
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(g)(5)]
[Document affected by Public Law 107-107 Section 812]
[Document affected by Public Law 107-107 Section 318]
[Document affected by Public Law 107-107 Section 836]
[CITE: 10USC2302]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                   CHAPTER 137--PROCUREMENT GENERALLY
 
Sec. 2302. Definitions

    In this chapter:
        (1) The term ``head of an agency'' means the Secretary of 
    Defense, the Secretary of the Army, the Secretary of the Navy, the 
    Secretary of the Air Force, the Secretary of Transportation, and the 
    Administrator of the National Aeronautics and Space Administration.
        (2) The term ``competitive procedures'' means procedures under 
    which the head of an agency enters into a contract pursuant to full 
    and open competition. Such term also includes--
            (A) procurement of architectural or engineering services 
        conducted in accordance with title IX of the Federal Property 
        and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.);
            (B) the competitive selection for award of basic research 
        proposals resulting from a general solicitation and the peer 
        review or scientific review (as appropriate) of such proposals;
            (C) the procedures established by the Administrator of 
        General Services for the multiple award schedule program of the 
        General Services Administration if--
                (i) participation in the program has been open to all 
            responsible sources; and
                (ii) orders and contracts under such program result in 
            the lowest overall cost alternative to meet the needs of the 
            United States;

            (D) procurements conducted in furtherance of section 15 of 
        the Small Business Act (15 U.S.C. 644) as long as all 
        responsible business concerns that are entitled to submit offers 
        for such procurements are permitted to compete; and
            (E) a competitive selection of research proposals resulting 
        from a general solicitation and peer review or scientific review 
        (as appropriate) solicited pursuant to section 9 of the Small 
        Business Act (15 U.S.C. 638).

        (3) The following terms have the meanings provided such terms in 
    section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
    403):
            (A) The term ``procurement''.
            (B) The term ``procurement system''.
            (C) The term ``standards''.
            (D) The term ``full and open competition''.
            (E) The term ``responsible source''.
            (F) The term ``item''.
            (G) The term ``item of supply''.
            (H) The term ``supplies''.
            (I) The term ``commercial item''.
            (J) The term ``nondevelopmental item''.
            (K) The term ``commercial component''.
            (L) The term ``component''.

        (4) The term ``technical data'' means recorded information 
    (regardless of the form or method of the recording) of a scientific 
    or technical nature (including computer software documentation) 
    relating to supplies procured by an agency. Such term does not 
    include computer software or financial, administrative, cost or 
    pricing, or management data or other information incidental to 
    contract administration.
        (5) The term ``major system'' means a combination of elements 
    that will function together to produce the capabilities required to 
    fulfill a mission need. The elements may include hardware, 
    equipment, software or any combination thereof, but excludes 
    construction or other improvements to real property. A system shall 
    be considered a major system if (A) the conditions of section 2302d 
    of this title are satisfied, or (B) the system is designated a 
    ``major system'' by the head of the agency responsible for the 
    system.
        (6) The term ``Federal Acquisition Regulation'' means the 
    Federal Acquisition Regulation issued pursuant to section 25(c)(1) 
    of the Office of Federal Procurement Policy Act (41 U.S.C. 
    421(c)(1)).
        (7) The term ``simplified acquisition threshold'' has the 
    meaning provided that term in section 4 of the Office of Federal 
    Procurement Policy Act (41 U.S.C. 403), except that, in the case of 
    any contract to be awarded and performed, or purchase to be made, 
    outside the United States in support of a contingency operation or a 
    humanitarian or peacekeeping operation, the term means an amount 
    equal to two times the amount specified for that term in section 4 
    of such Act.
        (8) The term ``humanitarian or peacekeeping operation'' means a 
    military operation in support of the provision of humanitarian or 
    foreign disaster assistance or in support of a peacekeeping 
    operation under chapter VI or VII of the Charter of the United 
    Nations. The term does not include routine training, force rotation, 
    or stationing.

(Aug. 10, 1956, ch. 1041, 70A Stat. 127; Pub. L. 85-568, title III, 
Sec. 301(b), July 29, 1958, 72 Stat. 432; Pub. L. 85-861, Sec. 1(43A), 
Sept. 2, 1958, 72 Stat. 1457; Pub. L. 96-513, title V, Sec. 511(74), 
Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98-369, div. B, title VII, 
Sec. 2722(a), July 18, 1984, 98 Stat. 1186; Pub. L. 98-525, title XII, 
Sec. 1211, Oct. 19, 1984, 98 Stat. 2589; Pub. L. 98-577, title V, 
Sec. 504(b)(3), Oct. 30, 1984, 98 Stat. 3087; Pub. L. 99-661, div. A, 
title XIII, Sec. 1343(a)(13), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 
100-26, Sec. 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101-189, 
div. A, title VIII, Sec. 853(b)(1), Nov. 29, 1989, 103 Stat. 1518; Pub. 
L. 102-25, title VII, Sec. 701(d)(1), Apr. 6, 1991, 105 Stat. 113; Pub. 
L. 102-190, div. A, title VIII, Sec. 805, Dec. 5, 1991, 105 Stat. 1417; 
Pub. L. 103-355, title I, Sec. 1502, Oct. 13, 1994, 108 Stat. 3296; Pub. 
L. 104-106, div. D, title XLIII, Sec. 4321(b)(3), Feb. 10, 1996, 110 
Stat. 672; Pub. L. 104-201, div. A, title VIII, Secs. 805(a)(1), 807(a), 
Sept. 23, 1996, 110 Stat. 2605, 2606; Pub. L. 105-85, div. A, title 
VIII, Sec. 803(b), Nov. 18, 1997, 111 Stat. 1832.)

                                          Historical and Revision Notes
                                                    1956 Act
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
2302..................................  41:158 (less clause (b)).            Fe
b. 19, 1948, ch. 65, Sec.  9
                                                                              (
less clause (b)), 62 Stat. 24.
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---------------------------------

    In clause (1), the words ``(if any)'' are omitted as surplusage. The 
words ``Secretary of the Treasury'' are substituted for the words 
``Commandant, United States Coast Guard, Treasury Department'', since 
the functions of the Coast Guard and its officers, while operating under 
the Department of the Treasury, were vested in the Secretary of the 
Treasury by 1950 Reorganization Plan No. 26, effective July 31, 1950, 64 
Stat. 1280. Under that plan the Secretary of the Treasury was authorized 
to delegate any of those functions to the agencies and employees of the 
Department of the Treasury.
    Clauses (2) and (3) are inserted for clarity, and are based on the 
usage of those terms throughout the revised chapter.

                                                    1958 Act
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
2302(3)...............................  [No source].                         [N
o source].
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---------------------------------

    The amendments reflect section 1(44) of the bill [amending section 
2305 of Title 10].

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in par. (2)(A), is act June 30, 1949, ch. 288, 63 Stat. 377, 
as amended. Title IX of the Federal Property and Administrative Services 
Act is classified generally to subchapter VI (Sec. 541 et seq.) of 
chapter 10 of Title 40, Public Buildings, Property, and Works. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 471 of Title 40 and Tables.


                               Amendments

    1997--Pars. (7), (8). Pub. L. 105-85 struck out ``(A)'' before ``The 
term `simplified'' in par. (7), redesignated par. (7)(B) as par. (8), 
and substituted ``The'' for ``In subparagraph (A), the'' in that par.
    1996--Par. (3)(K). Pub. L. 104-106 inserted period at end.
    Par. (5). Pub. L. 104-201, Sec. 805(a)(1), substituted ``A system 
shall be considered a major system if (A) the conditions of section 
2302d of this title are satisfied, or (B) the system is designated a 
`major system' by the head of the agency responsible for the system.'' 
for ``A system shall be considered a major system if (A) the Department 
of Defense is responsible for the system and the total expenditures for 
research, development, test, and evaluation for the system are estimated 
to be more than $75,000,000 (based on fiscal year 1980 constant dollars) 
or the eventual total expenditure for procurement of more than 
$300,000,000 (based on fiscal year 1980 constant dollars); (B) a 
civilian agency is responsible for the system and total expenditures for 
the system are estimated to exceed $750,000 (based on fiscal year 1980 
constant dollars) or the dollar threshold for a `major system' 
established by the agency pursuant to Office of Management and Budget 
(OMB) Circular A-109, entitled `Major Systems Acquisitions', whichever 
is greater; or (C) the system is designated a `major system' by the head 
of the agency responsible for the system.''
    Par. (7). Pub. L. 104-201, Sec. 807(a), designated existing 
provisions as subpar. (A), inserted ``or a humanitarian or peacekeeping 
operation'' after ``contingency operation'', and added subpar. (B).
    1994--Par. (3). Pub. L. 103-355, Sec. 1502(1), added par. (3) and 
struck out former par. (3) which read as follows: ``The terms `full and 
open competition' and `responsible source' have the same meanings 
provided such terms in section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403).''
    Par. (7). Pub. L. 103-355, Sec. 1502(2), added par. (7) and struck 
out former par. (7) which read as follows: ``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)), except 
that, in the case of any contract to be awarded and performed, or 
purchase to be made, outside the United States in support of a 
contingency operation, the term means $100,000.''
    1991--Par. (7). Pub. L. 102-190 inserted before period ``, except 
that, in the case of any contract to be awarded and performed, or 
purchase to be made, outside the United States in support of a 
contingency operation, the term means $100,000''.
    Pub. L. 102-25 added par. (7).
    1989--Par. (6). Pub. L. 101-189 added par. (6).
    1987--Pub. L. 100-26, Sec. 7(k)(2)(A), inserted ``The term'' after 
each par. designation except par. (3) and struck out uppercase letter of 
first word after first quotation marks in each par. and substituted 
lowercase letter.
    1986--Par. (2)(A). Pub. L. 99-661 substituted ``(40 U.S.C.'' for 
``(41 U.S.C.''.
    1984--Pub. L. 98-369 amended section generally, substituting in cl. 
(1) ``the Secretary of Defense, the Secretary of the Army, the Secretary 
of the Navy, the Secretary of the Air Force'' for ``the Secretary, the 
Under Secretary, or any Assistant Secretary, of the Army, Navy, or Air 
Force'', in cl. (2) definition of ``competitive procedures'' for a 
definition of ``negotiate'', and in cl. (3) definition of the terms 
``full and open competition'' and ``responsible source'' for a 
definition of ``formal advertising''.
    Cl. (2)(D), (E). Pub. L. 98-577 added subpars. (D) and (E).
    Cls. (4), (5). Pub. L. 98-525 added cls. (4) and (5).
    1980--Cl. (1). Pub. L. 96-513 substituted ``Secretary of 
Transportation'' for ``Secretary of the Treasury''.
    1958--Cl. (1). Pub. L. 85-568 substituted ``Administrator of the 
National Aeronautics and Space Administration'' for ``Executive 
Secretary of the National Advisory Committee for Aeronautics'', in cl. 
(1).
    Cl. (3). Pub. L. 85-861 substituted ``section 2305 of this title'' 
for ``section 2305(a) and (b) of this title''.


                    Effective Date of 1996 Amendment

    For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under 
section 251 of Title 41, Public Contracts.


                    Effective Date of 1994 Amendment

    For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under 
section 251 of Title 41, Public Contracts.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-369 applicable with respect to any 
solicitation for bids or proposals issued after Mar. 31, 1985, see 
section 2751 of Pub. L. 98-369, set out as a note under section 251 of 
Title 41, Public Contracts.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


                    Effective Date of 1958 Amendment

    Section 301(e) of Pub. L. 85-568 provided that: ``This section 
[amending this section, section 2303 of this title, section 22-1 of 
former Title 5, and sections 511 to 513 and 515 of Title 50, War and 
National Defense, and enacting provisions set out as a note under 
section 2472 of Title 42, The Public Health and Welfare] shall take 
effect ninety days after the date of the enactment of this Act [July 29, 
1958], or on any earlier date on which the Administrator [of the 
National Aeronautics and Space Administration] shall determine, and 
announce by proclamation published in the Federal Register, that the 
Administration has been organized and is prepared to discharge the 
duties and exercise the powers conferred upon it by this Act.''


                      Short Title of 1986 Amendment

    Section 101(c) [title X, Sec. 900] of Pub. L. 99-500 and Pub. L. 99-
591, and section 900 of title IX of division A of Pub. L. 99-661, 
renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 
273, provided that: ``This title [enacting sections 133a, 2306a, 2325-
2328, 2365-2367, 2397b, 2397c, 2408, 2409, 2416, and 2435-2437 of this 
title, amending sections 133, 134, 135, 138, 171, 1622, 2301, 2304, 
2305, 2306, 2320, 2321, 2323, 2384, 2406, 2411, 2413, 2432, and 2433 of 
this title, sections 5314 and 5315 of Title 5, Government Organization 
and Employees, sections 632, 637, and 644 of Title 15, Commerce and 
Trade, and section 416 of Title 41, Public Contracts, renumbering 
section 2416 as 2417 of this title, enacting provisions set out as notes 
under sections 113, 1621, 2304, 2305, 2306a, 2320, 2323, 2325-2328, 
2365-2367, 2384, 2397b, 2406, 2408, 2409, 2416, 2432, 2435-2437 of this 
title and section 632 of Title 15, amending provisions set out as a note 
under this section, and repealing provisions set out as notes under 
section 2304 and 2397a of this title] may be cited as the `Defense 
Acquisition Improvement Act of 1986'.''


                      Short Title of 1985 Amendment

    Pub. L. 99-145, title IX, Sec. 901, Nov. 8, 1985, 99 Stat. 682, 
provided that: ``This title [enacting sections 1621 to 1624, 2305a, 
2324, 2397a, and 2406 of this title, amending sections 2304, 2313, 2320, 
2323, 2397, and 2411 to 2415 of this title, section 759 of Title 40, 
Public Buildings, Property, and Works, sections 253 and 418a of Title 
41, Public Contracts, and section 2168 of Title 50, Appendix, War and 
National Defense, enacting provisions set out as notes under this 
section and sections 139, 139c, 1622 to 1624, 2304, 2305a, 2307, 2324, 
2397a, and 2411 of this title, section 287 of Title 18, Crimes and 
Criminal Procedure, section 3729 of Title 31, Money and Finance, and 
section 2168 of Title 50, Appendix, and amending provisions set out as a 
note under section 418a of Title 41] may be cited as the `Defense 
Procurement Improvement Act of 1985'.''


                      Short Title of 1984 Amendment

    Section 1201 of title XII of Pub. L. 98-525 provided that: ``This 
title [enacting sections 2303a, 2317 to 2323, 2384a, 2402 to 2405, and 
2411 to 2416 of this title, amending sections 139a, 139b, 2302, 2305, 
2311, 2384, and 2401 of this title, enacting provisions set out as notes 
under this section and sections 139, 139a, 2303a, 2305, 2318, 2319, 
2322, 2323, 2384, 2384a, 2392, and 2402 of this title, amending 
provisions set out as notes under sections 2392, 2401, and 2452 of this 
title, and repealing provisions set out as notes under section 2304 of 
this title] may be cited as the `Defense Procurement Reform Act of 
1984'.''


                Improvements in Procurements of Services

    Pub. L. 106-398, Sec. 1 [[div. A], title VIII, Sec. 821], Oct. 30, 
2000, 114 Stat. 1654, 1654A-217, provided that:
    ``(a) Preference for Performance-Based Service Contracting.--Not 
later than 180 days after the date of the enactment of this Act [Oct. 
30, 2000], the Federal Acquisition Regulation issued in accordance with 
sections 6 and 25 of the Office of Federal Procurement Policy Act (41 
U.S.C. 405 and 421) shall be revised to establish a preference for use 
of contracts and task orders for the purchase of services in the 
following order of precedence:
        ``(1) A performance-based contract or performance-based task 
    order that contains firm fixed prices for the specific tasks to be 
    performed.
        ``(2) Any other performance-based contract or performance-based 
    task order.
        ``(3) Any contract or task order that is not a performance-based 
    contract or a performance-based task order.
    ``(b) Incentive for Use of Performance-Based Service Contracts.--(1) 
A Department of Defense performance-based service contract or 
performance-based task order may be treated as a contract for the 
procurement of commercial items if--
        ``(A) the contract or task order is valued at $5,000,000 or 
    less;
        ``(B) the contract or task order sets forth specifically each 
    task to be performed and, for each task--
            ``(i) defines the task in measurable, mission-related terms;
            ``(ii) identifies the specific end products or output to be 
        achieved; and
            ``(iii) contains a firm fixed price; and
        ``(C) the source of the services provides similar services 
    contemporaneously to the general public under terms and conditions 
    similar to those offered to the Federal Government.
    ``(2) The special simplified procedures provided in the Federal 
Acquisition Regulation pursuant to section 2304(g)(1)(B) of title 10, 
United States Code, shall not apply to a performance-based service 
contract or performance-based task order that is treated as a contract 
for the procurement of commercial items under paragraph (1).
    ``(3) Not later than 2 years after the date of the enactment of this 
Act [Oct. 30, 2000], the Comptroller General shall submit a report on 
the implementation of this subsection to the congressional defense 
committees [Committees on Armed Services and Appropriations of the 
Senate and the House of Representatives].
    ``(4) The authority under this subsection shall not apply to 
contracts entered into or task orders issued more than 3 years after the 
date of the enactment of this Act.
    ``(c) Centers of Excellence in Service Contracting.--Not later than 
180 days after the date of the enactment of this Act [Oct. 30, 2000], 
the Secretary of each military department shall establish at least one 
center of excellence in contracting for services. Each center of 
excellence shall assist the acquisition community by identifying, and 
serving as a clearinghouse for, best practices in contracting for 
services in the public and private sectors.
    ``(d) Enhanced Training in Service Contracting.--(1) The Secretary 
of Defense shall ensure that classes focusing specifically on 
contracting for services are offered by the Defense Acquisition 
University and the Defense Systems Management College and are otherwise 
available to contracting personnel throughout the Department of Defense.
    ``(2) The Secretary of each military department and the head of each 
Defense Agency shall ensure that the personnel of the department or 
agency, as the case may be, who are responsible for the awarding and 
management of contracts for services receive appropriate training that 
is focused specifically on contracting for services.
    ``(e) Definitions.--In this section:
        ``(1) The term `performance-based', with respect to a contract, 
    a task order, or contracting, means that the contract, task order, 
    or contracting, respectively, includes the use of performance work 
    statements that set forth contract requirements in clear, specific, 
    and objective terms with measurable outcomes.
        ``(2) The term `commercial item' has the meaning given the term 
    in section 4(12) of the Office of Federal Procurement Policy Act (41 
    U.S.C. 403(12)).
        ``(3) The term `Defense Agency' has the meaning given the term 
    in section 101(a)(11) of title 10, United States Code.''


 Program To Increase Business Innovation in Defense Acquisition Programs

    Pub. L. 106-65, div. A, title VIII, Sec. 812(a)-(c), (e), Oct. 5, 
1999, 113 Stat. 709, 710, provided that:
    ``(a) Requirement To Develop Plan.--Not later than March 1, 2000, 
the Secretary of Defense shall publish in the Federal Register for 
public comment a plan to provide for increased innovative technology for 
acquisition programs of the Department of Defense from commercial 
private sector entities, including small-business concerns.
    ``(b) Implementation of Plan.--Not later than March 1, 2001, the 
Secretary of Defense shall implement the plan required by subsection 
(a), subject to any modifications the Secretary may choose to make in 
response to comments received.
    ``(c) Elements of Plan.--The plan required by subsection (a) shall 
include, at a minimum, the following elements:
        ``(1) Procedures through which commercial private sector 
    entities, including small-business concerns, may submit proposals 
    recommending cost-saving and innovative ideas to acquisition program 
    managers.
        ``(2) A review process designed to make recommendations on the 
    merit and viability of the proposals submitted under paragraph (1) 
    at appropriate times during the acquisition cycle.
        ``(3) Measures to limit potential disruptions to existing 
    contracts and programs from proposals accepted and incorporated into 
    acquisition programs of the Department of Defense.
        ``(4) Measures to ensure that research and development efforts 
    of small-business concerns are considered as early as possible in a 
    program's acquisition planning process to accommodate potential 
    technology insertion without disruption to existing contracts and 
    programs.
    ``(e) Small-Business Concern Defined.--In this section, the term 
`small-business concern' has the same meaning as the meaning of such 
term as used in the Small Business Act (15 U.S.C. 631 et seq.).''


                      Year 2000 Software Conversion

    Section 831 of Pub. L. 104-201 provided that:
    ``(a) Year 2000 Software Conversion.--The Secretary of Defense shall 
ensure that, as soon as practicable, all information technology acquired 
by the Department of Defense pursuant to contracts entered into after 
September 30, 1996, has the capabilities to process date and date-
related data in 2000.
    ``(b) Assessment.--The Secretary, acting through the chief 
information officers within the department (as designated pursuant to 
section 3506 of title 44, United States Code), shall assess all 
information technology within the Department of Defense to determine the 
extent to which such technology has the capabilities to operate 
effectively.
    ``(c) Plan.--Not later than January 1, 1997, the Secretary shall 
submit to Congress a detailed plan for eliminating any deficiencies 
identified pursuant to subsection (b). The plan shall include--
        ``(1) a list of affected major systems;
        ``(2) a description of how the deficiencies could affect the 
    national security of the United States; and
        ``(3) an estimate and prioritization of the resources that are 
    necessary to eliminate the deficiencies.''


                   Defense Facility-Wide Pilot Program

    Section 822 of Pub. L. 104-106, as amended by Pub. L. 106-65, div. 
A, title X, Sec. 1067(6), Oct. 5, 1999, 113 Stat. 774, provided that:
    ``(a) Authority To Conduct Defense Facility-Wide Pilot Program.--The 
Secretary of Defense may conduct a pilot program, to be known as the 
`defense facility-wide pilot program', for the purpose of determining 
the potential for increasing the efficiency and effectiveness of the 
acquisition process in facilities by using commercial practices on a 
facility-wide basis.
    ``(b) Designation of Participating Facilities.--(1) Subject to 
paragraph (2), the Secretary may designate up to two facilities as 
participants in the defense facility-wide pilot program.
    ``(2) The Secretary may designate for participation in the pilot 
program only those facilities that are authorized to be so designated in 
a law authorizing appropriations for national defense programs that is 
enacted after the date of the enactment of this Act [Feb. 10, 1996].
    ``(c) Scope of Program.--At a facility designated as a participant 
in the pilot program, the pilot program shall consist of the following:
        ``(1) All contracts and subcontracts for defense supplies and 
    services that are performed at the facility.
        ``(2) All Department of Defense contracts and all subcontracts 
    under Department of Defense contracts performed elsewhere that the 
    Secretary determines are directly and substantially related to the 
    production of defense supplies and services at the facility and are 
    necessary for the pilot program.
    ``(d) Criteria for Designation of Participating Facilities.--The 
Secretary shall establish criteria for selecting a facility for 
designation as a participant in the pilot program. In developing such 
criteria, the Secretary shall consider the following:
        ``(1) The number of existing and anticipated contracts and 
    subcontracts performed at the facility--
            ``(A) for which contractors are required to provide 
        certified cost or pricing data pursuant to section 2306a of 
        title 10, United States Code; and
            ``(B) which are administered with the application of cost 
        accounting standards under section 26(f) of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 422(f)).
        ``(2) The relationship of the facility to other organizations 
    and facilities performing under contracts with the Department of 
    Defense and subcontracts under such contracts.
        ``(3) The impact that the participation of the facility under 
    the pilot program would have on competing domestic manufacturers.
        ``(4) Such other factors as the Secretary considers appropriate.
    ``(e) Notification.--(1) The Secretary shall transmit to the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a written notification of each 
facility proposed to be designated by the Secretary for participation in 
the pilot program.
    ``(2) The Secretary shall include in the notification regarding a 
facility designated for participation in the program a management plan 
addressing the following:
        ``(A) The proposed treatment of research and development 
    contracts or subcontracts to be performed at the facility during the 
    pilot program.
        ``(B) The proposed treatment of the cost impact of the use of 
    commercial practices on the award and administration of contracts 
    and subcontracts performed at the facility.
        ``(C) The proposed method for reimbursing the contractor for 
    existing and new contracts.
        ``(D) The proposed method for measuring the performance of the 
    facility for meeting the management goals of the Secretary.
        ``(E) Estimates of the annual amount and the total amount of the 
    contracts and subcontracts covered under the pilot program.
    ``(3)(A) The Secretary shall ensure that the management plan for a 
facility provides for attainment of the following objectives:
        ``(i) A significant reduction of the cost to the Government for 
    programs carried out at the facility.
        ``(ii) A reduction of the schedule associated with programs 
    carried out at the facility.
        ``(iii) An increased use of commercial practices and procedures 
    for programs carried out at the facility.
        ``(iv) Protection of a domestic manufacturer competing for 
    contracts at such facility from being placed at a significant 
    competitive disadvantage by the participation of the facility in the 
    pilot program.
    ``(B) The management plan for a facility shall also require that all 
or substantially all of the contracts to be awarded and performed at the 
facility after the designation of that facility under subsection (b), 
and all or substantially all of the subcontracts to be awarded under 
those contracts and performed at the facility after the designation, 
be--
        ``(i) for the production of supplies or services on a firm-fixed 
    price basis;
        ``(ii) awarded without requiring the contractors or 
    subcontractors to provide certified cost or pricing data pursuant to 
    section 2306a of title 10, United States Code; and
        ``(iii) awarded and administered without the application of cost 
    accounting standards under section 26(f) of the Office of Federal 
    Procurement Policy Act (41 U.S.C. 422(f)).
    ``(f) Exemption From Certain Requirements.--In the case of a 
contract or subcontract that is to be performed at a facility designated 
for participation in the defense facility-wide pilot program and that is 
subject to section 2306a of title 10, United States Code, or section 
26(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 
422(f)), the Secretary of Defense may exempt such contract or 
subcontract from the requirement to obtain certified cost or pricing 
data under such section 2306a or the requirement to apply mandatory cost 
accounting standards under such section 26(f) if the Secretary 
determines that the contract or subcontract--
        ``(1) is within the scope of the pilot program (as described in 
    subsection (c)); and
        ``(2) is fairly and reasonably priced based on information other 
    than certified cost and pricing data.
    ``(g) Special Authority.--The authority provided under subsection 
(a) includes authority for the Secretary of Defense--
        ``(1) to apply any amendment or repeal of a provision of law 
    made in this Act [see Tables for classification] to the pilot 
    program before the effective date of such amendment or repeal; and
        ``(2) to apply to a procurement of items other than commercial 
    items under such program--
            ``(A) the authority provided in section 34 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 430) to waive a 
        provision of law in the case of commercial items, and
            ``(B) any exception applicable under this Act or the Federal 
        Acquisition Streamlining Act of 1994 (Public Law 103-355) [see 
        Tables for classification] (or an amendment made by a provision 
        of either Act) in the case of commercial items,
    before the effective date of such provision (or amendment) to the 
    extent that the Secretary determines necessary to test the 
    application of such waiver or exception to procurements of items 
    other than commercial items.
    ``(h) Applicability.--(1) Subsections (f) and (g) apply to the 
following contracts, if such contracts are within the scope of the pilot 
program at a facility designated for the pilot program under subsection 
(b):
        ``(A) A contract that is awarded or modified during the period 
    described in paragraph (2).
        ``(B) A contract that is awarded before the beginning of such 
    period, that is to be performed (or may be performed), in whole or 
    in part, during such period, and that may be modified as appropriate 
    at no cost to the Government.
    ``(2) The period referred to in paragraph (1), with respect to a 
facility designated under subsection (b), is the period that--
        ``(A) begins 45 days after the date of the enactment of the Act 
    authorizing the designation of that facility in accordance with 
    paragraph (2) of such subsection; and
        ``(B) ends on September 30, 2000.
    ``(i) Commercial Practices Encouraged.--With respect to contracts 
and subcontracts within the scope of the defense facility-wide pilot 
program, the Secretary of Defense may, to the extent the Secretary 
determines appropriate and in accordance with applicable law, adopt 
commercial practices in the administration of contracts and 
subcontracts. Such commercial practices may include the following:
        ``(1) Substitution of commercial oversight and inspection 
    procedures for Government audit and access to records.
        ``(2) Incorporation of commercial oversight, inspection, and 
    acceptance procedures.
        ``(3) Use of alternative dispute resolution techniques 
    (including arbitration).
        ``(4) Elimination of contract provisions authorizing the 
    Government to make unilateral changes to contracts.''


  Elimination of Use of Class I Ozone-Depleting Substances in Certain 
                     Military Procurement Contracts

    Section 326 of Pub. L. 102-484, as amended by Pub. L. 104-106, div. 
A, title XV, Secs. 1502(c)(2)(A), 1504(c)(1), Feb. 10, 1996, 110 Stat. 
506, 514; Pub. L. 106-65, div. A, title X, Sec. 1067(8), Oct. 5, 1999, 
113 Stat. 774, provided that:
    ``(a) Elimination of Use of Class I Ozone-Depleting Substances.--(1) 
No Department of Defense contract awarded after June 1, 1993, may 
include a specification or standard that requires the use of a class I 
ozone-depleting substance or that can be met only through the use of 
such a substance unless the inclusion of the specification or standard 
in the contract is approved by the senior acquisition official for the 
procurement covered by the contract. The senior acquisition official may 
grant the approval only if the senior acquisition official determines 
(based upon the certification of an appropriate technical representative 
of the official) that a suitable substitute for the class I ozone-
depleting substance is not currently available.
    ``(2)(A)(i) Not later than 60 days after the completion of the first 
modification, amendment, or extension after June 1, 1993, of a contract 
referred to in clause (ii), the senior acquisition official (or the 
designee of that official) shall carry out an evaluation of the contract 
in order to determine--
        ``(I) whether the contract includes a specification or standard 
    that requires the use of a class I ozone-depleting substance or can 
    be met only through the use of such a substance; and
        ``(II) in the event of a determination that the contract 
    includes such a specification or standard, whether the contract can 
    be carried out through the use of an economically feasible 
    substitute for the ozone-depleting substance or through the use of 
    an economically feasible alternative technology for a technology 
    involving the use of the ozone-depleting substance.
    ``(ii) A contract referred to in clause (i) is any contract in an 
amount in excess of $10,000,000 that--
        ``(I) was awarded before June 1, 1993; and
        ``(II) as a result of the modification, amendment, or extension 
    described in clause (i), will expire more than 1 year after the 
    effective date of the modification, amendment, or extension.
    ``(iii) A contract under evaluation under clause (i) may not be 
further modified, amended, or extended until the evaluation described in 
that clause is complete.
    ``(B) If the acquisition official (or designee) determines that an 
economically feasible substitute substance or alternative technology is 
available for use in a contract under evaluation, the appropriate 
contracting officer shall enter into negotiations to modify the contract 
to require the use of the substitute substance or alternative 
technology.
    ``(C) A determination that a substitute substance or technology is 
not available for use in a contract under evaluation shall be made in 
writing by the senior acquisition official (or designee).
    ``(D) The Secretary of Defense may, consistent with the Federal 
Acquisition Regulation, adjust the price of a contract modified under 
subparagraph (B) to take into account the use by the contractor of a 
substitute substance or alternative technology in the modified contract.
    ``(3) The senior acquisition official authorized to grant an 
approval under paragraph (1) and the senior acquisition official and 
designees authorized to carry out an evaluation and make a determination 
under paragraph (2) shall be determined under regulations prescribed by 
the Secretary of Defense. A senior acquisition official may not delegate 
the authority provided in paragraph (1).
    ``(4) Each official who grants an approval authorized under 
paragraph (1) or makes a determination under paragraph (2)(B) shall 
submit to the Secretary of Defense a report on that approval or 
determination, as the case may be, as follows:
        ``(A) Beginning on October 1, 1993, and continuing for 8 
    calendar quarters thereafter, by submitting a report on the 
    approvals granted or determinations made under such authority during 
    the preceding quarter not later than 30 days after the end of such 
    quarter.
        ``(B) Beginning on January 1, 1997, and continuing for 4 years 
    thereafter, by submitting a report on the approvals granted or 
    determinations made under such authority during the preceding year 
    not later than 30 days after the end of such year.
    ``(5) The Secretary shall promptly transmit to the Committee on 
Armed Services of the Senate and the Committee on Armed Services of the 
House of Representatives each report submitted to the Secretary under 
paragraph (4). The Secretary shall transmit the report in classified and 
unclassified forms.
    ``(b) Cost Recovery.--In any case in which a Department of Defense 
contract is modified or a specification or standard for such a contract 
is waived at the request of a contractor in order to permit the 
contractor to use in the performance of the contract a substitute for a 
class I ozone-depleting substance or an alternative technology for a 
technology involving the use of a class I ozone-depleting substance, the 
Secretary of Defense may adjust the price of the contract in a manner 
consistent with the Federal Acquisition Regulation.
    ``(c) Definitions.--In this section:
        ``(1) The term `class I ozone-depleting substance' means any 
    substance listed under section 602(a) of the Clean Air Act (42 
    U.S.C. 7671a(a)).
        ``(2) The term `Federal Acquisition Regulation' means the single 
    Government-wide procurement regulation issued under section 25(c) of 
    the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)).''


          Payment Protections for Subcontractors and Suppliers

    Pub. L. 102-190, div. A, title VIII, Sec. 806, Dec. 5, 1991, 105 
Stat. 1417, as amended by Pub. L. 102-484, div. A, title X, 
Sec. 1053(5), Oct. 23, 1992, 106 Stat. 2502; Pub. L. 103-355, title II, 
Sec. 2091, title VIII, Sec. 8105(k), Oct. 13, 1994, 108 Stat. 3306, 
3393, provided that:
    ``(a) Regulations.--The Secretary of Defense shall prescribe in 
regulations the following requirements:
        ``(1) Information provided by department of defense relating to 
    payment.--(A) Subject to section 552(b)(1) of title 5, United States 
    Code, upon the request of a subcontractor or supplier of a 
    contractor performing a Department of Defense contract, the 
    Department of Defense shall promptly make available to such 
    subcontractor or supplier the following information:
            ``(i) Whether requests for progress payments or other 
        payments have been submitted by the contractor to the Department 
        of Defense in connection with that contract.
            ``(ii) Whether final payment to the contractor has been made 
        by the Department of Defense in connection with that contract.
        ``(B) This paragraph shall apply with respect to any Department 
    of Defense contract that is in effect on the date which is 270 days 
    after the date of enactment of this Act [Dec. 5, 1991] or that is 
    awarded after such date.
        ``(2) Information provided by department of defense relating to 
    payment bonds.--(A) Upon the request of a subcontractor or supplier 
    described in subparagraph (B), the Department of Defense shall 
    promptly make available to such subcontractor or supplier any of the 
    following:
            ``(i) The name and address of the surety or sureties on the 
        payment bond.
            ``(ii) The penal amount of the payment bond.
            ``(iii) A copy of the payment bond.
        ``(B) Subparagraph (A) applies to--
            ``(i) a subcontractor or supplier having a subcontract, 
        purchase order, or other agreement to furnish labor or material 
        for the performance of a Department of Defense contract with 
        respect to which a payment bond has been furnished to the United 
        States pursuant to the Miller Act; and
            ``(ii) a prospective subcontractor or supplier offering to 
        furnish labor or material for the performance of such a 
        Department of Defense contract.
        ``(C) With respect to the information referred to in 
    subparagraphs (A)(i) and (A)(ii), the regulations shall include 
    authority for such information to be provided verbally to the 
    subcontractor or supplier.
        ``(D) With respect to the information referred to in 
    subparagraph (A)(iii), the regulations may impose reasonable fees to 
    cover the cost of copying and providing requested bonds.
        ``(E) This paragraph shall apply with respect to any Department 
    of Defense contract covered by the Miller Act that is in effect on 
    the date which is 270 days after the date of enactment of this Act 
    [Dec. 5, 1991] or that is awarded after such date.
        ``(3) Information provided by contractors relating to payment 
    bonds.--(A) Upon the request of a prospective subcontractor or 
    supplier offering to furnish labor or material for the performance 
    of a Department of Defense contract with respect to which a payment 
    bond has been furnished to the United States pursuant to the Miller 
    Act, the contractor shall promptly make available to such 
    prospective subcontractor or supplier a copy of the payment bond.
        ``(B) This paragraph shall apply with respect to any Department 
    of Defense contract covered by the Miller Act for which a 
    solicitation is issued after the expiration of the 60-day period 
    beginning on the effective date of the regulations promulgated under 
    this subsection.
        ``(4) Procedures relating to compliance with payment terms.--(A) 
    Under procedures established in the regulations, upon the assertion 
    by a subcontractor or supplier of a contractor performing a 
    Department of Defense contract that the subcontractor or supplier 
    has not been paid by the prime contractor in accordance with the 
    payment terms of the subcontract, purchase order, or other agreement 
    with the prime contractor, the contracting officer may determine the 
    following:
            ``(i) With respect to a construction contract, whether the 
        contractor has made progress payments to the subcontractor or 
        supplier in compliance with chapter 39 of title 31, United 
        States Code.
            ``(ii) With respect to a contract other than a construction 
        contract, whether the contractor has made progress or other 
        payments to the subcontractor or supplier in compliance with the 
        terms of the subcontract, purchase order, or other agreement 
        with the prime contractor.
            ``(iii) With respect to either a construction contract or a 
        contract other than a construction contract, whether the 
        contractor has made final payment to the subcontractor or 
        supplier in compliance with the terms of the subcontract, 
        purchase order, or other agreement with the prime contractor.
            ``(iv) With respect to either a construction contract or a 
        contract other than a construction contract, whether any 
        certification of payment of the subcontractor or supplier 
        accompanying the contractor's payment request to the Government 
        is accurate.
        ``(B) If the contracting officer determines that the prime 
    contractor is not in compliance with any matter referred to in 
    clause (i), (ii), or (iii) of subparagraph (A), the contracting 
    officer may, under procedures established in the regulations--
            ``(i) encourage the prime contractor to make timely payment 
        to the subcontractor or supplier; or
            ``(ii) reduce or suspend progress payments with respect to 
        amounts due to the prime contractor.
        ``(C) If the contracting officer determines that a certification 
    referred to in clause (iv) of subparagraph (A) is inaccurate in any 
    material respect, the contracting officer shall, under procedures 
    established in the regulations, initiate appropriate administrative 
    or other remedial action.
        ``(D) This paragraph shall apply with respect to any Department 
    of Defense contract that is in effect on the date of promulgation of 
    the regulations under this subsection or that is awarded after such 
    date.
    ``(b) Inapplicability to Certain Contracts.--Regulations prescribed 
under this section shall not apply to a contract for the acquisition of 
commercial items (as defined in section 4(12) of the Office of Federal 
Procurement Policy Act [41 U.S.C. 403(12)]).
    ``(c) Government-Wide Applicability.--The Federal Acquisition 
Regulatory Council (established by section 25(a) of the Office of 
Federal Procurement Policy Act) shall modify the Federal Acquisition 
Regulation (issued pursuant to section 25(c)(1) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 421(c)(1)) to apply Government-wide 
the requirements that the Secretary is required under subsection (a) to 
prescribe in regulations applicable with respect to the Department of 
Defense contracts.
    ``(d) Assistance to Small Business Concerns.--[Amended section 
15(k)(5) of the Small Business Act (15 U.S.C. 644(k)(5)).]
    ``(e) GAO Report.--(1) The Comptroller General of the United States 
shall conduct an assessment of the matters described in paragraph (2) 
and submit a report pursuant to paragraph (3).
    ``(2) In addition to such other related matters as the Comptroller 
General considers appropriate, the matters to be assessed pursuant to 
paragraph (1) are the following:
        ``(A) Timely payment of progress or other periodic payments to 
    subcontractors and suppliers by prime contractors on Federal 
    contracts by--
            ``(i) identifying all existing statutory and regulatory 
        provisions, categorized by types of contracts covered by such 
        provisions;
            ``(ii) evaluating the feasibility and desirability of 
        requiring that a prime contractor (other than a construction 
        prime contractor subject to the provisions of sections 3903(b) 
        and 3905 of title 31, United States Code) be required to--
                ``(I) include in its subcontracts a payment term 
            requiring payment within 7 days (or some other fixed term) 
            after receiving payment from the Government; and
                ``(II) submit with its payment request to the Government 
            a certification that it has timely paid its subcontractors 
            in accordance with their subcontracts from funds previously 
            received as progress payments and will timely make required 
            payments to such subcontractors from the proceeds of the 
            progress payment covered by the certification;
            ``(iii) evaluating the feasibility and desirability of 
        requiring that all prime contractors (other than a construction 
        prime contractor subject to the provisions of sections 3903(b) 
        and 3905 of title 31, United States Code) furnish with its 
        payment request to the Government proof of payment of the 
        amounts included in such payment request for payments made to 
        subcontractors and suppliers;
            ``(iv) evaluating the feasibility and desirability of 
        requiring a prime contractor to establish an escrow account at a 
        federally insured financial institution and requiring direct 
        disbursements to subcontractors and suppliers of amounts 
        certified by the prime contractor in its payment request to the 
        Government as being payable to such subcontractors and suppliers 
        in accordance with their subcontracts; and
            ``(v) evaluating the feasibility and desirability of 
        requiring direct disbursement of amounts certified by a prime 
        contractor as being payable to its subcontractors and suppliers 
        in accordance with their subcontracts (using techniques such as 
        joint payee checks, escrow accounts, or direct payment by the 
        Government), if the contracting officer has determined that the 
        prime contractor is failing to make timely payments to its 
        subcontractors and suppliers.
        ``(B) Payment protection of subcontractors and suppliers through 
    the use of payment bonds or alternatives methods by--
            ``(i) evaluating the effectiveness of the modifications to 
        part 28.2 of the Federal Acquisition Regulation Part 28.2 (48 
        C.F.R. 28.200) relating to the use of individual sureties, which 
        became effective February 26, 1990;
            ``(ii) evaluating the effectiveness of requiring payment 
        bonds pursuant to the Miller Act as a means of affording 
        protection to construction subcontractors and suppliers relating 
        to receiving--
                ``(I) timely payment of progress payments due in 
            accordance with their subcontracts; and
                ``(II) ultimate payment of such amounts due;
            ``(iii) evaluating the feasibility and desirability of 
        increasing the payment bond amounts required under the Miller 
        Act from the current maximum amounts to an amount equal to 100 
        percent of the amount of the contract;
            ``(iv) evaluating the feasibility and desirability of 
        requiring payment bonds for supply and services contracts (other 
        than construction), and, if feasible and desirable, the amounts 
        of such bonds; and
            ``(v) evaluating the feasibility and desirability of using 
        letters of credit issued by federally insured financial 
        institutions (or other alternatives) as substitutes for payment 
        bonds in providing payment protection to subcontractors and 
        suppliers on construction contracts (and other contracts).
        ``(C) Any evaluation of feasibility and desirability carried out 
    pursuant to subparagraph (A) or (B) shall include the 
    appropriateness of--
            ``(i) any differential treatment of, or impact on, small 
        business concerns as opposed to concerns other than small 
        business concerns;
            ``(ii) any differential treatment of subcontracts relating 
        to commercial products entered into by the contractor in 
        furtherance of its non-Government business, especially those 
        subcontracts entered into prior to the award of a contract by 
        the Government; and
            ``(iii) extending the protections regarding payment to all 
        tiers of subcontractors or restricting them to first-tier 
        subcontractors and direct suppliers.
    ``(3) The report required by paragraph (1) shall include a 
description of the results of the assessment carried out pursuant to 
paragraph (2) and may include recommendations pertaining to any of the 
following:
        ``(A) Statutory and regulatory changes providing payment 
    protections for subcontractors and suppliers (other than a 
    construction prime contractor subject to the provisions of sections 
    3903(b) and 3905 of title 31, United States Code) that the 
    Comptroller General believes to be desirable and feasible.
        ``(B) Proposals to assess the desirability and utility of a 
    specific payment protection on a test basis.
        ``(C) Such other recommendations as the Comptroller General 
    considers appropriate in light of the matters assessed pursuant to 
    paragraph (2).
    ``(4) The report required by paragraph (1) shall be submitted not 
later than by February 1, 1993, to the Committees on Armed Services and 
on Small Business of the Senate and House of Representatives.
    ``(f) Inspector General Report.--(1) The Inspector General of the 
Department of Defense shall submit to the Secretary of Defense a report 
on payment protections for subcontractors and suppliers under contracts 
entered into with the Department of Defense. The report shall include an 
assessment of the extent to which available judicial and administrative 
remedies, as well as suspension and debarment procedures, have been used 
(or recommended for use) by officials of the Department to deter false 
statements relating to (A) payment bonds provided by individuals 
pursuant to the Miller Act, and (B) certifications pertaining to payment 
requests by construction contractors pursuant to section 3903(b) of 
title 31, United States Code. The assessment shall cover actions taken 
during the period beginning on October 1, 1989, and ending on September 
30, 1992.
    ``(2) The report required by paragraph (1) shall be submitted to the 
Secretary of Defense not later than March 1, 1993. The report may 
include recommendations by the Inspector General on ways to improve the 
effectiveness of existing methods of preventing false statements.
    ``(g) Miller Act Defined.--For purposes of this section, the term 
`Miller Act' means the Act of August 24, 1935 (40 U.S.C. 270a-270d) [40 
U.S.C. 270a to 270d-1].''


      Advisory Panel on Streamlining and Codifying Acquisition Laws

    Pub. L. 101-510, div. A, title VIII, Sec. 800, Nov. 5, 1990, 104 
Stat. 1587, as amended by Pub. L. 103-160, div. A, title IX, 
Sec. 904(f), Nov. 30, 1993, 107 Stat. 1729, directed Under Secretary of 
Defense for Acquisition and Technology, not later than Jan. 15, 1991, to 
establish under sponsorship of Defense Systems Management College an 
advisory panel on streamlining and codifying acquisition laws, to review 
the acquisition laws applicable to Department of Defense with a view 
toward streamlining the defense acquisition process, to make any 
recommendations for repeal or amendment of such laws that the panel 
considers necessary, as a result of such review, and to prepare a 
proposed code of relevant acquisition laws, directed the advisory panel, 
not later than Dec. 15, 1992, to transmit a final report on the actions 
of the panel to the Under Secretary of Defense for Acquisition and 
Technology, and directed the Secretary of Defense, not later than Jan. 
15, 1993, to transmit the final report, together with such comments as 
he deems appropriate, to Congress.


                      Mentor-Protege Pilot Program

    Pub. L. 106-65, div. A, title VIII, Sec. 811(d)(2), (3), Oct. 5, 
1999, 113 Stat. 708, 709, provided that:
    ``(2)(A) The Secretary of Defense shall conduct a review of the 
Mentor-Protege Program established in section 831 of the National 
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 
U.S.C. 2302 note) to assess the feasibility of transitioning such 
program to operation without a specific appropriation or authority to 
provide reimbursement to a mentor firm as provided in subsection (g) of 
such section (as amended by subsection (b)).
    ``(B) In conducting the review under subparagraph (A), the Secretary 
shall assess possible additional incentives that may be extended to 
mentor firms to ensure adequate support and participation in the Mentor-
Protege Program, including increasing the level of credit in lieu of 
subcontract awards presently extended to mentor firms for purposes of 
determining whether mentor firms attain subcontracting participation 
goals applicable under Department of Defense contracts.
    ``(C) Not later than September 30, 2000, the Secretary shall submit 
to the Committees on Armed Services of the Senate and the House of 
Representatives--
        ``(i) a report on the results of the review conducted under this 
    paragraph; and
        ``(ii) any recommendations of the Secretary for legislative 
    action.
    ``(3)(A) The Comptroller General shall conduct a study on the 
implementation of the Mentor-Protege Program established in section 831 
of the National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101-510; 10 U.S.C. 2302 note) and the extent to which the program is 
achieving the purposes established in that section in a cost-effective 
manner.
    ``(B) The study shall include the following:
        ``(i) A review of the manner in which funds for the Mentor-
    Protege Program have been obligated.
        ``(ii) An identification and assessment of the average amount 
    spent by the Department of Defense on individual mentor-protege 
    agreements, and the correlation between levels of funding and 
    business development of protege firms.
        ``(iii) An evaluation of the effectiveness of the incentives 
    provided to mentor firms to participate in the Mentor-Protege 
    Program and whether reimbursements remain a cost-effective and 
    viable incentive.
        ``(iv) An assessment of the success of the Mentor-Protege 
    Program in enhancing the business competitiveness and financial 
    independence of protege firms.
        ``(v) A review of the relationship between the results of the 
    Mentor-Protegee [sic] Program and the objectives established in 
    section 2323 of title 10, United States Code.
    ``(C) Not later than January 1, 2002, the Comptroller General shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives a report on the results of the study.''
    Section 807(a) of Pub. L. 102-484 provided that: ``Within 15 days 
after the date of the enactment of this Act [Oct. 23, 1992], the 
Secretary of Defense shall publish in the Department of Defense 
Supplement to the Federal Acquisition Regulation the Department of 
Defense policy for the pilot Mentor-Protege Program and the regulations, 
directives, and administrative guidance pertaining to such program as 
such policy, regulations, directives, and administrative guidance 
existed on December 6, 1991. Proposed modifications to that policy and 
any amendments of the matters published pursuant to the preceding 
sentence that are proposed in order to implement any of the amendments 
made by this section shall be published for public comment within 60 
days after the date of the enactment of this Act and shall be published 
in final form within 120 days after such date.''

    Pub. L. 101-510, div. A, title VIII, Sec. 831, Nov. 5, 1990, 104 
Stat. 1607, as amended by Pub. L. 102-25, title VII, Sec. 704(c), Apr. 
6, 1991, 105 Stat. 119; Pub. L. 102-172, title VIII, Sec. 8064A, Nov. 
26, 1991, 105 Stat. 1186; Pub. L. 102-190, div. A, title VIII, 
Sec. 814(b), Dec. 5, 1991, 105 Stat. 1425; Pub. L. 102-484, div. A, 
title VIII, Secs. 801(h)(4), 807(b)(1), title X, Sec. 1054(d), Oct. 23, 
1992, 106 Stat. 2445, 2448, 2503; Pub. L. 103-160, div. A, title VIII, 
Sec. 813(b)(1), (c), Nov. 30, 1993, 107 Stat. 1703; Pub. L. 104-106, 
div. A, title VIII, Sec. 824, Feb. 10, 1996, 110 Stat. 399; Pub. L. 104-
201, div. A, title VIII, Sec. 802, Sept. 23, 1996, 110 Stat. 2604; Pub. 
L. 105-85, div. A, title VIII, Sec. 821(a), title X, Sec. 1073(c)(6), 
Nov. 18, 1997, 111 Stat. 1840, 1904; Pub. L. 106-65, div. A, title VIII, 
Sec. 811(a)-(d)(1), (e), Oct. 5, 1999, 113 Stat. 706, 707, 709; Pub. L. 
106-398, Sec. 1 [[div. A], title VIII, Sec. 807], Oct. 30, 2000, 114 
Stat. 1654, 1654A-208, provided that:
    ``(a) Establishment of Pilot Program.--The Secretary of Defense 
shall establish a pilot program to be known as the `Mentor-Protege 
Program'.
    ``(b) Purpose.--The purpose of the program is to provide incentives 
for major Department of Defense contractors to furnish disadvantaged 
small business concerns with assistance designed to enhance the 
capabilities of disadvantaged small business concerns to perform as 
subcontractors and suppliers under Department of Defense contracts and 
other contracts and subcontracts in order to increase the participation 
of such business concerns as subcontractors and suppliers under 
Department of Defense contracts, other Federal Government contracts, and 
commercial contracts.
    ``(c) Program Participants.--(1) A business concern meeting the 
eligibility requirements set out in subsection (d) may enter into 
agreements under subsection (e) and furnish assistance to disadvantaged 
small business concerns upon making application to the Secretary of 
Defense and being approved for participation in the pilot program by the 
Secretary. A business concern participating in the pilot program 
pursuant to such an approval shall be known, for the purposes of the 
program, as a `mentor firm'.
    ``(2) A disadvantaged small business concern eligible for the award 
of Federal contracts may obtain assistance from a mentor firm upon 
entering into an agreement with the mentor firm as provided in 
subsection (e). A disadvantaged small business concern may not be a 
party to more than one agreement to receive such assistance at any time. 
A disadvantaged small business concern receiving such assistance shall 
be known, for the purposes of the program, as a `protege firm'.
    ``(3) In entering into an agreement pursuant to subsection (e), a 
mentor firm may rely in good faith on a written representation of a 
business concern that such business concern is a disadvantaged small 
business concern. The Small Business Administration shall determine the 
status of such business concern as a disadvantaged small business 
concern in the event of a protest regarding the status of such business 
concern. If at any time the business concern is determined by the Small 
Business Administration not to be a disadvantaged small business 
concern, assistance furnished such business concern by the mentor firm 
after the date of the determination may not be considered assistance 
furnished under the program.
    ``(d) Mentor Firm Eligibility.--Subject to subsection (c)(1), a 
mentor firm eligible for award of Federal contracts may enter into an 
agreement with one or more protege firms under subsection (e) and 
provide assistance under the program pursuant to that agreement if--
        ``(1) during the fiscal year preceding the fiscal year in which 
    the mentor firm enters into the agreement, the total amount of the 
    Department of Defense contracts awarded such mentor firm and the 
    subcontracts awarded such mentor firm under Department of Defense 
    contracts was equal to or greater than $100,000,000; or
        ``(2) the mentor firm demonstrates the capability to assist in 
    the development of protege firms, and is approved by the Secretary 
    of Defense pursuant to criteria specified in the regulations 
    prescribed pursuant to subsection (k).
    ``(e) Mentor-Protege Agreement.--Before providing assistance to a 
protege firm under the program, a mentor firm shall enter into a mentor-
protege agreement with the protege firm regarding the assistance to be 
provided by the mentor firm. The agreement shall include the following:
        ``(1) A developmental program for the protege firm, in such 
    detail as may be reasonable, including (A) factors to assess the 
    protege firm's developmental progress under the program, and (B) the 
    anticipated number and type of subcontracts to be awarded the 
    protege firm.
        ``(2) A program participation term for any period of not more 
    than three years, except that the term may be a period of up to five 
    years if the Secretary of Defense determines in writing that unusual 
    circumstances justify a program participation term in excess of 
    three years.
        ``(3) Procedures for the protege firm to terminate the agreement 
    voluntarily and for the mentor firm to terminate the agreement for 
    cause.
    ``(f) Forms of Assistance.--A mentor firm may provide a protege firm 
the following:
        ``(1) Assistance, by using mentor firm personnel, in--
            ``(A) general business management, including organizational 
        management, financial management, and personnel management, 
        marketing, business development, and overall business planning;
            ``(B) engineering and technical matters such as production, 
        inventory control, and quality assurance; and
            ``(C) any other assistance designed to develop the 
        capabilities of the protege firm under the developmental program 
        referred to in subsection (e).
        ``(2) Award of subcontracts on a noncompetitive basis to the 
    protege firm under the Department of Defense or other contracts.
        ``(3) Payment of progress payments for performance of the 
    protege firm under such a subcontract in amounts as provided for in 
    the subcontract, but in no event may any such progress payment 
    exceed 100 percent of the costs incurred by the protege firm for the 
    performance.
        ``(4) Advance payments under such subcontracts.
        ``(5) Loans.
        ``(6) Cash in exchange for an ownership interest in the protege 
    firm, not to exceed 10 percent of the total ownership interest.
        ``(7) Assistance obtained by the mentor firm for the protege 
    firm from one or more of the following--
            ``(A) small business development centers established 
        pursuant to section 21 of the Small Business Act (15 U.S.C. 
        648);
            ``(B) entities providing procurement technical assistance 
        pursuant to chapter 142 of title 10, United States Code; or
            ``(C) a historically Black college or university or a 
        minority institution of higher education.
    ``(g) Incentives for Mentor Firms.--(1) The Secretary of Defense may 
provide to a mentor firm reimbursement for the total amount of any 
progress payment or advance payment made under the program by the mentor 
firm to a protege firm in connection with a Department of Defense 
contract awarded the mentor firm.
    ``(2)(A) The Secretary of Defense may provide to a mentor firm 
reimbursement for the costs of the assistance furnished to a protege 
firm pursuant to paragraphs (1) and (7) of subsection (f) as provided 
for in a line item in a Department of Defense contract under which the 
mentor firm is furnishing products or services to the Department, 
subject to a maximum amount of reimbursement specified in such contract, 
except that this sentence does not apply in a case in which the 
Secretary of Defense determines in writing that unusual circumstances 
justify reimbursement using a separate contract.
    ``(B) The determinations made in annual performance reviews of a 
mentor firm's mentor-protege agreement under subsection (l)(2) shall be 
a major factor in the determinations of amounts of reimbursement, if 
any, that the mentor firm is eligible to receive in the remaining years 
of the program participation term under the agreement.
    ``(C) The total amount reimbursed under this paragraph to a mentor 
firm for costs of assistance furnished in a fiscal year to a protege 
firm may not exceed $1,000,000, except in a case in which the Secretary 
of Defense determines in writing that unusual circumstances justify a 
reimbursement of a higher amount.
    ``(3)(A) Costs incurred by a mentor firm in providing assistance to 
a protege firm that are not reimbursed pursuant to paragraph (2) shall 
be recognized as credit in lieu of subcontract awards for purposes of 
determining whether the mentor firm attains a subcontracting 
participation goal applicable to such mentor firm under a Department of 
Defense contract, under a contract with another executive agency, or 
under a divisional or company-wide subcontracting plan negotiated with 
the Department of Defense or another executive agency.
    ``(B) The amount of the credit given a mentor firm for any such 
unreimbursed costs shall be equal to--
        ``(i) four times the total amount of such costs attributable to 
    assistance provided by entities described in subsection (f)(7);
        ``(ii) three times the total amount of such costs attributable 
    to assistance furnished by the mentor firm's employees; and
        ``(iii) two times the total amount of any other such costs.
    ``(C) Under regulations prescribed pursuant to subsection (k), the 
Secretary of Defense shall adjust the amount of credit given a mentor 
firm pursuant to subparagraphs (A) and (B) if the Secretary determines 
that the firm's performance regarding the award of subcontracts to 
disadvantaged small business concerns has declined without justifiable 
cause.
    ``(4) A mentor firm shall receive credit toward the attainment of a 
subcontracting participation goal applicable to such mentor firm for 
each subcontract for a product or service awarded under such contract by 
a mentor firm to a business concern that, except for its size, would be 
a small business concern owned and controlled by socially and 
economically disadvantaged individuals, but only if--
        ``(A) the size of such business concern is not more than two 
    times the maximum size specified by the Administrator of the Small 
    Business Administration for purposes of determining whether a 
    business concern furnishing such product or service is a small 
    business concern; and
        ``(B) the business concern formerly had a mentor-protege 
    agreement with such mentor firm that was not terminated for cause.
    ``(h) Relationship to Small Business Act.--(1) For purposes of the 
Small Business Act [15 U.S.C. 631 et seq.], no determination of 
affiliation or control (either direct or indirect) may be found between 
a protege firm and its mentor firm on the basis that the mentor firm has 
agreed to furnish (or has furnished) to its protege firm pursuant to a 
mentor-protege agreement any form of developmental assistance described 
in subsection (f).
    ``(2) Notwithstanding section 8 of the Small Business Act (15 U.S.C. 
637), the Small Business Administration may not determine a 
disadvantaged small business concern to be ineligible to receive any 
assistance authorized under the Small Business Act on the basis that 
such business concern has participated in the Mentor-Protege Program or 
has received assistance pursuant to any developmental assistance 
agreement authorized under such program.
    ``(3) The Small Business Administration may not require a firm that 
is entering into, or has entered into, an agreement under subsection (e) 
as a protege firm to submit the agreement, or any other document 
required by the Secretary of Defense in the administration of the 
Mentor-Protege Program, to the Small Business Administration for review, 
approval, or any other purpose.
    ``(i) Participation in Mentor-Protege Program not To Be a Condition 
for Award of a Contract or Subcontract.--A mentor firm may not require a 
business concern to enter into an agreement with the mentor firm 
pursuant to subsection (e) as a condition for being awarded a contract 
by the mentor firm, including a subcontract under a contract awarded to 
the mentor firm.
    ``(j) Expiration of Authority.--(1) No mentor-protege agreement may 
be entered into under subsection (e) after September 30, 2002.
    ``(2) No reimbursement may be paid, and no credit toward the 
attainment of a subcontracting goal may be granted, under subsection (g) 
for any cost incurred after September 30, 2005.
    ``(k) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out the pilot Mentor-Protege Program. Such 
regulations shall include the requirements set forth in section 8(d) of 
the Small Business Act (15 U.S.C. 637(d)) and shall prescribe procedures 
by which mentor firms may terminate participation in the program. The 
Secretary shall publish the proposed regulations not later than the date 
180 days after the date of the enactment of this Act [Nov. 5, 1990]. The 
Secretary shall promulgate the final regulations not later than the date 
270 days after the date of the enactment of this Act. The Department of 
Defense policy regarding the pilot Mentor-Protege Program shall be 
published and maintained as an appendix to the Department of Defense 
Supplement to the Federal Acquisition Regulation.
    ``(l) Reports and Reviews.--(1) The mentor firm and protege firm 
under a mentor-protege agreement shall submit to the Secretary of 
Defense an annual report on the progress made by the protege firm in 
employment, revenues, and participation in Department of Defense 
contracts during the fiscal year covered by the report. The requirement 
for submission of an annual report applies with respect to each fiscal 
year covered by the program participation term under the agreement and 
each of the two fiscal years following the expiration of the program 
participation term. The Secretary shall prescribe the timing and form of 
the annual report.
    ``(2)(A) The Secretary shall conduct an annual performance review of 
each mentor-protege agreement that provides for reimbursement of costs. 
The Secretary shall determine on the basis of the review whether--
        ``(i) all costs reimbursed to the mentor firm under the 
    agreement were reasonably incurred to furnish assistance to the 
    protege firm in accordance with the requirements of this section and 
    applicable regulations; and
        ``(ii) the mentor firm and protege firm accurately reported 
    progress made by the protege firm in employment, revenues, and 
    participation in Department of Defense contracts during the program 
    participation term covered by the mentor-protege agreement and the 
    two fiscal years following the expiration of the program 
    participation term.
    ``(B) The Secretary shall act through the Commander of the Defense 
Contract Management Command in carrying out the reviews and making the 
determinations under subparagraph (A).
    ``(3) Not later than 6 months after the end of each of fiscal years 
2000 through 2004, the Secretary of Defense shall submit to Congress an 
annual report on the Mentor-Protege Program for that fiscal year.
    ``(4) The annual report for a fiscal year shall include, at a 
minimum, the following:
        ``(A) The number of mentor-protege agreements that were entered 
    into during the fiscal year.
        ``(B) The number of mentor-protege agreements that were in 
    effect during the fiscal year.
        ``(C) The total amount reimbursed to mentor firms pursuant to 
    subsection (g) during the fiscal year.
        ``(D) Each mentor-protege agreement, if any, that was approved 
    during the fiscal year in accordance with subsection (e)(2) to 
    provide a program participation term in excess of 3 years, together 
    with the justification for the approval.
        ``(E) Each reimbursement of a mentor firm in excess of the 
    limitation in subsection (g)(2)(C) that was made during the fiscal 
    year pursuant to an approval granted in accordance with that 
    subsection, together with the justification for the approval.
        ``(F) Trends in the progress made in employment, revenues, and 
    participation in Department of Defense contracts by the protege 
    firms participating in the program during the fiscal year and the 
    protege firms that completed or otherwise terminated participation 
    in the program during the preceding two fiscal years.
    ``(m) Definitions.--In this section:
        ``(1) The term `small business concern' means a business concern 
    that meets the requirements of section 3(a) of the Small Business 
    Act (15 U.S.C. 632(a)) and the regulations promulgated pursuant 
    thereto.
        ``(2) The term `disadvantaged small business concern' means:
            ``(A) a small business concern owned and controlled by 
        socially and economically disadvantaged individuals;
            ``(B) a business entity owned and controlled by an Indian 
        tribe as defined by section 8(a)(13) of the Small Business Act 
        (15 U.S.C. 637(a)(13));
            ``(C) a business entity owned and controlled by a Native 
        Hawaiian Organization as defined by section 8(a)(15) of the 
        Small Business Act (15 U.S.C. 637(a)(15));
            ``(D) a qualified organization employing the severely 
        disabled; or
            ``(E) a small business concern owned and controlled by 
        women, as defined in section 8(d)(3)(D) of the Small Business 
        Act (15 U.S.C. 637(d)(3)(D)).
        ``(3) The term `small business concern owned and controlled by 
    socially and economically disadvantaged individuals' has the meaning 
    given such term in section 8(d)(3)(C) of the Small Business Act (15 
    U.S.C. 637(d)(3)(C)).
        ``(4) The term `historically Black college and university' means 
    any of the historically Black colleges and universities referred to 
    in section 2323 of title 10, United States Code.
        ``(5) The term `minority institution of higher education' means 
    an institution of higher education with a student body that reflects 
    the composition specified in section 312(b)(3), (4), and (5) of the 
    Higher Education Act of 1965 (20 U.S.C. 1058(b)(3), (4), and (5)).
        ``(6) The term `subcontracting participation goal', with respect 
    to a Department of Defense contract, means a goal for the extent of 
    the participation by disadvantaged small business concerns in the 
    subcontracts awarded under such contract, as established pursuant to 
    section 2323 of title 10, United States Code, and section 8(d) of 
    the Small Business Act (15 U.S.C. 637(d)).
        ``(7) The term `qualified organization employing the severely 
    disabled' means a business entity operated on a for-profit or 
    nonprofit basis that--
            ``(A) uses rehabilitative engineering to provide employment 
        opportunities for severely disabled individuals and integrates 
        severely disabled individuals into its workforce;
            ``(B) employs severely disabled individuals at a rate that 
        averages not less than 20 percent of its total workforce;
            ``(C) employs each severely disabled individual in its 
        workforce generally on the basis of 40 hours per week; and
            ``(D) pays not less than the minimum wage prescribed 
        pursuant to section 6 of the Fair Labor Standards Act (29 U.S.C. 
        206) to those employees who are severely disabled individuals.
        ``(8) The term `severely disabled individual' means an 
    individual who has a physical or mental disability which constitutes 
    a substantial handicap to employment and which, in accordance with 
    criteria prescribed by the Committee for the Purchase From the Blind 
    and Other Severely Handicapped established by the first section of 
    the Act of June 25, 1938 (41 U.S.C. 46; popularly known as the 
    `Wagner-O'Day Act') [now known as the ``Javits-Wagner-O'Day Act''], 
    is of such a nature that the individual is otherwise prevented from 
    engaging in normal competitive employment.''
    [Pub. L. 106-65, div. A, title VIII, Sec. 811(f), Oct. 5, 1999, 113 
Stat. 709, provided that:
    [``(1) The amendments made by this section [amending section 831 of 
Pub. L. 101-510, set out above] shall take effect on October 1, 1999, 
and shall apply with respect to mentor-protege agreements that are 
entered into under section 831(e) of the National Defense Authorization 
Act for Fiscal Year 1991 [Pub. L. 101-510, set out above] on or after 
that date.
    [``(2) Section 831 of the National Defense Authorization Act for 
Fiscal Year 1991, as in effect on September 30, 1999, shall continue to 
apply with respect to mentor-protege agreements entered into before 
October 1, 1999.'']
    [Section 807(b)(2) of Pub. L. 102-484 provided that: ``The amendment 
made by this subsection [amending section 831 of Pub. L. 101-510, set 
out above] shall take effect as of November 5, 1990.'']


Credit for Indian Contracting in Meeting Certain Minority Subcontracting 
                                  Goals

    Pub. L. 101-189, div. A, title VIII, Sec. 832, Nov. 29, 1989, 103 
Stat. 1508, which provided credit for Indian contracting in meeting 
certain minority contracting goals, was repealed and restated in section 
2323a of this title by Pub. L. 102-484, Sec. 801(g)(1)(B), (h)(5).


Equitable Participation of American Small and Minority-Owned Business in 
                 Furnishing of Commodities and Services

    Pub. L. 101-165, title IX, Sec. 9004, Nov. 21, 1989, 103 Stat. 1129, 
provided that: ``During the current fiscal year and hereafter, the 
Secretary of Defense and each purchasing and contracting agency of the 
Department of Defense shall assist American small and minority-owned 
business to participate equitably in the furnishing of commodities and 
services financed with funds appropriated under this Act [see Tables for 
classification] by increasing, to an optimum level, the resources and 
number of personnel jointly assigned to promoting both small and 
minority business involvement in purchases financed with funds 
appropriated herein, and by making available or causing to be made 
available to such businesses, information, as far in advance as 
possible, with respect to purchases proposed to be financed with funds 
appropriated under this Act, and by assisting small and minority 
business concerns to participate equitably as subcontractors on 
contracts financed with funds appropriated herein, and by otherwise 
advocating and providing small and minority business opportunities to 
participate in the furnishing of commodities and services financed with 
funds appropriated by this Act.''


  Requirement for Substantial Progress on Minority and Small Business 
                             Contract Awards

    Pub. L. 100-180, div. A, title VIII, Sec. 806(a)-(c), Dec. 4, 1987, 
101 Stat. 1126, 1127, directed Secretary of Defense to issue regulations 
to ensure that substantial progress was made in increasing awards of 
Department of Defense contracts to small business concerns, historically 
Black colleges and universities, and minority institutions described in 
section 1207(a) of Pub. L. 99-661 [formerly set out below], prior to 
repeal by Pub. L. 102-484, div. A, title VIII, Sec. 801(h)(7), Oct. 23, 
1992, 106 Stat. 2446.


   Definitions; Rule of Construction for Duplicate Authorization and 
   Appropriation Provisions of Public Laws 99-500, 99-591, and 99-661

    Pub. L. 100-26, Secs. 2, 6, Apr. 21, 1987, 101 Stat. 273, 274, 
provided that:
``SEC. 2. REFERENCES TO 99TH CONGRESS LAWS
    ``For purposes of this Act [Pub. L. 100-26, see Short Title of 1987 
Amendment note set out under section 101 of this title]:
        ``(1) The term `Defense Authorization Act' means the Department 
    of Defense Authorization Act, 1987 (division A of Public Law 99-661; 
    100 Stat. 3816 et seq.).
        ``(2) The term `Defense Appropriations Act' means the Department 
    of Defense Appropriations Act, 1987 (as contained in identical form 
    in section 101(c) of Public Law 99-500 (100 Stat. 1783-82 et seq.) 
    and section 101(c) of Public Law 99-591 (100 Stat. 3341-82 et 
    seq.)).
        ``(3) The term `Defense Acquisition Improvement Act' means title 
    X of the Defense Appropriations Act [100 Stat. 1783-130, 3341-130] 
    and title IX of the Defense Authorization Act [100 Stat. 3910] (as 
    designated by the amendment made by section 3(5) [section 3(5) of 
    Pub. L. 100-26]). Any reference in this Act to the Defense 
    Acquisition Improvement Act shall be considered to be a reference to 
    each such title.''
``SEC. 6. CONSTRUCTION OF DUPLICATE AUTHORIZATION AND APPROPRIATION 
        PROVISIONS
    ``(a) Rule for Construction of Duplicate Provisions.--(1) In 
applying the provisions of Public Laws 99-500, 99-591, and 99-661 
described in paragraph (2)--
        ``(A) the identical provisions of those public laws referred to 
    in such paragraph shall be treated as having been enacted only once, 
    and
        ``(B) in executing to the United States Code and other statutes 
    of the United States the amendments made by such identical 
    provisions, such amendments shall be executed so as to appear only 
    once in the law as amended.
    ``(2) Paragraph (1) applies with respect to the provisions of the 
Defense Appropriations Act and the Defense Authorization Act (as amended 
by sections 3, 4, 5, and 10(a)) referred to across from each other in 
the following table:


 ``Section 101(c) of Public Law    Section 101(c) of     Division A of
             99-500                Public Law 99-591   Public Law 99-661

``Title X                         Title X             Title IX
``Sec. 9122                       Sec. 9122           Sec. 522
``Sec. 9036(b)                    Sec. 9036(b)        Sec. 1203
``Sec. 9115                       Sec. 9115           Sec. 1311



    ``(b) Rule for Date of Enactment.--(1) The date of the enactment of 
the provisions of law listed in the middle column, and in the right-hand 
column, of the table in subsection (a)(2) shall be deemed to be October 
18, 1986 (the date of the enactment of Public Law 99-500).
    ``(2) Any reference in a provision of law referred to in paragraph 
(1) to `the date of the enactment of this Act' shall be treated as a 
reference to October 18, 1986.''
    [For classification of provisions listed in the table, see Tables.]


                      Contract Goal for Minorities

    Section 1207 of Pub. L. 99-661, as amended by Pub. L. 100-180, div. 
A, title VIII, Sec. 806(d), 101 Stat. 1127; Pub. L. 100-456, div. A, 
title VIII, Sec. 844, Sept. 29, 1988, 102 Stat. 2027; Pub. L. 101-189, 
div. A, title VIII, Sec. 831, Nov. 29, 1989, 103 Stat. 1507; Pub. L. 
101-510, div. A, title VIII, Secs. 811, 832, title XIII, Secs. 1302(d), 
1312(b), Nov. 5, 1990, 104 Stat. 1596, 1612, 1669, 1670; Pub. L. 102-25, 
title VII, Secs. 704(a)(6), 705(e), Apr. 6, 1991, 105 Stat. 118, 120, 
which set contract goals for small disadvantaged businesses and certain 
institutions of higher education, was repealed and restated in section 
2323 of this title by Pub. L. 102-484, Sec. 801(a)(1)(B), (h)(1).


             Minimum Percentage of Competitive Procurements

    Pub. L. 99-145, title IX, Sec. 913, Nov. 8, 1985, 99 Stat. 687, as 
amended by Pub. L. 101-510, div. A, title XIII, Sec. 1322(d)(1), Nov. 5, 
1990, 104 Stat. 1672, provided that:
    ``(a) Annual Goal.--The Secretary of Defense shall establish for 
each fiscal year a goal for the percentage of defense procurements to be 
made during that year (expressed in total dollar value of contracts 
entered into) that are to be competitive procurements.
    ``(b) Definition.--For the purposes of this section, the term 
`competitive procurements' means procurements made by the Department of 
Defense through the use of competitive procedures, as defined in section 
2304 of title 10, United States Code.''


      Defense Procurement Reform: Congressional Findings and Policy

    Section 1202 of Pub. L. 98-525, as amended by Pub. L. 99-500, 
Sec. 101(c) [title X, Sec. 953(c)], Oct. 18, 1986, 100 Stat. 1783-82, 
1783-172, and Pub. L. 99-591, Sec. 101(c) [title X, Sec. 953(c)], Oct. 
30, 1986, 100 Stat. 3341-82, 3341-172; Pub. L. 99-661, div. A, title IX, 
formerly title IV, Sec. 953(c), Nov. 14, 1986, 100 Stat. 3952, 
renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 
273, provided that: ``The Congress finds that recent disclosures of 
excessive payments by the Department of Defense for replenishment parts 
have undermined confidence by the public and Congress in the defense 
procurement system. The Secretary of Defense should make every effort to 
reform procurement practices relating to replenishment parts. Such 
efforts should, among other matters, be directed to the elimination of 
excessive pricing of replenishment spare parts and the recovery of 
unjustified payments. Specifically, the Secretary should--
        ``(1) direct that officials in the Department of Defense refuse 
    to enter into contracts unless the proposed prices are fair and 
    reasonable;
        ``(2) continue and accelerate ongoing efforts to improve defense 
    contracting procedures in order to encourage effective competition 
    and assure fair and reasonable prices;
        ``(3) direct that replenishment parts be acquired in economic 
    order quantities and on a multiyear basis whenever feasible, 
    practicable, and cost effective;
        ``(4) direct that standard or commercial parts be used whenever 
    such use is technically acceptable and cost effective; and
        ``(5) vigorously continue reexamination of policies relating to 
    acquisition, pricing, and management of replenishment parts and of 
    technical data related to such parts.''


 Modification of Regulations and Directives To Accommodate a Policy of 
                          Multiyear Procurement

    Section 909(d) of Pub. L. 97-86 directed Secretary of Defense, not 
later than the end of the 90-day period beginning Dec. 1, 1981, to issue 
such modifications to existing regulations governing defense 
acquisitions as might be necessary to implement the amendments made by 
subsections (a), (b), and (c) [amending sections 139, 2301, and 2306 of 
this title] and directed Director of the Office of Management and Budget 
to issue such modifications to existing Office of Management and Budget 
directives as might be necessary to take into account the amendments 
made by subsections (a) and (b) [amending sections 2301 and 2306 of this 
title].


     Procurement Requirements for Goods Which Are Not American Goods

    Pub. L. 93-365, title VII, Sec. 707, Aug. 5, 1974, 88 Stat. 406, 
which prohibited contracts by the Department of Defense for other than 
American goods after Aug. 5, 1974, unless adequate consideration was 
first given to bids of firms in labor surplus areas of the United 
States, of small business firms, and of all other United States firms 
which had offered to furnish American goods, balance of payments, cost 
of shipping other than American goods, and any duty, tariff, or 
surcharge on such goods, was repealed and restated in section 2501 of 
this title by Pub. L. 100-370, Sec. 3(a), (c). Section 2501 of this 
title was renumbered section 2506 by Pub. L. 100-456, Sec. 821(b)(1)(A). 
Section 2506 of this title was renumbered section 2533 by Pub. L. 102-
484, Sec. 4202(a).

                  Section Referred to in Other Sections

    This section is referred to in sections 1737, 2218, 2302d, 2304, 
2366, 2367, 2399, 2409, 2646 of this title; title 50 App. section 2171.
