H. R. 2401—157
(f) FUNDING.—Of the amounts authorized to be appropriated
for fiscal year 1994 pursuant to title II of this Act, $15,000,000
shall be available for such fiscal year for infrastructure assistance
to historically Black colleges and universities and minority institu-
tions under section 2323(c)(3) of title 10, United States Code.
SEC. 812. PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.
(a) PROCUREMENT TECHNICAL ASSISTANCE PROGRAM FUND-
ING.—Of the amount authorized to be appropriated in section 301(5),
$12,000,000 shall be available for carrying out the provisions of
chapter 142 of title 10, United States Code.
(b) SPECIFIC PROGRAMS.—Of the amount made available pursu-
ant to subsection (a), $600,000 shall be available for fiscal year
1994 for the purpose of carrying out programs sponsored by eligible
entities referred to in subparagraph (D) of section 2411(1) of title
10, United States Code, that provide procurement technical assist-
ance in distressed areas referred to in subparagraph (B) of section
2411(2) of such title. If there is an insufficient number of satisfac-
tory proposals for cooperative agreements in such distressed areas
to allow for effective use of the funds made available in accordance
with this subsection in such areas, the funds shall be allocated
among the Defense Contract Administration Services regions in
accordance with section 2415 of such title.
SEC. 813. PILOT 
MENTOR-PROTEGE 
PROGRAM 
FUNDING 
AND
IMPROVEMENTS.
(a) FUNDING.—Of the amounts authorized to be appropriated
for fiscal year 1994 pursuant to title I of this Act, $50,000,000
shall be available for conducting the pilot Mentor-Protege Program
established pursuant to section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10
U.S.C. 2301 note).
(b) REGULATIONS.—(1) The fifth sentence of section 831(k) of
the National Defense Authorization Act for Fiscal Year 1991 (10
U.S.C. 2301 note) is amended to read as follows: ‘‘The Department
of Defense policy regarding the pilot Mentor-Protege Program shall
be published and maintained as an appendix to the Department
of Defense Supplement to the Federal Acquisition Regulation.’’.
(2) The Secretary of Defense shall ensure that, within 30 days
after the date of the enactment of this Act, the Department of
Defense policy regarding the pilot Mentor-Protege Program, as in
effect on September 30, 1993, is incorporated into the Department
of Defense Supplement to the Federal Acquisition Regulation as
an appendix. Revisions to such policy (or any successor policy)
shall be published and maintained in such supplement as an
appendix.
(c) EXTENSION OF PROGRAM ADMISSIONS.—Section 831(j)(1) of
the National Defense Authorization Act for Fiscal Year 1991 (10
U.S.C. 2301 note) is amended by striking out ‘‘September 30, 1994’’
and inserting in lieu thereof ‘‘September 30, 1995’’.
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H. R. 2401—158
Subtitle C—Provisions to Revise and Con-
solidate 
Certain 
Defense 
Acquisition
Laws
SEC. 821. REPEAL AND AMENDMENT OF OBSOLETE, REDUNDANT, OR
OTHERWISE 
UNNECESSARY 
LAWS 
APPLICABLE 
TO
DEPARTMENT OF DEFENSE GENERALLY.
(a) REPEALS.—The following provisions of law are repealed:
(1) Chapter 135 of title 10, United States Code (relating
to encouragement of aviation).
(2) Section 2317 of title 10, United States Code (relating
to encouragement of competition and cost savings).
(3) Section 2362 of title 10, United States Code (relating
to testing requirements for wheeled or tracked vehicles).
(4) Section 2389 of title 10, United States Code (relating
to purchases from the Commodity Credit Corporation and price
adjustments for contracts for procurement of milk).
(5) Sections 2436 and 2437 of title 10, United States Code
(relating to defense enterprise programs).
(6) Section 821 of Public Law 101–189 (103 Stat. 1503)
(relating to certificate of independent price determination in
certain Department of Defense contract solicitations).
(b) DELETION OF EXPIRING REPORT REQUIREMENT.—Effective
February 1, 1994, section 2361 of title 10, United States Code,
is amended by striking out subsection (c).
SEC. 822. EXTENSION TO DEPARTMENT OF DEFENSE GENERALLY OF
CERTAIN ACQUISITION LAWS APPLICABLE TO THE ARMY
AND AIR FORCE.
(a) INDUSTRIAL MOBILIZATION.—(1) Subchapter V of chapter
148 of title 10, United States Code, is amended by adding at
the end the following new sections:
‘‘§ 2538. Industrial mobilization: orders; priorities; posses-
sion of manufacturing plants; violations
‘‘(a) ORDERING AUTHORITY.—In time of war or when war is
imminent, the President, through the Secretary of Defense, may
order from any person or organized manufacturing industry nec-
essary products or materials of the type usually produced or capable
of being produced by that person or industry.
‘‘(b) COMPLIANCE WITH ORDER REQUIRED.—A person or industry
with whom an order is placed under subsection (a), or the respon-
sible head thereof, shall comply with that order and give it prece-
dence over all orders not placed under that subsection.
‘‘(c) SEIZURE OF MANUFACTURING PLANTS UPON NONCOMPLI-
ANCE.—In time of war or when war is imminent, the President,
through the Secretary of Defense, may take immediate possession
of any plant that is equipped to manufacture, or that in the opinion
of the Secretary of Defense is capable of being readily transformed
into a plant for manufacturing, arms or ammunition, parts thereof,
or necessary supplies for the armed forces if the person or industry
owning or operating the plant, or the responsible head thereof,
refuses—
‘‘(1) to give precedence to the order as prescribed in sub-
section (b);
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H. R. 2401—159
‘‘(2) to manufacture the kind, quantity, or quality of arms
or ammunition, parts thereof, or necessary supplies, as ordered
by the Secretary; or
‘‘(3) to furnish them at a reasonable price as determined
by the Secretary.
‘‘(d) USE OF SEIZED PLANT.—The President, through the Sec-
retary of Defense, may manufacture products that are needed in
time of war or when war is imminent, in any plant that is seized
under subsection (c).
‘‘(e) COMPENSATION REQUIRED.—Each person or industry from
whom products or materials are ordered under subsection (a) is
entitled to fair and just compensation. Each person or industry
whose plant is seized under subsection (c) is entitled to a fair
and just rental.
‘‘(f) CRIMINAL PENALTY.—Whoever fails to comply with this
section shall be imprisoned for not more than three years and
fined under title 18.
‘‘§ 2539. Industrial mobilization: plants; lists
‘‘(a) LIST
OF PLANTS EQUIPPED
TO MANUFACTURE ARMS
OR
AMMUNITION.—The Secretary of Defense may maintain a list of
all privately owned plants in the United States, and the territories,
Commonwealths, and possessions of the United States, that are
equipped to manufacture for the armed forces arms or ammunition,
or parts thereof, and may obtain complete information of the kinds
of those products manufactured or capable of being manufactured
by each of those plants, and of the equipment and capacity of
each of those plants.
‘‘(b) LIST
OF PLANTS CONVERTIBLE INTO AMMUNITION FAC-
TORIES.—The Secretary of Defense may maintain a list of privately
owned plants in the United States, and the territories, Common-
wealths, and possessions of the United States, that are capable
of being readily transformed into factories for the manufacture
of ammunition for the armed forces and that have a capacity suffi-
cient to warrant conversion into ammunition plants in time of
war or when war is imminent, and may obtain complete information
as to the equipment of each of those plants.
‘‘(c) CONVERSION PLANS.—The Secretary of Defense may prepare
comprehensive plans for converting each plant listed pursuant to
subsection (b) into a factory for the manufacture of ammunition
or parts thereof.
‘‘§ 2540. Industrial mobilization: Board on Mobilization of
Industries Essential for Military Preparedness
‘‘The President may appoint a nonpartisan Board on Mobiliza-
tion of Industries Essential for Military Preparedness, and may
provide necessary clerical assistance, to organize and coordinate
operations under sections 2538 and 2539 of this title.’’.
(2) Sections 4501, 4502, 9501, and 9502 of title 10, United
States Code, are repealed.
(b) AVAILABILITY OF SAMPLES, DRAWINGS, INFORMATION, EQUIP-
MENT, MATERIALS, AND CERTAIN SERVICES.—(1) Subchapter V of
chapter 148 of title 10, United States Code, is further amended
by adding at the end the following:
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H. R. 2401—160
‘‘§ 2541. Availability of samples, drawings, information,
equipment, materials, and certain services
‘‘(a) AUTHORITY.—The Secretary of Defense and the secretaries
of the military departments, under regulations prescribed by the
Secretary of Defense and when determined by the Secretary of
Defense or the Secretary concerned to be in the interest of national
defense, may each—
‘‘(1) sell, lend, or give samples, drawings, and manufactur-
ing or other information (subject to the rights of third parties)
to any person or entity;
‘‘(2) sell or lend government equipment or materials to
any person or entity—
‘‘(A) for use in independent research and development
programs, subject to the condition that the equipment or
material be used exclusively for such research and develop-
ment; or
‘‘(B) for use in demonstrations to a friendly foreign
government; and
‘‘(3) make available to any person or entity, at an appro-
priate fee, the services of any government laboratory, center,
range, or other testing facility for the testing of materials,
equipment, models, computer software, and other items.
‘‘(b) CONFIDENTIALITY OF TEST RESULTS.—The results of tests
performed with services made available under subsection (a)(3)
are confidential and may not be disclosed outside the Federal
Government without the consent of the persons for whom the tests
are performed.
‘‘(c) FEES.—Fees for services made available under subsection
(a)(3) shall be established in the regulations prescribed pursuant
to subsection (a). Such fees may not exceed the amount necessary
to recoup the direct costs involved, such as direct costs of utilities,
contractor support, and salaries of personnel that are incurred
by the United States to provide for the testing.
‘‘(d) USE OF FEES.—Fees received for services made available
under subsection (a)(3) may be credited to the appropriations or
other funds of the activity making such services available.’’.
(2) Section 2314 of title 10, United States Code, is amended
by inserting ‘‘or sale’’ after ‘‘procurement’’.
(3) Sections 4506, 4507, 4508, 9506, and 9507 of title 10, United
States Code, are repealed.
(c) PROCUREMENT FOR EXPERIMENTAL PURPOSES.—(1) Chapter
139 of title 10, United States Code, is amended by adding at
the end the following new section:
‘‘§ 2373. Procurement for experimental purposes
‘‘(a) AUTHORITY.—The Secretary of Defense and the Secretaries
of the military departments may each buy ordnance, signal, and
chemical activity supplies, including parts and accessories, and
designs thereof, that the Secretary of Defense or the Secretary
concerned considers necessary for experimental or test purposes
in the development of the best supplies that are needed for the
national defense.
‘‘(b) PROCEDURES.—Purchases under this section may be made
inside or outside the United States and by contract or otherwise.
Chapter 137 of this title applies when such purchases are made
in quantity.’’.
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