Institute. Title II: Department of Commerce - Makes FY 1995 appropriations to the Department of Commerce and related agencies. Title III: The Judiciary - Judiciary Appropriations Act, 1995 - Appropriates FY 1995 funds for activities of the Judiciary, including: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the Court of Appeals, district courts, and judicial services; (5) the Administrative Office of the United States Courts; (6) the Federal Judicial Center; and (7) the U.S. Sentencing Commission. Title IV: Related Agencies - Appropriates FY 1995 funds for: (1) the Maritime Administration of the Department of Transportation; (2) the Commission on Immigration Reform; (3) the Commission on Security and Cooperation in Europe; (4) the Competitiveness Policy Council; (5) the Marine Mammal Commission; (6) the Martin Luther King, Jr. Federal Holiday Commission; (7) the Office of the United States Trade Representative; (8) the Small Business Administration; and (9) the Legal Services Corporation. Title V: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1995 - Appropriates FY 1995 funds for the Department of State. Appropriates FY 1995 funds for: (1) the Arms Control and Disarmament Agency; (2) the Commission for the Preservation of America's Heritage Abroad; (3) the International Trade Commission; (4) the Japan-United States Friendship Commission; and (5) the United States Information Agency. Title VI: General Provisions - Sets forth limitations and prohibitions on the use of funds appropriated by this Act. (Sec. 606) Prohibits the use of funds for the construction, repair, overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration (NOAA) in shipyards located outside of the United States. Prohibits such activities on aircraft for NOAA in facilities located outside the United States and Canada. Title VII: Fiscal Year 1994 Supplemental Appropriations - Makes emergency supplemental appropriations to the Small Business Administration and the Department of Transportation. Makes supplemental appropriations to the Department of State.
Bill· HRH.R. 4604 (103rd)referred
United States · United States Congress · 21 June 1994
Budget Control Act of 1994 - Directs the Director of the Office of Management and Budget (OMB) to submit a report to the Congress setting forth projected direct spending targets for FY 1994 through 1997. Makes the initial targets equal to the total outlays for all direct spending (except net interest and deposit insurance) as determined above by OMB, subject to annual adjustment for increases in numbers of direct spending program beneficiaries, and for revenue and emergency legislation. Requires an annual review of direct spending and receipts by the President as part of the budget process. Specifies the information to be included in the President's budget, such as information on target adjustments, and, in appropriate cases such as where direct spending outlays for the current year are projected to exceed applicable targets, a special direct spending message that includes a draft resolution recommending reduced outlays or increased revenues by specified amounts. Sets forth procedures governing congressional consideration of such recommendations, including: (1) requirements for a separate vote in the House of Representatives to increase direct spending targets; and (2) special rules regarding the applicability of budget process and enforcement provisions of the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) whenever budget resolutions or reconciliation legislation proposing target changes, outlay reductions, or revenue increases are reported. States that: (1) the procedures set forth in this Act shall not apply when the overage for any fiscal year is less than one-half of one percent of the direct spending target for that year; and (2) the President and the Congress should seriously consider all other alternatives before recommending reductions in means-tested programs. Declares it shall not be in order in the House to consider any general appropriation bill if the President has submitted a special direct spending message until the Congress has adopted a concurrent budget resolution meeting the requirements of this Act.
Bill· HRH.R. 4612 (103rd)referred
United States · United States Congress · 21 June 1994
Amends the Internal Revenue Code to remove the 55-year age requirement on the exclusion from gross income of gain from the sale or exchange of a principal residence.
Resolution· HRESH.Res. 459 (103rd)open
United States · United States Congress · 21 June 1994
Sets forth the rule for the consideration of H.R. 3266 (providing for automatic downward adjustments in the discretionary spending limits for FY 1994 equal to specified rescissions).
Resolution· HRESH.Res. 458 (103rd)passed
United States · United States Congress · 21 June 1994
Waives points of order against the consideration of H.R. 4602 (making appropriations for the Department of the Interior and related agencies for FY 1995).
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.
Bill· SS. 2202 (103rd)referred
United States · United States Congress · 16 June 1994
Declares that the discretionary spending limits (new budget authority and outlays) for each of FY 1994 through 1998 set forth in the Congressional Budget Act of 1974, as adjusted in strict conformance with the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), shall be reduced, as calculated by the Director of the Office of Management and Budget, in amounts equal to the aggregate amount of rescissions in any Act enacted on or after the enactment of this Act for such fiscal years. Waives such reductions with respect to any rescissions enacted in any Act designated by the President and the Congress as emergency appropriations to the extent that the aggregate amount of rescissions in such Act reduces the aggregate amount of budget authority and outlays designated as emergency appropriation by the President.
Bill· SS. 2205 (103rd)open
United States · United States Congress · 16 June 1994
TABLE OF CONTENTS: Title I: Prospective Payment System for Nursing Facilities Title II: Subacute Care Continuum Amendments of 1994 Title III: Long-Term Care Tax Clarification Title IV: Long-Term Care Insurance Standards Title V: Financial Eligibility Standards Title VI: Establishment of Program for Home and Community-Based Services for Certain Individuals with Disabilities Title VII: Asset Transfers Quality Care for Life Act of 1994 - Title I: Prospective Payment System for Nursing Facilities - Prospective Payment System for Nursing Facilities Amendments of 1994 - Mandates that payment rates under the Prospective Payment System for Nursing Facilities reflect enumerated objectives. Declares that this Act does not affect the skilled nursing facility benefit under title XVIII (Medicare) of the Social Security Act (SSA). (Sec. 105) Instructs the Secretary of Health and Human Services to: (1) establish a resident classification system which groups residents into classes according to similarity of their assessed condition and required services; and (2) determine payment rates for nursing facilities according to prescribed guidelines. (Sec. 107) Prescribes guidelines for: (1) resident assessment; (2) per diem rate for nursing service costs, administrative and general costs; (3) payment for fee-for-service ancillary services; (4) reimbursement of selected ancillary services including drugs and medical supplies; (5) the per diem rate for property costs; (6) mid-year adjustments; and (7) payment methods for new and low-volume nursing facilities. Title II: Subacute Care Continuum Amendments of 1994 - Subacute Care Continuum Act of 1994 - Provides that SSA shall not be construed as limiting a skilled nursing facility (SNF) from offering subacute care services. Prohibits the Secretary or the States from imposing conditions for such services which restrict SNFs from qualifying based upon their status. (Sec. 203) Instructs the Secretary, regardless of the issuance of final regulations, to: (1) grant an interim exception within 90 days of submission of a request by a SNF providing subacute care services; and (2) establish identical fee schedules for physician visits to a subacute care patient in a SNF or in a hospital. (Sec. 205) Provides coverage under the Medicare program for respiratory therapy services in a SNF. Requires the Secretary to determine and subsequently publish a list of hospital DRGs appropriate for SNFs and the appropriate hospitalizations and copayments and rebase Medicare payments which reflect the lower cost of such care provided in SNFs. (Sec. 207) Expresses the sense of the Congress that: (1) the States are encouraged to develop payment methodologies for nursing facilities which provide subacute care for medicaid patients; and (2) Federal funding should be available for nursing facilities which provide subacute care to medicaid patients. Title III: Long-Term Care Tax Clarification - Private Long-Term Care Insurance Incentive Amendments of 1994 - Amends the Internal Revenue Code to: (1) set forth definitions concerning the treatment of long-term care insurance or plans; (2) treat qualified long-term services as deductible medical care; (3) permit the offer of certain long-term care insurance contracts in certain employer (cafeteria) plans; (4) include in gross income excessive long-term care benefits; and (5) mandate that qualified long-term care insurance tax reserves be determined according to the reserve method prescribed by the National Association of Insurance Commissioners. Title IV: Long-Term Care Insurance Standards - Long-Term Care Insurance Standards Amendments of 1994 - Directs the Congress to appoint the National Long-Term Care Insurance Advisory Council to advise it and monitor development of the long-term care insurance market. Authorizes appropriations. (Sec. 402) Amends the Internal Revenue Code to set forth consumer protection provisions regarding long-term care insurance policies. Sets forth tax penalties for non-complying issuers of such policies. (Sec. 404) Declares that insurance policies deemed by a State Insurance Commissioner to be in compliance with this Act and the Internal Revenue Code shall be deemed approved for sale in any other State. Title V: Financial Eligibility Standards - Amends title XIX (Medicaid) of the Social Security Act to delineate the criteria for financial eligibility for nursing facility services. Directs the Secretary to provide grants for State demonstration projects to investigate the coordination of private long-term care insurance benefits and financial eligibility requirements. Title VI: Establishment of Program for Home and Community-Based Services for Certain Individuals with Disabilities - Home and Community-Based Services for Individuals with Disabilities Program Amendments of 1994 - Establishes a program which mandates that States having an approved State plan provide for home and community-based services for eligible individuals with disabilities. (Sec. 602) Increases the amount of an individual's resources which shall be disregarded when determining eligibility for inpatient nursing or intermediate care facilities for the mentally retarded. Title VII: Asset Transfers - Extends from 36 to 60 months the look-back period for asset transfers. Modifies the guidelines for such transfers with respect to the treatment of certain trusts.
Bill· SS. 2200 (103rd)open
United States · United States Congress · 16 June 1994
Amends the Federal Election Campaign Act of 1971 to authorize appropriations for the Federal Election Commission.
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.
Bill· HRH.R. 4592 (103rd)referred
United States · United States Congress · 16 June 1994
Tax Rebate to Fight Crime Act - Appropriates two percent of net Federal individual income tax revenues to the Trust Fund to Fight Crime established in each State. Allows expenditures from such trust funds for: (1) salaries and expenses of police officers; (2) building and operating prisons; and (3) salaries and expenses of judges of courts handling criminal cases, prosecutors, and public defenders. Requires rebates from such trust funds to taxpayers if amounts are not spent as required. Reduces discretionary spending limits set forth in the Congressional Budget Act of 1974 to reflect amounts appropriated by this Act.
Bill· HRH.R. 4593 (103rd)referred
United States · United States Congress · 16 June 1994
Entitlement Control Act of 1994 - Directs the Director of the Office of Management and Budget (OMB) to report to the Congress on the direct spending targets for each of FY 1995 through 2000. Requires inclusion in such targets of all mandatory Federal spending except deposit insurance and net interest. (Sec. 4) Requires the OMB Director to establish direct spending limits (caps) for FY 1995 through 2000, allowing for growth each year to reflect the consumer price index, the number of beneficiaries, and an additional growth allowance of one percent per year through 1998. Requires further cap adjustments to reflect increased direct spending resulting from any health reform legislation. Requires the President's budget to reflect the same adjustments as OMB's. (Sec. 5) Requires the President's budget to include a proposal to offset any OMB-projected excess of the caps for each year. Authorizes the President to propose, with justification in writing, increases in cap levels to allow for all or part of such excess. (Sec. 6) Requires the Congress to: (1) pass a budget resolution including reconciliation instructions to offset any OMB-projected excess in entitlement spending for each fiscal year; or (2) increase the caps. Prescribes procedures for congressional consideration of such a budget resolution. (Sec. 7) Provides for expedited spin-off legislation, following passage of a budget resolution conference report, to allocate spending among the budget functions under the overall entitlement cap for a fiscal year, establishing individual caps for each budget function based on the budget resolution. Makes such caps binding in law when the President signs such spin-off legislation. (Sec. 8) Mandates separate sequestrations for any would-be excess direct spending in each budget function covered by enactment of a spin-off law. (Sec. 9) Mandates a comprehensive sequestration with across-the-board cuts in all entitlement programs to keep direct spending within the aggregate budget cap in any year when spin-off legislation is not enacted. (Sec. 10) Specifies programs and activities exempted from sequestration. (Sec. 11) Sets forth general and special sequestration rules. (Sec. 12) Sets forth deadlines for estimating assumptions, sequestration reports, and orders. (Sec. 13) Prescribes rules for determining the current policy baseline for sequestration reports. (Sec. 14) Declares that reductions in entitlement spending made to comply with budget caps shall not be entered on the paygo scorecard under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), except in certain circumstances. (Sec. 15) Provides for expedited judicial review of the constitutionality of this Act. (Sec. 16) Provides that certain House of Representatives rules changes enacted as part of the entitlement review process shall not be effective for FY 1995 and thereafter.
Bill· HRH.R. 4585 (103rd)referred
United States · United States Congress · 16 June 1994
TABLE OF CONTENTS: Title I: Tax Reduction and Simplification Title II: Spending Restraint and Budget Process Reform Subtitle A: Joint Budget Resolution Subtitle B: Zero Based Budgeting and Decennial Sunsetting Subtitle C: Spending Caps on the Growth of Entitlements for Fiscal Years 1995 Through 2000 Subtitle D: Balanced Budget by Fiscal Year 2000 Title III: Regulatory Relief Subtitle A: Private Property Rights Protection and Compensation Subtitle B: Measuring Costs of Federal Regulations Subtitle C: Risk Assessment and Cost/Benefit Analyses and Reports Freedom and Fairness Restoration Act of 1994 - Title I: Tax Reduction and Simplification - Amends the Internal Revenue Code to impose a 20 percent tax (17 percent after December 31, 1996) on the taxable earned income of every individual. Bases such amount on the standard deduction. (Replaces current income tax procedures for individuals.) Increases the basic standard deduction for individuals and includes an additional standard deduction for dependents, with inflation adjustments. (Sec. 102) Replaces the current tax on corporations with a tax on every person engaged in a business activity equal to 20 percent (17 percent after December 31, 1996) of the business taxable income of such person. Makes the person engaged in the business activity liable for the tax. (Sec. 103) Repeals income tax withholding. Title II: Spending Restraint and Budget Process Reform - Subtitle A: Joint Budget Resolution - Amends the Congressional Budget Act of 1974 to reform the budget process by requiring a joint resolution on the budget instead of the concurrent resolution on the budget. Subtitle B: Zero Based Budgeting and Decennial Sunsetting - Terminates spending authority for unearned entitlements and high-cost discretionary spending programs for FY 1994, and discretionary spending programs (not including high-cost programs) for FY 1995, unless such spending is reauthorized after the date of enactment of this Act. (Sec. 212) Establishes a point of order against legislation that appropriates funds, which may be waived by a three-fifths vote of each House of Congress. (Sec. 213) Requires the reauthorization of discretionary spending authority and unearned entitlements every ten years beginning in the first decennial census year after 2000. Subtitle C: Spending Caps on the Growth of Entitlements for Fiscal Years 1995 Through 2000 - Declares that for FY 1995 through 2000 the total level of entitlement and mandatory spending, excluding social security, shall not exceed the total level for the previous fiscal year increased by the consumer price index and growth in eligible population. Requires sequestration as necessary to reduce spending. Provides for making uniform reductions with limitations. Lists programs and activities exempt from sequestration and provides exceptions, limitations, and special rules. Establishes a point of order against entitlement programs which may be waived by a three-fifths vote of each House. Subtitle D: Balanced Budget by Fiscal Year 2000 - Amends the Congressional Budget Act to revise the budget enforcement process. (Sec. 231) Establishes maximum spending amounts for FY 1995 through 1999 and revises sequestration procedures for enforcement. (Sec. 233) Establishes a point of order against exceeding permissible total spending. Title III: Regulatory Relief - Subtitle A: Private Property Rights Protection and Compensation - Declares that a private property owner is entitled to receive compensation for any reduction in the value of property of the owner that is: (1) a consequence of a limitation on an otherwise lawful use of the property imposed by a final agency action; and (2) measurable and not negligible. Subtitle B: Measuring Costs of Federal Regulations - Requires the Office of Management and Budget to report annually to the President, and the Congressional Budget Office (CBO) to report annually to the Congress, on projections of costs of complying with Federal mandates. (Sec. 322) Requires the President to make annual recommendations to the Congress to ensure that such costs do not exceed their corresponding baseline costs. Subtitle C: Risk Assessment and Cost/Benefit Analyses and Reports - Includes in CBO reports on the cost of legislation: (1) an estimate of private sector compliance costs in the effective fiscal year and the next four fiscal years; (2) an estimate of the risks to the public health and safety which would result from any significant bill or resolution; and (3) an estimate of the effects of any significant bill or resolution on the economy, including the rate of gross domestic product growth, job loss, and price stability.
Bill· HRH.R. 4588 (103rd)referred
United States · United States Congress · 16 June 1994
Amends the Internal Revenue Code to impose a tax on aviation gasoline at the refinery level. Repeals such tax at the retail level.
Resolution· HRESH.Res. 455 (103rd)passed
United States · United States Congress · 15 June 1994
Waives points of order against the consideration of H.R. 4554 (FY 1995 appropriations for Agriculture, Rural Development, the Food and Drug Administration, and Related Agencies programs).
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· SS. 2179 (103rd)referred
United States · United States Congress · 14 June 1994
Amends the Revenue Act of 1987 to provide a permanent extension of the rule for the treatment of certain publicly traded partnerships as corporations.
Bill· SS. 2181 (103rd)referred
United States · United States Congress · 14 June 1994
Authorizes appropriations for the Government of the Northern Mariana Islands for capital infrastructure for FY 1995 and 1996 notwithstanding specified provisions of the December 1992 Agreement of the Special Representatives on Future Federal Financial Assistance for the Northern Mariana Islands. Makes such funding available only to the extent that matching funds are provided by such government on a project-by-project basis. Repeals a provision that requires direct grant assistance to the Northern Mariana Islands, upon expiration of the period of Federal financial assistance, to continue at the annual level provided for the last fiscal year of the additional period of seven years.
Resolution· HRESH.Res. 454 (103rd)passed
United States · United States Congress · 14 June 1994
Waives points of order against the consideration of H.R. 4556 (FY 1995 appropriations for the Department of Transportation and related agencies).
Bill· HRH.R. 4570 (103rd)open
United States · United States Congress · 13 June 1994
TABLE OF CONTENTS: Title I: Locate and Case Tracking Title II: Establishment Title III: Parentage Title IV: Enforcement Title V: Collection and Distribution Title VI: Federal Role Title VII: State Role Child Support Responsibility Act of 1994 - Title I: Locate and Case Tracking - Directs the Secretary of Health and Human Services (the Secretary) to establish a Federal registry of child support orders or modifications issued by any State court or administrative order or both. Provides for State access to such registry. (Sec. 102)Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to include among the functions of the Federal Parent Locator System: (1) establishing parentage; and (2) establishing, modifying, enforcing child support obligations. Directs the Secretary of the Treasury to provide prompt access to the Secretary of all Federal income tax returns filed by individuals. Instructs the Secretary to expand the Parent Locator Service to establish a national network based on the comprehensive statewide child support enforcement systems to expand State access to the national parent locator network. (Sec. 103) Directs the Secretary of the Treasury to establish a national reporting system on employees and their child support obligations through the mandatory inclusion of certain child support information on W-4 forms (including the availability of health care insurance). (Sec. 104) Requires State plans for child and spousal support to have in effect statutory mechanisms which: (1) establish a child support order registry to transmit abstracts of State child support orders to the Federal Registry and distribute child support proceeds withheld from a delinquent parent's wages; and (2) allow an individual to bring an action against an employer or State official for noncompliance with this Act. Prescribes parameters for direct wage withholding, State agency access to various data bases, and expanded interaction with the National Parent Locator Network. (Sec. 105) Amends the Internal Revenue Code to integrate child support obligations and payments within the structure of income tax returns, including: (1) assessment and collection of child support arrearages; and (2) payment to State registries of child support amounts collected by the Secretary of the Treasury. Title II: Establishment - Amends part D of SSA title IV (Child Support and Establishment of Paternity) to set forth procedural guidelines for service of process on Federal employees and members of the armed services in connection with proceedings relating to child support and parentage obligations. (Sec. 204) Establishes the National Child Support Guidelines Commission to: (1) study and report to the Congress on the advisability of a national child support guideline; (2) develop such a guideline, if advisable. (Sec. 205) Includes among the requisite components of approved State plans: (1) a specified duration of child support; (2) electronic transmittal of State documents; (3) telephonic appearance in interstate cases; (4) uniform terms in child support orders; (5) social security numbers on marriage licenses, divorce decrees, parentage decrees, and birth certificates; (6) administrative subpoena powers; (7) State-conducted surveys and outreach programs for underserved populations; and (8) State guidelines for child health care insurance. (Sec. 213) Amends the Federal judicial code to set forth rules governing modification of sister State child support orders. Title III: Parentage - Requires approved State plans to include prescribed procedures for paternity acknowledgment. Title IV: Enforcement - Requires approved State plans to include prescribed procedures for garnishment of wages for parents in arrears for child support, including: (1) Federal death benefits; (2) black lung benefits; (3) veterans benefits, and (4) workers' compensation. (Sec. 404) Amends the Consumer Credit Protection Act to provide that: (1) its garnishment restrictions neither pre-empt State law, nor exempt any person from complying with State or Federal laws permitting garnishment for the purpose of securing child support; and (2) a garnishment intended to satisfy a child support debt takes priority over competing debts owed to the Federal government. (Sec. 405) Mandates that approved State plans include procedures to satisfy child support arrearages which: (1) prohibit a State court from applying the doctrine of election of remedies to prevent a custodial parent from collecting child support from the noncustodial parent; (2) prohibit State and Federal occupational licensing or regulating agencies from issuing or renewing occupational, professional or business licenses to individuals who fail to appear or are delinquent in child support cases; (3) prohibit State motor vehicle departments from issuing or renewing a driver's license or vehicle registration to such individuals; (4) require placement of child support liens on certificates of vehicle title; (5) permit attachment of bank accounts; (6) impose liens upon lottery winnings, insurance, court and other settlements; (7) presume fraudulent intent in any property transfer; (8) permit attachment of public and private retirement plans; (9) eliminate statutes of limitations in child support cases; and (10) require child support enforcement agencies to assess and collect interest on child support judgments. (Sec. 418) Amends Federal bankruptcy law to: (1) except from its automatic stay provisions proceedings establishing parentage and debts for child support; (2) require a bankruptcy plan to provide for full payment when due of debts for child support; (3) declare that a debt for child support includes State public debts and assigned child support based on provision of expenditures with respect to aid to families with dependent children (AFDC) and foster care and adoption assistance; (4) include among prioritized claims allowed unsecured claims for child support; (5) preclude a debtor from avoiding the fixing of judicial liens for child support; (6) except from discharge a debt pursuant to divorce or separation; and (7) prohibit trustee avoidance of a transfer that was a bona fide payment of a debt for child support. (Sec. 419) Prescribes procedural mandates for the Secretary of Defense to cooperate with the States in the enforcement of child support obligations of members and former members of the Armed Forces. (Sec. 420) Requires each State to have in effect laws which adopt the officially approved version of the Uniform Interstate Family Support Act. (Sec. 421) Authorizes the Secretary of State to deny or restrict passport privileges to child support debtors subject to State arrest warrants. Denies Federal benefits, loans, guarantees, and employment to debtors with child support arrearages exceeding specified amounts. (Sec. 423) Amends part D of SSA title IV (Child Support and Establishment of Paternity) to mandate that approved State plans include procedures to satisfy child support arrearages by permitting State courts to order: (1) assignments of life insurance benefits; and (2) assignment of an interest in jointly held property. (Sec. 425) Expresses the sense of the Congress that the U.S. should ratify the United Nations Convention of 1956. Mandates that the States treat international child support cases in the same manner as interstate child support cases. (Sec. 426) Prescribes guidelines for shielding depository institutions from liability for providing financial records to State enforcement agencies in child support cases. (Sec. 427) Mandates that approved State plans include procedures to ensure: (1) cost-of-living adjustments in child support orders; (2) annual exchange of financial information by parties to a child support order; and (3) criminal penalties for failure to pay child support and the granting of use immunity may be granted to compel testimony in specified civil child support proceedings. Title V: Collection and Distribution - Prescribes priorities in the distribution of collected child support pursuant to an approved State plan. Directs the Comptroller General to report to the Congress on studies and pilot projects of systems under which States would be required to pay child support to the individuals to whom it is owed before making reimbursements to any State for AFDC provided with respect to such child. (Sec. 502) Mandates that approved State plans include procedures which limit State claims against the noncustodial parent to the assistance provided to the child. (Sec. 503) Revises the fee guidelines for State child support collection and paternity determination services. Title VI: Federal Role - Directs the Secretary to establish the Office of Child Support Enforcement under the direction of an Assistant Secretary. Expands the training programs for State child support enforcement programs. (Sec. 604) Directs the Secretary to develop the methodology for determining each State child support and paternity establishment program's staffing requirements. (Sec. 605) Amends the Employee Retirement Income Security Act of 1974 to revise the definition of "medical child support order". (Sec. 606) Instructs the Secretary to: (1) contract for a study of the audit process of the Office of Child Support Enforcement; and (2) make grants to the States for demonstration projects implementing a system of assured minimum child support payments. Authorizes appropriations. (Sec. 608) Amends the Internal Revenue Code to create the Children's Trust Fund for making expenditures to implement this Act. (Sec. 609) Instructs the Comptroller General to study and report to the Congress on: (1) the causes for nonpayment of child support; and (2) the efficacy of processing child support and parentage cases in States that use administrative processes as compared to those that use judicial or quasi-judicial processes. (Sec. 611) Directs the Office of Child Support Enforcement to: (1) produce and update a certain compendium entitled "A Guide to State Child Support and Paternity Laws" and (2) establish a permanent advisory committee on child support matters. Title VII: State Role - Mandates that State plans for child and spousal support include: (1) agency advocacy promoting the greatest economic security possible for children; (2) certain information on plan services for dissemination to each custodial parent; (3) an administrative procedure as the sole procedure for change of payee; and (4) conflict-of-interest restrictions upon State modification of a child support order. (Sec. 705) Provides for increased payments to States under the Child Support and Establishment of Paternity program, repealing provisions for State incentive payments.
Law· HRH.R. 4568 (103rd)enacted
United States · United States Congress · 13 June 1994
Makes additional FY 1994 appropriations for the following Department of Housing and Urban Development accounts: (1) mutual mortgage insurance program account; (2) general and special risk program account; and (3) guarantees of mortgage-backed securities loan guarantee program account.
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· SS. 2177 (103rd)referred
United States · United States Congress · 9 June 1994
Expresses the sense of the Congress that the President should intensify his efforts to recover from governments of North Atlantic Treaty Organization (NATO) countries the value of improvements (buildings, roads, etc.) made to U.S. military installations in such countries which are closed and turned over to such countries due to U.S. defense spending reductions. Amends the National Defense Authorization Act for Fiscal Year 1992 to require the President, before entering into negotiations with such countries for payments-in-kind for the value of such improvements, to provide written notice of such intentions to the defense subcommittees of the Senate and House Appropriations Committees. (Currently, only notice to the congressional defense committees is required.) Increases the required contents of such notice. Directs the President, prior to such an agreement being entered into by the Secretary of Defense, to: (1) submit to the Congress a request for rescission of appropriations for overseas base support with respect to such installation; (2) recommend to the Congress a reduction in the request for overseas base support in the amount of the value of the improvements; or (3) a combination of the above actions. Requires the total amount of reductions to be no less than the fair market value of the improvements to be released to the host country. Provides limitations to the Secretary in accepting payments-in-kind under this Act.
Bill· HRH.R. 4555 (103rd)referred
United States · United States Congress · 9 June 1994
TABLE OF CONTENTS: Title I: Grants to Encourage Establishment of Community Rural Health Networks Title II: Incentives for Health Professionals to Practice in Rural Areas Subtitle A: National Health Service Corps Program Subtitle B: Incentives Under Other Programs Title III: Assistance for Institutional Providers Subtitle A: Community and Migrant Health Centers Subtitle B: Emergency Medical Systems Subtitle C: Assistance to Rural Providers Under Medicare Subtitle D: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education Title IV: United States-Mexico Border Health Commission Title V: Hospital Antitrust Fairness Title VI: Financing Rural Health Delivery System Development Act of 1994 - Title I: Grant to Encourage Establishment of Community Rural Health Networks - Directs the Secretary of Health and Human Services to make grants to an eligible State for the development of plans to increase access to health care services for residents of areas in the State designated as chronically underserved areas. Provides for technical assistance for entities establishing or enhancing a community rural health network in an underserved rural area. Provides financial assistance to entities to provide for the development and implementation of community rural health networks. Authorizes appropriations. Title II: Incentives for Health Professionals to Practice in Rural Areas - Subtitle A: National Health Service Corps Program - Amends the Internal Revenue Code to exclude National Health Service Corps Loan Repayments from gross income. (Sec. 202) Amends the Public Health Service Act to take into consideration, when designating an area as a health professional shortage area, the number of individuals in the area paying through Medicare or Medicaid, the number of individuals who are uninsured, and the number of physicians who will accept additional Medicare and Medicaid patients. (Sec. 203) Increases the authorization of appropriations for the National Health Service Corps Scholarship and Loan Repayment Programs. Subtitle B: Incentives Under Other Programs - Amends title XVIII (Medicare) of the Social Security Act and the Higher Education Act of 1965 to provide incentives under those Acts to physicians informer shortage areas and to primary care physicians, in addition to those provided in Subtitle A. Directs the Secretary to develop and publish a model law for adoption by States to increase the access of individuals residing in underserved rural areas to health care services by expanding the services which non-physician health care professionals may provide in such areas. Title III: Assistance for Institutional Providers - Subtitle A: Community and Migrant Health Centers - Extends and increases the authorizations of appropriations for migrant health centers and community health centers. Subtitle B: Emergency Medical Systems - Revises title XII (Trauma Care) of the Public Health Service Act. Renames such title Emergency Health Services. Directs the Secretary to establish the Office of Emergency Medical Services to: conduct and support research and demonstration projects; (2) foster development of appropriate modern systems of services; (3) assist States; and (4) coordinate and sponsor related activities. Requires that activities meet the unique needs of underserved innercity and rural areas. Authorizes grants to States in order to improve the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Authorizes appropriations for emergency medical services and trauma care. (Sec. 312) Directs the Secretary to make grants to assist States in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments for injuries resulting from such emergencies. Authorizes appropriations. Subtitle C: Assistance to Rural Providers Under Medicare - Amends title XVIII (Medicare) of the Social Security Act to: (1) increase by two the number of States eligible to participate in the essential access community hospital program; and (2) make other revisions concerning such program, including permitting the participation of hospitals in urban areas and the participation of hospitals in States adjoining participating States. Extends, by three years, the deadline for the development of prospective payment systems for both inpatient and outpatient rural primary care hospital services. (Sec. 331) Defines a rural emergency access care hospital and rural emergency access care hospital services for purposes of title XVIII. Provides for the coverage of such services under part B (Supplementary Medical Insurance) of title XVIII. Subtitle D: Demonstration Projects to Encourage Primary Care and Rural-Based Graduate Medical Education - Directs the Secretary to establish and conduct a demonstration project to increase the number and percentage of medical students entering nonprimary care practice. Authorizes appropriations. Title IV: United States - Mexico Border Health Commission - Authorizes the President to conclude an agreement with Mexico to establish a binational commission known as the United-States-Mexico Border Health Commission which shall: (1) conduct a needs assessment in the United States-Mexico border area to identify, evaluate, prevent, and resolve health problems that affect the general population of the area; (2) implement actions recommended by the assessment; and (3) formulate recommendations concerning payment for such health care. Title V: Hospital Antitrust Fairness - Exempts the merger or attempted merger of hospitals from the application of the antitrust laws; if specified conditions are met, including that: (1)a hospital be located outside of a city or in a city of less than 150,000; and (2) consumer costs would not increase and access would not be reduced if there was a merger. Title VI: Financing - Amends the Internal Revenue Code to impose a tax based on the Medicare part B premium for individuals with a modified adjusted gross income exceeding $100,000 or $125,000 in the case of a joint return.
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).
Resolution· HCONRESH.Con.Res. 253 (103rd)referred
United States · United States Congress · 9 June 1994
Expresses the sense of the Congress against reducing FY 1995 assistance for certain housing for low-income elderly persons.
Bill· SS. 2165 (103rd)referred
United States · United States Congress · 8 June 1994
Fairness for Adopting Families Act - Amends the Internal Revenue Code to permit an individual income tax deduction for qualified adoption expenses. Makes deductible reasonable and necessary expenses that are directly related to a legal adoption of any child if the adoption has been arranged by a State, local, or other nonprofit agency or through a private placement. Excludes from an employee's gross income any amounts paid on behalf of the employee by an employer pursuant to a qualified adoption assistance program. Limits both the deduction and the exclusion to $5,000 ($7,000 in the case of an international adoption). Reduces the amount when the taxpayer's income exceeds $60,000. Permits an employer to treat an adoption assistance program as a statutory employee benefit plan, thus making the employer's contributions to such a program tax deductible as business expenses.
Bill· HRH.R. 4544 (103rd)referred
United States · United States Congress · 8 June 1994
Authorizes appropriations for the Government of the Northern Mariana Islands for capital infrastructure for FY 1995 and 1996 notwithstanding specified provisions of the December 1992 Agreement of the Special Representatives on Future Federal Financial Assistance for the Northern Mariana Islands. Makes such funding available only to the extent that matching funds are provided by such government on a project-by-project basis. Repeals a provision that requires direct grant assistance to the Northern Mariana Islands, upon expiration of the period of Federal financial assistance, to continue at the annual level provided for the last fiscal year of the additional period of seven years.
Bill· HRH.R. 4550 (103rd)open
United States · United States Congress · 8 June 1994
TABLE OF CONTENTS: Title I: Tax and Insurance Provisions Subtitle A: Tax Treatment of Health Care Expenses Subtitle B: Insurance Provisions Subtitle C: Employer Provisions Subtitle D: Federal Preemption Subtitle E: Report Title II: Medicare and Medicaid Reforms Subtitle A: Medicare Subtitle B: Medicaid Title III: Health Care Liability Reform Title IV: Administrative Cost Savings Subtitle A: Standardization of Claims Processing Subtitle B: Electronic Medical Data Standards Subtitle C: Development and Distribution of Comparative Value Information Subtitle D: Preemption of State Quill Pen Laws Title V: Anti-Fraud Subtitle A: Criminal Prosecution of Health Care Fraud Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities Title VI: Antitrust Provisions Title VII: Long-Term Care Title VIII: Welfare Restrictions for Aliens Title IX: Increase in Assistance to Community and Migrant Health Centers from Residual Savings Consumer Choice Health Security Act of 1994 - Title I: Tax and Insurance Provisions - Subtitle A: Tax Treatment of Health Care Expenses - Amends the Internal Revenue Code to allow a tax credit for health care expenses based upon percentages of qualified health insurance premiums and adjusted gross income. Provides for employers to make advance payments of such credit. (Sec. 102) Allows individuals a tax credit for a percentage of contributions made to a medical care savings account established for the benefit of an eligible individual. Exempts such accounts from taxation. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. (Sec. 103) Terminates the medical expense deduction, the deduction for health insurance costs of self-employed individuals, and the exclusion for employer-provided health insurance. Subtitle B: Insurance Provisions - Part I: Federally Qualified Health Insurance Plans - Sets forth requirements for federally qualified health insurance plans, including coverage for acute medical care, cost-sharing, premium rating practices, and guaranteed issuance and renewability. Part II: Certification of Federally Qualified Health Insurance Plans - Requires States to meet standards for regulatory programs for the certification of federally qualified health insurance plans. Subtitle C: Employer Provisions - Requires employers to: (1) withhold health insurance premiums from employee wages and remit such premiums to the employee's chosen insurer; and (2) notify each employee of their right to claim an advance refundable tax credit for such premiums. (Sec. 122) Provides for the conversion of existing insurance plans to required coverage under this Act. (Sec. 125) Establishes the Benefits Cash Out Commission to propose a procedure under which individuals may cash out Federal health benefits. Provides for congressional consideration of such proposal prior to its implementation. (Sec. 126) Imposes excise taxes on employers and health insurance carriers for noncompliance with this Act. Subtitle D: Federal Preemption - Preempts specified State laws concerning health insurance. Subtitle E: Report - Requires the Secretary of Health and Human Services to report to the Congress five years after the enactment of this Act on certain aspects of health insurance coverage. Title II: Medicare and Medicaid Reforms - Subtitle A: Medicare - Directs the Secretary to study and report to the Congress on the feasibility of permitting future Medicare beneficiaries to elect, upon attaining Medicare eligibility, to retain private health insurance coverage and receive, in lieu of Medicare benefits, certificates for use in purchasing private health insurance coverage. (Sec. 202) Amends title XVIII (Medicare) of the Social Security Act (SSA) to eliminate Medicare hospital disproportionate share adjustment payments. (Sec. 203) Revises the formula to reduce the adjustment for indirect medical education. (Sec. 204) Declares that the amount payable for post-hospital extended care services furnished an individual during any spell of illness shall be reduced by a copayment equal to 20 percent of the average of all per day costs for such services. (Sec. 205) Changes payment updates for all payment rates under the hospital insurance program from a fiscal year to a calendar year basis. (Sec. 206) Revises the existing schedule to accelerate the transition to prospective rates for facility costs in hospital outpatient departments. Subtitle B: Medicaid - Amends SSA title XIX (Medicaid) to specify a cap on Federal payments for acute medical services furnished under the Medicaid program. (Sec. 212) Directs the Secretary to establish a process under which a State with an approved plan may apply for waivers of SSA requirements in order to establish innovative and cost effective programs for furnishing acute medical services to eligible Medicaid recipients. (Sec. 213) Terminates disproportionate share payments. (Sec. 214) Directs the Secretary to make grants to States for programs under which individuals with incomes below 150 percent of the income official poverty line are provided health insurance coverage, acute medical services, preventive care, and disease prevention services. Title III: Health Care Liability Reform - Health Care Liability Reform Act of 1994 - Applies this subtitle to any health care malpractice action filed in any Federal or State court and any such claim resolved through arbitration. (Sec. 303) Limits to $100,000 what any person may be required to pay in a single payment in damages for expenses to be incurred in the future, but allows for periodic payments. States that the total amount of damages received by an individual shall be reduced by any other compensatory payments received under certain Federal, State, or private programs. Sets a statute of limitations for medical malpractice liability claims of two years after an alleged injury should reasonably have been discovered, but in no event more than four years after the alleged injury occurred (or in the case of a minor under age six, no later than the tenth birthday). Sets forth limitations on attorney's fees. (Sec. 304) Prohibits the application of strict liability to any manufacturer or seller of a health care product approved by the Food and Drug Administration (FDA) for any injury alleged to have resulted from: (1) a defect in product design; or (2) a failure to warn or instruct regarding a risk posed by the product that was neither known nor reasonably knowable at the time the product left the manufacturer's or seller's control. States that a manufacturer or seller of a health care product that is to be prescribed by, or used at the direction of, a health care professional shall not be liable (except in specified circumstances) for harm allegedly caused by a failure to warn or instruct the ultimate product user or recipient (unless the FDA specifically requires a warning or instruction to the ultimate user or recipient), if the manufacturer or seller provided adequate warning or instruction to the user's or recipient's health care professional. (Sec. 305) Limits to $250,000 the total amount of noneconomic damages awardable to a plaintiff and family for losses resulting from the injury which is the subject of a medical malpractice liability action. Declares that the liability of each defendant in such an action shall be several only and not joint, and limited to the defendant's percentage of responsibility. Allows punitive damages only if clear and convincing evidence establishes that the claimant suffered harm as the result of conduct by the defendant exhibiting conscious, flagrant indifference to the health of persons who might be harmed by the product. Prohibits the award of punitive damages against a manufacturer or seller (except in specified circumstances) for harm caused by an FDA-approved health care product. Title IV: Administrative Cost Savings - Subtitle A: Standardization of Claims Processing - Directs the HHS Secretary to adopt (taking into account the recommendations of specified taskforces) standards relating to: (1) data elements for use in paper and electronic claims processing; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. Sets forth requirements for application of such standards, and their periodic review and revision. Subtitle B: Electronic Medical Data Standards - Directs the HHS Secretary to promulgate electronic medical data standards meeting specified criteria for hospitals and other providers. Sets a deadline for each hospital with a Medicare participation agreement to meet such standards. (Sec. 413) Authorizes the heads of appropriate Federal agencies, as of January 1, 2000, to require health care providers to present and transmit data elements electronically according to such standards. (Sec. 415) Directs the HHS Secretary to establish an advisory commission to monitor and advise about the standards established under this subtitle and operational concerns about their implementation. Authorizes appropriations. Subtitle C: Development and Distribution of Comparative Value Information - Requires States to develop and implement a health care value information program meeting certain criteria according to a specified schedule. Authorizes the HHS Secretary to make grants to States to enable them to develop such programs. (Sec. 422) Directs the HHS Secretary to take necessary action to implement a comparable information program in any State that fails to develop and implement one. (Sec. 423) Requires the head of each Federal agency responsible for provision of health insurance or of health care services to individuals to develop promptly health care comparative value information. Subtitle D: Preemption of State Quill Pen Laws - Preempts any State law that requires medical or health insurance records (including billing information) to be maintained in written rather than electronic form. Title V: Anti-Fraud - Subtitle A: Criminal Prosecution of Health Care Fraud - Amends the Federal criminal code to impose penalties upon a health care provider that knowingly engages in any scheme or artifice to defraud a person in connection with the provision of health care. (Sec. 502) Authorizes the Attorney General to pay a reward of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution for health care fraud, with exceptions. Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities - Amends the Social Security Act to provide for: (1) the application of Federal health anti-fraud and abuse sanctions to all fraud and abuse against any health insurance plan; and (2) treble damages for making or causing to be made false statements or representations involving Medicare or State health care programs, for illegal remuneration, and for false statements or representations with respect to the condition or operation of health care institutions. Directs the Secretary of Health and Human Services, in consultation with State and local health care officials, to: (1) identify opportunities for the satisfaction of community service obligations that a court may impose upon the conviction of a criminal offense involving Medicare or State health care programs; and (2) make information concerning such opportunities available to Federal and State law enforcement officers and State and local health care officials. Title VI: Antitrust Provisions - Exempts from the antitrust laws specified "safe harbor" activities related to the provision of health care services. Sets forth provisions regarding the award of attorney fees and costs of suit to the prevailing party in an action based on a claim involving activity found to be exempt. (Sec. 602) Lists as safe harbors specified: (1) activities relating to health care services of combinations of health care providers with market share below a specified threshold; (2) activities of medical self-regulatory entities relating to standard setting or enforcement activities not conducted for purposes of financial gain; (3) participation of a health care provider in a written survey of the prices of services, reimbursement levels, or the compensation and benefits of employees and personnel; (4) activities relating to health care joint ventures for high technology and costly equipment and services; (5) activities relating to hospital mergers; (6) joint purchasing arrangements; and (7) negotiations. (Sec. 603) Directs the Attorney General to publish a notice in the Federal Register soliciting proposals for additional safe harbors and to review and report to the Congress on proposed safe harbors. Sets forth criteria in establishing safe harbors, including: (1) the extent to which a competitive or collaborative activity will accomplish an increase in health care access and quality, the establishment of cost efficiencies, and increased ability of health care facilities to provide services in medically underserved areas or to underserved populations; and (2) whether designation as a safe harbor will result in specified desirable outcomes. (Sec. 604) Directs the Attorney General to issue certificates of review for providers of health care services and to assist persons in applying for such certificates. Sets forth provisions regarding applications for, revocation of, and review of determinations regarding such certificates. Limits the disclosure of information. (Sec. 605) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 606) Directs the Attorney General to: (1) review the safe harbors and certificates of review periodically; and (2) promulgate such rules, regulations, and guidelines as necessary to carry out provisions of this title. Title VII: Long-Term Care - Amends the Internal Revenue Code to exclude from gross income certain amounts withdrawn from individual retirement accounts and certain employer cash or deferred arrangements to pay long-term care premiums. (Sec. 702) Provides for the nonrecognition of gain or loss on the exchange of any life insurance contract or an endowment or annuity contract for a long- term care insurance contract. (Sec. 703) Provides for the exclusion as a death benefit of any amount paid or advanced to an individual under a life insurance contract because such individual is terminally ill, or chronically ill and has been permanently confined to a qualified facility. Title VIII: Welfare Restrictions for Aliens - Makes aliens (with exceptions for refugees, aged, and current residents) ineligible for specified public welfare assistance (except for emergency medical assistance). Amends the Social Security Act to require State Aid to Families with Dependent Children (AFDC) agencies to provide information on illegal aliens to the Immigration and Naturalization Service. Title IX: Increase in Assistance to Community and Migrant Health Centers From Residual Savings - Directs the HHS Secretary to provide for a program of grants to migrant and community health centers to promote primary health care services for underserved individuals. Authorizes appropriations. (Sec. 901) Requires the Secretary to study and report to Congress on the impact of such grants on access to health care, birth outcomes, and the use of emergency room services.
Bill· HRH.R. 4546 (103rd)referred
United States · United States Congress · 8 June 1994
Family Investment and Self-Sufficiency Act of 1994 - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to permit a State agency to disregard: (1) the earned income of AFDC recipients; and (2) the child support payments received by them. Amends the Internal Revenue Code relating to refunding credits to allow as a credit against tax a specified percentage of any cash paid by or on behalf of a low-income individual to a qualified asset account for the individual's benefit. Exempts such accounts from taxation. Increases the amount of income that a State agency shall disregard with respect to the stepparent of an AFDC child recipient. Repeals the mandate that State AFDC plans provide aid to dependent children of unemployed parents in accordance with specified requirements. Denies AFDC benefits for applicants who have abandoned a child. Grants a State AFDC plan the option to: (1) deny benefits for additional children and for children who have not received required immunizations; (2) disregard certain income and resources designated for education, training, employability, or self-employment; and (3) increase to $3,000 the disregard limitation on the value of an AFDC family's automobile. Modifies the treatment of student earnings under the AFDC program.
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.
Resolution· HRESH.Res. 447 (103rd)passed
United States · United States Congress · 8 June 1994
Sets forth the rule for the consideration of H.R. 4539 (FY 1995 appropriations for the Department of the Treasury, the United States Postal Service, the Executive Office of the President, and certain independent agencies).
Bill· SS. 2160 (103rd)open
United States · United States Congress · 7 June 1994
TABLE OF CONTENTS: Title I: Repeal of Corporate Income Tax Title II: Individual Income Tax Relief Title III: Business Activities Tax Comprehensive Tax Restructuring and Simplification Act of 1994 - Title I: Repeal of Corporate Income Tax - Amends the Internal Revenue Code to terminate corporate income tax. Provides for taxing corporations based on business activities. Treats distributions to shareholders as ordinary income of the shareholder. Allows certain businesses to elect to be taxed as domestic corporations. Title II: Individual Income Tax Relief - Reduces the payroll tax (old-age, survivors and disability insurance) for employers and employees by 50 percent. Increases the standard deduction for low-income taxpayers. Establishes an individual tax credit for low-income taxpayers and provides for advance payment of such credit. Title III: Business Activities - Imposes a business activities tax of 14.5 percent on the amount by which gross business receipts exceed business purchases. Treats the following as business activities of a governmental entity: (1) public utility services; (2) mass transit services; (3) postal services; and (4) any activity not involving the exercise of any essential governmental function. Excepts certain tax-exempt organizations from the tax unless the activity constitutes an unrelated trade or business. Provides the treatment for post-sale price adjustments, refunds, and bad debts. Sets forth special rules for the administration of the business activity tax. Allows a tax credit for taxable periods of excess business purchases. Exempts certain small businesses from the business activity tax.
Bill· SS. 2159 (103rd)referred
United States · United States Congress · 7 June 1994
Transportation Employee Equitable Treatment Act of 1994 - Amends Federal maritime law to prohibit an individual who is employed as a master, seaman, or pilot of a vessel in more than one State or local government jurisdiction from being liable for the payment of income taxes in a State or local government jurisdiction other than the one where he or she resides.
Bill· HRH.R. 4522 (103rd)referred
United States · United States Congress · 26 May 1994
Federal Communications Commission Authorization Act of 1994 - Amends the Communications Act of 1934 (the Act) to authorize appropriations for the Federal Communications Commission for FY 1995. Derives a portion of the sum of such appropriations in each fiscal year in an amount determined from the establishment and adjustment of regulatory fees under the Act.
Bill· HRH.R. 4533 (103rd)passed
United States · United States Congress · 26 May 1994
National Park Service Entrepreneurial Management Reform Act - Directs the Secretary of the Interior to establish reasonable admission fees to units of the National Park System (NPS). (Sec. 4) Authorizes the Secretary to make annual permits available at reasonable fees for admission or entrance to any NPS unit, into several specific units located in a particular geographic area, or for entrance to all units where an admission fee is charged as designated by the Secretary. Requires the Secretary to establish reasonable fees for: (1) admission for a single visit at any designated NPS unit for persons who choose not to purchase an annual pass; (2) specialized outdoor recreation sites, facilities, equipment, or services that are furnished or provided at Federal expense; and (3) uses of park units that require special arrangements including permits. Requires fees collected for admission and recreational uses to be deposited in the special fund account established in the Land and Water Conservation Fund Act of 1965 with the exception of certain fees to be deposited into the: (1) Fee Collection Support-NPS fund to cover fee collection cost; and (2) National Park Renewal Fund to be available to the Secretary, without further appropriation, for infrastructure needs at the parks. Sets forth provisions regarding: (1) the use of such fees; (2) discounts and fee waivers; and (3) criteria for the establishment of fees. (Sec. 5) Authorizes: (1) the Secretary to solicit donations of money, property, and services from potential donors who the Secretary believes would wish to make such donations as an expression of support for the national parks; and (2) National Park Service (Service) employees to solicit donations under specified conditions. Prohibits acceptance of donations which: (1) attach conditions inconsistent with applicable laws and regulations; (2) are conditioned upon or require the expenditure of appropriated funds that are not available to the Department; or (3) compromise a criminal or civil position of any Federal department or agency or the administrative authority of any Federal agency. Prohibits Service employees from directly conducting or executing major fund raising campaigns. Allows them to cooperate with other whom the Secretary designates to conduct such campaigns on behalf of the Service. (Sec. 6) Authorizes the Secretary to negotiate and enter into challenge cost-share agreements with any State or local government, public or private agency, organization, institution, corporation, individual, or other entity. Authorizes the Secretary, subject to appropriation, to provide the Federal funding share from any funds available to the Service. (Sec. 7) Requires any funds payable to the United States as restitution for damage to park resources or property to be paid to the Secretary. Allows the use of such funds, and any other funds received by the Secretary resulting from forfeiture, compromise, or settlement on account of such damage to be available, without appropriation, and to be expended by the Secretary, without regard to fiscal year limitation, to improve, protect, or rehabilitate any park resources or property which have been damaged by the action of a permittee or any unauthorized person.
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.
Bill· HRH.R. 4510 (103rd)open
United States · United States Congress · 26 May 1994
Insurance Tax Fairness Act of 1994 - Amends the Internal Revenue Code to revise the method for determining the limitation on the deduction of policyholder dividends by mutual life insurance companies. Exempts small life insurance companies from the required capitalization of certain policy acquisition expenses. Expresses the sense of the Congress that revenues resulting from this Act be dedicated to the funding of programs benefiting the nutrition, early education, housing, and family support of the Nation's children.
Bill· HRH.R. 4519 (103rd)open
United States · United States Congress · 26 May 1994
TABLE OF CONTENTS: Title I: Improved Access to Affordable Health Care Subtitle A: Increased Availability and Continuity of Health Coverage for Employees and Their Families Subtitle B: Preemption of Scope of State Regulation Subtitle C: Health Deduction Fairness Title II: Removing Anti-Trust Impediments Small Business Health Insurance Choice Act - Title I: Improved Access to Affordable Health Care - Subtitle A: Increased Availability And Continuity of Health Coverage of Health Coverage for Employees and their Families - Prohibits a group health plan limiting coverage or excluding from coverage based on a pre-existing condition if: (1) the condition was not diagnosed within three months before coverage; (2) the limitation or exclusion extends over more than six months after coverage; (3) the limitation or exclusion applies to an individual who, as of the date of birth, was covered; or (4) the limitation or exclusion relates to pregnancy. Sets forth continuity of coverage provisions. Prohibits a plan from cancelling coverage or denying renewal, except for such reasons as nonpayment of premiums, fraud, or because the plan no longer provides coverage in a geographic area. Provides for enforcement by the Department of Labor for employers and group health plans. Amends the Internal Revenue Code to impose an excise tax on the failure of an insurer to comply with the requirements of the preceding paragraph. Provides for an exception to the tax if a State has adequate sanctions. Subtitle B: Preemption of Scope of State Regulation - Prohibits a State or local law from: (1) requiring coverage of one or more specific benefits, services, or categories of health care, or services of any class or type of provider; and (2) prohibiting two or more employers from obtaining coverage under an insured multiple employer health plan. Preempts for five years provisions of State law concerning: (1) restrictions on reimbursement rates or selective contracting; and (2) restrictions on differential financial incentives. Subtitle C: Health Deduction Fairness - Extends permanently and increases to 100 percent the health insurance tax deduction for self-employed individuals. Permits the deduction of uncompensated health insurance costs without regard to the adjusted gross income threshold for individuals who are not eligible to participate in any subsidized health plan maintained by either an employer or spouse. Title II: Removing Antitrust Impediments - Provides for a program which permits a health care joint venture to apply for a limited exemption from the antitrust laws, Permits a health care joint venture to apply for a certificate of public advantage. Directs the Attorney General to issue the certificate if: (1) the benefits of issuance are likely to outweigh the reduction in competition; and (2) the reduction in competition is reasonably necessary to obtain the desired benefit. Establishes the Interagency Advisory Committee on Competition, Antitrust Policy, and Health Care to evaluate competition and antitrust policy with respect to the performance of health care markets and to report recommendations to the Congress.
Bill· HRH.R. 4516 (103rd)referred
United States · United States Congress · 26 May 1994
TABLE OF CONTENTS: Title I: Establishment of Federal Standards for Long-Term Care Insurance Title II: Tax Treatment Subtitle A: Long-Term Care Insurance Subtitle B: Payments under Life Insurance Contracts to Terminally Ill Individuals Title III: Elimination of Medicaid Restriction on State Asset Protection Programs Title IV: State Programs for Home and Community-Based Services for Individuals with Disabilities Title V: Rebasing Medicare Payment Rates Subtitle A: Rehabilitation Hospitals Subtitle B: Long-Term Hospitals Long-Term Care Act of 1994 - Title I: Establishment of Federal Standards for Long-Term Care Insurance - Amends the Public Health Service Act to mandate the establishment of model Federal standards for long-term care insurance. Prohibits the offering of a long-term care insurance policy in a State unless the State has a regulatory program meeting the requirements of this Act or the policy has been certified by the Secretary of Health and Human Services. Authorizes grants to States for demonstration programs to improve enforcement of the standards. Authorizes appropriations. Imposes on agents selling long-term policies a duty of good faith and fair dealing. Prohibits twisting, high pressure tactics, and cold lead advertising. Mandates minimum financial standards, including income and asset criteria, for advising individuals considering the purchase of a long-term policy. Prohibits sales: (1) to an individual eligible for assistance under title XIX (Medicaid) of the Social Security Act; (2) of duplicate service policies; and (3) of policies that reduce, limit, or coordinate benefits on the basis of eligibility for other coverage or benefits. Provides for: (1) criminal and civil penalties; and (2) agent training and certification. Sets forth additional carrier responsibilities relating to refunding of premiums, mailing of policies, providing information on denials of claims, reporting of information, and limiting compensation to agents for the sale or renewal of policies. Prohibits cancellation or nonrenewal of a long-term care policy except for nonpayment of premium or material misrepresentation. Sets forth continuation and conversion rights for group policies, regulating premiums for converted policies. Requires guaranteed issuance to an individual if the individual meets the minimum medical requirements of the policy. Mandates standards regarding upgraded benefits. Limits cancellation for nonpayment by an incapacitated individual. Requires: (1) subject to exceptions, uniform language and definitions, uniform format, and at least one standard benefit package; and (2) disclosure of certain matters, including an outline of coverage. Mandates recommendations by the National Association of Insurance Commissioners (NAIC) regarding informing consumers on the long-term economic viability of long-term care insurance carriers. Limits certain conditions on benefits. Requires, if benefits are provided for home health care or community-based services, that certain minimum benefits be provided. Prohibits treating cognitive or mental impairments (including Alzheimer's disease and mental illness) differently from other medical conditions. Limits preexisting condition requirements. Requires: (1) each claimant to have a functional assessment by an individual or entity meeting NAIC qualifications and unconnected to the policy issuer; (2) inflation protection, unless rejected in writing by a policyholder; (3) disclosure of certain premium increases; and (4) nonforfeiture benefits. Prohibits a carrier from contesting a policy or claim based on fraud or misrepresentation unless notice is provided within a time period set by NAIC. Establishes the right of a purchaser to return a policy within a specified period. Defines "long-term care insurance policy." Excludes from such definition: (1) any basic Medicare supplemental policies; (2) other insurance offered primarily to provide specified types of coverage; and (3) certain life insurance policies. Authorizes grants for programs to provide information, counseling, and assistance regarding the procurement of long-term insurance. Authorizes appropriations. Title II: Tax Treatment - Subtitle A: Long-Term Care Insurance - Amends the Internal Revenue Code to provide for the treatment of qualified long-term care insurance or plans as accident and health insurance for purposes of: (1) insurance company taxation; (2) the exclusion of benefits; and (3) the deduction for employer premiums. (Sec. 203) Excludes from the penalty tax on early distributions from qualified retirement plans distributions for qualified long-term care insurance premiums. (Sec. 204) Includes amounts paid for qualified long-term care services as medical expenses for individual itemized deductions. Includes any parent or grandparent as a dependent for purposes of such expenses. (Sec. 205) Authorizes additional reserves in welfare benefit plans for post-retirement long-term care benefits. (Sec. 206) Permits long-term care insurance contracts to be offered in cafeteria plans. Subtitle B: Payments Under Life Insurance Contracts to Terminally Ill Individuals - Requires that payment under a life insurance contract on the life of an insured who is terminally ill be treated as a death benefit, making such payment eligible for tax exclusion from gross income. (Sec. 212) Provides that any reference to life insurance shall be treated as referring to a qualified terminal illness or dread disease rider. Provides for the tax treatment of such riders. Title III: Elimination of Medicaid Restriction on State Asset Protection Programs - Amends the title XIX (Medicaid) of the Security Act to eliminate restrictions on State asset protection programs with respect to long-term care insurance. Title IV: State Programs for Home and Community-based Services for Individuals With Disabilities - Provides allotments to States that have a plan for home and community-based services to individuals with disabilities. Specifies the total Federal budget for such plans. Title V: Rebasing Medicare Payment Rates - Subtitle A: Rehabilitation Hospitals - Amends title XVIII (Medicare) of the Social Security Act to revise payment rules for operating costs of rehabilitation hospitals. Subtitle B: Long-Term Hospitals - Revises payment rules with respect to certified long-stay hospitals servicing a significant proportion of low-income patients.
Bill· HRH.R. 4509 (103rd)referred
United States · United States Congress · 26 May 1994
Prohibits the President from entering into a trade agreement that reduces tariffs or provides other trade benefits with respect to another country if such country has: (1) seized control of property owned by a U.S. citizen or a corporation that is 50 percent or more owned by U.S. citizens; (2) taken steps to repudiate an existing contract or agreement with, or patent, trademark, or other intellectual property of, such citizen or U.S. corporation; (3) imposed taxes, restrictive conditions, or other measures with respect to such property; or (4) failed to act in good faith in enforcing arbitral awards in favor of U.S. citizens or U.S. owned corporations. Declares such prohibition shall apply unless the President submits to the Congress a determination that adequate compensation has been provided to such citizen or corporation.