Union Calendar No. 37

103D CONGRESS

1ST SESSION H. R. 1378

[Report No. 103–83]

A BILL

To amend title 10, United States Code, with repartment of Defense. ments for certain acquisition positions in the De- spect to applicability of qualification requireMAY 6, 1993

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 37

103D CONGRESS

1ST SESSION H. R. 1378

[Report No. 103–83]

To amend title 10, United States Code, with respect to applicability of

qualification requirements for certain acquisition positions in the Department of Defense.

IN THE HOUSE OF REPRESENTATIVES

MARCH 17, 1993

Mr. SISISKY (for himself and Mr. HANSEN) introduced the following bill;

which was referred to the Committee on Armed Services

MAY 6, 1993

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 17, 1993]

A BILL

To amend title 10, United States Code, with respect to

applicability of qualification requirements for certain acquisition positions in the Department of Defense.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 TITLE I—APPLICABILITY OF QUALIFICA2 TION REQUIREMENTS FOR CERTAIN

3 ACQUISITION POSITIONS IN THE DE4 PARTMENT OF DEFENSE

5 SEC. 101. APPLICABILITY OF QUALIFICATION REQUIRE6 MENTS FOR CERTAIN ACQUISITION POSI7 TIONS IN THE DEPARTMENT OF DEFENSE.

8 Section 1724(c)(2) of title 10, United States Code, is

9 amended—

10 (1) by inserting ‘‘or lower’’ before ‘‘grade’’; and

11 (2) by inserting ‘‘or lower’’ before ‘‘level’’.

12 TITLE II—DEFENSE TECHNICAL AND

13 CLERICAL AMENDMENTS

14 SEC. 201. AMENDMENTS TO TITLE 10, UNITED STATES

15 CODE.

16 (a) RESOLUTION OF INCONSISTENT AND DUPLICATIVE

17 AMENDMENTS.—Section 166a of title 10, United States

18 Code, is amended—

19 (1) in the first sentence of subsection (a), by

20 striking out ‘‘the Chairman’’ and all that follows

21 through the period at the end of the sentence and in22 serting in lieu thereof ‘‘the Chairman of the Joint

23 Chiefs of Staff may provide funds to the commander

24 of a combatant command, upon the request of the

25 commander, or, with respect to a geographic area or
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1 areas not within the area of responsibility of a com2 mander of a combatant command, to an officer des3 ignated by the Chairman of the Joint Chiefs of Staff

4 for such purpose.’’; and

5 (2) in subsection (b)(7), by striking out the sec6 ond parenthetical phrase before the period at the end.

7 (b) DUPLICATE SECTION NUMBERS.—Title 10, United

8 States Code, is amended as follows:

9 (1)(A) Chapter 141 is amended by redesignating

10 the second sections 2410c and 2410d as sections 2410j

11 and 2410k, respectively.

12 (B) The items relating to those sections in the

13 table of sections at the beginning of such chapter are

14 amended to reflect the redesignations made by sub15 paragraph (A).

16 (2)(A) Chapter 401 is amended by redesignating

17 the second section 4316 as section 4317.

18 (B) The table of sections at the beginning of such

19 chapter is amended by striking out the last two items

20 and inserting in lieu thereof the following:

‘‘4316. Reporting requirements.

‘‘4317. Military history fellowships.’’.

21 (c) CROSS REFERENCE AMENDMENTS.—Title 10,

22 United States Code, is amended as follows:

23 (1) Section 1104 is amended—
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1 (A) in subsections (a), (b), and (c), by strik2 ing out ‘‘section 8011 of title 38’’ and inserting

3 in lieu thereof ‘‘section 8111 of title 38’’; and

4 (B) in subsection (d), by striking out ‘‘sec5 tion 8011A of title 38’’ and inserting in lieu

6 thereof ‘‘section 8111A of title 38’’.

7 (2) Section 2145(b) is amended by striking out

8 ‘‘means the actual cost’’ and all that follows and in9 serting in lieu thereof ‘‘has the meaning given the

10 term ‘cost of attendance’ by section 472 of the Higher

11 Education Act of 1965 (20 U.S.C. 1087ll).’’.

12 (3) Section 2198(c) is amended—

13 (A) by striking out ‘‘an annual’’ and insert14 ing in lieu thereof ‘‘a’’; and

15 (B) by striking out ‘‘section 2522’’ and in16 serting in lieu thereof ‘‘section 2506’’.

17 (4) Section 2371(g) is amended—

18 (A) by striking out ‘‘section 11’’ and insert19 ing in lieu thereof ‘‘section 12’’; and

20 (B) by striking out ‘‘sections 10 and 11’’

21 and inserting in lieu thereof ‘‘sections 11 and

22 12’’.

23 (5) Section 2372(g)(5) is amended by striking

24 out ‘‘section 2522’’ and inserting in lieu thereof ‘‘sec25 tion 2506’’.
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1 (6) Section 2401(c)(2)(A) is amended by striking

2 out ‘‘the Internal Revenue Code of 1954’’ and insert3 ing in lieu thereof ‘‘the Internal Revenue Code of

4 1986’’.

5 (7) Section 2501(a)(1)(A) is amended by striking

6 out ‘‘section 104’’ and inserting in lieu thereof ‘‘sec7 tion 108’’.

8 (8) Section 2535(b)(2)(B) is amended by striking

9 out ‘‘paragraph (1)’’ and inserting in lieu thereof

10 ‘‘subparagraph (A)’’.

11 (9) Section 2677(c)(1) is amended—

12 (A) by striking out ‘‘section 21A(b)(12)(F)’’

13 and inserting in lieu thereof ‘‘section

14 21A(b)(11)(F)’’; and

15 (B) by striking out ‘‘(12 U.S.C.

16 1441a(b)(12)(F))’’ and inserting in lieu thereof

17 ‘‘(12 U.S.C. 1441a(b)(11)(F))’’.

18 (10) Section 5038(e) is amended by striking out

19 ‘‘subsection’’ and inserting in lieu thereof ‘‘section’’.

20 (11) Section 7721(a) is amended by striking out

21 ‘‘(46 U.S.C 781–790)’’ and inserting in lieu thereof

22 ‘‘(46 U.S.C. App. 781–790)’’.

23 (d) AMENDMENTS FOR STYLISTIC CONSISTENCY.—

24 Title 10, United States Code, is amended as follows:

25 (1) Section 1597 is amended—
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1 (A) in subsection (c)(3)—

2 (i) by striking out ‘‘defense agency’’ in

3 subparagraph (A)(v) and inserting in lieu

4 thereof ‘‘Defense Agency’’; and

5 (ii) in subparagraph (C)—

6 (I) by striking out ‘‘defense agen7 cy’’ the first place it appears and in8 serting in lieu thereof ‘‘Defense Agen9 cy’’; and

10 (II) by striking out ‘‘defense agen11 cy’’ the second place it appears and in12 serting in lieu thereof ‘‘Defense Agen13 cy,’’; and

14 (B) in subsection (e), by striking out ‘‘of the

15 date’’ and inserting in lieu thereof ‘‘on the date’’.

16 (2) The table of sections at the beginning of

17 chapter 142 is amended by striking out ‘‘Sec.’’ in the

18 items relating to sections 2418 and 2419.

19 (3) Section 2513(c)(2)(B) is amended by striking

20 out the second clause (iii) (as added by section

21 4223(d) of Public Law 102–484 (106 Stat. 2681))

22 and inserting in lieu thereof the following:

23 ‘‘(iv) An institution of higher education des24 ignated by a State or local government.’’.
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1 (4) Section 2536 is amended by striking out the

2 period at the end of the section heading.

3 (5) Section 2537(a) is amended in the first sen4 tence by striking out ‘‘respectively, which’’ and insert5 ing in lieu thereof ‘‘respectively, that’’.

6 (6) Section 2701(j)(2) is amended by striking

7 out ‘‘applies (42 U.S.C. 9619(g))’’ and inserting in

8 lieu thereof ‘‘(42 U.S.C. 9619(g)) applies’’.

9 (7) Section 2828 is amended by striking out ‘‘per

10 annum’’ each place it appears in subsections (b)(2),

11 (b)(3), and (e)(1) and inserting in lieu thereof ‘‘per

12 year’’.

13 (e) SUBSECTION HEADINGS.—Title 10, United States

14 Code, is amended as follows:

15 (1) Section 2513 (as transferred and redesig16 nated by section 4223(b) of Public Law 102–484 (106

17 Stat. 2681)) is amended—

18 (A) by striking out ‘‘CENTERS’’ in the head19 ing for subsection (b) and inserting in lieu there20 of ‘‘ALLIANCES’’; and

21 (B) by striking out ‘‘CENTER’’ in the head22 ing for subsection (e) and inserting in lieu there23 of ‘‘ALLIANCE’’.
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1 (2) Section 2308 is amended by inserting after

2 ‘‘(a)’’ the following: ‘‘FACILITATION OF PROCURE3 MENT.—’’.

4 (f) DATE OF ENACTMENT REFERENCES.—Title 10,

5 United States Code, is amended as follows:

6 (1) Section 1151(e)(1) is amended by striking

7 out ‘‘the date of the enactment of this section’’ and in8 serting in lieu thereof ‘‘October 23, 1992,’’.

9 (2) Section 1331a(b) is amended by striking out

10 ‘‘the date of the enactment of the National Defense

11 Authorization Act for Fiscal Year 1993’’ and insert12 ing in lieu thereof ‘‘October 23, 1992,’’.

13 (3) Section 1802(b) is amended by striking out

14 ‘‘not more than two years before the date of the enact15 ment of this chapter’’ and inserting in lieu thereof

16 ‘‘after October 22, 1990’’.

17 (g) PUNCTUATION, SPELLING, ETC.—Title 10, United

18 States Code, is amended as follows:

19 (1) Section 1078a is amended—

20 (A) in subsection (b)(3)(C), by striking out

21 ‘‘subparagraphs’’ and inserting in lieu thereof

22 ‘‘subparagraph’’; and

23 (B) in subsection (d)(2)(A), by inserting

24 ‘‘under’’ after ‘‘coverage’’.
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1 (2) Section 1590(a) is amended by striking out

2 the second semicolon at the end of paragraph (1).

3 (3) Section 1802(a) is amended by striking out

4 ‘‘carrys’’ and inserting in lieu thereof ‘‘carries’’.

5 (4) Section 2321(d)(1)(B) is amended by strik6 ing out ‘‘adherance’’ and inserting in lieu thereof

7 ‘‘adherence’’.

8 (5) Section 2361(b)(2) is amended by striking

9 out ‘‘inconsisent’’ and inserting in lieu thereof ‘‘in10 consistent’’.

11 (6) Section 2410j (as redesignated by subsection

12 (b)(1)(A)) is amended in subsection (f)(2)(B) by strik13 ing out ‘‘aid’’ and inserting in lieu thereof ‘‘aide’’.

14 (7) The heading of section 2505 is amended by

15 striking out ‘‘capabilty’’ and inserting in lieu

16 thereof ‘‘capability’’.

17 (8) Section 2516(b)(4) is amended by striking

18 out ‘‘dual use’’ and inserting in lieu thereof ‘‘dual19 use’’.

20 (9) Section 2524(b)(2)(F) is amended by striking

21 out ‘‘work force’’ both places it appears and inserting

22 in lieu thereof ‘‘workforce’’.

23 (10)(A) The heading of section 4313 is amended

24 to read as follows:
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1 ‘‘§ 4313. National Matches and small-arms school: ex2 penses’’.

3 (B) The item relating to section 4313 in the

4 table of sections at the beginning of chapter 401 is

5 amended to read as follows:

‘‘4313. National Matches and small-arms school: expenses.’’.

6 (h) REDUNDANT PROVISIONS.—Title 10, United States

7 Code, is amended as follows:

8 (1) Section 1598(e) is amended by striking out

9 paragraph (4).

10 (2) Section 2537 is amended by striking out sub11 section (d).

12 (i) CLARIFICATION OF AMENDMENTS.—Title 10, Unit13 ed States Code, is amended as follows:

14 (1) Paragraph (4) of section 1142(b) is amended

15 by striking out ‘‘job placement assistance’’ and all

16 that follows through the end of the paragraph and in17 serting in lieu thereof ‘‘job placement assistance, in18 cluding the public and community service jobs pro19 gram carried out under section 1143a of this title,

20 and information regarding the placement program es21 tablished under section 1151 of this title to assist

22 members to obtain employment as elementary or sec23 ondary school teachers or teachers’ aides.’’.

24 (2) Section 2433(e) is amended—
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1 (A) by striking out ‘‘a at least 15 percent

2 increase’’ both places it appears and inserting in

3 lieu thereof ‘‘an increase of at least 15 percent’’;

4 and

5 (B) by striking out ‘‘a at least 25 percent

6 increase’’ both places it appears and inserting in

7 lieu thereof ‘‘an increase of at least 25 percent’’.

8 SEC. 202. AMENDMENTS TO FISCAL YEAR 1993 DEFENSE AU9 THORIZATION ACT.

10 (a) IN GENERAL.—The National Defense Authoriza11 tion Act for Fiscal Year 1993 (Public Law 102–484) is

12 amended as follows:

13 (1) Section 195 (106 Stat. 2349) is amended by

14 striking out ‘‘initiative’’ and inserting in lieu thereof

15 ‘‘Initiative’’.

16 (2) Section 234(e)(2) (106 Stat. 2357) is amend17 ed by striking out ‘‘in subsection (d)’’ and inserting

18 in lieu thereof ‘‘in subsection (c), as redesignated by

19 subsection (b)(2)(B)’’.

20 (3) Section 243 (106 Stat. 2360) is amended by

21 striking out ‘‘Notwithstanding the provisions of the

22 Land-Remote Sensing Commercialization Act of 1984

23 (15 U.S.C. 4201 et seq.), the Secretary of Defense is

24 authorized’’ and inserting in lieu thereof ‘‘The Sec25 retary of Defense is authorized’’.
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1 (4) Section 653(b)(2) (106 Stat. 2428) is amend2 ed by striking out ‘‘section 1463’’ and inserting in

3 lieu thereof ‘‘section 1463(a)’’.

4 (5) Section 704(1) (106 Stat. 2432) is amended

5 by striking out ‘‘paragraph (15)(D)’’ and inserting in

6 lieu thereof ‘‘paragraph (15)’’.

7 (6) Section 801(f) (106 Stat. 2444) is amend8 ed—

9 (A) by redesignating paragraphs (3), (4),

10 (5), and (6) as paragraphs (4), (5), (6), and (7),

11 respectively; and

12 (B) by inserting after paragraph (2) the fol13 lowing new paragraph:

14 ‘‘(3) by striking out ‘Secretary with’ in para15 graph (2) and inserting in lieu thereof ‘Secretary to16 ward attaining’;’’.

17 (7) Section 843(c) (106 Stat. 2469) is amend18 ed—

19 (A) by striking out ‘‘On the date which is

20 two years after the date of the enactment of this

21 Act,’’ and inserting in lieu thereof ‘‘Effective Oc22 tober 23, 1994,’’; and

23 (B) by striking out ‘‘section 2350a’’ and in24 serting in lieu thereof ‘‘sections 2350a(c) and

25 2350d(c)’’.
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1 (8) Section 911(b)(2) (106 Stat. 2473) is amend2 ed by striking out the period and closing quotation

3 marks at the end and inserting in lieu thereof closing

4 quotation marks and a period.

5 (9) Section 933 (106 Stat. 2476) is amended—

6 (A) in subsection (b)(1), by striking out

7 ‘‘or’’ and inserting in lieu thereof ‘‘and’’; and

8 (B) in subsection (c), by inserting a comma

9 after ‘‘United States Code’’.

10 (10) Section 1312(b)(4) (106 Stat. 2548) is

11 amended by striking out ‘‘the’’ in the quoted matter

12 stricken out in the amendment made by subpara13 graph (B).

14 (11) Section 1135(c)(2) (106 Stat. 2541) is

15 amended by striking out ‘‘unit deployment designa16 tors’’ and inserting in lieu thereof ‘‘Unit Deployment

17 Designators’’.

18 (12) Section 1314(b) (106 Stat. 2549) is amend19 ed in the second sentence by adding a period after ‘‘of

20 member nations’’.

21 (13) Sections 1814 and 1834 (106 Stat. 2583,

22 2586) are each amended by striking out ‘‘section’’ and

23 inserting in lieu thereof ‘‘subtitle’’.

24 (14) Section 4219(c)(2)(H) (106 Stat. 2672) is

25 amended—
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1 (A) by striking out ‘‘Work force’’ and in2 serting in lieu thereof ‘‘Workforce’’; and

3 (B) by striking out ‘‘work force’’ and insert4 ing in lieu thereof ‘‘workforce’’.

5 (15) Section 4301(b)(1)(C) (106 Stat. 2697) is

6 amended by inserting ‘‘the first place it appears’’ be7 fore ‘‘the following’’.

8 (16) Section 4407(b)(2) (106 Stat. 2708) is

9 amended by inserting ‘‘the second place it appears’’

10 before ‘‘and inserting in lieu thereof’’.

11 (17) Section 4422(a) (106 Stat. 2718) is amend12 ed—

13 (A) in paragraph (3), by striking out

14 ‘‘after’’ after ‘‘by inserting’’; and

15 (B) in paragraph (4), by inserting ‘‘the

16 first reference to’’ after ‘‘after’’ the first place it

17 appears.

18 (18) Section 4470(a) (106 Stat. 2753) is amend19 ed—

20 (A) by striking out ‘‘section 4303(a)’’ in

21 paragraph (1) and inserting in lieu thereof ‘‘sec22 tion 4443(a)’’; and

23 (B) by striking out ‘‘section 4303(b)’’ in

24 paragraph (2) and inserting in lieu thereof ‘‘sec25 tion 4443(b)’’.
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1 (b) EFFECTIVE DATE.—The amendments made by this

2 section shall apply as if included in the enactment of the

3 National Defense Authorization Act for Fiscal Year 1993

4 (Public Law 102–484).

5 SEC. 203. AMENDMENTS TO FISCAL YEAR 1992/1993 DEFENSE

6 AUTHORIZATION ACT.

7 (a) REPEAL OF PREVIOUSLY CODIFIED PROVISION.—

8 Section 523 of the National Defense Authorization Act for

9 Fiscal Years 1992 and 1993 (Public Law 102–190; 105

10 Stat. 1363) is repealed.

11 (b) OTHER AMENDMENTS.—The National Defense Au12 thorization Act for Fiscal Years 1992 and 1993 (Public

13 Law 102–190) is amended as follows:

14 (1) Section 236(d) (as redesignated by section

15 234(b)(2)(B) of Public Law 102–484 (106 Stat.

16 2356)) is amended by striking out ‘‘subsection (a)

17 through (d)’’ in paragraph (1) and inserting in lieu

18 thereof ‘‘subsections (a) through (c)’’.

19 (2) Section 704(a) (105 Stat. 1401) is amended

20 by striking out the closing quotation marks and pe21 riod at the end of paragraph (2) of the subsection in22 serted by the amendment made by that section.

23 (3) Section 3136(b)(1)(C)(ii)(I) (105 Stat. 1578)

24 is amended by striking out ‘‘section 2522 of title 10,
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1 United States Code’’ and inserting in lieu thereof

2 ‘‘section 2506 of title 10, United States Code’’.

3 (4) Section 3137(c) (105 Stat. 1579) is amended

4 by striking out the comma after ‘‘the Secretary of En5 ergy’’.

6 SEC. 204. AMENDMENTS TO OTHER LAWS.

7 (a) TITLE 37, UNITED STATES CODE.—Title 37, Unit8 ed States Code, is amended as follows:

9 (1) Section 205(a)(7)(B) is amended by striking

10 out ‘‘the Veterans’ Administration,’’ and inserting in

11 lieu thereof ‘‘the Department of Veterans Affairs,’’.

12 (2) Section 411f(c) is amended by striking out

13 ‘‘section 401 of this title’’ and inserting in lieu thereof

14 ‘‘section 401(a) of this title’’.

15 (b) PUBLIC LAW 98–94.—Section 1215(c) of the De16 partment of Defense Authorization Act, 1984 (Public Law

17 98–94; 97 Stat. 688; 10 U.S.C. 2452 note), is amended by

18 striking out ‘‘regulatons’’ and inserting in lieu thereof ‘‘reg19 ulations’’.

20 (c) PUBLIC LAW 101–189.—Effective as of November

21 29, 1989, paragraph (1) of section 631(a) of the National

22 Defense Authorization Act for Fiscal Years 1990 and 1991

23 (Public Law 101–189; 103 Stat. 1449) is amended by in24 serting a comma after ‘‘18’’ in the matter struck by such

25 paragraph.
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1 (d) STRATEGIC AND CRITICAL MATERIALS STOCK PIL2 ING ACT.—Section 11(a)(1) of the Strategic and Critical

3 Materials Stock Piling Act (50 U.S.C. 98h–2(a)(1)) is

4 amended by striking out ‘‘six-month period’’ and inserting

5 in lieu thereof ‘‘fiscal year’’.

6 TITLE III—MISCELLANEOUS PROVISIONS

7 SEC. 301. REAL PROPERTY REPAIRS AND MINOR CON8 STRUCTION DURING FISCAL YEAR 1993.

9 In addition to using the funds specifically appro10 priated for real property maintenance under the heading

11 ‘‘REAL PROPERTY MAINTENANCE, DEFENSE’’ in title II of

12 the Department of Defense Appropriations Act, 1993 (Pub13 lic Law 102–396; 106 Stat. 1885), the Secretary of Defense

14 and the Secretary of a military department may also use

15 funds appropriated to the Secretary concerned for operation

16 and maintenance under any of the first 11 headings of such

17 title in order to carry out a major repair project that costs

18 $15,000 or more or a minor construction project that costs

19 not less than $15,000 and not more than $300,000.

Amend the title so as to read ‘‘A bill to amend title

10, United States Code, to revise the applicability of

qualification requirements for certain acquisition

workforce positions in the Department of Defense, to

make necessary technical corrections in that title and certain other defense-related laws, and to facilitate real

property repairs at military installations and minor military construction during fiscal year 1993.’’.
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