
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(a)(17)]
[CITE: 10USC2323]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                   CHAPTER 137--PROCUREMENT GENERALLY
 
Sec. 2323. Contract goal for small disadvantaged businesses and 
        certain institutions of higher education
        
    (a) Goal.--(1) Except as provided in subsection (d), a goal of 5 
percent of the amount described in subsection (b) shall be the objective 
of the Department of Defense, the Coast Guard, and the National 
Aeronautics and Space Administration in each fiscal year for the total 
combined amount obligated for contracts and subcontracts entered into 
with--
        (A) small business concerns, including mass media and 
    advertising firms, owned and controlled by socially and economically 
    disadvantaged individuals (as such term is used in section 8(d) of 
    the Small Business Act (15 U.S.C. 637(d)) and regulations issued 
    under that section), the majority of the earnings of which directly 
    accrue to such individuals, and qualified HUBZone small business 
    concerns (as defined in section 3(p) of the Small Business Act);
        (B) historically Black colleges and universities, including any 
    nonprofit research institution that was an integral part of such a 
    college or university before November 14, 1986; and
        (C) minority institutions (as defined in section 1046(3) \1\ of 
    the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3))), which, for 
    the purposes of this section, shall include Hispanic-serving 
    institutions (as defined in section 316(b)(1) \1\ of such Act (20 
    U.S.C. 1059c(b)(1))).
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    \1\ See References in Text note below.

    (2) The head of the agency shall establish a specific goal within 
the overall 5 percent goal for the award of prime contracts and 
subcontracts to historically Black colleges and universities and 
minority institutions in order to increase the participation of such 
colleges and universities in the program provided for by this section.
    (3) The Federal Acquisition Regulation shall provide procedures or 
guidelines for contracting officers to set goals which agency prime 
contractors that are required to submit subcontracting plans under 
section 8(d)(4)(B) of the Small Business Act (15 U.S.C. 637(d)(4)(B)) in 
furtherance of the agency's program to meet the 5 percent goal specified 
in paragraph (1) should meet in awarding subcontracts, including 
subcontracts to minority-owned media, to entities described in that 
paragraph.
    (b) Amount.--(1) With respect to the Department of Defense, the 
requirements of subsection (a) for any fiscal year apply to the combined 
total of the following amounts:
        (A) Funds obligated for contracts entered into with the 
    Department of Defense for such fiscal year for procurement.
        (B) Funds obligated for contracts entered into with the 
    Department of Defense for such fiscal year for research, 
    development, test, and evaluation.
        (C) Funds obligated for contracts entered into with the 
    Department of Defense for such fiscal year for military 
    construction.
        (D) Funds obligated for contracts entered into with the 
    Department of Defense for operation and maintenance.

    (2) With respect to the Coast Guard, the requirements of subsection 
(a) for any fiscal year apply to the total value of all prime contract 
and subcontract awards entered into by the Coast Guard for such fiscal 
year.
    (3) With respect to the National Aeronautics and Space 
Administration, the requirements of subsection (a) for any fiscal year 
apply to the total value of all prime contract and subcontract awards 
entered into by the National Aeronautics and Space Administration for 
such fiscal year.
    (c) Types of Assistance.--(1) To attain the goal specified in 
subsection (a)(1), the head of an agency shall provide technical 
assistance to the entities referred to in that subsection and, in the 
case of historically Black colleges and universities and minority 
institutions, shall also provide infrastructure assistance.
    (2) Technical assistance provided under this section shall include 
information about the program, advice about agency procurement 
procedures, instruction in preparation of proposals, and other such 
assistance as the head of the agency considers appropriate. If the 
resources of the agency are inadequate to provide such assistance, the 
head of the agency may enter into contracts with minority private sector 
entities with experience and expertise in the design, development, and 
delivery of technical assistance services to eligible individuals, 
business firms and institutions, acquisition agencies, and prime 
contractors. Agency contracts with such entities shall be awarded 
annually, based upon, among other things, the number of minority small 
business concerns, historically Black colleges and universities, and 
minority institutions that each such entity brings into the program.
    (3) Infrastructure assistance provided by the Department of Defense 
under this section to historically Black colleges and universities and 
to minority institutions may include programs to do the following:
        (A) Establish and enhance undergraduate, graduate, and doctoral 
    programs in scientific disciplines critical to the national security 
    functions of the Department of Defense.
        (B) Make Department of Defense personnel available to advise and 
    assist faculty at such colleges and universities in the performance 
    of defense research and in scientific disciplines critical to the 
    national security functions of the Department of Defense.
        (C) Establish partnerships between defense laboratories and 
    historically Black colleges and universities and minority 
    institutions for the purpose of training students in scientific 
    disciplines critical to the national security functions of the 
    Department of Defense.
        (D) Award scholarships, fellowships, and the establishment of 
    cooperative work-education programs in scientific disciplines 
    critical to the national security functions of the Department of 
    Defense.
        (E) Attract and retain faculty involved in scientific 
    disciplines critical to the national security functions of the 
    Department of Defense.
        (F) Equip and renovate laboratories for the performance of 
    defense research.
        (G) Expand and equip Reserve Officer Training Corps activities 
    devoted to scientific disciplines critical to the national security 
    functions of the Department of Defense.
        (H) Provide other assistance as the Secretary determines 
    appropriate to strengthen scientific disciplines critical to the 
    national security functions of the Department of Defense or the 
    college infrastructure to support the performance of defense 
    research.

    (4) The head of the agency shall, to the maximum extent practical, 
carry out programs under this section at colleges, universities, and 
institutions that agree to bear a substantial portion of the cost 
associated with the programs.
    (d) Applicability.--Subsection (a) does not apply to the Department 
of Defense--
        (1) to the extent to which the Secretary of Defense determines 
    that compelling national security considerations require otherwise; 
    and
        (2) if the Secretary notifies Congress of such determination and 
    the reasons for such determination.

    (e) Competitive Procedures and Advance Payments.--To attain the goal 
of subsection (a):
        (1)(A) The head of the agency shall--
            (i) ensure that substantial progress is made in increasing 
        awards of agency contracts to entities described in subsection 
        (a)(1);
            (ii) exercise his utmost authority, resourcefulness, and 
        diligence;
            (iii) in the case of the Department of Defense, actively 
        monitor and assess the progress of the military departments, 
        Defense Agencies, and prime contractors of the Department of 
        Defense in attaining such goal; and
            (iv) in the case of the Coast Guard and the National 
        Aeronautics and Space Administration, actively monitor and 
        assess the progress of the prime contractors of the agency in 
        attaining such goal.

        (B) In making the assessment under clauses (iii) and (iv) of 
    subparagraph (A), the head of the agency shall evaluate the extent 
    to which use of the authority provided in paragraphs (2) and (3) and 
    compliance with the requirement in paragraph (4) is effective for 
    facilitating the attainment of the goal.
        (2) To the extent practicable and when necessary to facilitate 
    achievement of the 5 percent goal described in subsection (a), the 
    head of an agency shall make advance payments under section 2307 of 
    this title to contractors described in subsection (a). The Federal 
    Acquisition Regulation shall provide guidance to contracting 
    officers for making advance payments to entities described in 
    subsection (a)(1) under such section.
        (3)(A) To the extent practicable and when necessary to 
    facilitate achievement of the 5 percent goal described in subsection 
    (a), the head of an agency may, except as provided in subparagraph 
    (B), enter into contracts using less than full and open competitive 
    procedures (including awards under section 8(a) of the Small 
    Business Act) and partial set asides for entities described in 
    subsection (a)(1), but shall pay a price not exceeding fair market 
    cost by more than 10 percent in payment per contract to contractors 
    or subcontractors described in subsection (a). The head of an agency 
    shall adjust the percentage specified in the preceding sentence for 
    any industry category if available information clearly indicates 
    that nondisadvantaged small business concerns in such industry 
    category are generally being denied a reasonable opportunity to 
    compete for contracts because of the use of that percentage in the 
    application of this paragraph.
        (B)(i) The Secretary of Defense may not exercise the authority 
    under subparagraph (A) to enter into a contract for a price 
    exceeding fair market cost if the regulations implementing that 
    authority are suspended under clause (ii) with respect to that 
    contract.
        (ii) At the beginning of each fiscal year, the Secretary shall 
    determine, on the basis of the most recent data, whether the 
    Department of Defense achieved the 5 percent goal described in 
    subsection (a) during the fiscal year to which the data relates. 
    Upon determining that the Department achieved the goal for the 
    fiscal year to which the data relates, the Secretary shall issue a 
    suspension, in writing, of the regulations that implement the 
    authority under subparagraph (A). Such a suspension shall be in 
    effect for the one-year period beginning 30 days after the date on 
    which the suspension is issued and shall apply with respect to 
    contracts awarded pursuant to solicitations issued during that 
    period.
        (iii) For purposes of clause (ii), the term ``most recent data'' 
    means data relating to the most recent fiscal year for which data 
    are available.
        (4) To the extent practicable, the head of an agency shall 
    maximize the number of minority small business concerns, 
    historically Black colleges and universities, and minority 
    institutions participating in the program.
        (5) Each head of an agency shall prescribe regulations which 
    provide for the following:
            (A) Procedures or guidance for contracting officers to 
        provide incentives for prime contractors referred to in 
        subsection (a)(3) to increase subcontractor awards to entities 
        described in subsection (a)(1).
            (B) A requirement that contracting officers emphasize the 
        award of contracts to entities described in subsection (a)(1) in 
        all industry categories, including those categories in which 
        such entities have not traditionally dominated.
            (C) Guidance to agency personnel on the relationship among 
        the following programs:
                (i) The program implementing this section.
                (ii) The program established under section 8(a) of the 
            Small Business Act (15 U.S.C. 637(a)).
                (iii) The small business set-aside program established 
            under section 15(a) of the Small Business Act (15 U.S.C. 
            644(a)).

            (D) With respect to an agency procurement which is 
        reasonably likely to be set aside for entities described in 
        subsection (a)(1), a requirement that (to the maximum extent 
        practicable) the procurement be designated as such a set-aside 
        before the solicitation for the procurement is issued.
            (E) Policies and procedures which, to the maximum extent 
        practicable, will ensure that current levels in the number or 
        dollar value of contracts awarded under the program established 
        under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) 
        and under the small business set-aside program established under 
        section 15(a) of the Small Business Act (15 U.S.C. 644(a)) are 
        maintained and that every effort is made to provide new 
        opportunities for contract awards to eligible entities, in order 
        to meet the goal of subsection (a).
            (F) Implementation of this section in a manner which will 
        not alter the procurement process under the program established 
        under section 8(a) of the Small Business Act (15 U.S.C. 637(a)).
            (G) A requirement that one factor used in evaluating the 
        performance of a contracting officer be the ability of the 
        officer to increase contract awards to entities described in 
        subsection (a)(1).
            (H) Increased technical assistance to entities described in 
        subsection (a)(1).

    (f) Penalties and Regulations Relating to Status.--(1) Whoever for 
the purpose of securing a contract or subcontract under subsection (a) 
misrepresents the status of any concern or person as a small business 
concern owned and controlled by a minority (as described in subsection 
(a)) or as a qualified HUBZone small business concern (as defined in 
section 3(p) of the Small Business Act), shall be punished by 
imprisonment for not more than one year, or a fine under title 18, or 
both.
    (2) The Federal Acquisition Regulation shall prohibit awarding a 
contract under this section to an entity described in subsection (a)(1) 
unless the entity agrees to comply with the requirements of section 
15(o)(1) of the Small Business Act (15 U.S.C. 644(o)(1)).
    (g) Industry Categories.--(1) To the maximum extent practicable, the 
head of the agency shall--
        (A) ensure that no particular industry category bears a 
    disproportionate share of the contracts awarded to attain the goal 
    established by subsection (a); and
        (B) ensure that contracts awarded to attain the goal established 
    by subsection (a) are made across the broadest possible range of 
    industry categories.

    (2) Under procedures prescribed by the head of the agency, a person 
may request the Secretary to determine whether the use of small 
disadvantaged business set asides by a contracting activity of the 
agency has caused a particular industry category to bear a 
disproportionate share of the contracts awarded to attain the goal 
established for that contracting activity for the purposes of this 
section. Upon making a determination that a particular industry category 
is bearing a disproportionate share, the head of the agency shall take 
appropriate actions to limit the contracting activity's use of set 
asides in awarding contracts in that particular industry category.
    (h) Compliance With Subcontracting Plan Requirements.--(1) The 
Federal Acquisition Regulation shall contain regulations to ensure that 
potential contractors submitting sealed bids or competitive proposals to 
the agency for procurement contracts to be awarded under the program 
provided for by this section are complying with applicable 
subcontracting plan requirements of section 8(d) of the Small Business 
Act (15 U.S.C. 637(d)).
    (2) The regulations required by paragraph (1) shall ensure that, 
with respect to a sealed bid or competitive proposal for which the 
bidder or offeror is required to negotiate or submit a subcontracting 
plan under section 8(d) of the Small Business Act (15 U.S.C. 637(d)), 
the subcontracting plan shall be a factor in evaluating the bid or 
proposal.
    (i) Annual Report.--(1) Not later than December 15 of each year, the 
head of the agency shall submit to Congress a report on the progress of 
the agency toward attaining the goal of subsection (a) during the 
preceding fiscal year.
    (2) The report required under paragraph (1) shall include the 
following:
        (A) A full explanation of any progress toward attaining the goal 
    of subsection (a).
        (B) A plan to achieve the goal, if necessary.

    (3) The report required under paragraph (1) shall also include the 
following:
        (A) The aggregate differential between the fair market price of 
    all contracts awarded pursuant to subsection (e)(3) and the 
    estimated fair market price of all such contracts had such contracts 
    been entered into using full and open competitive procedures.
        (B) An analysis of the impact that subsection (a) shall have on 
    the ability of small business concerns not owned and controlled by 
    socially and economically disadvantaged individuals to compete for 
    contracts with the agency.
        (C) A description of the percentage of contracts (actions), the 
    total dollar amount (size of action), and the number of different 
    entities relative to the attainment of the goal of subsection (a), 
    separately for Black Americans, Native Americans, Hispanic 
    Americans, Asian Pacific Americans, and other minorities.
        (D) A detailed description of the infrastructure assistance 
    provided under subsection (c) during the preceding fiscal year and 
    of the plans for providing such assistance during the fiscal year in 
    which the report is submitted.

    (j) Definitions.--In this section:
        (1) The term ``agency'' means the Department of Defense, the 
    Coast Guard, and the National Aeronautics and Space Administration.
        (2) The term ``head of an agency'' means the Secretary of 
    Defense, the Secretary of Transportation, and the Administrator of 
    the National Aeronautics and Space Administration.

    (k) Effective Date.--(1) This section applies in the Department of 
Defense to each of fiscal years 1987 through 2003.
    (2) This section applies in the Coast Guard and the National 
Aeronautics and Space Administration in each of fiscal years 1995 
through 2003.

(Added and amended Pub. L. 102-484, div. A, title VIII, Secs. 801(a)(1), 
(b)-(f), 802, Oct. 23, 1992, 106 Stat. 2442-2444, 2446; Pub. L. 103-35, 
title II, Sec. 202(a)(6), May 31, 1993, 107 Stat. 101; Pub. L. 103-160, 
div. A, title VIII, Sec. 811(a)-(c), (e), Nov. 30, 1993, 107 Stat. 1702; 
Pub. L. 103-355, title VII, Sec. 7105, Oct. 13, 1994, 108 Stat. 3369; 
Pub. L. 104-106, div. D, title XLIII, Sec. 4321(b)(8), Feb. 10, 1996, 
110 Stat. 672; Pub. L. 105-135, title VI, Sec. 604(a), Dec. 2, 1997, 111 
Stat. 2632; Pub. L. 105-261, div. A, title VIII, Sec. 801, Oct. 17, 
1998, 112 Stat. 2080; Pub. L. 106-65, div. A, title VIII, Sec. 808, Oct. 
5, 1999, 113 Stat. 705.)

                       References in Text

    Section 3(p) of the Small Business Act, referred to in subsecs. 
(a)(1)(A) and (f)(1), is classified to section 632(p) of Title 15, 
Commerce and Trade.
    Section 1046 of the Higher Education Act of 1965, referred to in 
subsec. (a)(1)(C), was renumbered section 365 of that act by Pub. L. 
105-244, title III, Sec. 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, 
and transferred to section 1067k of Title 20, Education. Section 316 of 
that act was amended generally by Pub. L. 105-244, title III, 
Sec. 303(e), Oct. 7, 1998, 112 Stat. 1639, and, as so amended, no longer 
relates to Hispanic-serving institutions.
    Section 8(a) of the Small Business Act, referred to in subsec. 
(e)(3)(A), is classified to section 637(a) of Title 15, Commerce and 
Trade.

                          Codification

    Section, as added by Pub. L. 102-484, Sec. 801(a)(1), consists of 
text of Pub. L. 99-661, div. A, title XII, Sec. 1207, Nov. 14, 1986, 100 
Stat. 3973, revised by Pub. L. 102-484 by substituting ``each of fiscal 
years 1987 through 2000'' for ``each of fiscal years 1987, 1988, 1989, 
1990, 1991, 1992, and 1993'' in subsec. (a)(1), ``of this title'' for 
``of title 10, United States Code,'' in subsec. (e)(2), and ``each of 
fiscal years 1987 through 2000'' for ``each of fiscal years 1987, 1988, 
1989, 1990, 1991, 1992, and 1993'' in subsec. (h). Section 1207 of Pub. 
L. 99-661, which was formerly set out as a note under section 2301 of 
this title, was repealed by Pub. L. 102-484, div. A, title VIII, 
Sec. 801(h)(1), Oct. 23, 1992, 106 Stat. 2445.


                            Prior Provisions

    A prior section 2323, added Pub. L. 98-525, title XII, Sec. 1216(a), 
Oct. 19, 1984, 98 Stat. 2598; amended Pub. L. 99-500, Sec. 101(c) [title 
X, Sec. 926(a)(1)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-153, and Pub. 
L. 99-591, Sec. 101(c) [title X, Sec. 926(a)(1)], Oct. 30, 1986, 100 
Stat. 3341-82, 3341-153; Pub. L. 99-661, div. A, title IX, formerly 
title IV, Sec. 926(a)(1), Nov. 14, 1986, 100 Stat. 3933, renumbered 
title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273, 
related to commercial pricing for spare or repair parts, prior to repeal 
by Pub. L. 101-510, div. A, title VIII, Sec. 804(a), Nov. 5, 1990, 104 
Stat. 1591.


                               Amendments

    1999--Subsec. (k). Pub. L. 106-65 substituted ``2003'' for ``2000'' 
in pars. (1) and (2).
    1998--Subsec. (e)(3). Pub. L. 105-261 designated existing provisions 
as subpar. (A), inserted ``, except as provided in subparagraph (B),'' 
after ``the head of an agency may'' in first sentence, and added subpar. 
(B).
    1997--Subsec. (a)(1)(A). Pub. L. 105-135, Sec. 604(a)(1), inserted 
before semicolon at end ``, and qualified HUBZone small business 
concerns (as defined in section 3(p) of the Small Business Act)''.
    Subsec. (f)(1). Pub. L. 105-135, Sec. 604(a)(2), inserted ``or as a 
qualified HUBZone small business concern (as defined in section 3(p) of 
the Small Business Act)'' after ``(as described in subsection (a))''.
    1996--Subsec. (a)(1)(C). Pub. L. 104-106, Sec. 4321(b)(8)(A), 
inserted closing parenthesis after ``1135d-5(3))'' and ``1059c(b)(1))''.
    Subsec. (a)(3). Pub. L. 104-106, Sec. 4321(b)(8)(B), struck out 
``(issued under section 25(c) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 421(c))'' after ``Acquisition Regulation''.
    Subsec. (b). Pub. L. 104-106, Sec. 4321(b)(8)(C), inserted ``(1)'' 
after ``Amount.--''.
    Subsec. (i)(3)(D). Pub. L. 104-106, Sec. 4321(b)(8)(D), added 
subpar. (D).
    1994--Pub. L. 103-355 amended section generally to extend defense 
contract goal for small disadvantaged businesses and certain 
institutions of higher education to Coast Guard and National Aeronautics 
and Space Administration.
    1993--Subsec. (a)(1)(B). Pub. L. 103-160, Sec. 811(a), amended 
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 
``historically Black colleges and universities; and''.
    Subsec. (a)(1)(C). Pub. L. 103-160, Sec. 811(b), amended subpar. (C) 
generally. Prior to amendment, subpar. (C) read as follows: ``minority 
institutions (as defined in paragraphs (3), (4), and (5) of section 
312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058)), including 
any nonprofit research institution that was an integral part of a 
historically Black college or university before November 14, 1986.''
    Subsec. (f)(2). Pub. L. 103-160, Sec. 811(c), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``The Secretary 
of Defense shall prescribe regulations which provide for the following:
        ``(A) A requirement that a business which represents itself as 
    an entity described in subsection (a)(1) and is seeking a Department 
    of Defense contract maintain its status as an entity at the time of 
    contract award.
        ``(B) A prohibition on the award of a contract under this 
    section to an entity described in subsection (a)(1) unless the 
    entity agrees to comply with the requirements of section 15(o)(1) of 
    the Small Business Act (15 U.S.C. 644(o)(1)).''
    Subsec. (i). Pub. L. 103-35 amended and made technical amendment to 
directory language of Pub. L. 102-484, Sec. 801(f). See 1992 Amendment 
note for subsec. (h) below.
    Subsec. (i)(3)(D). Pub. L. 103-160, Sec. 811(e), added subpar. (D).
    1992--Subsec. (a)(3). Pub. L. 102-484, Sec. 801(b), added par. (3).
    Subsec. (e). Pub. L. 102-484, Sec. 801(c)(1), substituted 
``subsection (a):'' for ``subsection (a)--'' in introductory provisions.
    Subsec. (e)(1). Pub. L. 102-484, Sec. 801(c)(2), added par. (1) and 
struck out former par. (1) which read as follows: ``The Secretary of 
Defense shall exercise his utmost authority, resourcefulness, and 
diligence.''
    Subsec. (e)(2). Pub. L. 102-484, Sec. 801(c)(3), inserted at end 
``The Secretary shall prescribe regulations that provide guidance to 
contracting officers for making advance payments to entities described 
in subsection (a)(1) under such section.''
    Subsec. (e)(3). Pub. L. 102-484, Sec. 801(c)(4), inserted ``and 
partial set asides for entities described in subsection (a)(1)'' after 
``Act''.
    Subsec. (e)(5). Pub. L. 102-484, Sec. 801(c)(5), added par. (5).
    Subsec. (f). Pub. L. 102-484, Sec. 801(d), substituted ``Penalties 
and Regulations Relating to Status'' for ``Penalties for 
Misrepresentation'' in heading, designated existing provisions as par. 
(1), and added par. (2).
    Subsec. (g). Pub. L. 102-484, Sec. 801(e)(2), added subsec. (g). 
Former subsec. (g) redesignated (h).
    Subsec. (h). Pub. L. 102-484, Sec. 802(2), added subsec. (h). Former 
subsec. (h) redesignated (i).
    Pub. L. 102-484, Sec. 801(f), as amended by Pub. L. 103-35, 
substituted ``Report'' for ``Reports'' in heading, struck out ``July 15 
of each year, the Secretary of Defense shall submit to Congress a report 
on the progress toward meeting the goal of subsection (a) during the 
current fiscal year. (2) Not later than'' after ``(1) Not later than'', 
struck out ``final'' after ``Congress a'', and substituted ``Secretary 
toward attaining'' for ``Secretary with'' in former par. (2), 
redesignated par. (3) as (2) and substituted ``report required under 
paragraph (1) shall'' for ``reports described in paragraphs (1) and (2) 
shall each'', redesignated par. (4) as (3) and substituted ``report 
required under paragraph (1)'' for ``reports required under paragraph 
(2)'', and struck out par. (5) which read as follows: ``The first report 
required by this subsection shall be submitted between May 1 and May 30, 
1987.''
    Pub. L. 102-484, Sec. 801(e)(1), redesignated subsec. (g) as (h). 
Former subsec. (h) redesignated (i).
    Subsec. (i). Pub. L. 102-484, Sec. 802(1), redesignated subsec. (h) 
as (i). Former subsec. (i) redesignated (j).
    Pub. L. 102-484, Sec. 801(e)(1), redesignated subsec. (h) as (i).
    Subsec. (j). Pub. L. 102-484, Sec. 802(1), redesignated subsec. (i) 
as (j).


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section 3 
of Pub. L. 105-135 set out as a note under section 631 of Title 15, 
Commerce and Trade.


                    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 1993 Amendment

    Amendment by Pub. L. 103-35 applicable as if included in the 
enactment of Pub. L. 102-484, see section 202(b) of Pub. L. 103-35, set 
out as a note under section 155 of this title.


                    Effective Date of 1992 Amendment

    Section 801(f) of Pub. L. 102-484 provided that the amendment made 
by that section is effective Oct. 1, 1993.


                               Regulations

    Section 811(d) of Pub. L. 103-160 provided that:
    ``(1) The Secretary of Defense shall propose amendments to the 
Department of Defense Supplement to the Federal Acquisition Regulation 
that address the matters described in subsection (g) and subsection 
(h)(2) of section 2323 of title 10, United States Code.
    ``(2) Not later than 15 days after the date of the enactment of this 
Act [Nov. 30, 1993], the Secretary shall publish such proposed 
amendments in accordance with section 22 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 418b). The Secretary shall provide a 
period of at least 60 days for public comment on the proposed 
amendments.
    ``(3) The Secretary shall publish the final regulations not later 
than 120 days after the date of the enactment of this Act.''

                  Section Referred to in Other Sections

    This section is referred to in sections 2304, 2304e, 2323a of this 
title; title 15 section 644; title 20 section 1067k; title 41 section 
428.
