An original bill to authorize appropriations for fiscal year 1995 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy; to prescribe personnel strengths for such fiscal year for the Armed Forces; to revise and streamline the acquisition laws of the Federal Government; and for other purposes.
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
Subtitle D: Professional Military Education
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 Pre-release Services of
Nonviolent Offenders
Subtitle G: Discrimination and Sexual Harassment
Subtitle H: Other Matters
Division B: Military Construction Authorizations
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: Civilian 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 - 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. Earmarks specified Navy funds for procurement by the Joint Training, Analysis and Simulation Center of the U.S. Atlantic Command.
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.
Authorizes the Secretary of the Army to acquire up to 6,000 bunker defeat munition weapons. Earmarks funds for such purpose.
Subtitle C: Navy Programs - Transfers $1.2 billion from the National Defense Sealift Fund for the CVN-76 nuclear aircraft carrier program.
(Sec. 122) Limits, with authorized increases, the total amount to be obligated or expended for procurement of the SSN-21 and 22 Seawolf submarines.
(Sec. 123) Expresses the sense of the Congress that the Secretary of the Navy should plan and budget for the attainment of a 12th naval amphibious ready group. Requires a report.
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.
(Sec. 132) Prohibits funds authorized to be appropriated by this or any other Act from being obligated or expended during FY 1995 to retire any B-52H, B-1B, or F-111 bomber aircraft.
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. Directs the Secretary to report to the Senate and House Armed Services and Appropriations Committees (congressional defense committees) two estimates of the total acquisition cost of 20 additional bomber aircraft.
(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.
(Sec. 143) Authorizes the Secretary of the Army to sell manufactured articles or services to a person outside DOD if such Secretary determines that the articles or services are not available from a commercial U.S. source and certain other requirements are met.
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; (2) the Strategic Environmental Research and Development Program; and (3) high resolution imaging of space objects.
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 (BMDO) program funds until the Secretary submits a report required under the National Defense Authorization Act for Fiscal Year 1994.
(Sec. 224) Authorizes the BMDO to retain management and budget responsibility for chemical technology laser programs.
(Sec. 225) Requires the President to seek the advice and consent of the Senate before negotiating any international agreement that substantively modifies the ABM Treaty.
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 private 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 private industry on the R&D of such technologies. Provides funding for such programs.
(Sec. 235) Amends the Small Business Act to authorize the Administrator of the Small Business Administration to make $1 billion in guaranteed loans to small businesses for defense conversion purposes.
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) Directs the Secretary to request the National Research Council of the National Academy of Sciences to conduct a study (and report to the Secretary and the Congress) regarding the desirability of waiving the live-fire survivability testing requirements for the F- 22 aircraft program.
(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.
(Sec. 250) Directs the Secretary and the NASA Administrator to jointly carry out, and report to the congressional defense committees on, a study to determine the costs, feasibility, and advisability of the development and utilization of a system to deliver energy to satellites by beaming high power laser energy from ground sources.
(Sec. 251) Requires the Secretary to review and report to the congressional defense committees on the advanced threat radar jammer before entering into an agreement with a foreign government for its development. Excepts major U.S. allies from such requirement.
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.
(Sec. 307) Directs the Secretary, after submission of a specified required report from the Commission on Roles and Missions of the Armed Forces, to review its findings on the roles and requirements for general purpose Air National Guard fighter units, and to take certain action with respect to the appropriate level of primary aircraft authorized for such units.
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.
(Sec. 324) Extends through December 31, 1999, the authority of the Secretary to issue surety bonds under the Defense Environmental Restoration Program.
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.
(Sec. 334) Directs the Secretary to study and report to the Congress on the interest among DOD employees in obtaining retirement credit for service performed before January 1, 1987, as employees of a nonappropriated fund instrumentality.
(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 December 31, 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.
(Sec. 357) Authorizes the Secretary to transfer a specified sum to the Maritime Administration to provide for the purchase of roll-on or roll-off vessels for the Ready Reserve.
(Sec. 358) Earmarks funds from this Act for the payment of stipulated civil penalties assessed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
(Sec. 359) Authorizes the Secretary to sell to persons outside DOD articles and services that are produced in working-capital funded industrial facilities of the armed forces and that are not available from any U.S. commercial source. Authorizes the Secretary to designate up to three such facilities for such sales. Provides sale conditions and methods.
(Sec. 360) Directs the Secretary of the Army to study and report to the congressional defense committees concerning the feasibility and advisability of establishing at Fort Riley, Kansas, a land management activities and training center.
(Sec. 361) Earmarks funds from this Act for the procurement of portable ventilators for the Defense Medical Facility Office, Fort Detrick, Maryland.
(Sec. 362) Directs the DOD Inspector General to review and report to the defense committees on a representative sample of DOD commercial contracts to determine the rate of cost growths in such contracts.
(Sec. 363) Directs the Secretary, before entering into any DOD advisory and assistance services contract in excess of $100,000, to determine whether DOD personnel can perform the services proposed under the contract.
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.
(Sec. 506) Provides for the original appointments of limited duty Navy and Marine Corps officers serving in temporary grades. Directs the Secretary to ensure that officers selected for designated judge advocate positions are selected by boards governed by the procedures prescribed for military officer selection boards.
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 without 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.
(Sec. 514) Expresses the sense of the Senate that DOD should establish a standard readiness and evaluation system for National Guard and reserve units and that such units should be trained and modernized to enable them to carry out the full range of missions required under the Pentagon's Bottom Up Review.
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.
(Sec. 522) Provides commencement dates for the payment of transitional compensation to the dependents of military personnel who are court-martialed or separated from service for dependent-abuse offenses. Entitles dependents receiving such compensation to military medical and dental care, use of commissary and exchange stores, and any other benefits which such persons are entitled to receive based on their military dependent status.
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.
(Sec. 634) Directs the Secretary concerned, in the case of the computation of military pay to prevent pay inversions, to waive any regulation which requires a member to serve for a minimum period in a grade as a condition for retirement.
(Sec. 635) Requires cost-of-living increases in contributions to the Survivor Benefit Plan to be effective concurrently with the payment of related military retired pay cost-of-living increases.
(Sec. 636) Requires the application of identical effective dates in cost-of-living increases in civil service annuities for civilian employees and military retired pay for former military personnel.
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.
(Sec. 655) Authorizes the Secretary concerned to reimburse military personnel for transient housing expenses incurred in order to perform annual or inactive-duty training.
(Sec. 656) Directs the Comptroller General to study and report to the defense committees on the offset of veterans' disability compensation from the Department of Veterans Affairs by the receipt of military separation benefits and incentives such as the special separation benefit or the voluntary separation incentive.
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) Directs the Secretary to study and report to the Congress on possible financial relief from late enrollment penalties for military retirees and dependents who reside within the service area of a base closure site and who have failed to timely enroll in Medicare part B due to reliance upon the military medical facility located at such site.
(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.
(Sec. 710) Directs the Assistant Secretary of Defense (Health Affairs) to determine DOD's cost expenditures for pediatric care for FY 1992 through 1994 under the program for delivery of health care services in the Tidewater, Virginia, region. Requires the Assistant Secretary to use such cost analysis in determining the appropriate standards, limitations, and requirements for any managed care system for pediatric care by DOD.
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 relating to small business subcontracting set asides and bid proposals; and (2) DOD policy regarding the Mentor-Protege Program.
(Sec. 816) Provides credit to businesses, for purposes of meeting certain DOD subcontracting goals for providing business to small and disadvantaged businesses, for subcontracting with a central nonprofit agency designated by the Committee for Purchase from People Who Are Blind or Severely Disabled. Extends such program through FY 1997.
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.
(Sec. 825) Requires the head of the agency concerned, at the time of award for a cooperative agreement or other transaction under the defense technology reinvestment program, to include in the file a brief explanation of the manner in which such award advances and enhances a particular national security objective or policy.
(Sec. 826) Requires the Comptroller General to report to the Congress an assessment of the extent to which defense technology and industrial base program awards for cooperative agreements attain certain defense policy objectives.
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.
(Sec. 913) Amends the National Defense Authorization Act for Fiscal Year 1994 to increase from seven to eight the authorized membership of the Commission. Requires the new member to have previous military and management experience with the reserve components.
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. Directs the Comptroller General to submit to the appropriate congressional committees an evaluation of the University, requiring certain cost comparisons, assessments, reviews, and recommendations.
(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.
(Sec. 924) Amends the Job Training Partnership Act to include for assistance under such Act's defense conversion adjustment program those workers affected by reductions in the export of defense articles and services as a result of U.S. policy. Includes such workers within the defense diversification program under such Act.
Subtitle D: Professional Military Education - Authorizes the President of the Marine Corps University to award the degree of master of military studies.
(Sec. 932) Constitutes a Board of Advisors to the University, requiring the Board to visit the University semiannually upon the call of the University President.
(Sec. 933) Authorizes the Commander of the Air University to award the degree of master of airpower art and science.
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.
(Sec. 1004) Limits to ten percent the amount of FY 1995 advance procurement funds that may be obligated by the Secretary unless he has submitted to the Congress the FY 1996 future-years defense program along with a certification that such program complies with certain budgetary requirements.
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.
(Sec. 1017) Expresses as the policy of the United States that the NATO allies should assist in paying the incremental cost incurred by the United States in maintaining U.S. military personnel in Europe to perform NATO support activities. Directs the President to take all necessary action to implement such burdensharing policy. Requires the Secretary to include specified information concerning such personnel in his annual burdensharing report.
(Sec. 1018) Directs the Secretary to: (1) carry out a comprehensive review of the current authorities to engage in cooperative regional security programs with countries in the Western Hemisphere in order to determine whether such authorities continue to be appropriate and necessary; and (2) after appropriate consultation, report to the defense committees on regional defense matters.
(Sec. 1019) Expresses the sense of the Congress that the President should: (1) intensify efforts to recover from U.S. allies the residual value of real property released by the United States to such countries as part of the closure of overseas U.S. military installations; (2) negotiate with the government of each NATO host country for the payment of the negotiated value of such improvements; and (3) enter into negotiations for payments-in-kind only as a last resort and only after informing the Congress that other payments have been unsuccessful. Requires all in-kind contributions received by DOD to be used for DOD identified priorities. Amends the National Defense Authorization Act for Fiscal Year 1991 to provide certain requirements and limitations with respect to payments-in-kind authorized under such Act. Provides for congressional oversight of such payments, including required prior notification to the Congress of proposed in-kind agreements with NATO host countries.
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) identify 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 Department of Energy 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. Authorizes the Secretary, as necessary in the national interest, to transfer amounts made available to DOD in this Division for FY 1995 to counterproliferation programs, projects, and activities identified as areas for progress by the Joint Committee for the Review of Counterproliferation Programs. Limits to $100 million the total amount authorized to be transferred. Requires congressional notification of all such transfers. Earmarks specified technology development funds authorized in this Act for certain counterproliferation activities, including a training program to expand and improve U.S. efforts to deter the possible proliferation and acquisition of weapons of mass destruction by organized crime organizations in Eastern Europe, the Baltic countries, and the former Soviet Union. Prohibits the availability of training funds until submission to the Congress of a report by the Secretary and the FBI Director.
(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) Terminates, with exceptions, certain reporting requirements under current Federal law which were recommended for termination by DOD.
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: Discrimination and Sexual Harassment - Directs the Secretaries of the Navy and Air Force to review and revise their respective regulations relating to equal opportunity policy and complaint procedures to ensure that such regulations are substantially equivalent to Army regulations for such procedures. Directs the Secretary of the Army to review the Army's regulations in such regard and revise them as considered appropriate by the Secretary of Defense. Directs the DOD Task Force on Discrimination and Sexual Harassment to submit its required report to the Secretary by October 1, 1994. Requires appropriate action to be taken by the Secretary with respect to recommendations of the Task Force.
Subtitle H: 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.
(Sec. 1068) Authorizes appropriations for: (1) Navy shipbuilding and conversion; and (2) the National Defense Sealift Fund.
(Sec. 1069) Directs the Secretary to: (1) conduct a review of Federal provisions relating to payments to missing military personnel; and (2) recommend to the Congress whether such provisions should be amended.
(Sec. 1070) Expresses the sense of the Congress that the Secretary should establish contact with officials of the People's Republic of China regarding unresolved issues relating to American POWs and MIAs resulting from the Korean conflict.
(Sec. 1071) Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to require the Secretary to make public any information about unaccounted-for personnel of the Korean conflict or the Cold War. (Currently, such publicity is required only for Vietnam era personnel.) Requires all such information (currently, information obtained after March 1, 1992) to be made available.
(Sec. 1072) Requires the Secretary to: (1) determine whether there exists classified information concerning American personnel who became POWs or MIAs in Southeast Asia that should be declassified; and (2) certify to the Congress that such materials have been declassified, as well as the date of such declassification.
(Sec. 1073) Directs the Secretary to submit to the Congress specified information pertaining to unaccounted for U.S. personnel involved in the Vietnam conflict.
(Sec. 1074) Directs the Secretary to: (1) report to the Congress on the status of efforts to obtain from North Korea information concerning U.S. personnel who remain unaccounted for following the Korean conflict and to obtain any remains of such personnel; and (2) seek to establish a joint commission with North Korea to resolve remaining issues concerning such personnel.
(Sec. 1075) Requires the FY 1995 increase in military retired pay to first be payable for the month of March 1995. Requires appropriations to the DOD Military Retirement Fund before such increased payments. Authorizes appropriations.
(Sec. 1076) Prohibits any DOD funds from being provided to an institution of higher education that denies military recruitment on its campus.
(Sec. 1077) Directs the Navy Secretary and the NASA Administrator to jointly study and report to specified congressional committees on the convergence of the NASA Earth Observing System Altimetry mission with the Navy Geosat Follow-On program.
(Sec. 1078) Amends the Taiwan Relations Act to require the granting of an application for the President of Taiwan or any other high-level Taiwanese official to visit the United States to discuss U.S. trade or business with Taiwan, the prevention of nuclear proliferation, U.S. national security, the protection of endangered species, or regional humanitarian disasters.
(Sec. 1079) Expresses the sense of the Senate that the President should utilize existing authorities to the greatest extent possible to authorize assistance and cooperation to countries such as Poland, Hungary, and the Czech Republic that are making significant progress in working with NATO toward an allied defense.
(Sec. 1080) Directs the Office of Personnel Management to study and report to the Congress on the feasibility of establishing a mandatory interagency placement program for Federal employees affected by reduction in force actions. Authorizes the Office to enter into an appropriate agreement if such action is found to be feasible.
(Sec. 1081) Provides that funds received from the Federal Republic of Germany as its fair share of the costs of the George C. Marshall European Center for Security Studies shall be credited to appropriations available to DOD for the Center and merged with other funds used for the Center. Authorizes the Secretary to waive certain educational costs at such Center with respect to certain U.S. allies.
(Sec. 1082) Amends the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 to revise certain notice requirements with respect to pending or actual terminations of defense programs.
(Sec. 1083) Authorizes the Secretary of the Navy to transfer the obsolete vessel Guadalcanal to the Intrepid Museum Foundation in New York City.
(Sec. 1084) Directs the Secretary to study and report to the Congress on spousal abuse involving military personnel.
(Sec. 1085) Expresses the sense of the Congress that the Senate Armed Services Committee should review a certain report and hold hearings relating to the procedures employed by DOD personnel when investigating the death of a member of the armed forces who dies from a self-inflicted cause while serving on active duty.
(Sec. 1086) Requires the Armed Forces Institute of Pathology to be located on or near the Mall on land owned by the Federal Government or the District of Columbia. Expresses the sense of the Congress that the National Museum of Health and Medicine should be relocated to a site east of and adjacent to the Hubert H. Humphrey Building.
(Sec. 1087) Provides authority for the assignment of employees between Federal agencies and federally funded R&D centers.
(Sec. 1088) Expresses the sense of the Congress that the United States should work with NATO member nations and other permanent members of the UN Security Council to endorse the efforts of the contact group (United States, Russia, France, and Britain) to bring about a peaceful settlement to the conflict in Bosnia-Hercegovina.
(Sec. 1089) States that it shall not be unlawful for authorized employees or agents of a foreign country to take action against an aircraft in that country's airspace if the aircraft is reasonably suspected of engaging in illicit narcotics trafficking if the President of the United States determines that the national security of such country is threatened by such trafficking. Authorizes the use of U.S. employees to aid such foreign employees or agents in such country.
(Sec. 1090) Provides for the administration of the athletics programs at the U.S. Military Academy, the U.S. Naval Academy, and the U.S. Air Force Academy, stating that the position of athletic director at each Academy shall be a position in the civil service, but may be filled by a member of the armed forces as an active duty assignment. Requires nonappropriated fund accounts to be established and administered for such athletic programs.
(Sec. 1091) Expresses the sense of the Congress that the Secretary should initiate a review of the assumptions and conclusions of the President's budget, the Bottom Up Review, and the future year's defense program and report to the President and the Congress detailing the necessary U.S. force structure. Requires the FY 1996 defense budget submission to reflect the funding level necessary to support such force structure.
(Sec. 1092) Calls upon the President to acknowledge the acts of genocide occurring in Rwanda. Requests the President to expedite commitments of necessary resources for the United Nations Assistance Mission for Rwanda, as well as for humanitarian operations there.
(Sec. 1093) Directs the Secretary to award a grant to one or more non-Federal entities to carry out specified studies concerning the nature and scope of the illnesses and symptoms suffered as a consequence of military service or employment in southwest Asia during the Persian Gulf War. Directs the Secretary to award a grant to such an entity to conduct a study of the long-term health consequences of the administration of pyridostigmine bromide as an antidote enhancer for chemical nerve agent toxicity during such War. Requires pilot studies. Earmarks funds authorized under this Act for awarding such grants.
(Sec. 1094) Directs the Secretary to award grants to an appropriate nongovernmental entity for research into the health consequences resulting from service or employment in the Persian Gulf during that War. Requires particular consideration to be given to illnesses or other effects associated with exposure to various toxins. Provides funding through amounts authorized under this Act.
(Sec. 1095) Directs the Secretary to take appropriate action to ensure that data collected by, and testing protocols of, the Persian Gulf War Health Surveillance System are compatible with the data and protocols of the Persian Gulf War Veterans Health Registry.
(Sec. 1097) Expresses the sense of the Congress that: (1) NATO should retain the right of autonomy of action regarding missions in addition to its collective defense should the UN Security Council or other appropriate organization fail to act; (2) NATO is not an auxiliary to the UN or any other organization; and (3) the member states of NATO reserve the right to act collectively in defense of their vital interests.
(Sec. 1098) Allows funds appropriated to the Navy for FY 1995 to be obligated to procure no more than 14 Mark-6 guidance sets for Trident II missiles before the Secretary certifies to the congressional defense committees that failure to procure additional units would pose an unacceptable risk to the long-term readiness and reliability of the Trident II missile program.
(Sec. 1099) Expresses the sense of the Congress that the: (1) force structure identified as necessary by the Bottom Up Review may not be used to limit the size or structure of the force U.S. military commanders may request in preparation for a major regional contingency on the Korean Peninsula; (2) Chairman and ranking Members of the Senate and House Armed Services and Appropriations Committees should receive regular briefings from DOD on the situation on the Peninsula; and (3) conclusions of the Bottom Up Review should be continuously examined in light of the lessons learned from preparation for a major regional contingency on the Peninsula as well as from other military operations.
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.
(Sec. 2016) Directs the Secretary of the Army to carry out a study of traffic safety on the highway at the Hawthorne Army Ammunition Plant, Nevada.
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: (1) certain community impact assistance with regard to the Naval Weapons Station, Charleston, South Carolina; and (2) planning and design for military construction in support of the consolidation of operations of the Defense Finance and Accounting Service.
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.
(Sec. 2813) Expresses the sense of the Senate that the Secretary should: (1) ensure that regulations implementing certain provisions of the National Defense Authorization Act for Fiscal Year 1994 reflect the intent of the Congress that the Secretary take into consideration the redevelopment plans of affected communities when taking actions or implementing decisions on the closure of a military installation; (2) ensure that such regulations reflect the intent of the Congress to encourage cooperation and dialogue between the Government and the communities affected by such closures; and (3) develop a system of incentives and awards to encourage DOD personnel to provide greater assistance to, and cooperation with, such communities.
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 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.
(Sec. 2848) Authorizes the Secretary of the Air Force, as part of the closure of an Air Force radar bomb scoring site near Holbrook, Arizona, to transfer the administrative jurisdiction, accountability, and control of the housing units and associated support facilities at the site to the Secretary of the Interior for use in connection with the Petrified National Forest Park.
(Sec. 2849) Authorizes the Secretary of Defense, in lieu of establishing technical review committees to oversee DOD actions with respect to the release of hazardous substances at military installations, to establish a restoration advisory board for any installation where environmental restoration activities are planned. Directs the Secretary to make funds available for participation by individuals on both the technical review committees and the advisory boards. Requires private sector participation in both entities. Limits to $7.5 million the total funds authorized for assistance to the committees and boards. Requires the involvement of such committees and boards in DOD environmental restoration programs at military installations. Requires a report.
(Sec. 2850) Expresses the sense of the Senate that the Senate should consider the authorization for appropriation of funds for a military construction project not included in the annual DOD budget request only if certain conditions are met. Requires the views of the Secretary to be obtained when considering such an authorization.
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 - 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 to reflect the 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 less; 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) Adds to the membership of the Nuclear Weapons Council a second senior representative of DOE appointed by the Secretary.
(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) Authorizes the Secretary to appoint up to 200 persons in DOE for scientific, engineering, and technical personnel whose duties will relate to safety at DOE defense nuclear facilities. Requires the OPM Director to periodically evaluate the Secretary's appointment authority and take appropriate action, if necessary, to ensure such appointments. Terminates the Secretary's authority on September 30, 1997.
(Sec. 3159) Earmarks specified funds authorized for DOE under this Act for the declassification productivity initiative.
(Sec. 3160) Directs the Secretary to take specified action (and provide a report) with respect to safety oversight and enforcement activities at DOE defense nuclear facilities.
(Sec. 3161) Imposes certain information disclosure and use conditions upon contracts between Federal departments and agencies and entities to which the Secretary leases a DOE facility or to which the Secretary transfers personal property of such a facility.
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 I: Armed Services Acquisitions - Amends the Competition in Contracting Act of 1984 (CICA) and other Federal procurement law with respect to subject agency procurement (National Aeronautics and Space Administration, Coast Guard, Department of Defense (DOD), and the respective military departments) to revise: (1) competition requirements, among other 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, among other 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. 41003) Revises certain qualifying circumstances for the award of contracts between $100,000 and $1 million under noncompetitive procedures.
(Sec. 41004) Repeals expiring authority for the Secretary of Defense (Secretary) to enter into master agreements and issue task orders. Creates new authority for the head of a subject agency to: (1) enter into task order contracts for advisory and assistance services; and (2) appoint a task order ombudsman for reviewing complaints involving multiple contracts.
(Sec. 41005) Provides for procurement of expert services for court or administrative proceedings.
(Sec. 41012) Relocates provisions concerning purchase option evaluation.
(Sec. 41013) Requires notice to all offerors not awarded a contract as soon as practicable after the contract is awarded
(Sec. 41014) Provides under certain conditions for: (1) debriefings furnishing unsuccessful offerors certain basic information on the contract award; (2) protest files affording offerors reasonable access in protests to the Comptroller General (CG); and (3) two-phase selection procedures for entering into certain contracts.
(Sec. 41016) Authorizes the head of a subject agency to: (1) 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; and (2) pay certain costs involved in the protest, including reasonable attorney's fees, subject to prescribed limitations.
(Sec. 41021) Eliminates: (1) certain restrictions on cost and incentive contracts; and (2) annual reports by DOD advocates for competition.
Part II: Civilian Agency Acquisitions - Amends the Federal Property and Administrative Services Act of 1949 (FPASA), the Office of Federal Procurement Policy Act (OFPPA), and other specified Federal law to make changes similar to those above with respect to civilian agencies, including adding provisions to FPASA for: (1) task order contracts for advisory and assistance services; (2) continued occupancy of leased space; (3) issuance of solicitations for contracts to be awarded using sealed bid procedures; (4) multiyear contracts for the acquisition of property and services; and (5) contracts for procurement of severable services for periods crossing fiscal years.
(Sec. 41074) Requires: (1) the Federal Acquisition Regulation (FAR) to be revised to include regulations governing Economy Act purchases; and (2) the Administrator for Federal Procurement Policy (Administrator) to ensure that systems for collecting and evaluating procurement data are capable of doing so on procurements conducted under such regulations.
Part III: Acquisitions Generally - Amends OFPPA to: (1) establish Government policy for promoting economy, efficiency, and effectiveness in procurements by the executive branch through establishment of policies and procedures for encouraging the consideration of past contract performance in selecting contractors; (2) require the Administrator to prescribe for executive agencies guidance regarding such consideration in awarding contracts; and (3) repeal congressional reporting requirements on executive agency contract competition.
Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends Federal law (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 (to be entered into without sealed bid procedures) above the $500,000 threshold (thus making it permanent); (2) provide for periodic adjustments in such threshold for inflation; and (3) make changes in exceptions to data submission requirements.
(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 competition is not practicable and the contracting officer determines that there is adequate data to determine price reasonableness.
(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. 41108) 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.
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 attorney's 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 disseminations 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 (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 delegated authority; and (3) change 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 to prevailing parties of additional specified administrative fees, as limited above under part I.
(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 any 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 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 specified DOD provisions on production special tooling and test equipment.
(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 GSA Administrator to provide: (1) to qualified nonprofit agencies for the blind or other severely handicapped under the Javits-Wagner-O'Day Act, upon request, any of the services he or she is currently authorized to perform for other Federal agencies, mixed ownership corporations, or the District of Columbia under FPASA; and (2) for the use of Federal supply schedules or other contracts by State or local governments, the District, Puerto Rico, or Indian tribal governments upon request.
Title XLII: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Reorganizes contract financing provisions for subject agencies, consolidating and eliminating some with regard to certain navy contracts, adding specific policy for contract financing, basing payments under agency contracts for property and services on contractor performance whenever practical, 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 the Defense Procurement Improvement Act of 1985 to: (1) make unallowable under covered contracts costs to influence local legislative bodies; (2) repeal congressional reporting requirements regarding efforts to guard against unallowable costs under defense contracts; and (3) raise the threshold for coverage under such Act to $500,000 (adjusted periodically for inflation).
(Sec. 42102) Repeals standby profit controls for use during national emergencies.
Part II: Civilian Agency Acquisitions - Amends FPASA to replace requirements for executive agencies on allowable contractor costs with requirements 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 requirements under FPASA for executive agency examination of contractor records, replacing them with requirements nearly identical to those above under part I for subject agencies.
Subtitle D: Cost Accounting Standards - Amends OFPPA to: (1) conform the application of cost accounting standards to the new TINA and FPASA exemptions for commercial items added by this Act; and (2) repeal an (obsolete) deadline for procedures governing actions of the Cost Accounting Standards Board, while retaining authority for 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: 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 - Modifies DOD and military department shipbuilding contract claim certification requirements, among other changes restricting future payment under law of subject agency contract claims, and repealing related certification regulation provisions.
Part II: Acquisitions Generally - Amends FJC to revise provisions regarding Federal court jurisdiction over contract disputes.
(Sec. 42552) Amends the Contract Disputes Act of 1978 to: (1) require certain contractor and Government claims to be submitted for resolution within six years after the event giving rise to the claim; (2) raise thresholds for contracting officer certifications, decisions, and notifications, as well as maximum amounts for accelerated and small claims procedures; (3) reduce the time for filing claim actions in Federal court; (4) extend the authority of agencies to engage in alternative means of dispute resolution and require detailed written explanations when requests for such proceedings are denied; and (5) allow U.S. district courts to request advisory opinions from the board in certain cases.
(Sec. 42554) Requires FAR to include provisions for expedited contracting officer responses to small business requests involving matters relating to contract administration.
Title XLIII: Service Specific and Major Systems Statutes - Subtitle A: Major Systems Statutes - Revises major defense acquisition program requirements concerning independent cost and manpower estimates, baseline descriptions, and deviation reporting.
(Sec. 43003) Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal certain requirements of the Defense Acquisition Pilot Program.
(Sec. 43004) Repeals competitive prototyping and alternative source requirements.
Subtitle B: Testing Statutes - Modifies reporting and other duties of the Director of Operational Test and Evaluation, adding requirements for live fire testing.
Subtitle C: Service Specific Laws - Authorizes the Secretary of Defense (DOD) to accept gratuitous services of certain reserve component officers.
(Sec. 43022) Provides that the authority of the DOD Secretary and of the Secretaries of the military departments (concerned Secretaries) to make use of manufacturing information and Government equipment and materials in the interest of national defense extends to renting as well as to selling or lending such information, equipment, and materials.
(Sec. 43023) Consolidates and revises civil reserve air fleet and naval salvage provisions. Provides for military installation use by fleet contractors.
(Sec. 43024) Authorizes the international exchange of military and civilian personnel.
(Sec. 43025) Repeals specified authority for expenditures for scientific investigation and research and vessel construction on the Pacific Coast and project assignment.
Subtitle D: Department of Defense Commercial and Industrial Activities - Codifies requirements for a separate advisory and assistance service category in the national budget.
Subtitle E: Fuel- and Energy-Related Laws - Revises references to liquid fuels and natural gas with regard to defense contracts for storage, handling, and distribution.
Subtitle F: Fiscal Statutes- Gives DOD the authority to designate disbursing officers within DOD.
Subtitle G: Miscellaneous - Modifies defense obligation of funds provisions on production, warehousing, and distribution of supplies, removing certain restrictions.
(Sec. 43082) Repeals provisions on aviation product evaluation.
(Sec. 43083) Codifies limitations on subject agency vessel, aircraft, and vehicle leases, with modifications.
(Sec. 43084) Exempts contracts for procurement of domestic soft drink supplies from exchange stores abroad for armed forces use from certain requirements.
(Sec. 43085) Amends specified Federal laws to repeal certain restrictions relating to the acquisition 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 special simplified procedures under FAR for acquisitions under SAT, with implementing regulations, among other things: (1) exempting purchases not exceeding $2,500 from SBA reservation and Buy American Act (BAA) requirements; (2) prohibiting Federal officers and employees making such purchases from being classified as procurement officials under OFPPA procurement integrity provisions; and (3) providing that payment for purchases under such procedures be made in accordance with the Prompt Payment Act within 15 days after the invoice is received.
(Sec. 44012) Amends SBA to reserve for small businesses all contracts over $2,500 but under the SAT.
(Sec. 4014) Amends OFPPA and SBA to: (1) provide for continuation of existing notice thresholds for non-electronically conducted procurements over $25,000 but under the SAT (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders exceeding the SAT); and (2) prescribe additional contents for notices with respect to contracts between $25,000 and $100,000.
(Sec. 44015) Authorizes the Administrator to develop a Government- wide system for electronically conducted procurements.
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 the SAT, unless the provision expressly prohibits such waiver.
(Sec. 44022) Exempts: (1) subject and civilian agency contracts below the SAT from various specified requirements, including those for contingent fees certifications and audits and supplier and supply source identification; (2) prime contracts below the SAT from procedural and other requirements of the Anti-Kickback Act of 1986; and (3) contracts below the SAT from Miller Act (MA) public building and works contract requirements, the Contract Work Hours and Safety Standards Act and Drug-Free Workplace Act of 1988, and Solid Waste Disposal Act certification requirements.
(Sec. 44024) Requires the FAR to provide alternatives to payment bonds as payment protections for suppliers of labor and materials under certain MA contracts.
Part IV: Conforming Amendments - Amends specified subject and civilian agency procurement law to make conforming changes substituting the SAT for the "small purchase threshold."
Part V: Revision of Regulations - Requires: (1) the Federal Acquisition Regulatory Council (FAR Council) to review the FAR to identify and amend, as appropriate, regulations applicable to acquisitions below the SAT; and (2) agency heads to take similar action regarding applicable supplemental regulations, policies, and procedures.
Subtitle B: Socioeconomic and Small Business Laws - Repeals: (1) the Walsh-Healey Act (WHA) (other than for certain definitional purposes) and FPASA requirements regarding WHA's and the Davis-Bacon Act's (DBA) applicability in instances where purchases or contracts are awarded using other than sealed bid procedures; and (2) certain Trade Agreements Act of 1979 reporting requirements on procurements in labor surplus areas (LSA).
(Sec. 44102) Amends SBA to: (1) repeal provisions on set-aside priority of LSA firms; and (2) include small businesses owned and controlled by women within the goals for awarding procurement contracts to small businesses.
Amends the National Defense Authorization Act for Fiscal Year 1993 to repeal requirements for certain subject agency contract solicitation notices for small businesses.
(Sec. 44105) Directs the Administrator to: (1) review and report to the Congress on the various small business arrangements described under Federal law for women, minorities, and other specified groups for purposes of authorizing their participation as Federal contractors; and (2) develop uniform definitions and certification standards and procedures for such small businesses.
Subtitle C: Miscellaneous Acquisition Laws - Revises and codifies the prohibition on use of appropriated funds for assisting DOD contractors in documenting the economic or employment impacts of certain acquisition programs in particular States or congressional districts.
(Sec. 44152) Amends subject and civilian agency (FPASA) law to declare that it is the policy of Congress that no legislation should be enacted that requires procurements to be made from a specified non-Federal source, unless the law identifies the non-Federal source involved and states that the procurement contravenes such policy.
Title XLV: Acquisition Management - Subtitle A: Armed Services Acquisitions - Amends Federal defense planning and coordination law to: (1) set forth congressional policy for DOD acquisition performance goals established by the DOD Secretary for major acquisition programs; and (2) authorize the Secretary to take certain actions to implement such policy.
(Sec. 45001) Directs the Secretary to: (1) review existing incentives and personnel actions for encouraging excellence in the acquisition workforce and provide, and report to the Congress on, an enhanced system of incentives for encouraging such excellence; and (2) define in regulations a simplified, results-oriented acquisition program cycle.
(Sec. 45003) Amends the National Defense Authorization Act for Fiscal Year 1994 to add provisions for: (1) defense acquisition pilot program designations; and (2) certain procedures and other actions by the Secretary for pilot program implementation.
Subtitle B: Civilian Agency Acquisitions - Provides for similar policy, goals, workforce incentives and results-oriented acquisitions for civilian agencies.
Subtitle C: Miscellaneous - Amends OFPPA to establish an executive branch program for rewarding exceptional contract performance by Federal contractors.
(Sec. 45092) Amends miscellaneous armed services procurement law to authorize funds appropriated for military departments for purchasing supplies to be used to acquire technical data and computer software and releases for past patent or copyright infringement or unauthorized use.
Title XLVI: Standards of Conduct - Subtitle A: Ethics Provisions - Revises OFPPA procurement integrity recusal, certification, training, and revolving door ban requirements, and adds rules of construction and harmonizes gratuities provisions with Government-wide ethics provisions.
(Sec. 46002) Amends the Federal criminal code with respect to acts affecting a personal financial interest 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 on determining whether expertise is available before contracting for such services to conduct acquisitions.
(Sec. 46053) Amends the Revised Statutes with respect to Members of Congress and public contracts to eliminate the need for a contract clause (but retain the prohibition against benefiting from a contract entered into by the United States).
(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 - Revises and consolidates the two existing whistleblower protection systems for DOD contractor employees.
(Sec. 46102) Amends OFPPA to create identical protection for whistleblowers who are employees of civilian agency contractors.
Title XLVII: Defense Trade and Cooperation - Amends Federal law concerning DOD memoranda of understanding and related agreements to: (1) replace references to such terms with "International Cooperative Agreements;" and (2) 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 exceeding 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.
(Sec. 48003) Requires the 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 permitting contractor reliance on existing quality assurance systems for commercial items and providing for treatment of transfers between affiliates.
(Sec. 48004) Authorizes waiver on a class basis in the FAR of the applicability of future enacted procurement laws to contracts and subcontracts for the acquisition of commercial items and components.
(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 among other requirements, the Federal Aviation Act of 1958, Federal Water Pollution Control Act, Clean Air Act, and OFPPA on procurement integrity certification.
(Sec. 48006) Amends OFPPA to authorize greater flexibility in setting deadlines for submitting contract offers for commercial item purchases.
(Sec. 48007) Gives agency competition advocates the added responsibility of promoting the acquisition of commercial and other nondevelopmental items.
(Sec. 48009) Requires a Comptroller General review of Federal market research use for a report to the Congress.
Title XLIX: Miscellaneous Provisions - Requires a CG review of the independence of legal services provided to Inspectors General (IGs) for a report to the Congress.
(Sec. 49002) Directs the GSA Administrator to issue guidelines for ensuring agency cost savings for official air travel.
(Sec. 49003) Requires: (1) Federal agencies to promptly resolve IG audit report findings; and (2) issuance of uniform, Government-wide regulations for contractor suspension and debarment.
Title L: Effective Dates and Implementation - Specifies the effective dates of this Act and its amendments.
(Sec. 50004) Requires the Federal Procurement Data System under OFPPA to be modified to collect specified data from contracts exceeding the SAT.
Title LI: Waiver of the Application of the Prevailing Wage- Setting Requirements to Volunteers - Community Improvement Volunteer Act of 1994 - Provides for waivers of Davis-Bacon Act (DBA) prevailing-wage-setting requirements with respect to volunteers who perform services under the Library Services and Construction Act, Indian Self-Determination and Education Assistance Act, or migrant or community health center provisions of the Public Health Service Act. Prohibits approval of any expense, benefit, or fee being paid to such volunteers which has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry.
(Sec. 51004) Directs the Secretary of Labor to report to the Congress on such waivers and make recommendations with respect to other DBA-related Acts that could be addressed to permit volunteer work.
Became Public Law No: 103-337.
Committee on Armed Services ordered to be reported an original measure.
Introduced in Senate
Committee on Armed Services. Original measure reported to Senate by Senator Nunn. Without written report.
Committee on Armed Services. Original measure reported to Senate by Senator Nunn. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 481.
Measure laid before Senate by unanimous consent.
Senate struck all after the Enacting Clause and substituted the language of S. 2182, S. 1587 amended.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S8321)
Passed Senate with an amendment by Unanimous Consent. (consideration: CR S8321)
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
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