H. R. 3616—169
National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103–160; 107 Stat. 1720; 31 U.S.C. 1535 note) to—
(1) cover any purchase described in subsection (b) that
is greater than the micro-purchase threshold; and
(2) provide for a streamlined method of compliance for
any such purchase that is not greater than the simplified
acquisition threshold.
(b) DESCRIPTION
OF PURCHASES.—A purchase referred to in
subsection (a) is a purchase of goods or services for one agency
of the Department of Defense by any other agency under a task
or delivery order contract entered into by the other agency under
section 2304a of title 10, United States Code, or section 303H
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253h).
(c) DEFINITIONS.—In this section:
(1) The term ‘‘micro-purchase threshold’’ has the meaning
provided in section 32 of the Office of Federal Procurement
Policy Act (41 U.S.C. 428).
(2) The term ‘‘simplified acquisition threshold’’ has the
meaning provided in section 4 of such Act (41 U.S.C. 403).
(d) TERMINATION.—This section shall cease to be effective 1
year after the date on which final regulations prescribed pursuant
to subsection (a) take effect.
SEC. 815. SUPERVISION OF DEFENSE ACQUISITION UNIVERSITY
STRUCTURE BY UNDER SECRETARY OF DEFENSE FOR
ACQUISITION AND TECHNOLOGY.
Section 1702 of title 10, United States Code, is amended by
adding at the end the following: ‘‘The Under Secretary shall pre-
scribe policies and requirements for the educational programs of
the defense acquisition university structure established under sec-
tion 1746 of this title.’’.
SEC. 816. PILOT PROGRAMS FOR TESTING PROGRAM MANAGER
PERFORMANCE OF PRODUCT SUPPORT OVERSIGHT
RESPONSIBILITIES FOR LIFE CYCLE OF ACQUISITION
PROGRAMS.
(a) DESIGNATION
OF
PILOT
PROGRAMS.—The Secretary of
Defense, acting through the Secretaries of the military departments,
shall designate 10 acquisition programs of the military departments
as pilot programs on program manager responsibility for product
support.
(b) RESPONSIBILITIES OF PROGRAM MANAGERS.—The program
manager for each acquisition program designated as a pilot program
under this section shall have the responsibility for ensuring that
the product support functions for the program are properly carried
out over the entire life cycle of the program.
(c) REPORT.—Not later than February 1, 1999, the Secretary
of Defense shall submit to the congressional defense committees
a report on the pilot programs. The report shall contain the follow-
ing:
(1) A description of the acquisition programs designated
as pilot programs under subsection (a).
(2) For each such acquisition program, the specific manage-
ment actions taken to ensure that the program manager has
the responsibility for oversight of the performance of the prod-
uct support functions.
H. R. 3616—170
(3) Any proposed change to law, policy, regulation, or
organization that the Secretary considers desirable, and deter-
mines feasible to implement, for ensuring that the program
managers are fully responsible under the pilot programs for
the performance of all such responsibilities.
SEC. 817. SCOPE OF PROTECTION OF CERTAIN INFORMATION FROM
DISCLOSURE.
Section 2371(i)(2)(A) of title 10, United States Code, is amended
by striking out ‘‘cooperative agreement that includes a clause
described in subsection (d)’’ and inserting in lieu thereof ‘‘cooperative
agreement for performance of basic, applied, or advanced research
authorized by section 2358 of this title’’.
SEC. 818. PLAN FOR RAPID TRANSITION FROM COMPLETION OF SMALL
BUSINESS 
INNOVATION 
RESEARCH 
INTO 
DEFENSE
ACQUISITION PROGRAMS.
(a) PLAN REQUIRED.—(1) Not later than February 1, 1999,
the Secretary of Defense, in consultation with the Administrator
of the Small Business Administration, shall develop a plan for
facilitating the rapid transition into Department of Defense acquisi-
tion programs of successful first phase and second phase activities
under the Small Business Innovation Research program under sec-
tion 9 of the Small Business Act (15 U.S.C. 638).
(2) The Secretary shall submit the plan developed under para-
graph (1) to—
(A) the Committee on Armed Services and the Committee
on Small Business of the Senate; and
(B) the Committee on National Security and the Committee
on Small Business of the House of Representatives.
(b) CONDITIONS.—The plan developed under subsection (a)
shall—
(1) be consistent with the Small Business Innovation
Research program and with the provisions of division D of
the Clinger-Cohen Act of 1996 (division D of Public Law 104–
106; 110 Stat. 642) and the Federal Acquisition Streamlining
Act of 1994 (Public Law 103–355; 108 Stat. 3243) that are
applicable to the Department of Defense; and
(2) provide for favorable consideration, in the acquisition
planning process, for funding projects under the Small Business
Innovation Research program that have successfully completed
the second phase or are subject to a third phase agreement
entered into pursuant to section 9(r) of the Small Business
Act (15 U.S.C. 638(r)).
SEC. 819. FIVE-YEAR AUTHORITY FOR SECRETARY OF THE NAVY TO
EXCHANGE CERTAIN ITEMS.
(a) BARTER AUTHORITY.—The Secretary of the Navy may enter
into a barter agreement to convey trucks and other tactical vehicles
in exchange for the repair and remanufacture of ribbon bridges
for the Marine Corps. The Secretary shall enter into any such
agreement in accordance with section 201(c) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 481(c)), and
the regulations issued under such section, except that the require-
ment that the items to be exchanged be similar shall not apply
to the authority provided under this subsection.
(b) PERIOD OF AUTHORITY.—The authority to enter into agree-
ments under subsection (a) and to make exchanges under any
H. R. 3616—171
such agreement is effective during the 5-year period beginning
on October 1, 1998.
SEC. 820. PERMANENT AUTHORITY FOR USE OF MAJOR RANGE AND
TEST FACILITY INSTALLATIONS BY COMMERCIAL ENTI-
TIES.
(a) PERMANENT AUTHORITY.—Subsection (g) of section 2681 of
title 10, United States Code, is repealed.
(b) REPEAL
OF EXECUTED REPORTING REQUIREMENT.—Sub-
section (h) of such section is repealed.
SEC. 821. INVENTORY EXCHANGE AUTHORIZED FOR CERTAIN FUEL
DELIVERY CONTRACT.
(a) EXCHANGE
OF BARRELS AUTHORIZED.—(1) The Secretary
of Defense shall provide, under a contract described in subsection
(f ), that the contract may be performed, during the period described
in paragraph (2), by means of delivery of fuel obtained by the
refiner concerned in an inventory exchange of barrels of fuel, in
any case in which—
(A) the refiner is unable to physically deliver fuel in compli-
ance with the contract requirements because of ice conditions
in Cook Inlet, as determined by the Coast Guard; and
(B) the Secretary determines that such inability will result
in an inequity to the refiner.
(2) The period referred to in paragraph (1) is the period begin-
ning on the date of the enactment of this Act and ending on
February 28, 1999.
(b) LIMITATION.—The number of barrels of fuel exchanged
pursuant to a contract described in subsection (f ) may contain
up to 15 percent of the total quantity of fuel required to be delivered
under the contract.
(c) EFFECT ON STATUS AS SMALL DISADVANTAGED BUSINESS.—
Nothing in this section, and no action taken pursuant to this
section, may be construed as affecting the status of the refiner
as a small disadvantaged business.
(d) EFFECT ON CONTRACTUAL OBLIGATIONS.—Nothing in this
section may be construed as affecting the requirement of a refiner
to fulfill its contractual obligations under a contract described in
subsection (e), other than as provided under subsection (b).
(e) SMALL DISADVANTAGED BUSINESS DEFINED.—For the pur-
poses of this section, the term ‘‘small disadvantaged business’’
means a socially and economically disadvantaged small business
concern, a small business concern owned and controlled by socially
and economically disadvantaged individuals, and a qualified
HUBZone small business concern, as those terms are defined in
sections 8(a)(4)(A), 8(d)(3)(C), and 3(p) of the Small Business Act
(15 U.S.C. 637(a)(4)(A)), 637(d)(3)(C), and 632(p)), respectively.
(f ) APPLICABILITY.—This section applies to any contract
between the Defense Energy Supply Center of the Department
of Defense and a refiner that qualifies as a small disadvantaged
business for the delivery of fuel by barge to Defense Energy Supply
Point-Anchorage.
H. R. 3616—172
TITLE IX—DEPARTMENT OF DEFENSE
ORGANIZATION AND MANAGEMENT
Subtitle A—Department of Defense Officers and Organization
Sec. 901. Reduction in number of Assistant Secretary of Defense positions.
Sec. 902. Repeal of statutory requirement for position of Assistant Secretary of
Defense for Command, Control, Communications, and Intelligence.
Sec. 903. Independent task force on transformation and Department of Defense
organization.
Sec. 904. Authority to expand the National Defense University.
Sec. 905. Center for Hemispheric Defense Studies.
Sec. 906. Restructuring of administration of Fisher Houses.
Sec. 907. Management reform for research, development, test, and evaluation activi-
ties.
Subtitle B—Department of Defense Financial Management
Sec. 911. Improved accounting for defense contract services.
Sec. 912. Report on Department of Defense financial management improvement
plan.
Sec. 913. Study of feasibility of performance of Department of Defense finance and
accounting functions by private sector sources or other Federal sources.
Sec. 914. Limitation on reorganization and consolidation of operating locations of
the Defense Finance and Accounting Service.
Sec. 915. Annual report on resources allocated to support and mission activities.
Subtitle C—Joint Warfighting Experimentation
Sec. 921. Findings concerning joint warfighting experimentation.
Sec. 922. Sense of Congress concerning joint warfighting experimentation.
Sec. 923. Reports on joint warfighting experimentation.
Subtitle D—Other Matters
Sec. 931. Further reductions in defense acquisition and support workforce.
Sec. 932. Limitation on operation and support funds for the Office of the Secretary
of Defense.
Sec. 933. Clarification and simplification of responsibilities of Inspectors General
regarding whistleblower protections.
Sec. 934. Repeal of requirement relating to assignment of tactical airlift mission to
Reserve components.
Sec. 935. Consultation with Marine Corps on major decisions directly concerning
Marine Corps aviation.
Subtitle A—Department of Defense
Officers and Organization
SEC. 901. REDUCTION IN NUMBER OF ASSISTANT SECRETARY OF
DEFENSE POSITIONS.
(a) REDUCTION TO NINE POSITIONS.—Section 138(a) of title 10,
United States Code, is amended by striking out ‘‘ten’’ and insert
in lieu thereof ‘‘nine’’.
(b) CONFORMING AMENDMENT.—Section 5315 of title 5, United
States Code, is amended by striking out ‘‘(10)’’ after ‘‘Assistant
Secretaries of Defense’’ and inserting in lieu thereof ‘‘(9)’’.
SEC. 902. REPEAL OF STATUTORY REQUIREMENT FOR POSITION OF
ASSISTANT SECRETARY OF DEFENSE FOR COMMAND,
CONTROL, COMMUNICATIONS, AND INTELLIGENCE.
Section 138(b) of title 10, United States Code is amended by
striking out paragraph (3).
SEC. 903. INDEPENDENT TASK FORCE ON TRANSFORMATION AND
DEPARTMENT OF DEFENSE ORGANIZATION.
(a) FINDINGS.—Congress finds the following: