H. R. 2401—178
(c) DATA ON CONTRACT BUNDLING.—
(1) DATA
TO
BE
COMPILED.—For purposes of conducting
the study required by subsection (a), the Secretary of Defense
shall compile and furnish to the Comptroller General data
regarding contracts awarded during fiscal years 1988, 1992,
and 1993 that reflect the bundling of the types of contract
requirements that were previously solicited and awarded as
separate contract actions. With respect to such bundled con-
tracts, the Secretary shall seek to furnish data regarding—
(A) the number and dollar value of such contract
awards and the types of goods or services (including
construction) that were procured;
(B) the number and estimated dollar value of require-
ments previously procured through separate contract
actions which were included in each of the contract actions
identified under subparagraph (A);
(C) any justifications (including estimates of cost sav-
ings) for the bundled contract actions identified under
subparagraph (A); and
(D) the extent of participation by small business con-
cerns and small business concerns owned and controlled
by socially and economically disadvantaged individuals
under subcontracting plans pursuant to section 8(d) of the
Small Business Act (15 U.S.C. 637(d)).
(2) SUBMISSION TO THE COMPTROLLER GENERAL.—The Sec-
retary of Defense shall furnish the data described in paragraph
(1) to the Comptroller General not later than February 1,
1994.
(d) REPORT.—Not later than April 1, 1994, the Comptroller
General shall submit to the Committees on Armed Services and
Small Business of the Senate and House of Representatives a
report containing the results of the study required by subsection
(a). The report shall include recommendations for appropriate
changes to statutes, regulations, policy, or practices that would
ameliorate any identified adverse effects of contract bundling on
the participation of small business concerns in procurements by
the Department of Defense.
(e) DEFINITION.—For the purposes of this section, the terms
‘‘contract bundling’’ and ‘‘bundling of contract requirements’’ means
the practice of consolidating two or more procurement requirements
of the type that were previously solicited and awarded as separate
smaller contracts into a single large contract solicitation likely
to be unsuitable for award to a small business concern due to—
(1) the diversity and size of the elements of performance
specified;
(2) the aggregate dollar value of the anticipated award;
(3) the geographical dispersion of the contract performance
sites; or
(4) any combination of the factors described in paragraphs
(1), (2), and (3).
SEC. 848. PROHIBITION ON COMPETITION BETWEEN DEPARTMENT OF
DEFENSE AND SMALL BUSINESSES FOR CERTAIN MAINTE-
NANCE CONTRACTS.
(a) IN GENERAL.—(1) Chapter 137 of title 10, United States
Code, is amended by inserting after section 2304 the following
new section:
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H. R. 2401—179
‘‘§ 2304a. Contracts: prohibition on competition between
Department of Defense and small businesses and
certain other entities
‘‘(a) EXCLUSION.—In any case in which the Secretary of Defense
plans to use competitive procedures for a procurement, if the
procurement is to be conducted as described in subsection (b),
then the Secretary shall exclude the Department of Defense from
competing in the procurement.
‘‘(b) PROCUREMENT DESCRIPTION.—The requirement to exclude
the Department of Defense under subsection (a) applies in the
case of a procurement to be conducted by excluding from competition
entities in the private sector other than—
‘‘(1) small business concerns in furtherance of section 8
or 15 of the Small Business Act (15 U.S.C. 637 or 644); or
‘‘(2) entities described in subsection (a)(1) of section 2323
of this title in furtherance of the goal specified in that
subsection.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 2304
the following new item:
‘‘2304a. Contracts: prohibition on competition between Department of Defense and
small businesses and certain other entities.’’.
(b) EFFECTIVE DATE.—Section 2304a of title 10, United States
Code, as added by subsection (a), shall take effect on the date
of the enactment of this Act.
SEC. 849. BUY AMERICAN PROVISIONS.
(a) COMPLIANCE WITH BUY AMERICAN ACT.—No funds author-
ized to be appropriated pursuant to this Act may be expended
by an entity of the Department of Defense unless the entity, in
expending the funds, complies with the Buy American Act.
(b) PROHIBITION OF CONTRACTS.—If the Secretary of Defense
determines that a person has been convicted of intentionally affixing
a label bearing a ‘‘Made in America’’ inscription to any product
sold in or shipped to the United States that is not made in America,
the Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) BUY AMERICAN ACT WAIVER RESCISSIONS.—(1) If the Sec-
retary of Defense, after consultation with the United States Trade
Representative, determines that a foreign country which is party
to an agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of products
produced in the United States that are covered by the agreement,
the Secretary of Defense shall rescind the Secretary’s blanket waiver
of the Buy American Act with respect to such types of products
produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding between the
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(d) DEFINITION.—For purposes of this section, the term ‘‘Buy
American Act’’ means title III of the Act entitled ‘‘An Act making
appropriations for the Treasury and Post Office Departments for
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H. R. 2401—180
the fiscal year ending June 30, 1934, and for other purposes’’,
approved March 3, 1933 (41 U.S.C. 10a et seq.).
SEC. 850. CLARIFICATION TO SMALL BUSINESS COMPETITIVENESS
DEMONSTRATION PROGRAM ACT.
The Small Business Competitiveness Demonstration Program
Act of 1988 (15 U.S.C. 644 note) is amended—
(1) in section 732, by striking out the second sentence;
and
(2) in section 717, by adding at the end the following
new subsection:
‘‘(f) SIZE STANDARDS.—
‘‘(1) IN
GENERAL.—Any numerical size standard that is
assigned to a standard industrial classification code (or a sub-
division of such a code) for any of the designated industry
groups described in subsections (b), (c), and (d) of this section
and that was in effect on September 30, 1988, shall remain
in effect for the duration of the Program (as specified in section
711(c)).
‘‘(2) ENGINEERING SERVICES OTHER THAN ARCHITECTURAL
AND ENGINEERING SERVICES.—The limitation imposed by para-
graph (1) does not preclude modification to the numerical size
standard assigned to those subdivisions of standard industrial
classification code 8711 that are not subject to the Program,
including—
‘‘(A) engineering services—military and aerospace
equipment and military weapons;
‘‘(B) engineering services—marine engineering and
naval architecture; or
‘‘(C) any successor to a subdivision described in
subparagraph (A) or (B).’’.
TITLE IX—DEPARTMENT OF DEFENSE
ORGANIZATION AND MANAGEMENT
Subtitle A—Office of the Secretary of
Defense
SEC. 901. ENHANCED POSITION FOR COMPTROLLER OF DEPARTMENT
OF DEFENSE.
(a) IN GENERAL.—Chapter 4 of title 10, United States Code,
is amended—
(1) by redesignating sections 135, 136, 138, 139, 140, and
141 as sections 137, 138, 139, 140, 141, and 142, respectively;
and
(2) by transferring section 137 (relating to the Comptroller)
so as to appear after section 134a, redesignating that section
as section 135, and amending that section by adding at the
end the following new subsection:
‘‘(d) The Comptroller takes precedence in the Department of
Defense after the Under Secretary of Defense for Policy.’’.
(b) EXECUTIVE SCHEDULE III PAY LEVEL.—Section 5314 of title
5, United States Code, is amended by inserting after the item
relating to the Under Secretary of Defense for Policy the following:
‘‘Comptroller of the Department of Defense.’’.
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H. R. 2401—181
(c) CONFORMING AMENDMENT.—Subsection (d) of section 138
of title 10, United States Code, as redesignated by subsection (a),
is amended by inserting ‘‘and Comptroller’’ after ‘‘Under Secretaries
of Defense’’.
SEC. 902. ADDITIONAL RESPONSIBILITIES OF THE COMPTROLLER.
(a) CHIEF FINANCIAL OFFICER.—(1) Section 135 of title 10,
United States Code, as redesignated and amended by section 901,
is further amended in subsection (b)—
(A) by inserting after ‘‘(b)’’ the following: ‘‘The Comptroller
is the agency Chief Financial Officer of the Department of
Defense for the purposes of chapter 9 of title 31.’’; and
(B) by inserting ‘‘additional’’ after ‘‘shall perform such’’.
(2) Section 5315 of title 5, United States Code, is amended
by striking out the following:
‘‘Chief Financial Officer, Department of Defense.’’.
(b) CONGRESSIONAL INFORMATION RESPONSIBILITIES.—Such sec-
tion is further amended by adding after subsection (d), as added
by section 901(a)(2), the following new subsection:
‘‘(e) The Comptroller shall ensure that the Committees on
Armed Services and the Committees on Appropriations of the Sen-
ate and House of Representatives are each informed, in a timely
manner, regarding all matters relating to the budgetary, fiscal,
and analytic activities of the Department of Defense that are under
the supervision of the Comptroller.’’.
SEC. 903. NEW POSITION OF UNDER SECRETARY OF DEFENSE FOR
PERSONNEL AND READINESS.
(a) IN GENERAL.—Chapter 4 of title 10, United States Code,
is amended by inserting after section 135, as transferred and
redesignated by section 901(a), the following new section:
‘‘§ 136. Under Secretary of Defense for Personnel and Readi-
ness
‘‘(a) There is an Under Secretary of Defense for Personnel
and Readiness, appointed from civilian life by the President, by
and with the consent of the Senate.
‘‘(b) Subject to the authority, direction, and control of the Sec-
retary of Defense, the Under Secretary of Defense for Personnel
and Readiness shall perform such duties and exercise such powers
as the Secretary of Defense may prescribe in the areas of military
readiness, total force management, military and civilian personnel
requirements, military and civilian personnel training, military and
civilian family matters, exchange, commissary, and nonappropriated
fund activities, personnel requirements for weapons support,
National Guard and reserve components, and health affairs.
‘‘(c) The Under Secretary of Defense for Personnel and Readi-
ness takes precedence in the Department of Defense after the
Comptroller.’’.
(b) EXECUTIVE SCHEDULE III PAY LEVEL.—Section 5314 of title
5, United States Code, is amended by inserting after the item
relating to the Comptroller of the Department of Defense, as added
by section 901(b), the following:
‘‘Under Secretary of Defense for Personnel and Readiness.’’.
(c) OFFSETTING REDUCTION
IN NUMBER
OF ASSISTANT SEC-
RETARY OF DEFENSE POSITIONS.—(1) Subsection (a) of section 138
of title 10, United States Code, as redesignated by section 901(a),
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H. R. 2401—182
is amended by striking out ‘‘eleven’’ and inserting in lieu thereof
‘‘ten’’.
(2) Section 5315 of title 5, United States Code, is amended
by striking out ‘‘Assistant Secretaries of Defense (11)’’ and inserting
in lieu thereof ‘‘Assistant Secretaries of Defense (10)’’.
SEC. 904. REDESIGNATION OF POSITIONS OF UNDER SECRETARY
AND DEPUTY UNDER SECRETARY OF DEFENSE FOR
ACQUISITION.
(a) REDESIGNATIONS.—The office of Under Secretary of Defense
for Acquisition in the Department of Defense is hereby redesignated
as Under Secretary of Defense for Acquisition and Technology.
The office of Deputy Under Secretary of Defense for Acquisition
in the Department of Defense is hereby redesignated as Deputy
Under Secretary of Defense for Acquisition and Technology.
(b) USD CHARTER AMENDMENTS.—(1) Section 133 of title 10,
United States Code, is amended by striking out ‘‘Under Secretary
of Defense for Acquisition’’ in subsections (a), (b), and (e)(1) and
inserting in lieu thereof ‘‘Under Secretary of Defense for Acquisition
and Technology’’.
(2) The heading for such section is amended to read as follows:
‘‘§ 133. Under Secretary of Defense for Acquisition and Tech-
nology’’.
(c) DUSD CHARTER AMENDMENTS.—(1) Section 133a of such
title is amended by striking out ‘‘Deputy Under Secretary of Defense
for Acquisition’’ in subsections (a) and (b) and inserting in lieu
thereof ‘‘Deputy Under Secretary of Defense for Acquisition and
Technology’’.
(2) The heading for such section is amended to read as follows:
‘‘§ 133a. Deputy Under Secretary of Defense for Acquisition
and Technology’’.
(d) CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES
CODE.—(1) The following sections of title 10, United States Code,
are amended by striking out ‘‘Under Secretary of Defense for
Acquisition’’ each place such term appears (including section head-
ings) and inserting in lieu thereof ‘‘Under Secretary of Defense
for Acquisition and Technology’’: sections 134(c), 137(b) (as redesig-
nated by section 901(a)), 139 (as redesignated by section 901(a)),
171(a)(3), 179(a), 1702, 1703, 1707(a), 1722, 1735(c), 1737(c),
1741(b), 1746(a), 1761(b)(4), 1762(a), 1763, 2304(f), 2308(b), 2325(b),
2329, 2350a, 2369, 2399(b)(3), 2435(b)(2)(B), 2438(c), 2523(a), and
2534(b)(2).
(2) The item relating to section 1702 in the table of sections
at the beginning of subchapter I of chapter 87 of such title is
amended to read as follows:
‘‘1702. Under Secretary of Defense for Acquisition and Technology: authorities and
responsibilities.’’.
(3) Section 171(a)(8) of such title is amended by striking out
‘‘Deputy Under Secretary of Defense for Acquisition’’ and inserting
in lieu thereof ‘‘Deputy Under Secretary of Defense for Acquisition
and Technology’’.
(e) CONFORMING AMENDMENTS
TO TITLE 5, UNITED STATES
CODE.—(1) Section 5313 of title 5, United States Code, is amended
by striking out ‘‘Under Secretary of Defense for Acquisition’’ and
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H. R. 2401—184
‘‘140. General Counsel.
‘‘141. Inspector General.
‘‘142. Assistant to the Secretary of Defense for Atomic Energy.’’.
SEC. 907. DIRECTOR OF OPERATIONAL TEST AND
EVALUATION.
Subsection (c) of section 139 of title 10, United States Code,
as redesignated by section 901(a)(1), is amended—
(1) by striking out the first sentence;
(2) by striking out ‘‘Director of Defense Research and
Engineering’’ and inserting in lieu thereof ‘‘Under Secretary
of Defense for Acquisition and Technology’’; and
(3) by striking out ‘‘research and development’’ and insert-
ing in lieu thereof ‘‘acquisition’’.
Subtitle B—Professional Military
Education
SEC. 921. CONGRESSIONAL FINDINGS CONCERNING PROFESSIONAL
MILITARY EDUCATION SCHOOLS.
The Congress finds that—
(1) the primary mission of the professional military edu-
cation schools of the Army, Navy, Air Force, and Marine Corps
is to provide military officers with expertise in their particular
warfare specialties and a broad and deep understanding of
the major elements of their own service;
(2) the primary mission of the joint professional military
education schools is to provide military officers with expertise
in the integrated employment of land, sea, and air forces,
including matters relating to national security strategy,
national military strategy, strategic planning and contingency
planning, and command and control of combat operations under
unified command; and
(3) there is a continuing need to maintain professional
military education schools for the Armed Forces and separate
joint professional military education schools.
SEC. 922. AUTHORITY FOR AWARD BY NATIONAL DEFENSE UNIVER-
SITY OF CERTAIN MASTER OF SCIENCE DEGREES.
(a) IN GENERAL.—Chapter 108 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 2163. National Defense University: masters of science in
national 
security 
strategy 
and 
in 
national
resource strategy
‘‘(a) NATIONAL WAR COLLEGE DEGREE.—The President of the
National Defense University, upon the recommendation of the fac-
ulty and commandant of the National War College, may confer
the degree of master of science of national security strategy upon
graduates of the National War College who fulfill the requirements
for the degree.
‘‘(b) ICAF DEGREE.—The President of the National Defense
University, upon the recommendation of the faculty and com-
mandant of the Industrial College of the Armed Forces, may confer
the degree of master of science of national resource strategy upon
graduates of the Industrial College of the Armed Forces who fulfill
the requirements for the degree.
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H. R. 2401—185
‘‘(c) REGULATIONS.—The authority provided by subsections (a)
and (b) shall be exercised under regulations prescribed by the
Secretary of Defense.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2163. National Defense University: masters of science in national security strategy
and in national resource strategy.’’.
SEC. 923. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT
GEORGE C. MARSHALL EUROPEAN CENTER FOR SECURITY
STUDIES.
(a) IN GENERAL.—(1) Section 1595 of title 10, United States
Code, is amended to read as follows:
‘‘§ 1595. Civilian faculty members at certain Department of
Defense schools: employment and compensation
‘‘(a) AUTHORITY OF SECRETARY.—The Secretary of Defense may
employ as many civilians as professors, instructors, and lecturers
at the institutions specified in subsection (c) as the Secretary consid-
ers necessary.
‘‘(b) COMPENSATION OF FACULTY MEMBERS.—The compensation
of persons employed under this section shall be as prescribed by
the Secretary.
‘‘(c) COVERED INSTITUTIONS.—This section applies with respect
to the following institutions of the Department of Defense:
‘‘(1) The National Defense University.
‘‘(2) The Foreign Language Center of the Defense Language
Institute.
‘‘(3) The George C. Marshall European Center for Security
Studies.
‘‘(d) APPLICATION TO FACULTY MEMBERS AT NDU.—(1) In the
case of the National Defense University, this section applies with
respect to persons selected by the Secretary for employment as
professors, instructors, and lecturers at the National Defense
University after February 27, 1990.
‘‘(2) For purposes of this section, the National Defense Univer-
sity includes the National War College, the Armed Forces Staff
College, the Institute for National Strategic Study, and the Indus-
trial College of the Armed Forces.
‘‘(e) APPLICATION
TO DIRECTOR
AND DEPUTY DIRECTOR
AT
GEORGE C. MARSHALL CENTER.—In the case of the George C. Mar-
shall European Center for Security Studies, this section also applies
with respect to the Director and the Deputy Director.’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 81 of such title is amended to read
as follows:
‘‘1595. Civilian faculty members at certain Department of Defense schools: employ-
ment and compensation.’’.
(b) CONFORMING AMENDMENT.—Section 5102(c)(10) of title 5,
United States Code, as amended by section 533(c), is amended
by inserting ‘‘(and, in the case of the George C. Marshall European
Center for Security Studies, the Director and the Deputy Director)’’
after ‘‘professional military education school’’.
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H. R. 2401—186
Subtitle C—Joint Officer Personnel Policy
SEC. 931. REVISION OF GOLDWATER-NICHOLS REQUIREMENT OF
SERVICE IN A JOINT DUTY ASSIGNMENT BEFORE PRO-
MOTION TO GENERAL OR FLAG GRADE.
(a) IN GENERAL.—Chapter 36 of title 10, United States Code,
is amended by inserting after section 619 the following new section:
‘‘§ 619a. Eligibility for consideration for promotion: joint
duty assignment required before promotion to
general or flag grade; exceptions
‘‘(a) GENERAL RULE.—An officer on the active-duty list of the
Army, Navy, Air Force, or Marine Corps may not be appointed
to the grade of brigadier general or rear admiral (lower half) unless
the officer has completed a full tour of duty in a joint duty assign-
ment (as described in section 664(f) of this title).
‘‘(b) EXCEPTIONS.—Subject to subsection (c), the Secretary of
Defense may waive subsection (a) in the following circumstances:
‘‘(1) When necessary for the good of the service.
‘‘(2) In the case of an officer whose proposed selection
for promotion is based primarily upon scientific and technical
qualifications for which joint requirements do not exist.
‘‘(3) In the case of—
‘‘(A) a medical officer, dental officer, veterinary officer,
medical service officer, nurse, or biomedical science officer;
‘‘(B) a chaplain; or
‘‘(C) a judge advocate.
‘‘(4) In the case of an officer selected by a promotion board
for appointment to the grade of brigadier general or rear
admiral (lower half) while serving in a joint duty assignment
if—
‘‘(A) at least 180 days of that joint duty assignment
have been completed on the date of the convening of that
selection board; and
‘‘(B) the officer’s total consecutive service in joint duty
assignments within that immediate organization is not less
than two years.
‘‘(5) In the case of an officer who served in a joint duty
assignment that began before January 1, 1987, if the officer
served in that assignment for a period of sufficient duration
(which may not be less than 12 months) for the officer’s service
to have been considered a full tour of duty under the policies
and regulations in effect on September 30, 1986.
‘‘(c) WAIVER TO BE INDIVIDUAL.—A waiver may be granted
under subsection (b) only on a case-by-case basis in the case of
an individual officer.
‘‘(d) SPECIAL RULE FOR GOOD-OF-THE-SERVICE WAIVER.—In the
case of a waiver under subsection (b)(1), the Secretary shall provide
that the first duty assignment as a general or flag officer of the
officer for whom the waiver is granted shall be in a joint duty
assignment.
‘‘(e) LIMITATION ON DELEGATION OF WAIVER AUTHORITY.—The
authority of the Secretary of Defense to grant a waiver under
subsection (b) (other than under paragraph (1) of that subsection)
may be delegated only to the Deputy Secretary of Defense, an
Under Secretary of Defense, or an Assistant Secretary of Defense.
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H. R. 2401—187
‘‘(f) REGULATIONS.—The Secretary of Defense shall prescribe
regulations to carry out this section. The regulations shall specifi-
cally identify for purposes of subsection (b)(2) those categories of
officers for which selection for promotion to brigadier general or,
in the case of the Navy, rear admiral (lower half) is based primarily
upon scientific and technical qualifications for which joint require-
ments do not exist.
‘‘(g) TRANSITION WAIVER AUTHORITIES.—(1)(A) Until January
1, 1999, the Secretary of Defense may waive subsection (a) in
the case of an officer who served in an assignment (other than
a joint duty assignment) that began before October 1, 1986, and
that involved significant experience in joint matters (as determined
by the Secretary) if the officer served in that assignment for a
period of sufficient duration (which may not be less than 12 months)
for the officer’s service to have been considered a full tour of
duty under the policies and regulations in effect on September
30, 1986.
‘‘(B) Of the total number of appointments to the grades of
brigadier general and rear admiral (lower half) for officers on the
active-duty lists of the Army, Navy, Air Force, and Marine Corps
during each of the years 1995 through 1999, the number in any
such year that are made using a waiver under subparagraph (A)
may not exceed the applicable percentage of such total determined
as follows:
Applicable
‘‘Year:
Percentage:
1995 ...................................................................................................
1996 ...................................................................................................
1997 ...................................................................................................
1998 ...................................................................................................
5.
‘‘(C) The provisions of subsections (c) and (e) apply to waivers
under this paragraph in the same manner as to waivers under
subsection (b).
‘‘(2) Until January 1, 1999, the Secretary of Defense may waive
subsection (d) in the case of an officer granted a waiver of subsection
(a) under the authority of subsection (b)(1).
‘‘(3)(A) An officer described in subparagraph (B) may not be
appointed to the grade of lieutenant general or vice admiral until
the officer completes a full tour of duty in a joint duty assignment.
‘‘(B) Subparagraph (A) applies to an officer—
‘‘(i) who is promoted after January 1, 1994, to the grade
of brigadier general or rear admiral (lower half) and who
receives a waiver of subsection (a) under the authority of para-
graph (1) of this subsection; or
‘‘(ii) who receives a waiver of subsection (d) under the
authority of paragraph (2) of this subsection.
‘‘(h) SPECIAL TRANSITION RULES
FOR NUCLEAR PROPULSION
OFFICERS.—(1) Until January 1, 1997, an officer of the Navy des-
ignated as a qualified nuclear propulsion officer may be appointed
to the grade of rear admiral (lower half) without regard to sub-
section (a). An officer so appointed may not be appointed to the
grade of rear admiral until the officer completes a full tour of
duty in a joint duty assignment.
‘‘(2) Not later than March 1 of each year from 1994 through
1997, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a report on the implementation during the preceding calendar year
of the transition plan developed by the Secretary pursuant to section
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