AMENDMENTS RELATED TO FEDERAL ACQUISITION STREAMLINING ACT OF 1994.

SEC. 4321. AMENDMENTS RELATED TO FEDERAL ACQUISITION STREAMLINING ACT OF 1994. (a) Public Law 103–355.— Effective as of October 13, 1994, and as if included therein as enacted, the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355; 108 Stat. 3243 et seq.) is amended as follows: (1) Section 1073 (108 Stat. 3271) is amended by striking out “section 3031” and inserting in lieu thereof “section 303K”. (2) Section 1202(a) (108 Stat. 3274) is amended by striking out the closing quotation marks and second period at the end of paragraph (2)(B) of the subsection inserted by the amendment made by that section. (3) Section 1251(b) (108 Stat. 3284) is amended by striking out “Office of Federal Procurement Policy Act” and inserting in lieu thereof “Federal Property and Administrative Services Act of 1949”. (4) Section 2051(e) (108 Stat. 3304) is amended by striking out the closing quotation marks and second period at the end of subsection (f)(3) in the matter inserted by the amendment made by that section. (5) Section 2101(a)(6)(B)(ii) (108 Stat. 3308) is amended by replacing “regulation” with “regulations” in the first quoted matter. (6) Section 2351(a) (108 Stat. 3322) is amended by inserting “(1)”; before “Section 6”. (7) The heading of section 2352(b) (108 Stat. 3322) is amended by striking out “Procedures To Small Business Government Contractors.—” and inserting in lieu thereof “Procedures.—”. (8) Section 3022 (108 Stat. 3333) is amended by striking out “each place” and all that follows through the end of the section and inserting in lieu thereof “in paragraph (1) and ‘, rent,’ after ‘sell’ in paragraph (2).”. (9) Section 5092(b) (108 Stat. 3362) is amended by inserting “of paragraph (2)” after “second sentence”. (10) Section 6005(a) (108 Stat. 3364) is amended by striking out the closing quotation marks and second period at the end of subsection (e)(2) of the matter inserted by the amendment made by that section. (11) Section 10005(f)(4) (108 Stat. 3409) is amended in the second matter in quotation marks by striking out “‘Sec. 5. This Act” and inserting in lieu thereof “‘Sec. 7. This title”. (b) Title 10, United States Code.— Title 10, United States Code, is amended as follows: (1) Section 2220(b) is amended by striking out “the date of the enactment of the Federal Acquisition Streamlining Act of 1994” and inserting in lieu thereof “October 13, 1994”. 110 STAT. 672 (2) (A) The section 2247 added by section 7202(a)(1) of Public Law 103–355 (108 Stat. 3379) is redesignated as section 2249. (B) The item relating to that section in the table of sections at the beginning of subchapter I of chapter 134 is revised to conform to the redesignation made by subparagraph (A). (3) Section 2302(3)(K) is amended by adding a period at the end. (4) Section 2304(f)(2)(D) is amended by striking out “the Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as the Wagner-O’Day Act,” and inserting in lieu thereof “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.),”. (5) Section 2304(h) is amended by striking out paragraph (1) and inserting in lieu thereof the following: “(1) The Walsh-Healey Act (41 U.S.C. 35 et seq.).”. (6) (A) The section 2304a added by section 848(a)(1) of Public Law 103–160 (107 Stat. 1724) is redesignated as section 2304e. (B) The item relating to that section in the table of sections at the beginning of chapter 137 is revised to conform to the redesignation made by subparagraph (A). (7) Section 2306a is amended— (A) in subsection (d)(2)(A)(ii), by inserting “to” after “The information referred”; (B) in subsection (e)(4)(B)(ii), by striking out the second comma after “parties”; and (C) in subsection (i)(3), by inserting “(41 U.S.C. 403(12))” before the period at the end. (8) Section 2323 is amended— (A) in subsection (a)(1)(C), by inserting a closing parenthesis after “1135d–5(3))” and after “1059c(b)(1))”; (B) in subsection (a)(3), by striking out “(issued under” and all that follows through “421(c))”; (C) in subsection (b), by inserting “(1)” after “Amount.—”; and (D) in subsection (i)(3), by adding at the end a subparagraph (D) identical to the subparagraph (D) set forth in the amendment made by section 811(e) of Public Law 103–160(107 Stat. 1702). (9) Section 2324 is amended— (A) in subsection (e)(2)(C)— (i) by striking out “awarding the contract” at the end of the first sentence; and (ii) by striking out “title III” and all that follows through “Act)” and inserting in lieu thereof “the Buy American Act (41 U.S.C. 10b—1)”; and (B) in subsection (h)(2), by inserting “the head of the agency or” after “in the case of any contract if”. (10) Section 2350b is amended— (A) in subsection (c)(1)— (i) by striking out “specifically—” and inserting in lieu thereof “specifically prescribes—”; and (ii) by striking out “prescribe” in each of subparagraphs (A), (B), (C), and (D); and (B) in subsection (d)(1), by striking out “subcontract to be” and inserting in lieu thereof “subcontract be”. (11) Section 2372(i)(1) is amended by striking out “section 2324(m)” and inserting in lieu thereof “section 2324(1)”. (12) Section 2384(b) is amended— 110 STAT. 673 (A) in paragraph (2)— (i) by striking “items, as” and inserting in lieu thereof “items (as”; and (ii) by inserting a closing parenthesis after “403(12))”; and (B) in paragraph (3), by inserting a closing parenthesis after “403(11)1”. (13) Section 2400(a)(5) is amended by striking out “the preceding sentence” and inserting in lieu thereof “this paragraph”. (14) Section 2405 is amended— (A) in paragraphs (1) and (2) of subsection (a), by striking out “the date of the enactment of the Federal Acquisition Streamlining Act of 1994” and inserting in lieu thereof “October 13, 1994”; and (B) in subsection (c)(3)— (i) by striking out “the later of—” and all that follows through “(B)”; and (ii) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively, and realigning those subparagraphs accordingly. (15) Section 2410d(b) is amended by striking out paragraph (3). (16) Section 2410g(d)(1) is amended by inserting before the period at the end the following: “(as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))”. (17) Section 2424(c) is amended— (A) by inserting “Exception.—” after “(c)”; and (B) by striking out “drink” the first and third places it appears in the second sentence and inserting in lieu thereof “beverage”. (18) Section 2431 is amended— (A) in subsection (b)— (i) by striking out “Any report” in the first sentence and inserting in lieu thereof “Any documents”; and (ii) by striking out “the report” in paragraph (3) and inserting in lieu thereof “the documents”; and (B) in subsection (c), by striking “reporting” and inserting in lieu thereof “documentation”. (19) Section 2461(e)(1) is amended by striking out “the Act of June 25, 1938 (41 U.S.C. 47), popularly referred to as the Wagner-O’Day Act” and inserting in lieu thereof “the Javits-Wagner-O’Day Act (41 U.S.C. 47)”. (20) Section 2533(a) is amended by striking out “title III of the Act” and all that follows through “such Act” and inserting in lieu thereof “the Buy American Act (41 U.S.C. 10a)) whether application of such Act”. (21) Section 2662(b) is amended by striking out “small purchase threshold” and inserting in lieu thereof “simplified acquisition threshold”. (22) Section 2701(i)(1) is amended— (A) by striking out “Act of August 24, 1935 (40 U.S.C. 270a–270d), commonly referred to as the ‘Miller Act’,” and inserting in lieu thereof “Miller Act (40 U.S.C. 270a et seq.)”; and 110 STAT. 674 (B) by striking out “such Act of August 24, 1935” and inserting in lieu thereof “the Miller Act”. (c) Small Business Act.— The Small Business Act (15 U.S.C. 632 et seq.) is amended as follows: (1) Section 8(d) (15 U.S.C. 637(d)) is amended— (A) in paragraph (1), by striking out the second comma after “small business concerns” the first place it appears; and (B) in paragraph (6)(C), by striking out “and small business concerns owned and controlled by the socially and economically disadvantaged individuals” and inserting in lieu thereof , small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women”. (2) Section 8(f) (15 U.S.C. 637(f)) is amended by inserting “and” after the semicolon at the end of paragraph (5). (3) Section 15(g)(2) (15 U.S.C. 644(g)(2)) is amended by striking out the second comma after the first appearance of “small business concerns”. (d) Title 31, United States Code.— Title 31, United States Code, is amended as follows: (1) Section 3551 is amended— (A) by striking out “subchapter—” and inserting in lieu thereof “subchapter:”; and (B) in paragraph (2), by striking out “or proposed contract” and inserting in lieu thereof “or a solicitation or other request for offers”. (2) Section 3553(b)(3) is amended by striking out “3554(a)(3)” and inserting in lieu thereof “3554(a)(4)”. (3) Section 3554(b)(2) is amended by striking out “section 3553(d)(2)(A)(i)” and inserting in lieu thereof “section 3553(d)(3)(C)(i)(I)”. (e) Federal Property and Administrative Services Act of1949.— The Federal Property and Administrative Services Act of 1949 is amended as follows: (1) The table of contents in section 1 (40 U.S.C. 471 prec.) is amended— (A) by striking out the item relating to section 104; (B) by striking out the item relating to section 201 and inserting in lieu thereof the following: “Sec. 201. Procurements, warehousing, and related activities.”; (C) by inserting after the item relating to section 315 the following new item: “Sec. 316. Merit-based award of grants for research and development.”; (D) by striking out the item relating to section 603 and inserting in lieu thereof the following: “Sec. 603. Authorizations for appropriations and transfer authority.”; and (E) by inserting after the item relating to section 605 the following new item: “Sec. 606. Sex discrimination.”. (2) Section 303(f)(2)(1)) (41 U.S.C. 253(f)(2)(1))) is amended by striking out “the Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as the Wagner-O’Day Act,” and 110 STAT. 675 inserting in lieu thereof “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.),”. (3) The heading for paragraph (1) of section 304A(c) (41 U.S.C. 254b(c)) is amended by changing each letter that is capitalized (other than the first letter of the first word) to lower case. (4) Subsection (d)(2)(A)(ii) of section 304A (41 U.S.C. 254b) is amended by inserting “to” after “The information referred”. (5) Section 304C(a)(2) is amended by striking out “section 304B” and inserting in lieu thereof “section 304A”. (6) Section 307(b) is amended by striking out “section 305(c)” and inserting in lieu thereof “section 305(a)”. (7) The heading for section 314A (41 U.S.C. 264a) is amended to read as follows: “SEC. 314A. DEFINITIONS RELATING TO PROCUREMENT OF COMMERCIAL ITEMS.”. (8) Section 315(b) (41 U.S.C. 265(b)) is amended by striking out “inspector general” both places it appears and inserting in lieu thereof “Inspector General”. (9) The heading for section 316 (41 U.S.C. 266) is amended by inserting at the end a period. (f) Walsh-Healey Act.— (1) The WalshHealey Act (41 U.S.C. 35 et seq.) is amended— (A) by transferring the second section 11 (as added by section 7201(4) of Public Law 103–355) so as to appear after section 10; and (B) by redesignating the three sections following such section 11 (as so transferred) as sections 12, 13, and 14. (2) Such Act is further amended in section 10— (A) in subsection (b), by striking out “section 1(b)” and inserting in lieu thereof “section 1(a)”; and (B) in subsection (c), by striking out the comma after “‘locality’”. (g) Anti-Kickback Act of1986.— Section 7(d) of the Anti-Kickback Act of 1986 (41 U.S.C. 57(d)) is amended— (1) by striking out “such Act” and inserting in lieu thereof “the Office of Federal Procurement Policy Act”; and (2) by striking out the second period at the end. (h) Office of Federal Procurement Policy Act.— The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended as follows: (1) Section 6 (41 U.S.C. 405) is amended by transferring paragraph (12) of subsection (d) (as such paragraph was redesignated by section 5091(2) of the Federal Acquisition Streamlining Act of 1994 (P.L. 103–355; 108 Stat. 3361)) to the end of that subsection. (2) Section 6(11) (41 U.S.C. 405(11)) is amended by striking out “small business” and inserting in lieu thereof “small businesses”. (3) Section 18(b) (41 U.S.C. 416(b)) is amended by inserting “and” after the semicolon at the end of paragraph (5). (4) Section 26(f)(3) (41 U.S.C. 422(f)(3)) is amended in the first sentence by striking out “Not later than 180 days after the date of enactment of this section, the Administrator” and inserting in lieu thereof “The Administrator”. 110 STAT. 676 (i) Other Laws.— (1) The National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160) is amended as follows: (A) Section 126(c) (107 Stat. 1567) is amended by striking out “section 2401 of title 10, United States Code, or section 9081 of the Department of Defense Appropriations Act, 1990 (10 U.S.C. 2401 note).” and inserting in lieu thereof “section 2401 or 2401a of title 10, United States Code.”. (B) Section 127 (107 Stat. 1568) is amended— (i) in subsection (a), by striking out “section 2401 of title 10, United States Code, or section 9081 of the Department of Defense Appropriations Act, 1990 (10 U.S.C. 2401 note).” and inserting in lieu thereof “section 2401 or 2401a of title 10, United States Code.”; and (ii) in subsection (e), by striking out “section 9081 of the Department of Defense Appropriations Act, 1990 (10 U.S.C. 2401 note).” and inserting in lieu thereof “section 2401a of title 10, United States Code.”. (2) The National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189) is amended by striking out section 824. (3) Section 117 of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100–456; 10 U.S.C. 2431 note) is amended by striking out subsection (c). (4) The National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100–180) is amended by striking out section 825 (10 U.S.C. 2432 note). (5) Section 11 of Public Law 101–552 (5 U.S.C. 581 note) is amended by inserting “under” before “the amendments made by this Act”. (6) The last sentence of section 6 of the Federal Power Act (16 U.S.C. 799) is repealed. (7) Section 101(a)(11)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)(A)) is amended by striking out “the Act entitled ‘An Act to create a Committee on Purchases of Blindmade Products, and for other purposes’, approved June 25, 1938 (commonly known as the Wagner-O’Day Act; 41 U.S.C. 46 et seq.)” and inserting in lieu thereof “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)”. (8) The first section 5 of the Miller Act (40 U.S.C. 270a note) is redesignated as section 7 and, as so redesignated, is transferred to the end of that Act. (9) Section 3737(g) of the Revised Statutes of the United States (41 U.S.C. 15(g)) is amended by striking out “rights of obligations” and inserting in lieu thereof “rights or obligations”. (10) The Act of June 15, 1940 (41 U.S.C. 20a; Chapter 367; 54 Stat. 398), is repealed. (11) The Act of November 28, 1943 (41 U.S.C. 20b; Chapter 328; 57 Stat. 592), is repealed. (12) Section 3741 of the Revised Statutes of the United States (41 U.S.C. 22), as amended by section 6004 of Public Law 103–355 (108 Stat. 3364), is amended by striking out “No member” and inserting in lieu thereof “Sec. 3741. No Member”. 110 STAT. 677 (13) Section 5152(a)(1) of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701(a)(1)) is amended by striking out “as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and inserting in lieu thereof “(as defined in section 4(12) of such Act (41 U.S.C. 403(12)))”.