Pub. L. 102-25, tit. VII, sec. 701
AMENDMENTS TO TITLE 10, UNITED STATES CODE
SEC. 701. AMENDMENTS TO TITLE 10, UNITED STATES CODE (a) Clarification of Waiver Authority.— Section 2331(c)(1) of title 10, United States Code, as added by section 834(a) of Public Law 101–510 (104 Stat. 1613), is amended— (1) by striking out “on a case-by-case basis”; (2) by striking out “considers necessary the use of master agreements” and inserting in lieu thereof “considers the use of master agreements necessary”; and (3) by striking out “of this section” before the period at the end. (b) Clarification of Truth-In-Negotiation Act Amendments.— Section 2306a(a)(1) of title 10, United States Code, as amended by section 803(a) of Public Law 101–510 (104 Stat. 1589), is amended— (1) in subparagraph (B), by striking out “$500,000” and all that follows through “$100,000” and inserting in lieu thereof “the dollar amount applicable under subparagraph (A) to that contract”; (2) in subparagraph (C)(i), by striking out “$500,000” and all that follows through “$100,000” and inserting in lieu thereof “the dollar amount applicable under subparagraph (A) to the prime contract of that subcontract”; and (3) in subparagraph (D), by striking out “$500,000” and all that follows through “$100,000” and inserting in lieu thereof “the dollar amount applicable under subparagraph (A) to the prime contract of that subcontract”. (c) Clarification of IR&D Amendments.— Section 2372(d)(2)(B) of title 10, United States Code, as added by section 824(a)(1) of Public Law 101–510 (104 Stat. 1603), is amended by striking out “or” after “subsection (b)” and inserting in lieu thereof “, including”. (d) Definition of Small Purchase Threshold.— Title 10, United States Code, is amended as follows: (1) Section 2302 is amended by adding at the end the following new paragraph: “(7) The term ‘small purchase threshold’ has the meaning given that term in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)).”. 105 STAT. 114 (2) Section 2304 is amended— (A) in subsection (g)— (i) by striking out “chapter” in paragraph (2) and inserting in lieu thereof “subsection”; and (ii) by striking out paragraph (5), as added by section 806(b)(3) of Public Law 101–510; and (B) in subsection (j)(3)(A), by striking out “$25,000” and inserting in lieu thereof “the small purchase threshold”. (3) Section 2306(e)(2)(A) is amended by striking out “the small purchase amount under section 2304(g) of this title” and inserting in lieu thereof “the small purchase threshold”. (4) Section 2307(d)(3) is amended by striking out “contracts for amounts less than the maximum amount for small purchases specified in section 2304(g)(2) of this title” and inserting in lieu thereof “any contract for an amount not in excess of the amount of the small purchase threshold”. (5) Section 2326(g)(1)(B) is amended by striking out “of less than $25,000” and inserting in lieu thereof “in an amount not in excess of the amount of the small purchase threshold”. (6) Section 2397(a)(1) is amended— (A) by striking out “awarded”; and (B) by striking out “involves at least $25,000” and inserting in lieu thereof “is in an amount in excess of the small purchase threshold (as defined in section 2302(7) of this title), as in effect at the time that contract is awarded”. (e) Tables of Chapters and Sections.— Title 10, United States Code, is amended as follows: (1) The tables of chapters at the beginning of subtitle A, and at the beginning of part II of subtitle A, are amended by inserting after the item relating to chapter 83 the following new item: “85. Procurement Management Personnel 1621”. (2) The items relating to chapter 108 in the tables of chapters at the beginning of subtitle A, and at the beginning of part III of subtitle A, are amended to read as follows: “108. Department of Defense Schools 2161”. (3) The table of sections at the beginning of chapter 39 is amended by transferring the item relating to section 687, as added by section 559(a)(2) of Public Law 101–510 (104 Stat. 1571), to appear after the item relating to section 689 and redesignating that item so as to relate to section 690. (4) The item relating to section 1584 in the table of sections at the beginning of chapter 81 is amended to read as follows: “1584. Employment of non-citizens.”. (5) The table of sections at the beginning of chapter 139 is amended by inserting a period at the end of the item relating to section 2366. (6) The item relating to section 2706 in the table of sections at the beginning of chapter 160 is amended to read as follows: “2706. Annual reports to Congress.”. 105 STAT. 115 (7) The item relating to section 6082 in the table of sections at the beginning of chapter 557 is amended to read as follows: “6082. Rations.”. (8) (A) The headings of sections 1053 and 1594 are amended by striking out “mandatory”. (B) The item relating to section 1053 in the table of sections at the beginning of chapter 53, and the item relating to section 1594 in the table of sections at the beginning of chapter 81, are amended by striking out “mandatory”. (f) Cross-Reference Corrections.— Title 10, United States Code, is amended as follows: (1) Section 2318(c) is amended by striking out “section 21” and inserting in lieu thereof “section 23”. (2) Section 2344(c) is amended by striking out “chapter” and inserting in lieu thereof “subchapter”. (3) Paragraph (5) of section 2432(c), as added by section 1407(c) of Public Law 101–510 (104 Stat. 1681), is amended by striking out “section 2432(a)” and all that follows through “subsection (a)(2),” and inserting in lieu thereof “subsection (a)”. (4) Section 2503(3) is amended by striking out “as defined in section 4(4) of the Office of Federal Procurement Policy Act” and inserting in lieu thereof “issued pursuant to section 25(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1))”. (5) Section 4343 is amended by striking out “clauses (2H9)” and inserting in lieu thereof “clauses (2) through (8)”. (6) Section 2132(d) is amended by striking out “section 115(b)(1)(A)(ii)” and inserting in lieu thereof “section 115(a)(1)(B)”. (7) Section 2414(b) is amended by striking out “section 2411(a)(1)(D)” and inserting in lieu thereof “section 2411(1)(D)”. (8) Section 2306a(e)(1)(A)(i) is amended by striking out “Internal Revenue Code of 1954” and inserting in lieu thereof “Internal Revenue Code of 1986”. (g) U.S.C. References.— Title 10, United States Code, is amended as follows: (1) Section 2368(a) is amended by inserting “(42 U.S.C. 6683)” before the period at the end. (2) Sections 2394a(c)(2) and 2857(c)(2) are amended by inserting “(42 U.S.C. 8254(a))” after “section 544(a) of the National Energy Conservation Policy Act”. (3) Section 2508(a)(2) is amended by inserting “(42 U.S.C. 6681 et seq.)” before the period at the end. (h) Date of Enactment References.— Title 10, United States Code, is amended as follows: (1) Section 1595(c) is amended by striking out “after the end of the 90-day period beginning on the date of the enactment of this section” and inserting in lieu thereof “after February 27, 1990”. (2) Section 2903(d)(2) is amended by striking out “two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1991” and inserting in lieu thereof “on November 5, 1992”. (i) Definitions.— Title 10, United States Code, is amended as follows: (1) Section 645 is amended— 105 STAT. 116 (A) by inserting “The term” in paragraphs (1), (2), and (3) after the paragraph designation; and (B) by revising the first word after the open quotation marks in each of such paragraphs so that the initial letter of such word is lower case. (2) Section 2196, as added by section 247(a) of Public Law 101–510 (104 Stat. 1523), is amended by inserting “the term” after “In this chapter,”. (j) Other Amendments.— (1) Section 1721(c) of title 10, United States Code, as added by section 1202 of the Defense Acquisition Workforce Improvement Act (title XII of Public Law 101–510), is amended by striking out “Activities,’ dated” in the last sentence and inserting in lieu thereof “Activities’, dated”. (2) (A) Subsection (f) of section 2307 of title 10, United States Code, as added by section 836(a) of Public Law 101–510 (104 Stat. 1615), is redesignated as subsection (e). (B) Section 836(c) of Public Law 101–510 (104 Stat. 1616) is amended to read as follows: “(c) Effective Date.— The provisions of section 2307 of title 10, United States Code, that are added by the amendments made by subsections (a) and (b) shall apply with respect to contracts entered into on or after May 6, 1991.”. (3) Section 2391(b)(3) of title 10, United States Code, as added by section 4102(b)(3) of Public Law 101–510 (104 Stat. 1851), is amended— (A) by striking out “publicly-announced” and inserting in lieu thereof “publicly announced”; and (B) by inserting a comma after “only if the reduction”. (4) Section 2409a(c) of title 10, United States Code, as added by section 837(a) of Public Law 101–510 (104 Stat. 1616), is amended— (A) by aligning that part of paragraph (5) preceding subparagraph (A) so as to be indented two ems; (B) by aligning subparagraphs (A), (B), and (C) of paragraph (5) so as to be indented four ems; and (C) by aligning paragraph (6) so as to be indented two ems. (5) Section 2411(1)(D) of title 10, United States Code, is amended by striking out “for-profit and nonprofit” and inserting in lieu thereof “for profit purposes or nonprofit”. (6) Sections 3446 and 8446 of title 10, United States Code, are amended by striking out “as” before “provided by law”. (7) Section 6223(b) of title 10, United States Code, is amended by striking out “Marine Corps Bands” and inserting in lieu thereof “The United States Marine Corps Band”. (8) Section 1095(a)(1) of title 10, United States Code, is amended by inserting “a” before “covered beneficiary”. (9) Section 2822(b) of title 10, United States Code, is amended by realigning paragraph (4) so as to be indented two ems. (10) Section 2704(f) of title 10, United States Code, is amended by striking out “Agency of Toxic” and inserting in lieu thereof “Agency for Toxic”. (k) Effective Date Clarification.— (1) Section 2409 of title 10, United States Code, is amended by adding at the end the following new subsection: 105 STAT. 117 “(d) Effective Date.— This section shall not be in effect during the period when section 2409a of this title is in effect.”. (2) Section 2409a of such title, as added by section 837(a) of Public Law 101–510 (104 Stat. 1616), is amended by adding at the end the following new subsection: “(f) Expiration of Section.— This section shall cease to be in effect on November 5, 1994.”. (3) Section 837(b) of Public Law 101–510 (104 Stat. 1619) is amended by striking out the second sentence.