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Page:United States Statutes at Large Volume 98 Part 3.djvu/221

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2593

"§ 2317. Encouragement of competition and cost savings "The Secretary of Defense shall establish procedures to ensure that personnel appraisal systems of the Department of Defense give appropriate recognition to efforts to increase competition and achieve cost savings in areas relating to contracts covered by this chapter.".

10 USC 2317.

IMPROVED PROCUREMENT PROCEDURES

SEC. 1216. (a) Chapter 137 of title 10, United States Code, is amended by adding after section 2317 (as added by section 1215 of this Act) the following new sections: "§ 2318. Advocates for competition 10 USC 2318. "(a)(1) In addition to the advocates for competition established or designated pursuant to section 20(a) of the Office of Federal Procurement Policy Act, the Secretary of Defense shall designate an officer Ante, p. 1195. or employee of the Defense Logistics Agency to serve as the advocate for competition of the agency. "(2) The advocate for competition of the Defense Logistics Agency shall carry out the responsibilities and functions provided for in sections 20(b) and 20(c) of the Office of Federal Procurement Policy Act. "(b) Each advocate for competition of an agency named in section 2303(a) of this title shall be a general or flag officer if a member of the armed forces or a grade GS-16 or above under the General Schedule (or in a comparable or higher position under another 5 USC 5332. schedule), if a civilian employee and shall be designated to serve for a minimum of two years. "(c) Each advocate for competition of an agency of the Department Report, of Defense shall transmit to the Secretary of Defense a report describing his activities during the preceding year. The report of each advocate for competition snail be included in the annual report of the Secretary of Defense required by section 21 of the Office of Federal Procurement Policy Act, in the form in which it w a s Ante, p. 1195. submitted to the Secretary. "§ 2319. Encouragement of new competitors "(a) In this section, 'qualification requirement' means a requirement for testing or other quality assurance demonstration that must be completed by an offeror before award of a contract. "(b) Except as provided in subsection (c), the head of the agency shall, before establishing a qualification requirement— "(1) prepare a written justification stating the necessity for establishing the qualification requirement and specify why the qualification requirement must be demonstrated before contract award; "(2) specify in writing and make available to a potential offeror upon request all requirements which a prospective offeror, or its product, must satisfy in order to become qualified, such requirements to be limited to those least restrictive to meet the purposes necessitating the establishment of the qualification requirement; "(3) specify an estimate of the costs of testing and evaluation likely to be incurred by a potential offeror in order to become qualified; "(4) ensure that a potential offeror is provided, upon request and on a reimbursable basis, a prompt opportunity to demonstrate its ability to meet the standards specified for qualification

Contracts. 10 USC 2319.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/222

 98 STAT. 2594

Ante, p. 2588. Waiver.

15 USC 637.

PUBLIC LAW 98-525—OCT. 19, 1984

using qualified personnel and facilities of the agency concerned or of another agency obtained through interagency agreement, or under contract, or other methods approved by the agency (including use of approved testing and evaluation services not provided under contract to the agency); "(5) if testing and evaluation services are provided under contract to the agency for the purposes of clause (4), provide to the extent possible that such services be provided by a contractor who is not expected to benefit from an absence of additional qualified sources and who shall be required in such contract to adhere to any restriction on technical data asserted by the potential offeror seeking qualification; and "(6) ensure that a potential offeror seeking qualification is promptly informed as to whether qualification is attained and, in the event qualification is not attained, is promptly furnished specific information why qualification was not attained. "(c)(1) Subsection (b) of this section does not apply with respect to a qualification requirement established by statute or administrative action before the date of the enactment of the Defense Procurement Reform Act of 1984 unless such requirement is a qualified products list. "(2)(A) Except as provided in subparagraph (B), if it is unreasonable to specify the standards for qualification which a prospective offeror or its product must satisfy, a determination to that effect shall be submitted to the advocate for competition of the procuring activity responsible for the purchase of the item subject to the qualification requirement. After considering any comments of the advocate for competition reviewing such determination, the head of the purchasing office may waive the requirements of clauses (2) through (6) of subsection (b) for up to two years with respect to the item subject to the qualification requirement. "(B) The waiver authority provided in this paragraph does not apply with respect to a qualified products list. "(3) A potential offeror may not be denied the opportunity to submit and have considered an offer for a contract solely because the potential offeror (A) is not on a qualified bidders list, qualified manufacturers list, or qualified prodiicts list, or (B) has not been identified as meeting a qualification requirement established after the date of the enactment of the Defense Procurement Reform Act of 1984 if the potential offeror can demonstrate to the satisfaction of the contracting officer that the potential offeror or its product meets the standards established for qualification or can meet such standards before the date specified for award of the contract. "(4) Nothing contained in this subsection requires the referral of an offer to the Small Business Administration pursuant to section 8(b)(7) of the Small Business Act if the basis for the referral is a challenge by the offeror to either the validity of the qualification requirement or the offeror's compliance with such requirement. "(5) The head of an agency need not delay a proposed procurement in order to comply with subsection (b) or in order to provide a potential offeror with an opportunity to demonstrate its ability to meet the standards specified for qualification. "(6) The requirements of subsection (b) also apply before enforcement of any qualified products list, qualified manufacturers list, or qualified bidders list.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/223

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2595

"(d)(1) If the number of qualified sources or qualified products available to compete actively for an anticipated future requirement is fewer than two actual manufacturers or the products of two actual manufacturers, respectively, the head of the agency concerned shall— "(A) periodically publish notice in the Commerce Business Daily soliciting additional sources or products to seek qualification, unless the contracting officer determines that such publication would compromise national security; and "(B) bear the cost of conducting the specified testing and evaluation (excluding the costs associated with producing the item or establishing the production, quality control, or other system to be tested and evaluated) for a small business concern or a product manufactured by a small business concern which has met the standards specified for qualification and which could reasonably be expected to compete for a contract for that requirement, but such costs may be borne only if the head of the agency determines that such additional qualified sources or products are likely to result in cost savings from increased competition for future requirements sufficient to amortize the costs incurred by the agency within a reasonable period of time considering the duration and dollar value of anticipated future requirements. "(2) The head of an agency shall require a prospective contractor requesting the United States to bear testing and evaluation costs under paragraph (I)(B) to certify as to its status as a small business concern under section 3 of the Small Business Act. "(e) Within seven years after the establishment of a qualification requirement under subsection (b) or within seven years following an agency's enforcement of a qualified products list, qualified manufacturers list, or qualified bidders list, any such qualification requirement shall be examined and revalidated in accordance with the requirements of subsection (b). The preceding sentence does not apply in the case of a qualification requirement for which a waiver is in effect under subsection (cK2). "(f) Except in an emergency as determined by the head of the agency, whenever the head of the agency determines not to enforce a qualification requirement for a solicitation, the agency may not thereafter enforce that qualification requirement unless the agency complies with the requirements of subsection (b).

15 USC 632.

"§ 2320. Rights in technical data Contracts. "(a) The legitimate proprietary interest of the United States and Regulations. 10 USC 2320. of a contractor in technical or other data shall be defined in regulations prescribed as part of the single system of Governmentwide procurement regulations as defined in section 4(4) of the Office of Federal Procurement Policy Act. Such regulations may not Ante, p. 1195. impair any right of the United States or of any contractor with Patents and respect to patents or copyrights or any other right in technical data trademarks. otherwise established by law. The following factors shall be consid- Copyrights. ered in prescribing such regulations: "(1) Whether the technical data was developed— "(A) exclusively with Federal funds; "(B) exclusively at private expense; or "(C) in part with Federal funds and in part at private expense.

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text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/224

 98 STAT. 2596 35 USC 200.

Ante, p. 2588. 10 USC 2303.

Ante, p. 2591.

PUBLIC LAW 98-525—OCT. 19, 1984

"(2) The statement of congressional policy and objectives in section 200 of title 35, the statement of purposes in section 2(b) of the Small Business Innovation Development Act of 1982 (Public Law 97-219; 15 U.S.C. 638 note), and the declaration of policy in section 2 of the Small Business Act (15 U.S.C. 631). "(3) The interest of the United States in increasing competition and lowering costs by developing and locating alternative sources of supply and manufacture. "(4) The policy set forth in section 1202(6) of the Defense Procurement Reform Act of 1984. "(b) Regulations prescribed under subsection (a) shall require that, whenever practicable, a contract for supplies or services entered into by an agency named in section 2303 of this title contain appropriate provisions relating to technical data, including provisions— "(1) defining the respective rights of the United States and the contractor or subcontractor (at any tier) regarding any technical data to be delivered under the contract; "(2) specifying the technical data, if any, to be delivered under the contract and delivery schedules for such delivery; "(3) establishing or referencing procedures for determining the acceptability of technical data to be delivered under the contract; "(4) establishing separate contract line items for the technical data, if any, to be delivered under the contract; "(5) to the maximum practicable extent, identifying, in advance of delivery, technical data which is to be delivered with restrictions on the right of the United States to use such data; "(6) requiring the contractor to revise any technical data delivered under the contract to reflect engineering design changes made during the performance of the contract and affecting the form, fit, and function of the items specified in the contract and to deliver such revised technical data to an agency within a time specified in the contract; "(7) requiring the contractor to furnish written assurance at the time the technical data is delivered or is made available that the technical data is complete and accurate and satisfies the requirements of the contract concerning technical data; "(8) establishing remedies to be available to the United States when technical data required to be delivered or made available under the contract is found to be incomplete or inadequate or to not satisfy the requirements of the contract concerning technical data; and "(9) authorizing the head of the agency to withhold payments under the contract (or exercise such other remedies as the head of the agency considers appropriate) during any period if the contractor does not meet the requirements of the contract pertaining to the delivery of technical data. "(c) Nothing in this section or in section 2305(d) of this title prohibits the Secretary of Defense from prescribing standards for determining whether a contract entered into by the Department of Defense shall provide for a time to be specified in the contract after which the United States shall have the right to use (or have used) for any purpose of the United States all technical data required to be delivered to the United States under the contract or providing for such a period of time (not to exceed 7 years) as a negotiation objective.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/225

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2597

"(d) The Secretary of Defense shall by regulation establish programs which provide domestic business concerns an opportunity to purchase or borrow replenishment parts from the United States for the purpose of design replication or modification, to be used by such concerns in the submission of subsequent offers to sell the same or like parts to the United States. Nothing in this subsection limits the authority of the head of an agency to impose restrictions on such a program related to national security considerations, inventory needs of the United States, the improbability of future purchases of the same or like parts, or any additional restriction otherwise required by law.

Business and industry.

"§ 2321. Validation of proprietary data restrictions "(a) A contract for supplies or services entered into by the Department of Defense which provides for the delivery of technical data shall provide that— "(1) a contractor or subcontractor at any tier shall be prepared to furnish to the contracting officer a written justification for any restriction asserted by the contractor or subcontractor on the right of the United States to use such technical data; and "(2) the contracting officer may review the validity of any restriction asserted by the contractor or by a subcontractor under the contract on the right of the United States to use technical data furnished to the United States under the contract if the contracting officer determines that reasonable grounds exist to question the current validity of the asserted restriction and that the continued adherence to the asserted restriction by the United States would make it impracticable to procure the item competitively at a later time. "(b) If after such review the contracting officer determines that a challenge to the asserted restriction is warranted, the contracting officer shall provide written notice to the contractor or subcontractor asserting the restriction. Such notice shall— "(1) state the grounds for challenging the asserted restriction; and "(2) require a response within 60 days justifying the current validity of the asserted restriction. "(c) If a contractor or subcontractor asserting a restriction subject to this section submits to the contracting officer a written request, showing the need for additional time to comply with the requirement to justify the current validity of the asserted restriction, additional time to adequately permit the submission of such justification shall be provided by the contracting officer as appropriate. If a party asserting a restriction receives notices of challenges to restrictions on technical data from more than one contracting officer, and notifies each contracting officer of the existence of more than one challenge, the contracting officer initiating the first in time challenge, after consultation with the party asserting the restriction and the other contracting officers, shall formulate a schedule of responses to each of the challenges that will afford the party asserting the restriction with an equitable opportunity to respond to each such challenge. "(d)(1) Upon a failure by the contractor or subcontractor to submit any response under subsection (b), the contracting officer shall issue a decision pertaining to the validity of the asserted restriction. "(2) After review of any justification submitted in response to the notice provided pursuant to subsection (b), the contracting officer

Contracts.

31-194 0 - 86 -

QL.3 Parts

10 USC 2321.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/226

 98 STAT. 2598

Claims.

10 USC 2322.

Expiration date. 10 USC 2323.

PUBLIC LAW 98-525—OCT. 19, 1984

shall, within 60 days of receipt of any justification submitted, issue a decision or notify the party asserting the restriction of the time within which a decision will be issued. "(e) If a claim pertaining to the validity of the asserted restriction is submitted in writing to a contracting officer by a contractor or subcontractor at any tier, such claim shall be considered a claim within the meaning of the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.). "(f)(1) If, upon final disposition, the contracting officer's challenge to the restriction on the right of the United States to use such technical data is sustained— "(A) the restriction on the right of the United States to use the technical data shall be cancelled; and "(B) if the asserted restriction is found not to be substantially justified, the contractor or subcontractor, as appropriate, shall be liable to the United States for payment of the cost to the United States of reviewing the asserted restriction and the fees and other expenses (as defined in section 2412(d)(2)(A) of title 28) incurred by the United States in challenging the asserted restriction, unless special circumstances would make such payment unjust. "(2) If, upon final disposition, the contracting officer's challenge to the restriction on the right of the United States to use such technical data is not sustained— "(A) the United States shall continue to be bound by the restriction; and "(B) the United States shall be liable for payment to the party asserting the restriction for fees and other expenses (as defined in section 2412(d)(2)(A) of title 28) incurred by the party asserting the restriction in defending the asserted restriction if the challenge by the United States is found not to be made in good faith. "§ 2322. Limitation on small business set-asides "(a) The head of an agency may not authorize a procurement to be set-aside for participation only by small business concerns in the case of a procurement under the Foreign Military Sales Program, if the foreign purchaser specifies the sources qualified to meet the requirement and only one of those sources is a small business concern. "(b) This section expires two years after the effective date of this section. "§ 2323. Commercial pricing for supplies "(a) Except in the case of an offer submitted with a written statement under subsection (b)(2) and except as provided in subsection (c), a contract entered into using other than competitive procedures by an agency named in section 2303(a) of this title for the purchase of items that are offered for sale to the public may not result in a price to the United States that exceeds the lowest price at which such items are sold by the contractor to the public. "(b) A person who submits an offer to such an agency for the supply of items that it offers for sale to the public (1) shall certify in the offer that the price offered is not more than its lowest commercial price for the items, or (2) shall submit with the offer a written

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Page:United States Statutes at Large Volume 98 Part 3.djvu/227

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2599

statement specifying the amount of the difference between its lowest commercial price for the items and the price offered and providing a justification for that difference. "(c) Subsections (a) and (b) do not apply to a contract if the contracting officer determines that the use of the price otherwise required by subsection (a) for such contract is not appropriate because of— "(1) national security considerations; or "(2) differences in quantities, quality, delivery, or other terms and conditions of the contract from commercial contract terms.". (b) Within 60 days after the date the regulations required by section 2320(a) of title 10, United States Code (as added by subsection (a)), are prescribed, the Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration shall submit to Congress a joint report describing in detail how those regulations give consideration to the factors specified for consideration in that subsection. (c)(1) Section 2318 of title 10, United States Code (as added by subsection (a)), shall take effect on April 1, 1985. (2) Sections 2319, 2320, and 2321 of title 10, United States Code (as added by subsection (a)), shall apply with respect to solicitations issued after the end of the one-year period beginning on the date of the enactment of this Act. (3) Section 2322 of title 10, United States Code (as added by subsection (a)), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act. (4) Section 2323 of title 10, United States Code (as added by subsection (a)), shall take effect at the end of the 180-day period beginning on the date of the enactment of this Act. CLERICAL AMENDMENTS

SEC. 1217. The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended— (1) by inserting after the item relating to section 2303 the following new item: "2303a. Publication of proposed regulations."; and

(2) by adding at the end thereof the following new items: "2317. Encouragement of competition and cost savings. "2318. Advocates for competition. "2319. Encouragement of new competition. "2320. Rights in technical data. "2321. Validation of proprietary data restrictions. "2322. Limitation on small business set-asides. "2323. eommercial pricing for supplies.". PART C—AMENDMENTS TO CHAPTER 141 OF TITLE 10, UNITED STATES CODE IDENTIFICATION OF SOURCES OF SUPPLIES

SEC. 1231. (a) Section 2384 of title 10, United States Code, is amended to read as follows:

Ante, p. 2593.

Effective dates. lo use 2318 ^S use 2319 note. lo use 2322 ^°^lo use 2323 note,

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Page:United States Statutes at Large Volume 98 Part 3.djvu/228

 98 STAT. 2600 Contracts

Regulations.

Effective date. 10 USC 2384 note.

PUBLIC LAW 98-525—OCT. 19, 1984

"§ 2384. Supplies: identincation of supplier and sources "(a) The Secretary of Defense shall require that the contractor under a contract with the Department of Defense for the furnishing of supplies to the United States shall mark or otherwise identify supplies furnished under the contract with the identity of the contractor, the national stock number for the supplies furnished (if there is such a number), and the contractor's identification number for the supplies. "(b) The Secretary of Defense shall prescribe regulations requiring that, whenever practicable, each contract requiring the delivery of supplies shall require that the contractor identify— "(1) the actual manufacturer or producer of the item or of all sources of supply of the contractor for that item; "(2) the national stock number of the item (if there is such a number) and the identification number of the actual manufacturer or producer of the item or of each source of supply of the contractor for the item; and "(3) the source of any technical data delivered under the contract. "(c) Identification of supplies and technical data under this section shall be made in the manner and with respect to the supplies prescribed by the Secretary of Defense.". (b) The amendment made by subsection (a) shall take effect at the end of the one-year period beginning on the date of the enactment of this Act. REVISION OF LONG-TERM LEASE OR CHARTER AUTHORITY

97 Stat. 679.

97 Stat. 614.

26 USC 1 et seq.

10 USC 2401 note.

SEC. 1232. (a)(1) Subsection (c) of section 2401 of title 10, United States Code, is amended— (A) by inserting "(1)" after "(c)"; (B) by redesignating clauses (1) and (2) as clauses (A) and (B), respectively; and (C) by adding at the end thereof the following new paragraph: "(2) Funds appropriated to the Department of Defense pursuant to an authorization contained in the Department of Defense Authorization Act, 1984 (Public Law 98-94), or in any other law enacted after September 24, 1983, may not be used to indemnify any person under the terms of a contract entered into under this section— "(A) for any amount paid or due by any person to the United States for any liability arising under the Internal Revenue Code of 1954; or "(B) to pay any attorneys' fees in connection with such contract.". (2) Subsection (f) of such section is amended by striking out the second sentence. The guidelines required to be issued under that subsection shall be issued not later than October 31, 1984. (b) Section 1202(c)(1) of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 681), is amended by striking out "fiscal year 1985," and inserting in lieu thereof "each of fiscal years 1985, 1986, and 1987,". ECONOMIC ORDER QUANTITIES

SEC. 1233. (a) Chapter 141 of title 10, United States Code, is amended by inserting after section 2384 the following new section:

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Page:United States Statutes at Large Volume 98 Part 3.djvu/229

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2601

"§ 2384a. Supplies: economic order quantities "(a)(1) An agency referred to in section 2303(a) of this title shall procure supplies in such quantity as (A) will result in the total cost and unit cost most advantageous to the United States, where practicable, and (B) does not exceed the quantity reasonably expected to be required by the agency. "(2) The Secretary of Defense shall take paragraph (1) into account in approving rates of obligation of appropriations under section 2204 of this title. "(b) Each solicitation for a contract for supplies shall, if practicable, include a provision inviting each offeror responding to the solicitation to state an opinion on whether the quantity of the supplies proposed to be procured is economically advant^eous to the United States and, if applicable, to recommend a quantity or quantities which would be more economically advantageous to the United States. Each such recommendation shall include a quotation of the total price and the unit price for supplies procured in each recommended quantity.". (b) The amendment made by subsection (a) shall take effect at the end of the 180-day period beginning on the date of the enactment of this Act.

lo use 2384a.

Effective date. lo use 2384a "°*«-

ADDITIONAL MISCELLANEOUS PROCUREMENT PROVISIONS

SEC. 1234. (a) Chapter 141 of title 10, United States Code, as amended by section 1005, is amended by adding at the end thereof the following new sections: "§2402. Prohibition of contractors limiting subcontractor sales lo use 2402. directly to the United States "(a) Each contract for the purchase of supplies or services made by the Department of Defense shall provide that the contractor will not— "(1) enter into any agreement with a subcontractor under the contract that has the effect of unreasonably restricting sales by the subcontractor directly to the United States of any item or process (including computer software) made or furnished by the subcontractor under the contract (or any follow-on production contract); or "(2) otherwise act to restrict unreasonably the ability of a subcontractor to make sales to the United States described in clause (1). "Oi)) This section does not prohibit a contractor from asserting rights it otherwise has under law. "§ 2403. Major weapon systems: contractor guarantees lo use 2403. "(a) In this section: "(1) 'Weapon system' means items that can be used directly by the armed forces to carry out combat missions and that cost more than $100,000 or for which the eventual total procurement cost is more than $10,000,000. Such term does not include commercial items sold in substantial quantities to the general public. "(2) 'Prime contractor' means a party that enters into an agreement directly with the United States to furnish part or all of a weapon system.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/230

 98 STAT. 2602

Ante, p. 2589.

Prohibition.

Waiver.

PUBLIC LAW 98-525—OCT. 19, 1984

"(3) 'Design and manufacturing requirements' means structural and engineering plans and manufacturing particulars, including precise measurements, tolerances, materials, and finished product tests for the weapon system being produced. "(4) 'Essential performance requirements', with respect to a weapon system, means the operating capabilities or maintenance and reliability characteristics of the system that are determined by the Secretary of Defense to be necessary for the system to fulfill the military requirement for which the system is designed. "(5) 'Component' means any constituent element of a weapon system. "(6) 'Mature full-scale production' means the manufacture of all units of a weapon system after the manufacture of the first one-tenth of the eventual total production or the initial production quantity of such system, whichever is less. "(7) 'Initial production quantity' means the number of units of a weapon system contracted for in the first year of full-scale production. "(8) 'Head of an agency' has the meaning given that term in section 2302 of this title. "(b) Except as otherwise provided in this section, the head of an agency may not after January 1, 1985, enter into a contract for the production of a weapon system unless each prime contractor for the system provides the United States with written guarantees that— "(1) the item provided under the contract will conform to the design and manufacturing requirements specifically delineated in the production contract (or in any amendment to that contract); "(2) the item provided under the contract, at the time it is delivered to the United States, will be free from all defects in materials and workmanship; "(3) the item provided under the contract will conform to the essential performance requirements of the item as specifically delineated in the production contract (or in any amendment to that contract); and "(4) if the item provided under the contract fails to meet the guarantee specified in clause (1), (2), or (3), the contractor will at the election of the Secretary of Defense or as otherwise provided in the contract— "(A) promptly take such corrective action as may be necessary to correct the failure at no additional cost to the United States; or "(B) pay costs reasonably incurred by the United States in taking such corrective action. "(c) The head of the agency concerned may not require guarantees under subsection (b) from a prime contractor for a weapon system, or for a component of a weapon system, that is furnished by the United States to the contractor. "(d) Subject to subsection (e)(1), the Secretary of Defense may waive part or all of subsection (b) in the case of a weapon system, or component of a weapon system, if the Secretary determines— "(1) that the waiver is necessary in the interest of national defense; or "(2) that a guarantee under that subsection would not be costeffective.

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 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2603

The Secretary may not delegate authority under this subsection to any person who holds a position below the level of Assistant Secretary of Defense or Assistant Secretary of a military department. "(e)(1) Before making a waiver under subsection (d) with respect to a weapon system that is a major defense acquisition program for the purpose of section 139a of this title, the Secretary of Defense shall notify the Committees on Armed Services and on Appropriations of the Senate and House of Representatives in writing of his intention to waive any or all of the requirements of subsection (b) with respect to that system and shall include in the notice an explanation of the reasons for the waiver. "(2) Not later than February 1 of each year, the Secretary of Defense shall submit to the committees specified in paragraph (1) a report identifying each waiver made under subsection (d) during the preceding calendar year for a weapon system that is not a major defense acquisition program for the purpose of section 139a of this title and shall include in the report an explanation of the reasons for the waivers. "(f) The requirement for a guarantee under subsection (b)(3) applies only in the case of a contract for a weapon system that is in mature full-scale production. However, nothing in this section prohibits the head of the agency concerned from negotiating a guarantee similar to the guarantee described in that subsection for a weapon system not yet in mature full-scale production. When a contract for a weapon system not yet in mature full-scale production is not to include the full guarantee described in subsection (b)(3), the Secretary shall comply with the notice requirements of subsection (e). "(g) Nothing in this section prohibits the head of the agency concerned from— "(1) negotiating the specific details of a guarantee, including reasonable exclusions, limitations and time duration, so long as the negotiated guarantee is consistent with the general requirements of this section; "(2) requiring that components of a weapon system furnished by the United States to a contractor be properly installed so as not to invalidate any warranty or guarantee provided by the manufacturer of such component to the United States; "(3) reducing the price of any contract for a weapon system or other defense equipment to take account of any payment due from a contractor pursuant to subclause (B) of subsection (b)(4); "(4) in the case of a dual source procurement, exempting from the requirements of subsection (b)(3) an amount of production by the second source contractor equivalent to the first one-tenth of the eventual total production by the second source contractor; and "(5) using written guarantees to a greater extent than required by this section, including guarantees that exceed those in clauses (1), (2), and (3) of subsection (b) and guarantees that provide more comprehensive remedies than the remedies specified under clause (4) of that subsection. "(h)(1) The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this section. "(2) This section does not apply to the Coast Guard or to the National Aeronautics and Space Administration.

Prohibition.

lo USC I39a.

Report.

Regulations.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/232

 98 STAT. 2604

PUBLIC LAW 98-525—OCT. 19, 1984

10 USC 2404.

"§2404. Acquisition of petroleum: authority to waive contract procedures "(a) The Secretary of Defense may, for any purchase of petroleum, waive the appHcation of any provision of law prescribing procedures to be followed in the formation of contracts, prescribing terms and conditions to be included in contracts, or regulating the performance of contracts if the Secretary determines— "(1) that petroleum market conditions have adversely affected (or will in the near future adversely affect) the acquisition of petroleum by the Department of Defense; and "(2) the waiver will expedite or facilitate the acquisition of petroleum for Government needs. "(b) A waiver under subsection (a) may be made with respect to a particular contract or with respect to classes of contracts. Such a waiver that is applicable to a contract for the purchase of petroleum may also be made applicable to a subcontract under that contract. "(c) The Secretary of Defense may acquire petroleum by exchange of petroleum or petroleum derivatives. "(d) The Secretary of Defense shall notify the Congress within 10 days of the date on which any waiver is made under this section and of the reasons for the necessity of exercising such waiver. "(e) In this section, 'petroleum' means natural or synthetic crude, blends of natural or synthetic crude, and products refined or derived from natural or synthetic crude or from such blends.

10 USC 2405.

"§ 2405. Limitation on adjustment of shipbuilding contracts "(a) The Secretary of a military department may not adjust any price under a shipbuilding contract entered into after December 7, 1983, for an amount set forth in a claim, request for equitable adjustment, or demand for payment under the contract (or incurred due to the preparation, submission, or adjudication of any such claim, request, or demand) arising out of events occurring more than 18 months before the submission of the claim, request, or demand. "(b) For the purposes of subsection (a), a claim, request, or demand shall be considered to have been submitted only when the contractor has provided the certification required by section 6(c)(1) of the Contract Disputes Act of 1978 (41 U.S.C. 605(c)(1)) and the supporting data for the claim, request, or demand.". (b)(l) Effective on January 1, 1985, section 794 of the Department of Defense Appropriation Act, 1984 (Public Law 98-212; 97 Stat. 1454), is repealed. (2) Effective on the date of the enactment of this Act, section 787 of the Department of Defense Appropriation Act, 1984 (Public Law 98-212; 97 Stat. 1453), is repealed. (c) Section 2402 of title 10, United States Code (as added by subsection (a)), shall take effect at the end of the 180-day period beginning on the date of the enactment of this Act.

Effective dates. Repeals. 10 USC 2304 10 USC 2304 note. 10 USC 2402 note.

CLERICAL AMENDMENTS

SEC. 1235. The table of sections at the beginning of chapter 141 of title 10, United States Code, is amended— (1) by striking out the item relating to section 2384 and inserting in lieu thereof the following: "2384. Supplies: identification of supplier and sources. "2384a. Supplies: economic order quantities."; and

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(2) by adding at the end thereof the following new item: "2402. Prohibition of contractors limiting subcontractor sales directly to the United States. "2403. Major weapon systems: contractor guarantees. "2404. Acquisition of petroleum: authority to waive contract procedures. "2405. Limitation on adjustment of shipbuilding contracts.". PART D—OTHER PROCUREMENT PROVISIONS COOPERATIVE AGREEMENTS FOR PROCUREMENT TECHNICAL ASSISTANCE

SEC. 1241. (a)(1) Title 10, United States Code, is amended by inserting after chapter 141 the following new chapter:

"CHAPTER 142—PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM "Sec. "2411. Definitions. "2412. Purposes. "2413. Cooperative agreements. "2414. Limitation. "2415. Distribution. "2416. Regulations.

"§ 2411. Definitions "In this chapter: "(1) 'Eligible entity' means a State (as defined in section 6302(5) of title 31), a local government (as defined in section 6302(2) of that title), or a private, nonprofit organization that enters into a cooperative agreement with the Secretary under this chapter to furnish procurement technical assistance to business entities and to defray at least one-half of the costs of furnishing such assistance. "(2) 'Secretary' means the Secretary of Defense acting through the Director of the Defense Logistics Agency.

10 USC 2411.

"§ 2412. Purposes "The purposes of the program authorized by this chapter are— "(1) to increase Department of Defense assistance for eligiWe entities furnishing procurement technical assistance to business entities; and "(2) to assist eligible entities in the payment of the costs of establishing and carrying out new procurement technical assistance programs and maintaining existing procurement technical assistance programs.

10 USC 2412.

"§ 2413. Cooperative agreements "(a) The Secretary may, in accordance with the provisions of this chapter, enter into cooperative agreements with eligible entities to carry out the purposes of this chapter. "(b) In entering into cooperative agreements under subsection (a), the Secretary shall assure that at least one procurement technical assistance program is carried out in each Department of Defense contract administration services region during each fiscal year.

10 USC 2413.

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10 USC 2414.

"§ 2414. Limitation "The value of the assistance furnished by the Department of Defense to any eligible entity to carry out a procurement technical assistance program pursuant to a cooperative agreement under this chapter during any fiscal year may not exceed $150,000.

10 USC 2415.

"§ 2415. Distribution "(a)(1) During a fiscal year specified in paragraph (2), the Secretary shall reserve the applicable percentage prescribed in paragraph (2), out of funds appropriated to carry out this chapter in such fiscal year, for the purpose of furnishing assistance pursuant to cooperative agreements entered into under section 2413 of this title with eligible entities which have carried out a procurement technical assistance program before such fiscal year. The Secretary may use the remainder of such funds during such fiscal year for the purpose of furnishing assistance pursuant to cooperative agreements entered into under such section with eligible entities which have not carried out a procurement technical assistance program before such fiscal year. "(2) For the purposes of paragraph (1), the applicable percentage during fiscal year 1985 is 50 percent and during fiscal year 1986 is 75 percent. "(b) During any fiscal year after fiscal year 1986, the Secretary shall allocate assistance under this chapter in accordance with such cooperative agreements as the Secretary enters into pursuant to section 2413 of this title.

Ante, p. 2605.

10 USC 2416.

"§ 2416. Regulations "The Secretary of Defense shall prescribe regulations to carry out this chapter.". (2) The table of chapters at the beginning of subtitle A of such title and at the beginning of part IV of such subtitle are each amended by inserting after the item relating to chapter 141 the following new item: "142. Procurement Technical Assistance Cooperative Agreement Program

Appropriation authorizations, Ante, p. 2605.

2411".

(b)(1) There are authorized to be appropriated $2,000,000 for fiscal year 1985 to be available for the purpose of furnishing assistance to carry out procurement technical assistance programs pursuant to cooperative agreements under chapter 142 of title 10, United States Code (as added by subsection (a)). (2) There are authorized to be appropriated for fiscal year 1985 such additional sums as are necessary to defray the expenses of administering the provisions of such chapter during such fiscal year, including the expenses related to the employment of any additional personnel necessary to administer such provisions. REVISION OF REQUIREMENTS FOR SELECTED ACQUISITION REPORTS AND UNIT COST REPORTS

SEC. 1242. (a) Section 139a of title 10, United States Code, is amended— (1) in subsection (a)(3)— (A) by striking out "procurement funds appropriated" and inserting in lieu thereof "funds programed to be available for obligation for procurement"; and

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(B) by striking out "of funds appropriated" and inserting in lieu thereof "of funds programed to be available for obligation"; (2) by inserting "and that is in excess of $2,000,000" after "dollar amount" in subsection (a)(4); (3) in subsection (b)(2), by striking out "there has been no" and all that follows and inserting in lieu thereof "during the period since that report there has been— "(A) less than a 5 percent change in total program cost; and "(B) less than a three-month delay in any program schedule milestone shown in the Selected Acquisition Report."; (4) in subsection (f)— (A) by striking out "30" the first place it appears and inserting in lieu thereof "60"; (B) by striking out "30" the second place it appears and inserting in lieu thereof "45"; and (C) by striking out the second sentence and inserting in lieu thereof the following: "A preliminary report shall be submitted for each annual Selected Acquisition Report within 30 days of the date on which the President submits the Budget to Congress."; and (5) by adding at the end thereof the following new subsection: "(g) The requirements of this section with respect to a major defense acquisition program shall cease to apply after 90 percent of the items to be delivered to the United States under the program (shown as the total quantity of items to be purchased under the program in the most recent Selected Acquisition Report) have been delivered or 90 percent of planned expenditures under the program have been made.". 03)(1) Subsection (a) of section 139b of title 10, United States Code, is amended by adding at the end thereof the following new paragraph: "(4) 'Baseline Report', with respect to a unit cost report that is submitted under this section to the Secretary concerned on a major defense acquisition program, means— "(A) the most recent unit cost report submitted under subsection (e)(2)(B)(ii) with respect to the program, if that report was submitted for the second, third, or fourth quarter of the preceding fiscal year; "(B) if no report was submitted under subsection (e)(2)(B)(ii) with respect to the program during that threequarter period, the most recent unit cost report submitted under subsection (e)(1) with respect to the program, if that report was submitted during that three-quarter period; and "(C) if no report was submitted with respect to the program under subsection (e)(1) or (e)(2)(B)(ii) during that three-quarter period, the baseline Selected Acquisition Report.". (2) Subsection (b) of such section is amended— (A) by striking out "not more than 7 days"; (B) by inserting after the first sentence the following new sentence: "Each report for the first quarter of a fiscal year shall be submitted not more than 7 days after the date on which the President transmits the Budget to Congress for the following fiscal year, and each report for other quarters shall be submitted not more than 7 days after the end of that quarter."; and

Report.

Expiration date.

Reports.

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(C) by striking out "baseline Selected Acquisition Report" in paragraph (3) and inserting in lieu thereof "Baseline Report". (3) Clauses (A) and (B) of subsection (c)(1) of such section are amended by striking out "baseline Selected Acquisition Report" and inserting in lieu thereof "Baseline Report". (4)(A) Paragraphs (1) and (2) of subsection (d) of such section are amended by striking out "baseline Selected Acquisition Report" and inserting in lieu thereof "Baseline Report". (B) Paragraph (3)(B) of such subsection is amended— (i) by striking out "additional funds may not be obligated in connection with such program" and inserting in lieu thereof "funds appropriated for military construction, for research, development, test, and evaluation, and for procurement may not be obligated for a major contract under the program"; and (ii) by striking out "but less than 25 percent" in subclause (i). (5) Subsection (e) of such section is amended— (A) in paragraph (1)— (i) by striking out "subsection (d)(3)(B)" and inserting in lieu thereof "subsection (d)(3)(B)(i)"; and (ii) by inserting "more than" before "15 percent"; (B) in paragraph (2)— (i) by striking out "subsection (d)(3)(B)" and inserting in lieu thereof "subsection (d)(3)(B)(ii)"; (ii) by inserting "more than" before "25 percent"; (iii) by inserting in clause (A) "and the Secretary concerned submits to Congress, before the end of the 30-day period referred to in subsection (d)(3)(B)(i), a report containing the information described in subsection (g)" after "acquisition program"; and (iv) by striking out "such subsection" in clause (B) and inserting in lieu thereof "subsection (d)(3)(B)(ii)"; and (C) by striking out "in the case o f in paragraph (3) and all that follows and inserting in lieu thereof "at the end of a period of 30 days of continuous session of Congress (as determined under section 7307(b)(2) of this title) beginning on the date— "(A) on which Congress receives the report of the Secretary concerned under paragraph (1) or (2)(B)(ii) with respect to that program, in the case of a determination of a more than 15 percent increase (as determined in subsection (d)); or "(B) on which Congress has received both the report of the Secretary concerned under paragraph (1) or (2)(B)(ii) and the certification of the Secretary of Defense under paragraph (2)(B)(i) with respect to that program, in the case of a more than 25 percent increase (as determined under subsection (d)).". (6) Subsection (g)(1) of such section is amended— (A) by striking out clause (I) and inserting in lieu thereof the following: "(I) The type of the Baseline Report (under subsection (a)(4)) and the date of the Baseline Report."; and (B) in clause (K), by inserting "and the procurement unit cost for the succeeding fiscal year expressed in constant base-year dollars and in current year dollars" after "current dollars".

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DURATION OF ASSIGNMENT OF PROGRAM MANAGERS FOR MAJOR PROGRAMS

SEC. 1243. (a) The tour of duty of an officer of the Armed Forces assigned after the date of the enactment of this Act as a program manager of a major defense acquisition program (as defined in section 139a(a) of title 10, United States Code) shall be (1) not less than four years, or (2) until completion of a major program milestone (as defined in regulations prescribed by the Secretary of Defense). (b) The Secretary of the military department concerned may waive the length of the tour of duty prescribed in subsection (a). Such authority may not be delegated.

10 USC 139a note.

Waiver. Prohibition.

AUTHORITY TO WAIVE COMPLIANCE WITH CERTAIN REQUIREMENTS PROVIDED FOR IN REGULATIONS RELATING TO PRICES OF SPARE PARTS AND REPLACEMENT EQUIPMENT

SEC. 1244. Section 1215(b) of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 10 U.S.C. 2452 note), is amended— (1) by inserting "(1)" after "(b)"; and (2) by adding at the end thereof the following new paragraph: "(2) The Secretary may provide in such regulations for the waiver of the prohibition in subsection (a)(1) and compliance with the requirements of subsection (a)(2) in the case of a purchase of any spare part or replacement equipment made or to be made through competitive procedures.". R E G U L A T I O N S FOR ALLOCATING OVERHEAD TO PARTS TO WHICH THE PRIME CONTRACTOR HAS ADDED LITTLE VALUE

SEC. 1245. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe by regulation the manner in which the Department of Defense negotiates prices for supplies to be obtained through the use of procedures other than competitive procedures, as defined in section 4(6) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(6)). Such revision shall specify the incurred overhead a contractor may appropriately allocate to such supplies and shall require the contractor to identify those supplies which it did not manufacture or to which it did not contribute significant value. Nothing in this section requires the submission of cost or pricing data not otherwise required by law. PART E—TEMPORARY PROVISIONS, REPORTS, AND EFFECTIVE DATES REPORT ON I M P L E M E N T A T I O N OF CERTAIN RECOMMENDATIONS OF THE GRACE COMMISSION

SEC. 1251. Not later than March 31, 1985, the Secretary of Defense shall submit to Congress a report assessing the recommendations of the President's Private Sector Survey on Cost Control (commonly referred to as the "Grace Commission") concerning— (1) the system of making progress payments to defense contractors to offset high interest rates and inflation; and (2) modernization of automated data processing systems in order to achieve more effective control of Department of Defense supply inventories.

Ante, p. 1195.

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PUBLIC LAW 98-525—OCT. 19, 1984 PLANS FOR MANAGEMENT OF TECHNICAL DATA AND COMPUTER CAPABILITY IMPROVEMENTS

10 USC 139 note.

Report.

SEC. 1252. (a)(1) Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall develop a plan for an improved system for the management of technical data relating to any major system of the Department of Defense. At a minimum, the management plan shall address procedures for— (A) indexing, storing, and updating items of technical data in a system; (B) developing, to the maximum extent practicable, a centralized system to identify the repository within the department responsible for technical data relating to an item and the extent of the data on file in that repository with respect to that item; and (C) assuring that those parties otherwise entitled to receive technical data will have timely access to complete and current technical data. (2) Not later than 5 years after the date of the enactment of this Act, the Secretary shall complete implementation of the management plan required to be developed by paragraph (1). (3) Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall transmit to Congress a report evaluating the plan developed by the Secretary of Defense under paragraph (1). (b) Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall transmit to the Committees on Armed Services of the Senate and House of Representatives a plan to improve substantially the computer capability of each of the military departments and of the Etefense Logistics Agency to store and access rapidly data that is needed for the efficient procurement of supplies. The plan shall provide for a computer data base that includes price and procurement history, item identification, sources of supply, and other relevant information. The plan shall specify a schedule for the implementation of the improvements, the projected cost of implementation of the improvements, and such other recommendations as the Secretary of Defense considers appropriate to accomplish the improvements. REPORT ON USE OF INDEPENDENT COST ESTIMATES FOR MAJOR DEFENSE ACQUISITION PROGRAMS

97 Stat. 683. 10 USC 139c ^°^-

SEC. 1253. Not later than May 1, 1985, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the continued use of independent cost estimates in the planning, programing, budgeting, and selection process for major defense acquisition programs in the Department of Defense. Such report shall be a follow-on to the report required by section 1203(c) of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 10 U.S.C. 1039 note), and shall include an overall assessment of the extent to which such estimates were adopted by the Department of Defense in making decisions on the fiscal year 1986 budget and a general explanation of why such estimates might have been modified or rejected. The Secretary shall also include in the report a statement as to whether adequate personnel and financial resources have been allocated at all levels of the Department of Defense to those organizations or

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offices charged with developing or assessing independent estimates of the costs of major defense acquisition programs. ONE-YEAR EXTENSION OF TEST PROGRAM TO AUTHORIZE PRICE DIFFERENTIALS TO REUEVE ECONOMIC DISLOCATIONS

SEC. 1254. (a) Effective on October 1, 1984, section 1109 of the Effective dates. Department of Defense Authorization Act, 1983 (10 U.S.C. 2392 9'^ Stat. 683. note), is amended— (1) by striking out "fiscal years 1983 and 1984" each place it appears and inserting in lieu thereof "fiscal years 1983, 1984, and 1985"; and (2) by striking out "and April 15, 1984," in the first sentence of subsection (b) and inserting in lieu thereof ", April 15, 1984, and April 15, 1985". (b) Effective as of October 1, 1982, such section is amended by striking out "section 2892" and inserting in lieu thereof "section 2392". TITLE XIII—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT MATTERS JOINT CHIEFS OF STAFF REORGANIZATION

SEC. 1301. (a)(1) Subsection (a) of section 124 of title 10, United States Code, is amended by striking out "shall" in clause (2). (2) Subsection (c) of such section is amended— (A) by inserting "(1)" after "(c)"; and (B) by adding at the end thereof the following new paragraph: "(2) Subject to the authority, direction, and control of the Secretary, the Chairman acts as the spokesman for the commanders of the combatant commands on operational requirements.". (b) Section 142(b)(2) of such title is amended— lo use 142. (1) by striking out "and assist" and inserting in lieu thereof "(including any subject for the agenda recommended by the Joint Chiefs of Staff), assist"; and (2) by striking out "practicable" and inserting in lieu thereof "practicable, and determine when issues under consideration shall be decided". (cKl) Subsection (a) of section 143 of title 10, United States Code, is amended to read as follows: "(a)(1) There is under the Joint Chiefs of Staff a Joint Staff consisting of not more than 400 officers selected by the Chairman of the Joint Chiefs of Staff. The Joint Staff shall be selected in approximately equal numbers from— "(A) the Army; "(B) the Navy and the Marine Corps; and "(C) the Air Force. "(2) Selection of officers of an armed force to serve on the Joint Staff shall be made by the Chairman from a list of officers submitted by that armed force. Each officer whose name is submitted shall be among those officers considered to be the most outstanding officers of that armed force. The Chairman may specify the number of officers to be included on any such list. "(3) The tenure of the members of the Joint Staff is subject to the approval of the Chairman of the Joint Chiefs of Staff.".

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Prohibition.

10 USC 646.

PUBLIC LAW 98-525—OCT. 19, 1984

(2) Subsection (b) of such section is amended by striking out the second and third sentences. (3) Such section is further amended by adding at the end thereof the following new subsection: "(e) An officer who is assigned or detailed to duty on the Joint Staff may not serve for a tour of duty of more than four years. An officer completing a tour of duty with the Joint Staff may not be assigned or detailed to duty on the Joint Staff within two years after relief from that duty except with the approval of the Secretary. This subsection does not apply in time of war declared by Congress or in time of national emergency declared by the President.". (d)(1) Chapter 36 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§ 646. Consideration of performance as a member of the Joint Staff "The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall ensure that officer personnel policies of the Army, Navy, Air Force, and Marine Corps concerning promotion, retention, and assignment give appropriate consideration to the performance of an officer as a member of the Joint Staff.". (2) The table of sections at the beginning of subchapter V of such chapter is amended by adding at the end thereof the following new item: "646. Consideration of performance as a member of the Joint Staff.". REDUCTION IN HEADQUARTERS STAFFS

SEC. 1302. (a) Not later than September 30, 1985, the Secretary of Defense shall reduce the total number of military and civilian personnel assigned to duty in the agencies of the Department of Defense and the military departments to perform management headquarters activities or management headquarters support activities by a number that is at lesist 2 percent below the total number of personnel requested by the President for fiscal year 1985 to perform such activities. (b) The number of military and civilian personnel assigned to the Office of the Secretary of Defense as of September 30, 1985, may not exceed 1,730. However, if the Secretary of Defense determines that such action is necessary in the national interest, the Secretary may increase the number specified in the limitation in the preceding sentence, but such number may not be increased by more than 2 percent. The Secretary shall promptly notify the Congress of any exercise of such authority. (c) Any reduction in military or civilian personnel assigned to perform management headquarters activities or management headquarters support activities in the National Security Agency/Central Security Service, the Defense Intelligence Agency, the Organization of the Joint Chiefs of Staff, or the Naval Intelligence Command may not be included for the purposes of complying with the requirements of subsection (a). (d) For purposes of this section, the terms "management headquarters activities" and "management headquarters support activities" have the same meanings as prescribed for such terms in Department of Defense Directive 5100.73 entitled "Department of Defense Management Headquarters and Headquarters Support", dated March 12, 1981.

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REPORT ON SIZE OF SERVICE SECRETARIATS

SEC. 1303. Not later than December 15, 1984, the Secretary of Defense shall submit a report to Congress on the reasons for the disparity in size among the Offices of the Secretaries of the military departments and particularly on the reasons for the size of the Office of the Secretary of the Navy compared to the size of the Office of the Secretary of the Army and of the Secretary of the Air Force. For the purposes of this section, the Office of a Secretary of a military department includes the Secretary, the Under Secretary, the Assistant Secretaries of the military department, their staffs, and other elements of the executive parts of the military department. IMPLEMENTATION OF CERTAIN PERSONNEL POUCIES

SEC. 1304. No funds appropriated to the Department of Defense may be used before July 1, 1985, to comply with the regulation of the Office of Personnel Management referred to as Basic Installment 311 of the Federal Personnel Manual (issued by the Office of Personnel Management on January 6, 1984), concerning personnel suitability, personnel security, personnel investigations, and suitability disqualification actions. EXPANSION OF AUTHORITY FOR COLLECTION OF DEBTS FROM MEMBERS OF THE ARMED FORCES

SEC. 1305. Section 1007(c) of title 37, United States Code, is amended by striking out "an enlisted member of the Army or the Air Force" and inserting in lieu thereof "a member of the armed forces". INCREASED COAST GUARD MEMBERSHIP ON THE RESERVE FORCES POLICY BOARD

SEC. 1306. Section 175(b) of title 10, United States Code, is amended by striking out "an officer of the Regular Coast Guard or the Coast Guard Reserve" and inserting in lieu thereof "two officers of the Coast Guard, regular or reserve,". LIMITATION ON USE OF FUNDS FOR CONDUCTING POLYGRAPH EXAMINATIONS; REPORT

SEC. 1307. (a) None of the funds appropriated pursuant to an authorization of appropriations contained in this or any other Act may be used for the purpose of implementing any revision of Department of Defense Directive 5210.48, dated October 6, 1975, relating to polygraph examinations and examiners except for the conduct of a test program involving not more than 3,500 persons. (b) Not later than December 31, 1985, the Secretary of Defense shall transmit to the Committees on Armed Services of the Senate and the House of Representatives a report on the use of polygraph examinations administered by or for the Department of Defense during the fiscal year 1985. The report shall include the number of polygraph examinations conducted, a description of the purposes and results of such examinations, and an explanation of the uses made of the results of the examinations, as well as detailed reports

Prohibition.

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Expiration date.

PUBLIC LAW 98-525—OCT. 19, 1984

on those cases in which more than two examinations were needed to attempt to resolve discrepancies, (c) This section does not apply— (1) in the case of any individual assigned to, or detailed to, the Central Intelligence Agency or to any expert or consultant under a contract with the Central Intelligence Agency; (2) in the case of any individual employed by, assigned to, or detailed to, the National Security Agency, any expert or consultant under a contract with the National Security Agency, or any employee of a contractor of the National Security Agency; or (3) in the case of any individual applying for a position in the National Security Agency. (d) The provisions of subsection (a) shall expire on September 30, 1985. TITLE XIV—CODIFICATION OF CERTAIN RECURRING AND PERMANENT PROVISIONS OF LAW AMENDMENTS TO TITLE 10, UNITED STATES CODE

SEC. 1401. (a)(1) Chapter 31 of title 10, United States Code, is amended by adding at the end thereof the following new section: 10 USC 520b.

"§ 520b. Applicants for enlistment: authority to use funds for the issue of authorized articles "Funds appropriated to the Department of Defense may be used for the issue of authorized articles to applicants for enlistments.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "520b. Applicants for enlistments: authority to use funds for the issue of authorized articles.".

(b)(1) Chapter 48 of such title is amended by adding at the end thereof the following new section: 10 USC 956.

"§ 956. Deserters, prisoners, members absent without leave: expenses and rewards "Funds appropriated to the Department of Defense may be used for the following purposes: "(1) Expenses for the apprehension and delivery of deserters, prisoners, and members absent without leave, including the payment of rewards, in an amount not to exceed $75, for the apprehension of any such person. "(2) Expenses of prisoners confined in nonmilitary facilities. "(3) Payment of a gratuity of not to exceed $25 to each prisoner upon release from confinement in a military or contract prison facility. "(4) The issue of authorized articles to prisoners and other persons in military custody. "(5) Under such regulations as the Secretary concerned may prescribe, expenses incident to the maintenance, pay, and allowances of prisoners of war, other persons in the custody of the Army, Navy, or Air Force whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in the custody of the Army, Navy, or Air Force pursuant to Presidential proclamation.".

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(2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "956. Deserters, prisoners, members absent without leave: expenses and rewards.".

(c)(1) Chapter 49 of such title is amended by adding at the end thereof the following new sections: "§ 979. Prohibition on loan and grant assistance to persons con- lo use 979. victed of certain crimes "Funds appropriated to the Department of Defense may not be used to provide a loan, a guarantee of a loan, or a grant to any person who has been convicted by a court of general jurisdiction of any crime which involves the use of (or assisting others in the use of) force, trespass, or the seizure of property under the control of an institution of higher education to prevent officials or students of the institution from engaging in their duties or pursuing their studies. "§980. Limitation on use of humans as experimental subjects lo use 980. "Funds appropriated to the Department of Defense may not be used for research involving a human being as an experimental subject unless— "(1) the informed consent of the subject is obtained in advance; or "(2) in the case of research intended to be beneficial to the subject, the informed consent of the subject or a legal representative of the subject is obtained in advance. "§ 981. Limitation on number of enlisted aides lo use 981. "(a) Subject to subsection (b), the total number of enlisted members that may be assigned or otherwise detailed to duty as enlisted aides on the personal staffs of officers of the Army, Navy, Marine Corps, Air Force, and Coast Guard (when operating as a service of the Navy) during a fiscal year is the number equal to the sum of (1) four times the number of officers serving on active duty at the end of the preceding fiscal year in the grade of general or admiral, and (2) two times the number of officers serving on active duty at the end of the preceding fiscal year in the grade of lieutenant general or vice admiral. "(b) Not more than 300 enlisted members may be assigned to duty at any time as enlisted aides for officers of the Army, Navy, Air Force, and Marine Corps.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new items: "979. Prohibition on loan and grant assistance to persons convicted of certain crimes. "980. Limitation on use of humans as experimental subjects. "981. Limitation on number of enlisted aides.".

(d)(1) Chapter 53 of such title is amended by adding after section 1046 (as added by section 708) the following new sections: "The Secretary of the military department concerned may furnish civilian clothing, at a cost of not more than $40, to an enlisted member who is— "(1) discharged for misconduct or unsuitability or under conditions other than honorable; "(2) sentenced by a civil court to confinement in a prison;
 * § 1047. Allowance for civilian clothing

lo use 1047.

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"(3) interned or discharged as an alien enemy; or "(4) discharged before completion of recruit training under honorable conditions for dependency, hardship, minority, or disability or for the convenience of the Government. 10 USC 1048.

"§ 1048. Gratuity payment to persons discharged for fraudulent enlistment "The Secretary concerned may pay a gratuity of not to exceed $25 to a person discharged for fraudulent enlistment.

10 USC 1049.

"§ 1049. Subsistence: miscellaneous persons "The following persons may be provided subsistence at the expense of the United States: "(1) Enlisted members while sick in hospitals. "(2) Applicants for enlistment and selective service registrants called for induction. "(3) Prisoners. "(4) Civilian employees, as authorized by law. "(5) Supernumeraries, when necessitated by emergent military circumstances.

10 USC 1050.

"§ 1050. Latin American cooperation: payment of personnel expenses "The Secretary of a military department may pay the travel, subsistence, and special compensation of officers and students of Latin American countries and other expenses that the Secretary considers necessary for Latin American cooperation.". (2) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1046 (as added by section 708) the following new items: "1047. "1048. "1049. "1050.

Repeal. 10 USC 7208. 10 USC 1074.

10 USC 1074b.

Allowance for civilian clothing. Gratuity payment to persons discharged for fraudulent enlistment. Subsistence: miscellaneous persons. Latin American cooperation: payment of personnel expenses.".

(3)(A) Section 7208 of such title is repealed. (B) The table of sections at the beginning of chapter 631 is amended by striking out the item relating to section 7208. (e)(1) Section 1074 of such title is amended by adding at the end thereof the following new subsection: "(c) Funds appropriated to a military department may be used to provide medical and dental care to persons entitled to such care by law or regulations, including the provision of such care (other than elective private treatment) in private facilities for members of the armed forces.". (2)(A) Chapter 55 of such title is amended by inserting after section 1074a the following new section: "§ 1074b. Medical care: authority to provide a wig "A person entitled to medical care under this chapter who has alopecia resulting from the treatment of a malignant disease may be furnished a wig if the person has not previously been furnished one at the expense of the United States.". (B) The table of sections at the beginning of such chapter is amended by inserting below the item relating to item 1074 the following new item: "1074b. Medical care: authority to provide a wig.".

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98 STAT. 2617

(3) Section 1077(b) of such title is amended by adding at the end 10 USC 1077. thereof the following new paragraph: "(3) The elective correction of minor dermatological blemishes and marks or minor anatomical anomalies.". (4)(A) Section 1079(a) of such title is amended— 97 Stat. 648. (i) by striking out "and" at the end of clause (5); (ii) by striking out the period at the end of clause (6) and inserting in lieu thereof a semicolon; and (iii) by adding after clause (6) the following new clauses: "(7) services in connection with nonemergency inpatient hospital care may not be provided if such services are available at a facility of the uniformed services located within a 40-mile radius of the residence of the patient, except that such services may be provided in any case in which another insurance plan or program pays for at least 75 percent of the services; "(8) services of pastoral counselors, family and child counselors, or marital counselors may not be provided unless the patient has been referred to the counselor by a medical doctor for treatment of a specific problem with the results of that treatment to be communicated back to the medical doctor who made the referral; "(9) special education may not be provided, except when provided as secondary to the active psychiatric treatment on an institutional inpatient basis; "(10) therapy or counseling for sexual dysfunctions or sexual inadequacies may not be provided; "(11) treatment of obesity may not be provided if obesity is the sole or major condition treated; "(12) surgery which improves physical appearance but is not expected to significantly restore functions (including mammary augmentation, face lifts, and sex gender changes) may not be provided, except that— "(A) breast reconstructive surgery following a mastectomy may be provided; "(B) reconstructive surgery to correct serious deformities caused by congenital anomalies or accidental injuries may be provided; and "(C) neoplastic surgery may be provided; "(13) any service or supply which is not medically or psychologically necessary to prevent, diagnose, or treat a mental or physical illness, injury, or bodily malfunction as assessed or diagnosed by a physician, dentist, clinical psychologist, optometrist, podiatrist, certified nurse-midwife, certified nurse practitioner, or certified clinical social worker, as appropriate, may not be provided, except as authorized in clause (4); and "(14) the prohibition contained in section 1077(b)(3) of this Supra. title shall not apply in the case of a member or former member of the uniformed services.". (B) Paragraph (2) of section 1079(h) of such title is amended by 10 USC 1079. striking out the second sentence and inserting in lieu thereof the following: "The Secretary of Defense shall adjust the base period as frequently as he considers appropriate.". (5)(A) Chapter 55 of such title is further amended by adding at the end thereof the following new section:

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 98 STAT. 2618 10 USC 1093.

PUBLIC LAW 98-525—OCT. 19, 1984

"§ 1093. Restriction on use of funds for abortions "Funds available to the Department of Defense may not be used to perform abortions except where the life of the mother would be endemgered if the fetus were carried to term.". (B) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "1093. Restriction on use of funds for abortions.".

(fKl) Chapter 81 of such title is amended by adding at the end thereof the following new section: 10 USC 1589.

5 USC 5703.

"§ 1589. Prohibition on payment of lodging expenses when adequate Government quarters are available "(a) Funds available to the Department of Defense (including funds in any working-capital fund) may not be used to pay the lodging expenses of a civilian employee of the Department of Defense while such employee is on official business away from his designated post of duty or, in the case of a person referred to in section 5703 of title 5, while such person is away from his home or regular place of duty, when adequate Government quarters are available but are not occupied by such employee or person. "(b) Subsection (a) does not apply during a fiscal year to an employee whose duties can be expected to require official travel during more than one-half of the number of the basic administrative work weeks during that fiscal year.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new items: "1589. Prohibition on payment of lodging expenses when adequate Government quarters are available.".

10 USC 2007.

10 USC 2008.

(g)(1) Chapter 101 of such title is amended by adding after section 2006 (as added by section 706(a)(l)) the following new sections: "§ 2007. Limitation on payment of tuition for off-duty training or education "(a) The Secretary of a military department may not pay more than 75 percent of the charges of an educational institution for the tuition or expenses of a member of the armed forces enrolled in such institution for education or training during his off-duty periods, except that— "(1) in the case of an enlisted member in the pay grade of E-5 or higher with less than 14 years' service, not more than 90 percent of the charges may be paid; "(2) in the case of a member enrolled in a high school completion program, all of the charges may be paid; and "(3) in the case of a commissioned officer, no part of the charges may be paid unless the officer agrees to remain on active duty for a period of at least two years after the completion of the training or education. "(b) The limitation in subsection (a) does not apply to the Program for Afloat College Education. "§ 2008. Authority to use funds for certain educational purposes "Funds appropriated to the Department of Defense may be used to carry out section 10 of the Act of September 23, 1950 (20 U.S.C. 640), relating to impact aid authorization.

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98 STAT. 2619

"§ 2009. Military colleges: female students lo use 2009. "(a) Under regulations prescribed by the Secretary of Defense, any college or university designated by the Secretary of Defense as a militery college shall, as a condition of maintaining such designation, provide that qualified female undergraduate students enrolled in such college or university be eligible to participate in military training at such college or university. "(b) Regulations prescribed under subsection (a) may not require a Prohibition. college or university, as a condition of maintaining its designation as a military college or for any other purpose, to require female undergraduate students enrolled in such college or university to participate in military training.". (2) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2006 (as added by section 706(a)(2)) the following new items: "2007. Limitation on payment of tuition for off-duty training or education. "2008. Authority to use funds for certain educational purposes. "2009. Military colleges: female students.".

(h) Section 2104(b) of such title is amended— lo use 2104. (1) by striking out "and" at the end of clause (5); (2) by striking out the period at the end of clause (6) and inserting in lieu thereof "; and"; and (3) by inserting after clause (6) the following new clause: "(7) execute a certificate of loyalty in such form as the Secretary of Defense prescribes or take a loyalty oath as prescribed by the Secretary.". (i)(1) Chapter 147 of such title is amended by adding at the end thereof the following new section: "§ 2484. Commissary stores: expenses lo use 2484. "(a) Except to the extent authorized in regulations prescribed by the Secretary of a military department and approved by the Secretary of Defense and except as provided in subsection (b), funds available to the Department of Defense may not be used to pay, in connection with the operation of any commissary store— "(1) the cost of purchases (including commercial transportation in the United States to the place of sale) and the cost of maintenance of operating equipment and supplies; "(2) the actual or estimated cost of utilities furnished by the United States; "(3) the actual or estimated cost of shrinkage, spoilage, and pilferage of merchandise under the control of the commissary store; or "(4) costs incurred in connection with obtaining the face value amount of manufacturer or vendor cents-off discount coupons by the commissary store (or other entity acting on behalf of the commissary store). "(b) Appropriated funds may be used to pay any costs described in subsection (a) but only to the extent that appropriation accounts used to pay such costs are reimbursed for the payment of such costs, including, in the case of any costs incurred in connection with discount coupons referred to in subsection (a)(4), all fees or moneys received for hgindling or processing such coupons. The sales prices in commissary stores shall be adjusted to the extent necessary to provide sufficient gross revenues from the sales of such stores to make such reimbursements. Such adjustments shall be made under

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 98 STAT. 2620

Transportation.

PUBLIC LAW 98-525—OCT. 19, 1984

regulations prescribed by the Secretary of the military department concerned and approved by the Secretary of Defense. "(c) Under regulations prescribed by the Secretary of Defense, utilities may be furnished without cost to a commissary store outside the United States or in Alaska or Hawaii. "(d) Transportation outside the United States may be furnished in connection with the operation of commissary stores outside the United States.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2484. Commissary stores: expenses.".

(j)(1) Chapter 157 of such title is amended by adding after section 2637 (as added by section 614) the following new sections: 10 USC 2638.

"§ 2638. Transportation of civilian clothing of enlisted members "The Secretary of the military department concerned may provide for the transportation of the civilian clothing of any person entering the armed forces as an enlisted member to the member's home of record.

10 USC 2639.

"§2639. Transportation to and from school for certain minor dependents "Funds appropriated to the Department of Defense may be used to provide minor dependents of members of the armed forces and of civilian officers and employees of the Department of Defense with transportation to and from primary and secondary schools if the schools attended by the dependents are not accessible by regular means of transportation.". (2) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2637 (as added by section 614) the following new items: "2638. Transportation of civilian clothing of enlisted members. "2639. Transportation to and from school for certain minor dependents.".

10 USC 7204.

10 USC 7204.

(3)(A) Section 7204(a) of such title is amended— (i) by striking out "may—" and inserting in lieu thereof "may"; (ii) by striking out "(1)"; (iii) by redesignating subclauses (A), (B), (C), and (D) as clauses (1), (2), (3), and (4), respectively; (iv) by striking out "; and" at the end of clause (1) and inserting in lieu thereof a period; and (v) by striking out clause (2). (B) The heading of section 7204 of such title is amended to read as follows: "§ 7204. Schools near naval activities: Hnancial aid". (B) The item relating to such section in the table of sections at the beginning of chapter 631 of such title is amended to read as follows: "7204. Schools near naval activities: financial aid.". AMENDMENTS TO TITLE 37, UNITED STATES CODE

SEC. 1402. (a) Section 206 of title 37, United States Code, is amended by adding at the end thereof the following new subsection:

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98 STAT. 2621

"(e) A member of the National Guard or of a reserve component of the uniformed services may not be paid under this section for more than four periods of equivalent training, instruction, duty, or appropriate duties performed during a fiscal year instead of the member's regular period of instruction or regular period of appropriate duty during that fiscal year.". (b)(1) Chapter 5 of such title is amended by inserting after section 306 the following new section: "§306a. Special pay: members assigned to international military headquarters "Not more than nine members of the armed forces, including members detailed to international military headquarters, may be paid pay and allowances at rates referred to in section 625(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(d)).". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 306 the following new item:

National Guard. Uniformed

37 USC 306a.

"306a. Special pay: members assigned to international military headquarters.".

(c) Section 404 of such title is amended by adding at the end 37 USC 404. thereof the following new subsection: "(g) In the case of an enlisted member who is in a travel status Prohibition. and not entitled to receive per diem in lieu of subsistence for any day (or portion of a day) because the member is furnished meals in a Government mess, the member may not be paid a basic allowance for subsistence for such day (or portion of such day) that the member is furnished meals in a Government mess.". REPEAL PROVISIONS

SEC. 1403. (a)(1) Section 706 of the Department of Defense Appropriation Act, 1984 (Public Law 98-212; 97 Stat. 1437), is repealed. (2) Section 735 of such Act (97 Stat. 1444) is amended by striking out "medical and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel, except elective private treatment);". (b) Section 809 of the Department of Defense Appropriation Authorization Act, 1979 (Public Law 95-485; 92 Stat. 1623), is repealed. (c) Section 820 of the Department of Defense Appropriation Authorization Act, 1976 (Public Law 94-106; 89 Stat. 544), is repealed.

10 USC 138 note. 10 USC 138 note.

10 USC 2102 note.

EFFECTIVE DATE

SEC. 1404. The amendments made by sections 1401, 1402, and 1403 10 USC 520b note. take effect on October 1, 1985. CLERICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE

SEC. 1405. Title 10, United States Code, is amended as follows: (1) Section 125(a) is amended by striking out "section 401 of title 50" and inserting in lieu thereof "section 2 of the National Security Act of 1947 (50 U.S.C. 401)". (2) Section 138(g) is amended by inserting "(22 U.S.C. 2795 et seq.)" after "chapter 5 of the Arms Export Control Act". (3) Section 139 is amended— (A) by striking out "thirty" both places it appears and inserting in lieu thereof "30"; and

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 98 STAT. 2622

10 USC 175.

PUBLIC LAW 98-525—OCT. 19, 1984 (B) by striking out "ninety" and inserting in lieu thereof "90". (4) Section 175(c) is amended by inserting a comma after "Reserve Affairs" (5) Section 177(a)(l) is amended by striking out "sec. 29-1001" and inserting in lieu thereof "sec. 29-501". (6) Section 191(a) is amended by striking out "such use in" and inserting in lieu thereof "such use is". (7)(A) Section 264 is amended by striking out "Reserve components" in subsection (b) and inserting in lieu thereof "reserve components". (B) The heading of such section is amended to read as follows:

"§ 264. Reserve affairs: designation of general or flag officer of each armed force; personnel and logistic support for Reserves". (C) The item relating to such section in the table of sections at the beginning of chapter 11 is amended to read as follows: "264. Reserve affairs: designation of general or flag officer of each armed force; personnel and logistic support for Reserves.".

97 Stat. 670.

(8) Section 280 is amended by striking out "5597,". (9) Section 374(a)(3) is amended by striking out "(19 U.S.C. 1202)". (10) Section 378 is amended by striking out "prior to the enactment of this chapter" and inserting in lieu thereof "before December 1, 1981". (11) Section 630(2) is amended by striking out "eighteenmonth" and inserting in lieu thereof "18-month". (12) Section 633 is amended by striking out "twenty-eight" and inserting in lieu thereof "28". (13) Sections 634 and 635 are amended by striking out "thirty" and inserting in lieu thereof "30". (14) Section 636 is amended by striking out "thirty-five" and inserting in lieu thereof "35". (15) Section 637(a) is amended— (A) by striking out "twenty" in paragraph (2) and inserting in lieu thereof "20"; and (B) by striking out "twenty-four" in paragraph (3) and inserting in lieu thereof "24". (16) Section 673c(b)(l) is amended by inserting "of this title" after "or 673b". (17) Section 680(a)(2)(D) is amended by striking out "Reserve Officer" and inserting in lieu thereof "reserve officer". (18) Section 701(g) is amended— (A) by striking out "sixty-day" and inserting in lieu thereof "60-day"; (B) by striking out "ninety-day" and inserting in lieu thereof "90-day"; and (C) by striking out "one hundred and fifty" both places it appears and inserting in lieu thereof "150". (19)(A) Section 1034 is amended by striking out "member of Congress" and inserting in lieu thereof "Member of Congress". (B)(i) The heading of such section is amended to read as follows:

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98 STAT. 2623

(11) The Item relating to such section in the table of sections at the beginning of chapter 53 is amended to read as follows: "1034. Communicating with a Member of Congress.".
 * '§ 1034. Communicating with a Member of Congress".

(20) Section 1035(b) is amended— lo use 1035. (A) by striking out "per centum" and inserting in lieu thereof "percent"; (B) by striking out "Act" and inserting in lieu thereof "subsection"; and (C) by striking out "ninety" and inserting in lieu thereof "90". (21) Section 1040(a) is amended by striking out "thirty" and inserting in lieu thereof "30". (22) The heading of section 1077 is amended by striking out the semicolon and inserting in lieu thereof a colon. (23) Section 1079(e) is amended by striking out the period at the end of the matter preceding clause (1) and inserting in lieu thereof "as follows:". (24) Section 1087(b)(2) is amended by inserting "(42 U.S.C. 1395c et seq.)" after "the Social Security Act." (25) Section 1216(b) is amended by striking out "of this section". (26) Section 1401a(f) is amended by striking out "prior to the effective date of this subsection" and inserting in lieu thereof "before October 7, 1975". (27) Section 1464(c) is amended by striking out "section 1466" 97 Stat. 645. and inserting in lieu thereof "section 1465(c)". (28) Section 1465(c)(l) is amended by striking out "(A)". 97 Stat. 646. (29) Section 1586 is amended— (A) in subsection (b)— (i) by striking out "thirty" and inserting in lieu thereof "30"; (ii) by striking out "of this section" after "subsection (c)"; and (iii) by striking out "of this subsection"; (B) in subsection (c)— (i) by striking out "thirty" and inserting in lieu thereof "30"; (ii) by striking out "ninety days" both places it appears and inserting in lieu thereof "90 days"; (iii) by striking out "ninety-day" in paragraph (5) and inserting in lieu thereof "90-day"; (iv) by striking out "of this subsection" each place it appears in paragraphs (3), (4), and (5); (v) by striking out "such" in paragraph (5); and (vi) in paragraph (6)— (I) by striking out "of this subsection" after "paragraph (1)"; and (II) by striking out "of this subsection," after "as applicable,"; (C) by striking out "of this section" in subsections (d), (e)(l), and (g)(1); and (D) by striking out "of this subsection" in subsection (e)(2).

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 98 STAT. 2624 10 USC 2002.

PUBLIC LAW 98-525—OCT. 19, 1984 (30) Section 2002(b) is amended by striking out "For the purposes of this section, the word" and inserting in lieu thereof "In this section,". (31) The item relating to section 2003 in the table of sections at the beginning of chapter 101 is amended by striking out the semicolon and inserting in lieu thereof a colon. (32) Section 2031(a) is amended by striking out "the date of enactment of this section" and inserting in lieu thereof "October 13, 1964". (33) Section 2107(b) is amended by aligning the second sentence flush with the left margin. (34) Section 2233 is amended— (A) by striking out "subsection (c) of this section" in subsection (a) and inserting in lieu thereof "to subsection (c)"; and (B) by striking out "or Territory, Puerto Rico, or the District of Columbia" both places it appears in the second sentence of subsection (b). (35) Section 2381(c) is amended— (A) by striking out "section 486 of title 40" and inserting in lieu thereof "section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)"; and (B) by striking out "section 481(a) of that title" and inserting in lieu thereof "section 201(a) of that Act (40 U.S.C. 481(a))". (36) The heading of section 2394a is amended to read as follows:

"§ 2394a. Procurement of energy systems using renewable forms of energy". (37) Section 2577(a)(1) is amended by striking out "puposes" and inserting in lieu thereof "purposes". (38) Section 2668(a)(10) is amended by striking out "section 961 of title 43" and inserting in lieu thereof "the Act of March 4, 1911 (43 U.S.C. 961)". (39) Section 2672a is amended— (A) by designating the first sentence as subsection (a); (B) by striking out "operation" in such sentence and inserting in lieu thereof "operational"; (C) by designating the second sentence as subsection (b); and (D) in the fourth sentence— (i) by striking out "provision will" and inserting in lieu thereof "section shall"; and (ii) by striking out "Armed Services Committees" and inserting in lieu thereof "Committees on Armed Services. (40) Section 2675(b) is amended by striking out "thirty" and inserting in lieu thereof "30". (41) Section 2687 is amended— (A) by striking out "one thousand" in subsection (a)(2) and inserting in lieu thereof "1,000"; (B) by inserting "(42 U.S.C. 4321 et seq.)" in subsection (b)(2) after "National Environmental Policy Act of 1969"; (C) by striking out "sixty" in subsection (b)(4) and inserting in lieu thereof "60"; and

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