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SEC. 812. REPEAL OF CERTAIN DEFENSE
ACQUISITION LAWS. (a) Title
10, United States Code.—
(1) SECTION 167A.—
(A) REPEAL.—Section 167a of title
10, United States Code, is repealed.
(B) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 6 of such title is amended by striking
the item relating to section 167a.
(C) CONFORMING AMENDMENT.—Section 905(a)(1) of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109–364; 10 U.S.C. 133a note) is amended by
striking “166b, 167, or 167a” and inserting “166b or 167”.
(2) SECTION 2323.—
(A) REPEAL.—Section 2323 of title
10, United States Code, is repealed.
(B) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 137 of such title is amended by
striking the item relating to section 2323.
(C) CONFORMING AMENDMENTS.—
(i) Section 853(c) of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law
108–136; 10 U.S.C. 2302 note) is amended by striking
“section 2323 of title 10, United States Code, and”.
(ii) Section 831(n) of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C.
2302 note) is amended—
(I) in paragraph (4), by
inserting “, as in effect on March 1, 2018” after
“section 2323 of title 10, United States Code”; and
(II) in paragraph (6), by striking “section 2323 of
title 10, United States Code, and”.
(iii) Section 8304(1) of the
Federal Acquisition Streamlining Act of 1994 (10 U.S.C.
2375 note) is amended by striking “section 2323 of title
10, United States Code, or”.
(iv) Section 10004(a)(1) of the Federal Acquisition
Streamlining Act of 1994 (41 U.S.C. 1122 note) is amended
by striking “section 2323 of title 10, United States Code,
or”.
(v) Section 2304(b)(2) of title 10, United States Code, is
amended by striking “and concerns other than” and all that
follows through “this title”.
(vi) Section 2304e(b) of title 10, United States Code, is
amended—
(I) by striking “other than—”
and all that follows through “small” and inserting
“other than small”;
(II) by striking “; or” and inserting a period; and
(III) by striking paragraph (2).
(vii) Section 2323a(a) of title
10, United States Code, is amended by striking “section
2323 of this title and”.
(viii) Section 15 of the Small Business Act (15 U.S.C.
644) is amended—
(I) in subsection (j)(3), by
striking “section 2323 of title 10, United States
Code,”;
(II) in subsection (k)(10)—
(aa) by striking “or section
2323 of title 10, United States Code,” and all that
follows through “subsection (m),”; and
(bb) by striking “subsection (a),” and inserting
“subsection (a) or”; and
(III) by amending subsection (m)
to read as follows:
“(m) Additional Duties Of Procurement Center
Representatives.—All procurement center representatives
(including those referred to in subsection (k)(6)), in
addition to such other duties as may be assigned by the
Administrator, shall increase, insofar as possible, the
number and dollar value of procurements that may be used
for the programs established under this section and
section 8(a).”.
(ix) Section 1902(b)(1) of title
41, United States Code, is amended by striking “, section
2323 of title 10,”.
(3) SECTION 2332.—
(A) REPEAL.—Section 2332 of title
10, United States Code, is repealed.
(B) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 137 of such title is amended by
striking the item relating to section 2332.
(b) Other Provisions Of Law.—The
following provisions of law are repealed:
(1) Section 934 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 10 U.S.C. 2223a note).
(2) Section 804 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2223a note).
(3) Section 804 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302 note).
(4) Section 829 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302 note).
(5) Section 818(g) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2302 note).
(6) Section 815(b) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302
note).
(7) Section 141 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10
U.S.C. 2302 note).
(8) Section 801(b) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302
note).
(9) Section 352 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10
U.S.C. 2302 note).
(10) Section 9004 of the Department of Defense Appropriations
Act, 1990 (Public Law 101–165; 10 U.S.C. 2302 note).
(11) Section 802 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10
U.S.C. 2304 note).
(12) Section 813 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10
U.S.C. 2304 note).
(13) Section 391 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2304 note).
(14) Section 927(b) of Public Laws 99–500, 99–591, and 99–661
(10 U.S.C. 2304 note).
(15) Section 1222(b) of the National Defense Authorization Act
for Fiscal Year 1987 (Public Law 99–661; 10 U.S.C. 2304 note).
(16) Section 814(b) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2304a
note).
(17) Section 834 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10
U.S.C. 2304b note).
(18) Section 803 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10
U.S.C. 2306a note).
(19) Section 1075 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2315
note).
(20) Section 818 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2324 note).
(21) Sections 908(a), (b), (c), and (e) of Public Laws 99–500,
99–591, and 99–661 (10 U.S.C. 2326 note).
(22) Section 807 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2330 note).
(23) Section 808(d) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330
note).
(24) Section 812(b)–(c) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 2330
note).
(25) Section 801(d)–(f) of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330
note).
(26) Section 802 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330 note).
(27) Section 831 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10
U.S.C. 2330a note).
(28) Section 1032 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10
U.S.C. 2358 note).
(29) Section 241 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10
U.S.C. 2358 note).
(30) Section 913(b) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 2364 note).
(31) Sections 234(a) and (b) of the National Defense
Authorization Act for Fiscal Year 1987 (Public Law 99–661; 10
U.S.C. 2364 note).
(32) Section 943(b) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2366a
note).
(33) Section 801 of the National Defense Authorization Act for
Fiscal Year 1990 (Public Law 101–189; 10 U.S.C. 2399 note).
(34) Section 8133 of the Department of Defense Appropriations
Act, 2000 (Public Law 106–79; 10 U.S.C. 2401a note).
(35) Section 807(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10
U.S.C. 2410p note).
(36) Section 1058 of the Carl Levin and Howard P. “Buck”
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113–291; 10 U.S.C. 2430 note).
(37) Section 838 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).
(38) Section 809 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2430 note).
(39) Section 833 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).
(40) Section 839 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430 note).
(41) Section 819 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2430 note).
(42) Section 5064 of the Federal Acquisition Streamlining Act
of 1994 (Public Law 103–355; 10 U.S.C. 2430 note).
(43) Section 803 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 2430 note).
(44) Section 328 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2458 note).
(45) Section 347 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10
U.S.C. 2458 note).
(46) Section 349 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10
U.S.C. 2458 note).
(47) Section 395 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2458 note).
(48) Section 325 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10
U.S.C. 2461 note).
(49) Section 336 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2461 note).
(50) Section 353(a) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461
note).
(51) Section 353(b) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461
note).
(52) Section 356 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461 note).
(53) Section 1010 of the USA Patriot Act of 2001 (Public Law
107–56; 10 U.S.C. 2465 note).
(54) Section 4101 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2500
note).
(55) Section 852 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2504 note).
(56) Section 823 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2521 note).
(57) Section 823 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10
U.S.C. 2533b note).
(58) Section 804(h) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2533b
note).
(59) Section 842(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10
U.S.C. 2533b note).
(60) Section 343 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106–398; 10 U.S.C. 4551 note).
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Repeal of certain defense acquisition
laws (sec. 812)
The House bill contained a provision
(sec. 812) that would repeal a number of outdated provisions of
law related to defense acquisition, including sections of title
10, United States Code, and provisions that appear in the United
States Code as legislative ‘‘note’’ sections under various
provisions of title 10, United States Code.
The Senate amendment contained no
similar provision.
The Senate recedes with an amendment
that would modify which provisions are to be repealed.
H. Rept. 115-676
Section 812--Repeal of Certain
Defense Acquisition Laws
This section would repeal a number of
outdated provisions of law related to defense acquisition,
including sections of title 10, United States Code, and
provisions that appear in the United States Code as legislative
``note'' sections under various provisions of title 10. These
out-of-date provisions either required the Department of Defense
to issue regulations, have now expired by their own terms, or
are otherwise obsolete.
The committee notes that, with respect
to repeal of a statutory requirement for issuance of a
regulation, it is not expressing a view on the merits of the
policies covered by the regulation. Rather, in repealing the
statutory requirement for a regulation, this section would allow
the Secretary of Defense to revise the regulation as
circumstances warrant. Repealing the statutory requirement would
allow the Secretary to revise or rescind the regulation, but
would not prescribe it. The decision to retain, or not retain,
the regulation would remain with the Secretary.
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