text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/713

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 691

(B) of those services, which services are carried out in direct support of a weapon system and are essential to the development, production, or maintenance of the system. (2) In prescribing regulations under paragraph (1), the Secretary shall consider the following areas: (A) Management and professional services. (B) Special studies and analyses. (C) Management and support services for research and development activities. (D) Training. (E) Management review of program-funded organizations. (F) Public relations. (G) Other consulting services. (H) Engineering development and operational systems development related to research and development activities and production activities. (I) Technical assistance. (J) Technical representation. (K) Quality control, testing, and inspection services. (L) Specialized medical services. (M) Architectural and engineering services, other than in connection with construction. (N) Technical and management assistance for weapons systems management and review. (3) Regulations required by paragraph (1) shall be prescribed not later than six months after the date of the enactment of this Act. (c) CONGRESSIONAL BUDGET DOCUMENTS.—Budget documents presented to Congress in support of the annual budget for the Department of Defense— (1) shall identify the total amount requested for contracted advisory and assistance services (as defined under regulations prescribed under subsection (b)); (2) shall identify the amount requested for each category of such services established by regulations prescribed under subsection (b); and (3) within each such category, shall separately set forth amounts for such services described in subsection (b)(l)(B). SEC. 919. REVISION AND EXTENSION OF PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM

(a) PROGRAM REVISIONS.—Sections 2411 through 2414 of title 10, United States Code, are amended to read as follows: "§ 2411. Definitions "In this chapter: "(1) 'Eligible entity' means— "(A) a State (as defined in section 6302(5) of title 31); "(B) a local government (as defined in section 6302(2) of title 31); and "(C) a private, nonprofit organization. "(2) 'Distressed entity means an eligible entity (within the meaning of paragraph (I)(B)) that— "(A) has a per capita income of 80 percent or less of the State average; or "(B) has an unemployment rate one percent greater than the national average for the most recent 24-month period for which statistics are available.

98 Stat. 2605, 2606. 10 USC 2411.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/714

 99 STAT. 692

PUBLIC LAW 99-145—NOV. 8, 1985 "(3) 'Secretary' means the Secretary of Defense acting through the Director of the Defense Logistics Agency.

10 USC 2412.

"§ 2412. Purposes "The purposes of the program authorized by this chapter are— "(1) to increase assistance by the Department of Defense to eligible entities furnishing procurement technical assistance to business entities; and "(2) to assist eligible entities in the payment of the costs of establishing and carrying out new procurement technical assistance programs and maintaining existing procurement technical assistance programs.

10 USC 2413.

"§ 2413. Cooperative agreements "(a) The Secretary, in accordance with the provisions of this chapter, may enter into cooperative agreements with eligible entities to carry out the purposes of this chapter. "(b) Under any such cooperative agreement, the eligible entity shall agree to furnish procurement technical assistance to business entities and the Secretary shall agree to defray not more than onehalf of the eligible entity s cost of furnishing such assistance, except that in the case of an eligible entity that is a distressed entity, the Secretary may agree to ftirnish more than one-half, but not more than three-fourths, of such cost. "(c) In entering into cooperative agreements under subsection (a), the Secretary shall assure that at least one procurement technical assistance program is carried out in each Department of Defense contract administration services region during each fiscal year.

10 USC 2414.

"§ 2414. Limitation "The value of the assistance furnished by the Secretary to any eligible entity to carry out a procurement technical assistance program under a cooperative agreement under this chapter during any fiscal year may not exceed $150,000.". (b) FUNDING.—Section 2415 of such title is amended— (1) in subsection (a)— (A) by striking out "fiscal year 1985 is 50 percent and during fiscal year 1986" in paragraph (2) and inserting in lieu thereof "fiscal years 1986 and 1987"; and (B) by adding at the end the following new paragraph: "(3) This subsection shall apply only to the first $3,000,000 appropriated to carry out this chapter in each of fiscal years 1986 and 1987."; (2) by striking out "fiscal year 1986" in subsection (b) and inserting in lieu thereof "fiscal year 1987"; and (3) by adding at the end thereof the following new subsection: "(c) For any amount appropriated to carry out this chapter for fiscal year 1986 or 1987 in excess of $3,000,000, the Secretary shall allocate funds available for assistance under this chapter equally to each Defense Contract Administration Services region. If in any such fiscal year there is an insufficient number of satisfactory proposals in a region for cooperative agreements to allow effective use of the funds allocated to that region, the funds remaining with respect to that region shall be reallocated among the remaining regions.". (c) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized to be appropriated $5,000,000 for fiscal year 1986 and $6,000,000 for

98 Stat. 2606.

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/715

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 693

fiscal year 1987 to be available for the purpose of furnishing assistance to carry out procurement technical assistance programs under cooperative agreements entered into under chapter 142 of title 10, United States Code. 98 Stat. 2605. (2) Amounts appropriated for fiscal years 1986 and 1987 for operation and maintenance for the Department of Defense are available to defray the expenses of administering the provisions of such chapter during each such fiscal year, including the expenses related to the employment of any additional personnel necessary to administer such provisions. (d) EFFECTIVE DATE.—The amendments made by subsections (a) 10 USC 2411 note. and (b) shall take effect on October 1, 1985. PART B—PROCUREMENT PERSONNEL MATTERS SEC. 921. POST-GOVERNMENT-SERVICE DEFENSE OFFICIALS

EMPLOYMENT BARS ON SENIOR

10 USC 2397a note.

Whoever being a Presidential appointee in Federal employment Penalties, acts as a primary government representative in the negotiation of a government contract or the settlement thereof with a defense contractor shall not within two years after the termination of said activities with such contractor accept employment from that contractor and upon a knowing violation of this provision the employee shall be punished, upon conviction, with a prison term of up to one year and a fine of up to $5,000 and said defense contractor shall forfeit up to $50,000 in liquidated damages to the Federal Government which shall be provided for in the contract. The Secretary of Regulations. Defense shall implement this provision by appropriate regulations. SEC. 922. IMPROVED REPORTING AND DISCLOSURE FOR FORMER EMPLOYEES OF THE DEPARTMENT OF DEFENSE; PREVENTION OF CONFLICTS OF INTEREST (a) REPORTING AND DISCLOSURE BY FORMER EMPLOYEES.—Sub-

section (a)(1) of section 2397 of title 10, United States Code, is amended— (1) by striking out "by negotiation"; and (2) by striking out "$10,000" and inserting in lieu thereof "$25,000". (b) PENALTIES.—Subsection (b)(2) of such section is amended to read as follows: "(2)(A) If a person to whom this subsection applies (i) was employed by, or served as a consultant or otherwise to, a defense contractor at any time during a year at an annual pay rate of at least $25,000 and the defense contractor was awarded contracts by the Department of Defense during the preceding year that totaled at least $10,000,000, and (ii) within the 2-year period ending on the day before the person began the employment or consulting relationship, the person served on active duty or was a civilian employee for the Department, the person shall file a report with the Secretary of Defense in such manner and form as the Secretary may prescribe. The person shall file the report not later than 90 days after the date on which the person began the employment or consulting relationship. "(B) The person shall file an additional report each time, during the 2-year period beginning on the date the active duty or civilian employment with the Department terminated, that the person's job with the defense contractor significantly changes or the person

�


text:
Page:Bobbsey Twins at the Seashore.djvu/170

158 And all this time Freddie and Flossie were quite unconcerned playing on the island.

"Oh, there's a man!" shouted Freddie, seeing someone in the woods. "Maybe it's Friday. Say there, Mister!" he shouted, "Say, will you help us get to land?"

The man heard the child's voice and hurried to the edge of the lake.

"Wall, I declare!" he exclaimed, "if them babies ain't lost out there. And here comes their boat. Well, I'll just fetch them in before they try to swim out," he told himself, swinging into the drifting boat, and with the stout stick he had in his hand, pushing off for the little island.

The island was quite near to shore on that side, and it was only a few minutes' work for the man to reach the children.

"What's your name?" he demanded, as soon as he touched land.

"Freddie Bobbsey," spoke up the little fellow, bravely, "and we live at the Cliffs."

"You do, eh? Then it was your brothers who brought my cow home, so I can pay them back by taking you home now. I can't row to


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/716

 99 STAT. 694

PUBLIC LAW 99-145—NOV. 8, 1985 commences an employment or consulting relationship with another defense contractor under the conditions described in the first sentence. A person required to file an additional report under this subparagraph shall file the report within 30 days after the date of the change or the date the employment or consulting relationship commences, as the case may be.". (c) REPORTS.—Subsection (b)(3) of such section is amended— (1) by striking out clause (D) and inserting in lieu thereof the following: "(D) A description of the duties and work performed or to be performed by the person for the defense contractor, and a description of any similar duties or work performed for which the person had at least partial responsibility as a civilian official or employee of the Department of Defense or a member of the armed forces during the 2-year period referred to in paragraph (2)(A)(ii)."; (2) in clause (F)— (A) by striking out "brief; and (B) by striking out "3-year period before that duty or service ended" and inserting in lieu thereof "2-year period referred to in paragraph (2)(A)(ii) and a description of the type of work performed and the extent to which such work was performed by the person for the defense contractor that has employed the person or has retained the person as a consultant"; and (3) by adding at the end thereof the following new clause: "(I) A statement describing any disqualification action taken by the person during the 2-year period referred to in paragraph (2)(A)(ii) with respect to any involvement in a matter concerning the defense contractor.". (d) FORMER CONTRACTOR EMPLOYEES.—(1) Subsection (c)(1) of such section is amended— (A) by striking out "fiscal" each place it appears; and (B) in clause (B)— (i) by striking out "3-year" and inserting in lieu thereof "2-year"; and (ii) by striking out "$15,000" and inserting in lieu thereof "$25,000". (2) Subsection (c)(2) of such section is amended— (A) by striking out clause (C) and inserting in lieu thereof the following: "(C) A description of the duties and work performed by the person with the Department and a description of any similar duties or work for which the person had at least partial responsibility as an employee or consultant of the defense contractor during the 2-year period referred to in paragraph (I)(B)."; and (B) by striking out clause (F) and inserting in lieu thereof the following: "(F) A description of the duties and work performed by the person for the defense contractor and a description of the type of work and the extent to which such work was performed by the person in connection with contracts of the defense contractor with the Department during the 2-year period referred to in paragraph (I)(B).". (e) REPORTS NOT TO B E ON FISCAL YEAR BASIS.—Subsection (e) of

such section is amended by striking out "fiscal".

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/717

 PUBLIC LAW 99-145—NOV. 8, 1985 (0 ADMINISTRATIVE PENALTY.—Subsection (f) of section 2397 of such title is amended to read as follows: "(f)(1) A person who fails to comply with the filing requirements of this section shall be liable to the United States for an administrative penalty in the amount of $10,000, or in such lesser amount as may be determined by the Secretary of Defense, considering all the relevant circumstances. "(2) The Secretary shall determine whether a person has failed to file a report required by this section and shall determine the amount of the penalty under paragraph (1). The Secretary shall make the determinations on the record after opportunity for an agency hearing as provided in subchapter II of chapter 5 of title 5, United States Code. The determinations of the Secretary shall be subject to judicial review under chapter 7 of such title.".

99 STAT. 695 lo use 2397.

5 USC 551 et seq. 5 USC 701 et seq.

SEC. 923. REQUIREMENTS RELATING TO PRIVATE EMPLOYMENT CONTACTS BETWEEN CERTAIN DEPARTMENT OF DEFENSE PROCUREMENT OFFICIALS AND DEFENSE CONTRACTORS

(a) IN GENERAL.—(1) Chapter 141 of title 10, United States Code, is amended by inserting after section 2397 the following new section: "§ 2397a. Requirements relating to private employment contacts between certain Department of Defense procurement officials and defense contractors "(a) In this section: "(1) 'Contract' has the same meaning as provided in section 2397(a)(l) of this title. "(2) 'Covered defense official' means any individual who is serving— "(A) as a civilian officer or employee of the Department of Defense in a position for which the rate of pay is equal to or greater than the minimum rate of pay payable for grade GS-11 under the General Schedule; or "(B) on active duty in the armed forces in a pay grade of 0-4 or higher. "(3) 'Defense contractor' has the same meaning as provided in section 2397(a)(2) of this title. "(4) 'Designated agency ethics official' has the same meaning as the term 'designated agency official' in section 209(10) of the Ethics in Government Act of 1978 (92 Stat. 1850; 5 U.S.C. App.). "(5) 'Employment' means a relationship under which an individual furnishes services in return for any payment or other compensation paid directly or indirectly to the individual for the services. "(6) 'Procurement function' includes, with respect to a contract, any function relating to— "(A) the negotiation, award, administration, or approval of the contract; "(B) the selection of a contractor; "(C) the approval of changes in the contract; "(D) quality assurance, operation and developmental testing, the approval of payment, or auditing under the contract; or "(E) the management of the procurement program. "(b)(1) If a covered defense official who has participated in the performance of a procurement function in connection with a contract awarded by the Department of Defense contacts, or is con-

10 USC 2397a.

10 USC 2397.

5 USC 5332.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/718

 99 STAT. 696

Report.

Report.

Report.

Penalties.

Report. Penalties.

PUBLIC LAW 99-145—NOV. 8, 1985 tacted by, the defense contractor to whom the contract was awarded (or an agent of such contractor) regarding future employment opportunities for the official with the defense contractor, the official (except as provided in paragraph (2)) shall— "(A) promptly report the contact to the official's supervisor and to the designated agency ethics official (or his designee) of the agency in which the covered defense official is employed; and "(B) for any period for which future employment opportunities for the covered defense official have not been rejected by either the covered defense official or the defense contractor, disqualify himself from all participation in the performance of procurement functions relating to contracts of the defense contractor. "(2) A covered defense official is not required to report the first contact with a defense contractor under paragraph (I)(A) or to disqualify himself under paragraph (I)(B) if the defense official terminates the contact immediately. However, if an additional contact of the same or a similar nature is made by or with the defense contractor, the covered defense official shall report (as provided in paragraph (1)) the contact and all contacts of the same or a similar nature made by or with the defense contractor during the 90-day period ending on the date the additional contact is made. "(c) A report required by subsection (b)(1) shall include— "(1) the date of each contact covered by the report; and "(2) a brief description of the substance of the contact. "(d)(l)(A) If the Secretary of Defense determines under paragraph (2) that a person has failed promptly to make a report required by subsection (b)(l)(A) or (b)(2) or has failed to disqualify himself in any case in which he is required to do so under subsection (b)(l)(B)— "(i) the person may not accept or continue employment with the defense contractor during the 10-year period beginning with the date of separation from Government service; and "(ii) the Secretary may impose on the person an administrative penalty in the amount of $10,000, or in such lesser amount as may be prescribed by the Secretary, taking into consideration all the circumstances. "(B) An individual who accepts or continues employment prohibited by subparagraph (A)(i) shall be liable to the United States for an administrative penalty as provided in subparagraph (A)(ii). Such penalty may be in addition to any penalty previously imposed on the individual under subparagraph (A)(ii) for failure promptly to make a report relating to the defense contractor by whom the individual is employed as required by subsection (b)(l)(A) or (b)(2). "(C) The Secretary of Defense may take action against an individual under this paragraph before, on, or after the date on which the individual's employment with the Government is terminated. "(2)(A) The Secretary of Defense shall determine— "(i) whether an individual has failed promptly to make a report required by subsection ObXlXA) or (b)(2) or has failed to disqualify himself in any case in which he is required to do so under subsection (b)(l)(B) and whether to impose a penalty under paragraph (IXAXii) and the amount of such penalty; and "(ii) whether an individual is liable to the United States for an administrative penalty under paragraph (I)(B) and the amount of such penalty.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/719

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 697

There shall be a rebuttable presumption in favor of a covered defense official that failure to report a contact with a defense contractor or failure to disqualify himself from participation in the performance of certain procurement functions is not a violation of subsection (b)(l)(A) or (b)(2) or subsection (b)(l)(B), as the case may be, if the defense official has received an opinion in writing from the designated agency ethics official under subsection (e) stating that a report or disqualification by the official was not necessary. "(B) Determinations of the Secretary under subparagraph (A) shall be made on the record after opportunity for an agency hearing as provided in subchapter II of chapter 5 of title 5. The determina- 5 USC 551 et seq. tions of the Secretary shall be subject to judicial review under 5 USC 701 et seq. chapter 7 of such title. "(e) If a designated agency ethics official or his designee receives a Report. report required by subsection (b) or a request for advice from a covered defense official relating to a contact described in such subsection, the designated agency ethics official or his designee may issue a written opinion regarding the necessity of a covered defense official to file a report or disqualify himself from participation in certain procurement functions, as the case may be. "(f) A covered defense official should request the advice of his supervisor and the appropriate designated agency ethics official (or his designee) on matters to which this section applies.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2397 the following new item: "2397a. Requirements relating to private employment contacts between certain Department of Defense procurement officials and defense contractors.". (b) EFFECTIVE DATE.—The amendments made by subsection (a)

10 USC 2397a

shall take effect with respect to contacts (referred to in section 2397a note. of title 10, United S t a t ^ Code, as added by subsection (a) of this section) made on or after the date of enactment of this Act. SEC. 924. MANAGEMENT OF DEPARTMENT OF DEFENSE PROCUREMENT PERSONNEL (a) REQUIREMENTS FOR EDUCATION, TRAINING, AND EXPERIENCE.—

(1) Part II of subtitle A of title 10, United States (Dode, is amended by adding at the end thereof the following new chapter: "CHAPTER 85—PROCUREMENT MANAGEMENT PERSONNEL "Sec "1621. Definitions. "1622. Education, training, and experience requirements: program managers. "1623. Education, training, and experience requirements: general and flag officers. "1624. Training program: quality assurance personnel. 10 USC 1621. "§ 1621. Definitions "In this chapter: "(1) 'Program manager' means an officer or employee of the Department of Defense or member of the armed forces assigned by the Secretary of a military department to have overall responsibility for acquisitions under a major defense acquisition program. "(2) 'Procurement command' means the Army Materiel Command, the systems commands of the Navy, the Air Force Systems Command, or Air Force Logistics Command (or any successor organization of any such command).

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/720

 99 STAT. 698 10 USC 139a. 10 USC 1622. Regulations.

10 USC 1623. Regulations.

Supra.

10 USC 1624.

PUBLIC LAW 99-145—NOV. 8, 1985 "(3) 'Major defense acquisition program' has the meaning given that term in section 139a(a)(l) of this title. "§ 1622. Education, training, and experience requirements: program managers "(a) The Secretary of each military department shall prescribe regulations establishing requirements for the education, training, and experience of any person assigned to duty as the program manager of a major defense acquisition program. Such regulations shall be subject to the approval of the Secretary of Defense. "(b) Regulations under subsection (a) shall require that, before being assigned to duty as a program manager, a person— "(1) must have attended the program management course at the Defense Systems Management College or a comparable program management course at another institution; and "(2) must have at least eight years experience in the acquisition, support, and maintenance of weapon systems, at least two of which were performed while assigned to a procurement command. "(c) A period of time spent pursuing a program of postgraduate education in a technical or management field or attending the course referred to in subsection (b)(1) may be counted toward the eight-year requirement prescribed in subsection (b)(2). "(d) In assigning any person to duty as a program manager, the Secretary concerned may waive the requirements of subsection (b) in individual cases. The authority to waive such requirements may not be delegated. officers "(a) The Secretary of each military department shall prescribe regulations establishing requirements for the education, training, and experience of general or flag officers assigned to duty in a procurement command. Such regulations shall be subject to the approval of the Secretary of Defense. '(b) Regulations prescribed under subsection (a) shall require that in order for an officer of a military department to serve in a flag or general officer grade while assigned to duty in a procurement command, the officer must meet the education and experience requirements for program managers prescribed in section 1622(b) of this title. "(c) The Secretary concerned may waive the requirements for Eissignment to duty described in subsection (a). The authority to waive such requirements may not be delegated. "§ 1624. Training program: quality assurance personnel "The Secretary of Defense shall develop a training program for all personnel of the Department of Defense who are responsible for assuring quality in contractor facilities. The program shall be at least four weeks in duration. A person assigned to perform quality assurance duties in the Department of Defense shall, to the maximum extent practicable, attend such program during the first six months of the assignment to such duties.". (2) The tables of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part II of such subtitle are each amended by inserting after the item relating to chapter 83 the following new item:
 * '§ 1623. Education, training, and experience: flag and general

"85. Procurement Management Personnel

1621".

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/721

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 699

(b) EFFECTIVE DATES.—(1) Section 1623 of title 10, United States 10 USC 1623 Code (as added by subsection (a)), shall take effect on July 1, 1990. ^°^(2) Section 1624 of title 10, United States Code (as added by 10 USC 1624 subsection (a)), shall take effect on January 1, 1987. ^°^(3) The regulations prescribed under subsection (a) of section 1622 10 USC 1622 of title 10, United States Code (as added by subsection (a)), shall ^o*«provide that— (A) the requirement described in subsection (b)(1) of such section shall take effect on July 1, 1987; and (B) the requirement described in subsection (b)(2) of such section shall take effect on July 1, 1989. SEC. 92.5. ASSIGNMENT OF PRINCIPAL CONTRACTING OFFICERS (a) DEVELOPMENTAL POLICY.—The Secretary of Defense shall develop a policy regarding the mobility and regular rotation of principal administrative and corporate administrative contracting officers in the Department of Defense. (b) REPORT.—The Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives not later than January 1, 1986, a report on such policy. (c) IMPLEMENTATION.—Such policy shall be implemented not later than April 1, 1986.

10 USC 2304

PART C—FALSE CLAIMS, DEBARMENT, BURDEN OF PROOF, AND RELATED MATTERS

SEC. 931. INCREASED PENALTIES FOR FALSE CLAIMS IN DEFENSE PROCUREMENT (a) CRIMINAL FINES.—Notwithstanding sections 287 and 3623 of title 18, United States Code, the maximum fine that may be imposed under such section for making or presenting any claim upon or against the United States related to a contract with the Department of Defense, knowing such claim to be false, fictitious, or fraudulent, is $1,000,000. (b) CIVIL PENALTIES.—Notwithstanding section 3729 of title 31, United States Code, the amount of the liability under that section in the case of a person who makes a false claim related to a contract with the Department of Defense shall be a civil penalty of $2,000, an amount equal to three times the amount of the damages the Government sustains because of the act of the person, and costs of the civil action. (c) EFFECTIVE DATE.—Subsections (a) and (b) shall be applicable to claims made or presented on or after the date of the enactment of this Act.

18 USC 287 note. 98 Stat. 2008, 3137.

31 USC 3729 ^°^-

18 USC 287 note,

SEC. 932. PROHIBITION ON FELONS CONVICTED OF DEFENSE-CONTRACT- 10 USC 2304 RELATED FELONIES AND PENALTY ON EMPLOYMENT OF note. SI CH PERSONS BY DEFENSE CONTRACTORS (a) PROHIBITION.—A person who is convicted of fraud or any other felony arising out of a contract with the Department of Defense shall be prohibited from working in a management or supervisory capacity on any defense contract for a period, as determined by the Secretary of Defense, of not less than one year from the date of the conviction.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/722

 99 STAT. 700

PUBLIC LAW 99-145—NOV. 8, 1985 (b) PENALTY.—A defense contractor who knowingly employs a person under a prohibition under subsection (a) shall be fined not more than $500,000. (c) EFFECTIVE DATE.—Subsection (a) shall apply only with respect to crimes committed after the date of the enactment of this Act.

10 USC 2324 note.

SEC. 933. BURDEN OF PROOF IN GOVERNMENT CONTRACT DISPUTE RESOLUTION

In a proceeding before the Armed Services Board of Contract Appeals, the United States Claims Court, or any other Federal court in which the reasonableness of indirect costs for which a contractor seeks reimbursement from the Department of Defense is in issue, the burden of proof shall be upon the contractor to establish that such costs are reasonable.

10 USC 2304 note. 98 Stat. 1192.

SEC. 934. REIMBURSEMENT, INTEREST CHARGES, AND PENALTIES FOR OVERPAYMENTS (a) COST AND PRICING DATA.—If the United States makes an

overpayment to a contractor under a contract with the Department of Defense subject to 2306(f) of title 10, United States Code, and the overpayment was due to the submission by the contractor of inaccurate, incomplete, or noncurrent cost and pricing data, the contractor shall be liable to the United States— (1) for interest on the amount of such overpayment to be computed from the date the payment was made to the contractor to the date the Government is repaid by the contractor at the applicable rate prescribed by the Secretary of the Treasury pursuant to Public Law 92-41 (85 Stat. 97); and (2) if the submission of such inaccurate, incomplete, or noncurrent cost and pricing data was a knowing submission, an amount equal to the amount of the overpayment. Qy) DEFENSE PRODUCTION ACT AMENDMENT.—Section 719 of the

Defense Production Act of 1950 (50 U.S.C. App. 2168) is amended by striking out the third sentence in subsection (h)(1) and inserting in lieu thereof the following: "Such interest shall be set at a rate established by the Secretary of the Treasury pursuant to Public Law 92-41. Such interest shall accrue from the time such payments were made to the contractor or subcontractor to the time such price adjustment is effected.''. 50 USC app. 2168 (c) EFFECTIVE DATE.—This section shall apply only to contracts noteentered into on or after the date of the enactment of this Act.

98 Stat. 1192.

Report.

SEC. 935. SUBPOENAS OF DEFENSE CONTRACTOR RECORDS Section 2313 of title 10, United States Code, is amended by adding at the end thereof the following new subsection: "(d)(1) The Director of the Defense Contract Audit Agency (or any successor agency) may require by subpoena the production of books, documents, papers, or records of a contractor, access to which is provided to the Secretary of Defense by subsection (a) or by section \ 2306(f) of this title. "(2) Any such subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of an appropriate United States district court. "(3) The authority provided by paragraph (1) may not be redelegated. "(4) The Director (or any successor official) shall submit an annual report to the Secretary of Defense on the exercise of such authority

�


text:
Page:Bobbsey Twins at the Seashore.djvu/171

Rh the far shore with this stick, so we'll have to tramp it through the woods. Come along," and carefully he lifted the little ones into the boat, pushing to the woods, and started off to walk the round-about way, through the woods, to the bridge, then along the road back to the Cliffs, where a whole household was in great distress because of the twins' absence.


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/723

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 701

during the preceding year and the reasons why such authority was exercised in any instance. The Secretary shall forward a copy of each such report to the Committees on Armed Services of the Senate and House of Representatives.". PART D—REPORTS SEC. 951. REPORT ON PROHIBITION ON INCLUDING GENERAL AND ADMINISTRATIVE OVERHEAD EXPENSES IN THE COMPUTATION OF CONTRACTOR PROFITS

(a) REPORT.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report in writing of his views regarding the desirability and advisability of legislation or regulations that would prohibit, in the case of a contract awarded by the Department of Defense using procedures other than competitive procedures (as defined in section 2304(c) of title 10, United States Code), the inclusion of any actual or imputed general and administrative expenses of the contractor in the total cost to which a percentage is applied in order to calculate anticipated profit to be earned by the contractor.

98 Stat. 1187.

(b) DESIRABILITY OF WAIVER AUTHORITY.—If the Secretary states in

the report that the Secretary favors such a prohibition, the Secretary shall indicate in the report the desirability and advisability of including in any legislation or regulation imposing such a prohibition the authority for the Secretary to waive the prohibition in particular cases if necessary to avoid inequitable economic hardship or if necessary for other expressly stated reasons. (c) DEADLINE FOR REPORT.—The report shall be submitted not later than 60 days after the date of the enactment of this Act. SEC. 952. REPORT ON USE OF INDEPENDENT COST ESTIMATES FOR MAJOR DEFENSE ACQUISITION PROGRAMS

10 USC 139c note.

(a) REQUIREMENT FOR REPORT.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the continued use of independent cost estimates in the planning, programing, budgeting, and selection process for major defense acquisition programs of the rfsogij^' Department of Defense. (b) MATTERS TO B E INCLUDED.—The report shall be a follow-on to the report required by section 1203(c) of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 10 U.S.C. 1039 note), and 10 USC 139 note, shall include— (1) an overall assessment of the extent to which such estimates were adopted by the Department of Defense in making decisions on the fiscal year 1987 budget and a general explanation of why such estimates might have been modified or rejected; and (2) a statement as to whether adequate personnel and financial resources have been allocated at all levels of the Department of Defense to those organizations or offices charged with developing or assessing independent estimates of the costs of major defense acquisition programs. (c) DEADLINE.—The report shall be submitted not later than April 1, 1986.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/724

 99 STAT. 702

PUBLIC LAW 99-145—NOV. 8, 1985 SEC. 953. GAO STUDY OF FEASIBILITY OF CIVILIAN DEFENSE ACQUISITION AGENCY

(a) STUDY.—The Comptroller General shall carry out a study to review all available evidence, studies, reports, and analyses concerning the organizational structure for defense procurement. (b) REPORT.—(1) After conducting such study, the Comptroller General shall submit to Congress a report concerning the advantages and disadvantages of the establishment of an agency either within or outside the Department of Defense with the mission of coordinating, supervising, directing, and performing all procurement functions for the Department of Defense. (2) The report required by paragraph (1) shall be submitted not later than one year after the date of the enactment of this Act. SEC. 954. REPORT ON SUSPENSION AND DEBARMENT OF DEFENSE CONTRACTORS

(a) REQUIRED REPORT.—The Secretary of Defense shall submit to Congress a report on the policies prescribed and actions taken by the Secretary to implement the recommendations contained in the report of the Inspector General of the Department of Defense entitled "Review of Suspension and Debarment Activities Within the Department of Defense", dated May 1984. (b) COOPERATION WITH THE OFFICE OP INSPECTOR GENERAL.—The

report under subsection (a) shall be prepared in cooperation with the Office of the Inspector General of the Department of Defense. (c) DEADLINE FOR REPORT.—The report shall be submitted not later than 180 days after the date of the enactment of this Act. SEC. 955. REPORT ON THE USE OF COMPETITION UNDER SECTION 8(a) SETASIDE PROGRAM (a) REQUIREMENT FOR REPORT.—The Secretary of Defense and the

15 USC 637.

Administrator of the Small Business Administration shall each submit to the Committees on Armed Services and on Small Business of the Senate and House of Representatives a report on the feasibility of providing for the use of competitive procedures for contracts awarded by the Department of Defense under the set-aside program of the Small Business Administration under section 8(a) of the Small Business Act. (b) DEADLINE FOR REPORTS.—The reports required by subsection (a) shall be submitted not later than 180 days after the date of the enactment of this Act. SEC.

956. REPORT ON EFFORTS TO INCREASE DEFENSE CONTRACT AWARDS TO INDIAN-OWNED BUSINESSES

(a) REPORT REQUIREMENT.—The Secretary of Defense shall submit to Congress a report on the efforts by the Department of Defense during fiscal years 1984 and 1985 to increase contract awards to Indian-owned businesses in accordance with the memorandum of understanding between the Department of Defense and the Small Business Administration of September 29, 1983. Such report shall include, to the maximum extent practicable, any data regarding the number and value of prime contracts awarded by the Department during such fiscal years to such businesses. (b) DEADLINE FOR REPORT.—Such report shall be submitted by March 31, 1986. (c) DEFINITION.—For the purposes of this section, the term "Indian-owned business" means a business firm owned and con-

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/725

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 703

trolled by American Indians, including a tribally owned for-profit entity. PART E—TECHNICAL AMENDMENTS TO FEDERAL PROCUREMENT LAW

SEC. 961. TECHNICAL CORRECTIONS TO FEDERAL PROCUREMENT LAW (a) SIMPUFICATION OF PROCEDURES FOR CERTAIN NONCOMPETITIVE

PURCHASES.—(1) The second sentence of section 2304(f)(2) of title 10, United States Code, is amended to read as follows: "The justification and approval required by paragraph (1) is not required— "(A) when a statute expressly requires that the procurement be made from a specified source; "(B) when the agency's need is for a brand-name commercial item for authorized resale; "(C) in the case of a procurement permitted by subsection (c)(7);or "(D) in the case of a procurement conducted under (i) the Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as the Wagner-O'Day Act, or (ii) section 8(a) of the Small Business Act (15 U.S.C. 637(a)).". (2) The second sentence of section 303(fK2) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(fK2)) is amended to read as follows: "The justification and approval required by paragraph (1) is not required— "(A) when a statute expressly requires that the procurement be made from a specified source; "(B) when the agency's need is for a brand-name commercial item for authorized resale; "(C) in the case of a procurement permitted by subsection (c)(7); or "(D) in the case of a procurement conducted under (i) the Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as the Wagner-O'Day Act, or (ii) section 8(a) of the Small Business Act (15 U.S.C. 637(a)).". (b) NATO MUTUAL SUPPORT PROCUREMENT.—Section 23230t)) of chapter 138 of title 10, United States Code, is amended by striking out "section 2304(g)" and inserting in lieu thereof "section 2304(a)". (c) ADP PROCUREMENT.—Section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) is amended by adding at the end thereof the following new subsection: "(i) The justifications and approvals required by section 303(0(1) of this Act shall apply in the case of any procurement under this section for which the minimum needs are so restrictive that only one manufacturer is capable of satisfying such needs. Such procurement includes either a sole source procurement or a procurement by specific make and model. Such justification and approval shall be required notwithstanding that more than one bid or offer is made or that the procurement obtains price competition and such procurement shall be treated as a procurement using procedures other than competitive procedures for purposes of section 19(b) of the Office of Federal Procurement Policy Act (41 U.S.C. 417(b)).". (d)

98 Stat. 3086.

98 Stat. 3086.

98 Stat. 1182. 98 Stat. 1175. ^^ USC 253.

98 Stat. 1197.

CLARIFICATION OF REGULATIONS CONCERNING TECHNICAL

DATA.—(1) Section 2320(a)(1) of title 10, United States Code, is 98 Stat. 2595. amended by striking out "the technical data" and inserting in lieu thereof "the item or process to which the technical data pertains".

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/726

 99 STAT. 704 98 Stat. 3074.

98 Stat. 3074. 10 USC 2304 note. 98 Stat. 1175. 41 USC 251 note.

PUBLIC LAW 99-145—NOV. 8, 1985 (2) Section 21(c)(l) of the Office of Federal Procurement Policy Act (41 U.S.C. 418a(c)(l)) is amended by striking out "the technical data" and inserting in lieu thereof "the item or process to which the technical data pertains". (3) The second sentence of section 301(c) of the Small Business and Federal Procurement Competition Enhancement Act of 1984 (41 U.S.C. 418a note) is amended by striking out "July 1, 1985" and inserting in lieu thereof "October 19, 1985". (e) EFFECTIVE DATE.—The amendments made by subsections (a), 0)), and (c) shall take effect as if included in the enactment of the Competition in Contracting Act of 1984 (title VII of division B of Public Law 98-369).

TITLE X—MATTERS RELATING TO ARMS CONTROL Union of Soviet Socialist Republics.

SEC. 1001. POLICY ON COMPLIANCE WITH EXISTING STRATEGIC OFFENSIVE ARMS AGREEMENTS

(a) SENSE OF CONGRESS.—It is the sense of Congress that— (1) the United States should vigorously pursue with the Soviet Union the resolution of concerns of the United States over Soviet compliance with existing strategic arms control agreements and should seek corrective actions through confidential diplomatic channels, including, if appropriate, the Standing Consultative Commission and the Nuclear and Space Arms negotiations; (2) the Soviet Union should take positive steps to resolve the compliance concerns of the United States about existing strategic offensive arms agreements in order to maintain the integrity of those agreements and to strengthen the positive environment necessary for the successful negotiation of a new strategic offensive arms agreement; (3) the United States should continue, through December 31, 1986, to refrain from undercutting the provisions of existing strategic offensive arms agreements— (A)(i) to the extent that the Soviet Union refrains from undercutting those provisions; and (ii) if the Soviet Union actively pursues arms reduction agreements in the Nuclear and Space Arms negotiations; or (B) until a new strategic offensive arms agreement between the United States and the Soviet Union is concluded; (4) the President— President of U.S. (A) should carefully consider the impact of any change in the current policy of the United States regarding existing strategic offensive arms agreements on the long-term security interests of the United States and its allies; and (B) should consult with Congress before making any change in that policy; and (5) any decision by the President to continue the existing United States no-undercut policy beyond December 31, 1986, should be a matter for consultation between the President and Congress and for subsequent review and debate by Congress. (b) REQUIREMENT FOR REPORT.—Not later than February 1, 1986, President of U.S. the President shall submit to Congress a report containing the following:

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/727

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 705

(1) A range of projections and comparisons, on a year-by-year basis, of United States and Soviet strategic weapons dismantlements that would be required over the next five years if the United States and the Soviet Union were to adhere to a policy of not undercutting existing strategic arms control agreements. (2) A range of projections and comparisons, on a year-by-year basis, of likely United States and Soviet strategic offensive force inventories over the next five years assuming a termination at the end of 1985 in the current no-undercut policy. (3) An assessment of the possible Soviet political, military, and negotiating responses to the termination of the United States no-undercut policy. (4) Recommendations regarding the future of United States interim restraint policy. (c) PROPOSAL OF MEASURES.—If the President finds and reports to Congress that— (1) the Soviet Union has violated the provisions of any strategic arms agreement; and (2) such violations impair or threaten the security of the United States, the President may propose to Congress such measures as he consid- Defense and national ers necessary to protect the security of the United States. (d) SCOPE OF POLICY.—Nothing in this section shall be construed— security. (1) to restrain or inhibit the constitutional powers of the President; (2) to endorse unilateral United States compliance with existing strategic arms agreements; (3) as prohibiting the United States from carrying out proportionate responses to Soviet undercutting of strategic arms provisions; (4) as prohibiting or delaying the development, flight testing, or deployment of the small intercontinental ballistic missile (SICM) as authorized by law; or (5) as establishing a precedent to continue the no-undercut policy beyond December 31, 1986. SEC. 1002. ANNUAL REPORT ON SOVIET COMPLIANCE WITH ARMS CONTROL COMMITMENTS

President of U.S. 22 USC 2592a.

Not later than December 1, 1985, and not later than December 1 of each following year, the President shall submit to the Congress a report (in both classified and unclassified versions) containing, with respect to the compliance of the Soviet Union with its arms control commitments, the findings of the President and any additional information necessary to keep the Congress currently informed. SEC. 1003. STUDY OF ARMS CONTROL VERIFICATION CAPABILITIES (a) INTERAGENCY STUDY.—The President shall provide for an inter-

agency study with the purpose of determining possible avenues for cooperation between the United States and the Soviet Union in the development of capabilities not subject to national security restrictions for verification of compliance with arms control agreements. Areas of possible cooperation to be examined shall include— (1) limited exchanges of data and scientific personnel; and (2) the conduct of a joint technological effort in the area of seismic monitoring.

Union of Soviet Socialist Republics. President of U.S.

�


text: The Bobbsey Twins at the Seashore/Chapter 15


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/728

 99 STAT. 706

PUBLIC LAW 99-145—NOV. 8, 1985 (b) AGENCIES INCLUDED.—The President shall provide for participation in the interagency study under subsection (a) by— (1) the Secretary of State; (2) the Secretary of Defense; (3) the Secretary of Energy; (4) the Director of the Arms Control and Disarmament Agency; (5) the heads of appropriate intelligence agencies; (6) the Joint Chiefs of Staff; and (7) such other officers as the President may designate. (c) REPOBT.—(1) The President shall submit to Congress a report on the results of the interagency study. (2) The report shall be submitted in both a classified and unclassified version. (3) The report shall be submitted not later than May 1, 1986. SEC. 1004. SENSE OF CONGRESS RELATING TO UNITED STATES-SOVIET NEGOTIATIONS ON REDUCTION IN NUCLEAR ARMS

It is the sense of the Congress— (1) that the President of the United States and the General Secretary of the Communist Party of the Union of Soviet Socialist Republics should be commended for their willingness to meet to discuss major issues in United States-Soviet relations; and (2) that following thorough preparation, such meetings should be used to work for the realization of mutual, equitable, and verifiable reductions in nuclear arms. SEC 1005. PILOT PROGRAM FOR EXCHANGE OF CERTAIN HIGH-RANKING MILITARY AND CIVILIAN PERSONNEL WITH THE SOVIET UNION

Ante, p. 615.

(a) SUBMISSION OF PLAN.—The Secretary of Defense shall submit to the appropriate committees of Congress a plan for the establishment and operation during fiscal year 1986 of a pilot program for the exchange of visits between— (1) high-ranking officers of the Armed Forces of the United States and high-ranking civilian officials of the Department of Defense; and (2) corresponding high-ranking officers and officials of the Soviet Union. (b) REQUIREMENTS OF PLAN.—Such plan shall include— (1) specific identification of the United States officers and officials selected for participation in the program; (2) the proposed length of the exchange visits with the Soviet Union; (3) a description of the specific goals of each exchange visit; (4) an estimate of the cost to the United States of participation in each visit; (5) a description of any special actions that will be taken to protect classified information of the United States during any visit to the United States by officers or officials of the Soviet Union who are participating in the p n ^ r a m; and (6) any other details of the prt^ram that the Secretary considers appropriate. (c) AVAILABILITY OF FUNDS.—Of the funds appropriated pursuant to section 301(a), the sum of $100,000 shall be available only for costs required for participation by the United States in the pilot program

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/729

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 707

described in subsection (a), including costs for travel, subsistence, and other support expenses. (d) DEADLINE FOR PLAN.—The Secretary shall submit the plan required by subsection (a) not later than December 1, 1985. SEC. 1006. REPORT ON NUCLEAR WINTER FINDINGS AND POLICY IMPLICATIONS (a) CONTINUED PARTICIPATION IN INTERAGENCY STUDIES.—Notwith-

standing any limitation in any other provision of this Act, the Secretary of Defense, in accordance with section 1107(a) of the Department of Defense Authorization Act, 1985 (Public Law 98-525), 98 Stat. 2583. shall participate in any comprehensive interagency study conducted on the atmospheric, climatic, environmental, and biological consequences of nuclear war and the implications that such consequences have for the nuclear weapons strategy and policy, the arms control policy, and the civil defense policy of the United States. (b) REPORT ON NUCLEAR WINTER FINDINGS.—Not later than March 1, 1986, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an unclassified report suitable for release to the public, together with classified addenda (if required), concerning the subject described in subsection (a). The Secretary shall include in such report the following: (1) A detailed review and assessment of the findings in the current body of domestic and international scientific literature on the atmospheric, climatic, environmental, and biological consequences of nuclear explosions and nuclear exchanges. (2) A thorough evaluation of the implications that such findings have on— (A) the nuclear weapons policy of the United States, especially with regard to strategy, targeting, planning, command, control, procurement, and deployment; (B) the nuclear arms control policy of the United States; and (C) the civil defense policy of the United States. (3) A discussion of the manner in which the results of such evaluation of policy implications will be incorporated into the nuclear weapons, arms control, and civil defense policies of the United States. (4) An analysis of the extent to which current scientific Union of Soviet findings on the consequences of nuclear explosions are being Socialist Republics. studied, disseminated, and used in the Soviet Union.

TITLE XI—MATTERS RELATING TO NATO SEC. IIOL LIMITED AUTHORITY TO EXCEED PERMANENT CEILING ON UNITED STATES FORCES ASSIGNED TO NATO

Section 1002(c)(1) of the Department of Defense Authorization Act, 22 USC 1928 1985 (Public Law 98-525; 98 Stat. 2575), is amended by adding at the note. end thereof the following new sentence: "The Secretary of Defense Armed Forces. may exceed such permanent ceiling in any year by a number equal to not more than Vz of 1 percent for the purpose of achieving sound management in the rotation of members of the Armed Forces of the United States to and from assignment to permanent duty ashore in European member nations of NATO, but only if the Secretary determines that the increase in such year is necessary for such purpose.".

�


text: Author talk:Alexander Lange Kielland

title: Author talk:Alexander Lange Kielland


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/730

 99 STAT. 708

PUBLIC LAW 99-145—NOV. 8, 1985 SEC. 1102. NORTH ATLANTIC TREATY ORGANIZATION COOPERATIVE PROJECTS

Ante, p. 199.

(a) REVISION OF AUTHORITY.—(1) Section 27 of the Arms Export Control Act (22 U.S.C. 2767) is amended to read as follows: NORTH ATLANTIC TREATY ORGANIZATION COOPERATIVE PROJECTS

International agreements.

Contracts.

"SEC. 27. (a) The President may enter into a cooperative project agreement with the North Atlantic Treaty Organization (NATO) or with one or more member countries of that organization. "(b) As used in this section— "(1) the term 'cooperative project' means a jointly managed arrangement, described in a written agreement among the parties, which is undertaken in order to further the objectives of standardization, rationalization, and interoperability of the armed forces of North Atlantic Treaty Organization member countries and which provides— "(A) for one or more of the other participants to share with the United States the costs of research on and development, testing, evaluation, or joint production (including follow-on support) of certain defense articles; "(B) for concurrent production in the United States and in another member country of a defense article jointly developed in accordance with clause (A); or "(C) for procurement by the United States of a defense article or defense service from another member country; and "(2) the term 'other participant' means a participant in a cooperative project other than the United States. "(c) Each agreement for a cooperative project shall provide that the United States and each of the other participants will contribute to the cooperative project its equitable share of the fuU cost of the cooperative project and will receive an equitable share of the results of the cooperative project. The full costs of such cooperative project shall include overhead and administrative costs. The United States and the other participants may contribute their equitable shares of the full cost of such cooperative project in funds or in defense articles or defense services needed for the project. Military assistance and financing received from the United States Government may not be used by any other participant to provide its share of the cost of such cooperative project. Such agreements shall provide that no requirement shall be imposed by a participant for worksharing or other industrial or commercial compensation in connection with such g^eement that is not in accordance with such s^eement. "(d) "ITie President may enter into contracts or incur other obligations for a cooperative project on behalf of the other participants, without charge to any appropriation or contract authorization, if each of the other participants in the cooperative project agrees (1) to pay its equitable share of the contract or other obligations, and (2) to make such funds available in such amounts and at such times as may be required by the contract or such other obligations and to pay any damages and costs that may accrue from the performance of or cancellation of such contract or other obligations in advance of the time such payments, damages, or costs are due. "(e) With the approval of the Secretary of State and the Secretary of Defense, a cooperative agreement entered into by the United States before the date of the enactment of the Department of

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/731

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 709

Defense Authorization Act, 1986, that otherwise meets the requirements of this section may be treated on and after such date as having been made under this section. "(fKD For those cooperative projects entered into on or after the date of the enactment of the Etepartment of Defense Authorization Act, 1986, the President may reduce or waive the charge or charges which would otherwise be considered appropriate under section 21(e) of this Act in connection with sales under sections 21 and 22 of this Act when such sales are made as part of the cooperative project. However, the President may reduce or waive such charge or charges only if the other participants agree to reduce or waive corresponding charges. "(2) Notwithstanding section 21(e)(l)(A) and section 43(b) of this Act, administrative surcharges shall not be increased on other sales made under this Act in order to compensate for reductions or waivers of such surcharges under this section. Funds received pursuant to such other sales shall not be available to reimburse the costs incurred by the United States Government for which reduction or waiver is approved by the President under this section. "(g) Not less than 15 days before a cooperative project agreement is signed on behalf of the United States, the President shall transmit to the Speaker of the House of Representatives, the chairman of the Committee on Foreign Relations of the Senate, and the chairman of the Committee on Armed Services of the Senate a numbered certification with respect to such proposed agreement, setting forth— "(A) a detailed description of the cooperative project with respect to which the certification is made; "(B) an estimate of the quantity of the defense articles expected to be produced in furtherance of such cooperative project; "(C) an estimate of the full cost of the cooperative project, with an estimate of that part of the full cost to be incurred by the United States Government for its participation in such cooperative project and an estimate of that part of the full costs to be incurred by the other participants; "(D) an estimate of the dollar value of the funds to be contributed by the United States and each of the other participants on beh^f of such cooperative project; "(E) a description of the defense articles and defense services expected to be contributed by the United States and each of the other participants on behalf of such cooperative project; "(F) a statement of the foreign policy and national security benefits anticipated to be derived from such cooperative project; and "(G) to the extent known, whether it is likely that prime contracts will be awarded to particular prime contractors or subcontracts will be awarded to particular subcontractors to comply with the proposed agreement. "(h) Section 36(b) of this Act shall not apply to sales made under section 21 or 22 of this Act and to production and exports made pursuant to cooperative projects under this section, and section 36(c) of this Act shall not apply to the issuance of licenses or other approvsds under section 38 of this Act, if such sales are made, such production and exports ensue, or such licenses or approvals are issued as part of a cooperative project.

Ante, p. 583.

Ante, p. 197. 22 USC 2762.

Ante, p. 204.

i <i iiii,?\

Ante, p. 203

Ante, pp. 156, 203, 204.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/732

 99 STAT. 710 Ante, p. 197. 22 USC 2762. Ante, p. 583.

Ante, p. 201.

Ante, p. 201.

Ante, p. 199.

Ante, p. 201. Ante, p. 199.

22 USC 2752 note. Ante, p. 190. Ante, p. 689.

PUBLIC LAW 99-145—NOV. 8, 1985 "(i) The authority under this section is in addition to the authority under sections 21 and 22 of this Act and under any other provision of law. "(j) Notwithstanding the amendments made to this section by the Department of Defense Authorization Act, 1986, projects entered into under this section before the date of such amendments may be carried through to conclusion in accordance with the terms of this section as in effect immediately before the effective date of amendments.". (2) Section 2(b) of such Act (22 U.S.C. 2752(b)) is amended to read as follows: "(b) Under the direction of the President, the Secretary of State (taking into account other United States activities abroad, such as military assistance, economic assistance, and food for peace program) shall be responsible for the continuous supervision and general direction of sales, leases, financing, cooperative projects, and exports under this Act, including, but not limited to, determining— "(1) whether there will be a sale to or financing for a country and the amount thereof; "(2) whether there will be a lease to a country; "(3) whether there will be a cooperative project and the scope thereof; and "(4) whether there will be delivery or other performance under such sale, lease, cooperative project, or export, to the end that sales, financing, leases, cooperative projects, and exports will be integrated with other United States activities and to the end that the foreign policy of the United States would be best served thereby.". (3) Section 3(a) of such Act (22 U.S.C. 2753(a)) is amended— (A) in the text preceding clause (1), by inserting ", and no agreement shall be entered into for a cooperative project (as defined in section 27(b) of this Act)," after "international organization,"; (B) in paragraph (2)— (i) by inserting ", or produced in a cooperative project (as defined in section 27 of this Act)" after "so furnished to it"; (ii) by inserting "(or the North Atlantic Treaty Organization or the specified member countries (other than the United States) in case of a cooperative project)" after "international organization" the second place it appears; and (C) in paragraph (3), by inserting "or service" after "such article" both places it appears. (4) Section 42(e) of such Act (22 U.S.C. 2791(e)) is amended— (A) in paragraph (1), by inserting ", and each contract entered into under section 27(d) of this Act," after "of this Act"; and (B) in paragraph (3), by inserting "or under contracts entered into under section 27(d) of this Act" after "of this Act". (5) The amendments made by this subsection are repealed effective as of the effective date of similar amendments to the Arms Export Control Act in the International Security and Development Cooperative Act of 1985 or any other law. (b) AMENDMENT TO TITLE 10, UNITED STATES CODE.—(1) Chapter 141 of title 10, United States Code (as amended by section 917), is amended by adding at the end thereof the following new section:

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/733

 PUBLIC LAW 99-145—NOV. 8, 1985 "§2407. Acquisition of defense equipment under North Atlantic Treaty Organization cooperative projects "(a)(1) If the President delegates to the Secretary of Defense the authority to carry out section 27(d) of the Arms Export Control Act (22 U.S.C. 2767(d)), relating to North Atlantic Treaty Organization (NATO) cooperative projects (as defined in such section), the Secretary may utilize his authority under this title in carrying out contracts or obligations incurred under such section. "(2) Except as provided in subsection (c), chapter 137 of this title shall apply to such contracts (referred to in paragraph (1)) entered into by the Secretary of Defense. Except to the extent waived under subsection (c) or some other provision of law, all other provisions of law relating to procurement, if otherwise applicable, shall apply to such contracts entered into by the Secretary of Defense. "(b) When contracting or incurring obligations under section 27(d) of the Arms Export Control Act for cooperative projects, the Secretary of Defense may require subcontracts to be awarded to particular subcontractors in furtherance of the cooperative project. "(c)(1) Subject to paragraph (2), when entering into contracts or incurring obligations under section 27(d) of the Arms Export Control Act outside the United States, the Secretary of Defense may waive with respect to any such contract or subcontract the application of any provision of law, other than a provision of the Arms Export Control Act or section 2304 of this title, that specifically— "(A) prescribe procedures to be followed in the formation of contracts; "(B) prescribe terms and conditions to be included in contracts; "(C) prescribe requirements for or preferences to be given to goods grown, produced, or manufactured in the United States or in United States Government-owned facilities or for services to be performed in the United States; or "(D) prescribe requirements regulating the performance of contracts. "(2) A waiver may not be made under paragraph (1) unless the Secretary determines that the waiver is necessary to ensure that the cooperative project will significantly further NATO standardization, rationalization, and interoperability. "(3) The authority of the Secretary to make waivers under this subsection may be delegated only to the Deputy Secretary of Defense or the Acquisition Executive designated for the Office of the Secretary of Defense. "(d)(1) The Secretary of Defense shall notify the Congress each time he requires that a prime contract be awarded to a particular prime contractor or that a subcontract to be awarded to a particular subcontractor to comply with a cooperative agreement. The Secretary shall include in each such notice the reason for exercising his authority to designate a particular contractor or subcontractor, as the case may be. "(2) The Secretary shall also notify the Congress each time he exercises a waiver under subsection (c) and shall include in such notice the particular provision or provisions of law that were waived. "(3) A report under this subsection shall be required only to the extent that the information required by this subsection has not been

99 STAT. 711 Contracts. 10 USC 2407.

Ante, p. 199,

10 USC 2301 et

22 USC 2751 note. 98 Stat. 1187. 10 USC 2304.

Report.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/734

 99 STAT. 712 Ante, p. 199.

PUBLIC LAW 99-145—NOV. 8, 1985 provided in a report made by the President under section 27(e) of the Arms Export Control Act (22 U.S.C. 2767(e)). "(e)(1) In carrying out a cooperative project under section 27 of the Arms Export Control Act, the Secretary of Defense may agree that a participant (other than the United States) may make a contract for requirements of the United States under the project if the Secretary determines that such a contract will significantly further NATO standardization, rationalization, and interoperability. Except to the extent waived under this section or under any other provision of law, the Secretary shall ensure that such contract will be made on a competitive basis and that United States sources will not be precluded from competing under the contract. "(2) If a participant (other than the United States) in a NATO cooperative project makes a contract on behalf of such project to meet the requirements of the United States, the contract may permit the contracting party to follow its own procedures relating to contracting. "(f) In carrying out a cooperative project, the Secretary of Defense may also agree to the disposal of property that is jointly acquired by the members of the project without regard to any laws of the United States applicable to the disposal of property owned by the United States. Disposal of such property may include a transfer of the interest of the United States in such property to one of the other governments participating in the cooperative agreement or the sale of such property. Payment for the transfer or sale of any interest of the United States in any such property shall be made in accordance with the terms of the cooperative agreement. "(g) Nothing in this section shall be construed as authorizing— "(1) the Secretary of Defense to waive any of the financial management responsibilities administered by the Secretary of the Treasury; or "(2) to waive the cargo preference laws of the United States, including the Military Cargo Preference Act of 1904 (10 U.S.C. 2631) and the Cargo Preference Act of 1954 (46 U.S.C. 1241(b)).". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "2407. Acquisition of defense equipment under North Atlantic Treaty Organization cooperative projects.".

10 USC 2407

SEC. 1103. NATO COOPERATIVE RESEARCH AND DEVELOPMENT

(a) FINDINGS.—The Congress hereby finds— (1) that for more than a decade the member nations of the North Atlantic Treaty Organization (NATO) have provided in the aggregate significantly larger resources for defense purposes than have the member nations of the Warsaw Treaty Organization; (2) that, despite this fact, the Warsaw Treaty Organization member nations have produced and deployed many more major combat items such as tanks, armored personnel carriers, artillery pieces and rocket launchers, armed helicopters, and tactical combat aircraft than have the member nations of NATO; and (3) that a major reason for this discouraging performance by NATO is inadequate cooperation among NATO nations in research, development, and production of military end-items of equipment and munitions.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/735

 PUBLIC LAW 99-145—NOV. 8, 1985 (b) CONGRESSIONAL REQUEST FOR COOPERATION ON R&D.—The Congress, therefore, urges and requests the President, the Secretary of Defense, and the United States Representative to the North Atlantic Treaty Organization to pursue diligently opportunities for member nations of NATO to cooperate— (1) in research and development on defense equipment and munitions; and (2) in the production of defense equipment, including— (A) coproduction of conventional defense equipment by the United States and other member nations of NATO; and (B) production by United States contractors of conventional defense equipment designed and developed by other member nations of NATO. (c) FUNDS FOR COOPERATIVE PROJECTS.—(1) Of the funds appropriated pursuant to the authorizations in section 201(a) $200,000,000 shall be available, in equal amounts, to the Army, Navy, Air Force, and Defense Agencies only for NATO cooperative research and development projects as provided in this section. (2) As used in this section, the term "cooperative research and development project" means a project involving joint participation by the United States and one or more other member nations of NATO under a memorandum of understanding (or other formal agreement) to carry out a joint research and development pr(^ram— (A) to develop new conventional defense equipment and munitions; or (B) to modify existing military equipment to meet United States military requirements. (d) RESTRICTIONS.—(1) A memorandum of understanding (or other formal agreement) to conduct a cooperative research and development project may not be entered into unless the Secretary of Defense determines that the proposed project enhances the ongoing multinational effort to improve NATO's conventional defense capabilities through the application of emerging technology. (2) The Secretary may not delegate the authority to make a determination under paragraph (1) except to the Deputy Secretary of Defense or the Under Secretary of Defense for R ^ a r c h and Engineering. (e) RESTRICTIONS ON PROCUREMENT OF EQUIPMENT AND SERVICES.—

In order to assure substantial participation on the part of other member nations of NATO in approved cooperative research and development projects, funds made available under subsection (c) for such projects may not be used to procure equipment or services from any foreign government, foreign research organization, or other foreign entity. (f) C!ooPERATivE OPPORTUNITIES DOCUMENT.—(I)(A) In order to ensure that opportunities to conduct cooperative research and development projects are considered during the early decision points in the Department of Defense's formal development review process in connection with any planned project of the Department of Defense, the Under Secretary of Defense for Research and Engineering shall prepare a formal arms cooperation opportunities document for review by the Defense Systems Acquisition Review C!ouncil at its formal meetings. (B) The Under Secretary shall also prepare an arms cooperation opportunities document for review of each new project for which a Justification of M^or Systems New Start document is prepared.

99 STAT. 713

Ante, p. 605.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/736

 99 STAT. 714

Ante, p. 605.

PUBLIC LAW 99-145—NOV. 8, 1985 (2) The formal arms cooperation opportunities document referred to in paragraph (1) shall include the following: (A) A statement indicating whether or not a project similar to the one under consideration by the Department of Defense is in development or production by one or more of the other NATO member nations. (B) If a project similar to the one under consideration by the Department of Defense is in development by one or more other member nations of NATO, an assessment by the Under Secretary of Defense for Research and Engineering as to whether that project could satisfy, or could be modified in scope so as to satisfy, the military requirements of the project of the United States under consideration by the Department of Defense. (C) An assessment of the advantages and disadvantages with regard to program timing, developmental and life cycle costs, technology sharing, and Rationalization, Standardization, and Interoperability (RSI) of seeking to structure a cooperative development program with one or more other NATO member nations. (D) The recommendation of the Under Secretary of Defense for Research and Engineering as to whether the Department of Defense should explore the feasibility and desirability of a cooperative development program with one or more other member nations of NATO. (g) SiDE-BY-SiDE TESTING.—(1) It is the sense of Congress— (A) that the Department of Defense should perform more sideby-side testing of conventional defense equipment manufactured by the United States and other member nations of NATO; and (B) that such testing should be conducted at the late stage of the development process when there is usually only a single United States prime contractor. (2) In addition to any funds appropriated for activities of the Director of Defense Test and Evaluation pursuant to section 201(a), $50,000,000 shall be available to the Director, from any other funds appropriated to the Department of Defense for fiscal year 1986, for the acquisition of items of the type specified in paragraph (3) manufactured by other member nations of NATO for side-by-side comparison testing with comparable items of United States manufacture. (3) Items that may be acquired by the Director of Defense Test and Evaluation under paragraph (2) include the following: (A) Submunitions and dispensers. (B) Anti-tank and anti-armor guided missiles. (C) Mines, for both land and naval warfare. (D) Runway-cratering devices. (E) Torpedoes. (F) Mortar systems. (G) Light armored vehicles and major subsystems thereof. (H) Utility vehicles. (I) High-velocity anti-tank guns. (J) Short-Range Air Defense Systems (SHORADS). (K) Mobile air defense systems and components. (4) The Director of Defense Test and Evaluation shall notify the Committees on Armed Services and on Appropriations of the Senate and House of Representatives of his intent to obligate funds made

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/737

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 715

available to carry out this subsection not less than 30 days before such funds are obligated. (5) Not later than February 1 of each year, the Director of Defense Report. Test and Evaluation shall submit to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives a report— (A) on the systems, subsystems, and munitions produced by other member nations of NATO that were evaluated during the previous fiscal year by the Director; and (B) on the obligation of any funds under this subsection during the previous fiscal year. (h) SECRETARY TO ENCOURAGE SIMILAR NATO PROGRAMS.—The Secretary of Defense shall encourage other member nations of NATO to establish programs similar to the one provided for in this section.

TITLE XII—DEPARTMENT OF DEFENSE MANAGEMENT PART A—MANAGEMENT OF FACILITIES AND D O D ORGANIZATION SEC. 1201. ANNUAL SELECTED ACQUISITION REPORTS

Subsection (c) of section 139a of title 10, United States Code, is amended to read as follows: "(c)(1) Each Selected Acquisition Report for the first quarter for a fiscal year shall include— "(A) the same information, in detailed and summarized form, as is provided in reports submitted under section 139 of this title; "(B) the current program acquisition unit cost for each major defense acquisition program included in the report and the history of that cost from the date the program was first included in a Selected Acquisition Report to the end of the quarter for which the current report is submitted; and "(C) such other information as the Secretary of Defense considers appropriate. "(2) Each Selected Acquisition Report for the first quarter of a fiscal year shall be prepared and submitted with the same content as was used for the Selected Acquisition Report for the first quarter of fiscal year 1984. "(3) In addition to the material required by paragraphs (1) and (2), each Selected Acquisition Report for the first quarter of a fiscal year shall include— "(A) a full life-cycle cost analysis for each major defense acquisition program included in the report that— "(i) is in the full-scale engineering development stage or has completed that stage; and "(ii) was first included in a Selected Acquisition Report for a quarter after the first quarter of fiscal year 1985; "(B) if the system that is included in that major defense acquisition program has an antecedent system, a full life-cycle cost analysis for that system; and "(C) production information for each major defense acquisition program included in the report, including (with respect to each such program)—

10 USC 139.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/738

 99 STAT. 716

98 Stat. 2624.

PUBLIC LAW 99-145—NOV. 8, 1985 "(i) specification of the baseline production rate for each year of production of the program, defined as the production rate for each fiscal year through completion of procurement assumed in the decision to proceed with production (commonly referred to as the "Milestone III" decision); "(ii) specification of the production rate for each fiscal year through completion of procurement assumed in the cost-effectiveness analysis prepared in conjunction with the decision to proceed with full-scale engineering development (commonly referred to as the "Milestone II" decision); "(iii) specification of the maximum production rate for each year of production under the program, defined as the production rate for each fiscal year through completion of procurement attainable with the facilities and tooling currently programmed to be available for procurement under the program or otherwise provided by Government funds; "(iv) specification of the current production rate for each year of production, defined as the production rate for the fiscal year during which the report is submitted and the annual production rate currently programmed for each subsequent fiscal year through completion of procurement, based on the President's Budget for the following fiscal year; "(v) estimation of any cost variance— "(I) between the program acquisition unit cost at the current production rate specified under clause (iv) and the program acquisition unit cost at the baseline production rate specified under clause (i); and "(II) between the total program cost at the current production rate specified under clause (iv) and the total program cost at the baseline production rate specified under clause (i); "(vi) estimation of any cost variance— "(I) between the program acquisition unit cost at the current production rate specified under clause (iv) and the program acquisition unit cost at the maximum production rate specified under clause (iii); and "(II) between the total program cost at the current production rate specified under clause (iv) and the total program cost at the maximum production rate specified under clause (iii); and "(vii) estimation of any schedule or delivery variance— "(I) between total quantities assumed in the baseline production rate specified under clause (i) and the current production rate specified under clause (iv); and "(II) total quantities assumed in the maximum production rate specified under clause (iii) and the current production rate specified under clause (iv). "(4) Selected Acquisition Reports for the first quarter of a fiscal year shall be known as comprehensive annual Selected Acquisition Reports.". SEC. 1202. BASE CLOSURES AND REALIGNMENTS (a) IN GENERAL.—Section 2687 of title 10, United States Code, is amended to read as follows:

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/739

 PUBLIC LAW 99-145—NOV. 8, 1985 "§ 2687. Base closures and realignments "(a) Notwithstanding any other provision of law, no action may be taken to effect or implement— "(1) the closure of any military installation at which at least 300 civilian personnel are authorized to be employed; "(2) any realignment with respect to any military installation referred to in paragraph (1) involving a reduction by more than 1,000, or by more than 50 percent, in the number of civilian personnel authorized to be employed at such military installation at the time the Secretary of Defense or the Secretary of the military department concerned notifies the Congress under subsection (b) of the Secretary's plan to close or realign such installation; or "(3) any construction, conversion, or rehabilitation at any military facility other than a military installation referred to in clause (1) or (2) which will or may be required as a result of the relocation of civilian personnel to such facility by reason of any closure or realignment to which clause (1) or (2) applies, unless and until the provisions of subsection (b) are complied with. "(b) No action described in subsection (a) with respect to the closure of, or a realignment with respect to, any military installation referred to in such subsection may be taken unless and until— "(1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committees on Armed Services of the Senate and House of Representatives, as part of an annual request for authorization of appropriations to such Committees, of the proposed closing or realignment and submits with the notification an evaluation of the fiscal, local economic, budgetary, environmental, strategic, and operational consequences of such closure or realignment; and "(2) a period of 30 legislative days or 60 calendar days, whichever is longer, expires following the day on which the notice and evaluation referred to in clause (1) have been submitted to such committees, during which period no irrevocable action may be taken to effect or implement the decision. "(c) This section shall not apply to the closure of a military installation, or a realignment with respect to a military installation, if the President certifies to the Congress that such closure or realignment must be implemented for reasons of national security or a military emergency. "(d)(1) After the expiration of the period of time provided for in subsection (b)(2) with respect to the closure or realignment of a military installation, funds which would otherwise be available to the Secretary to effect the closure or realignment of that installation may be used by him for such purpose. "(2) Nothing in this section restricts the authority of the Secretary to obtain architectural and engineering services under section 2807 of this title. "(e) In this section: "(1) 'Military installation' means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, or Guam. Such term does not include any facility used primarily

99 STAT. 717

10 USC 2807.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/740

 99 STAT. 718

10 USC 2687 note. Ante, p. 717.

PUBLIC LAW 99-145—NOV. 8, 1985 for civil works, rivers and harbors projects, or flood control projects. "(2) 'Civilian personnel' means direct-hire, permanent civilian employees of the Department of Defense. "(3) 'Realignment' includes any action which both reduces and relocates functions and civilian personnel positions, but does not include a reduction in force resulting from workload adjustments, reduced personnel or funding levels, skill imbalances, or other similar causes. "(4) 'Legislative day' means a day on which either House of Congress is in session.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to closures and realignments completed on or after the date of the enactment of this Act, except that any action taken to effect or implement any closure or realignment for which a public announcement was made pursuant to section 2687(b)(1) of title 10, United States Code, after April 1, 1985, and before the date of enactment of this Act shall be subject to the provisions of section 2687 of such title as in effect on the day before such date of enactment. SEC. 1203. DEMONSTRATION PROJECT TO TEST THE USE OF A CERTAIN COMPUTER SYSTEM IN MILITARY HOSPITALS (a) TEST OF VETERANS' ADMINISTRATION DECENTRALIZED HOSPITAL COMPUTER PROGRAM (DHCP).—The Secretary of Defense (herein-

after in this section referred to as the "Secretary") shall carry out a demonstration project for the purpose of testing the use in military hospitals of the hospital-management computer system of the Veterans' Administration known as the Veterans' Administration's decentralized hospital computer program. The purpose of the test shall be to determine the feasibility and cost-effectiveness of the use in military hospitals of such system rather than the use of a centralized hospital-management computer system, including the Composite Health-Care System. (b) DURATION AND LOCATION OF DEMONSTRATION PROJECT.—The

demonstration project under subsection (a) shall be carried out over a six-month period beginning on March 1, 1986, in two military hospitals. One of such hospitals shall be the hospital at March Air Force Base, and the test of the Veterans' Administration decentralized hospital computer program at such Air Force Base shall be expanded to meet the requirements of this section. The second hospital at which the demonstration project shall be carried out shall be designated by the Secretary of Defense. Such hospital may not be under the jurisdiction of the Secretary of the Air Force and shall be significantly larger than the hospital at March Air Force Base. (c) USE OF ALL COMPONENTS OF DHCP.—The Secretary, in consultation with the Administrator of Veterans' Affairs, shall ensure that all available components of the Veterans' Administration system referred to in subsection (a) (including equipment and software) are used at their current functional level in each hospital in which the system is tested under this section. (d) ASSISTANCE FROM VETERANS' ADMINISTRATION.—The Administrator of Veterans' Affairs shall provide, on a reimbursable basis, such personnel and equipment as are requested by the Secretary and determined by the Administrator to be available in order to

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/741

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 719

assist the Secretary in carrying out the demonstration project under subsection (a). (e) REPORT BY SECRETARY OF DEFENSE.—The Secretary shall transmit to Congress a report describing the demonstration project carried out under this section. Such report shall include specific findings and conclusions by the Secretary, and by the Secretary of each military department, with respect to the feasibility and costeffectiveness of using the Veterans' Administration system referred to in subsection (a) in military hospitals, including the cost advantage that would accrue from acquiring a hospital-management computer system in the near term rather than the date that would apply if the Secretary were to acquire a centralized computer system, including the Composite Health-Care System. (f) COMPTROLLER GENERAL EVALUATION AND REPORTS.—(1) The

Comptroller General shall evaluate— (A) the acquisition and implementation of the Composite Health-Care System; and (B) the conduct of the demonstration project. (2) The Comptroller General shall submit to Congress the reports specified in subsection (g) with respect to such evaluations and such other reports on such evaluations as may be appropriate. (3) The evaluations required by paragraph (1) shall include consideration of— (A) whether the Department of Defense has carried out the demonstration project in accordance with this section; (B) the results of the demonstration project, including the feasibility and cost-effectiveness of using the Veterans' Administration system referred to in subsection (a) in military hospitals in lieu of the Composite Health-Care System; and (C) the competitive acquisition process followed by the Department of Defense in making the selection of, and contract awards to, vendors for the Composite Health-Care System. (g) RESTRICTIONS.—(1) The Secretary may not select vendors for the competition phase of the acquisition of the Composite HealthCare System or enter into any contract related to that phase until the earlier of— (A) June 1, 1986; or (B) the end of the 60-day period beginning on the date the Comptroller General submits a report under subsection (f) on the competitive acquisition process followed by the Department of Defense in selecting vendors for such competition phase. (2) The Secretary may not enter into a contract for the procurement of a centralized computer system for military hospitals, including the Composite Health-Care System, until the Secretary— (A) evaluates the results of the project carried out under this section in accordance with subsection (e); (B) submits to Congress a report on such evaluation; and (C) a period of 60 days has passed after receipt by Congress of that report. (3) The Secretary may not make the final selection of a vendor or enter into a contract for the procurement of a centralized computer system for military hospitals, including the Composite Health-Care System, until the earlier of^ (A) July 1, 1987; or (B) the end of the 60-day period beginning on the date on which the Comptroller General submits a report under subsection (f) on—

Contract.

Contract.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/742

 99 STAT. 720

PUBLIC LAW 99-145—NOV. 8, 1985 (i) the results of the demonstration project carried out under this section; and (ii) the competitive acquisition process followed by the Department of Defense leading to the final selection of a vendor, (h) DEFINITIONS.—In this section: (1) The term "military hospital" means a hospital or medical center under the jurisdiction of the Secretary of a military department. (2) The term "Composite Health-Care System" means the centralized hospital-management computer system that the Department of Defense is in the process of acquiring (as of the date of the enactment of this Act) for its medical facilities. SEC. 1204. CONTINUED OPERATION BY THE SECRETARY OF DEFENSE OF THE DEFENSE DEPENDENTS' EDUCATION SYSTEM (a) AMENDMENTS TO DEPARTMENT OF EDUCATION ORGANIZATION

Repeals.

ACT.—(1) Sections 202(e), 208, 302, and 401(f), of the Department of Education Organization Act (20 U.S.C. 3412(e), 3418, 3442, and 3461(f)), are repealed. (2) Section 419(a) of such Act (20 U.S.C. 3479(a)) is amended— (A) by striking out "(1)" after "(a)"; and (B) by striking out paragraph (2). (3) Section 503(a) of such Act (20 U.S.C. 3503(a)) is amended— (A) by striking out "(1)" after "(a)"; and (B) by striking out paragraph (2). (4) The table of contents at the beginning of such Act is amended by striking out the items relating to sections 208 and 302. (5) Section 414(b) of such Act (20 U.S.C. 3474(b)) is amended by striking out "302,". (b) AMENDMENTS TO DEFENSE DEPENDENTS' EDUCATION ACT OF

1978.—(1) Section 1402 of the Defense Dependents' Education Act of 1978 (20 U.S.C. 921) is amended by adding at the end thereof the following new subsection: "(c) The Secretary of Defense shall consult with the Secretary of Education on the educational programs and practices of the defense dependents' education system.. (2)(A) Subsection (a)(1) of section 1410 of such Act (20 U.S.C. 928) is amended by adding at the end thereof the following new sentence: "The membership of each such advisory committee shall also include one nonvoting member designated by the organization recognized as the exclusive bargaining representative of the employees working at the school.". (B) The first sentence of subsection (b) of such section is amended by striking out "Members" and inserting in lieu thereof "Except in the case of a nonvoting member designated under the last sentence of subsection (a)(D, members". (C) The second sentence of such subsection is amended by striking out "The Secretary of Education, in consultation with the Secretary of Defense," and inserting in lieu thereof "The Secretary of (3)(A) Subsection (a) of section 1411 of such Act (20 U.S.C. 929) is amended to read as follows: Advisory Council "(a)(1) There is established in the Department of Defense an on Dependents' Advisory Council on Dependents' Education (hereinafter in this Education, section referred to as the 'Council'). The Council shall be composed establishment. of—

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/743

 PUBLIC LAW 99-145—NOV. 8, 1985 "(A) the Secretary of Defense and the Secretary of Education, or their respective designees; "(B) 12 individuals appointed jointly by the Secretary of Defense and the Secretary of Education who shall be individuals who have demonstrated an interest in the field of primary or secondary education and who shall include representatives of professional employee organizations, school administrators, and parents of students enrolled in the defense dependents' education system, and one student enrolled in such system; and "(C) a representative of the Secretary of Defense and of the Secretary of Education. "(2) Individuals appointed to the Council from professional employee organizations shall be individuals designated by those organizations. "(3) Thei Secretary of Defense, or the Secretary's designee, and the Secretary of Education, or the Secretary's designee, shall serve as cochairmein of the Council. "(4) The Director shall be the Executive Secretary of the Council.". (4) Subsection (b)(1) of such section is amended by inserting "the Secretary of Defense and" before "the Secretary of Education". (5) Subsection (c) of such section is amended— (A) by striking out "at least four times each year" and inserting in lieu thereof "at least two times each year"; (B) by striking out paragraph (2); (C) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and (D) by striking out "Secretary of Education" in paragraph (4) (as redesignated by subparagraph (C) of this paragraph) and inserting in lieu thereof "Secretary of Defense". (c) ( I N FOR M I N G AMENDMENT.—Section 5316 of title 5, United States Code, is amended by striking out "Administrator of Education for Overseas Dependents, Department of Education.". SEC. 1205. AUTHORITY TO ENROLL CERTAIN CHILDREN IN OVERSEAS SCHOOLS OF THE DEFENSE DEPENDENTS' EDUCATION SYSTEM

Section 1404 of the Defense Dependents' Education Act of 1978 (20 U.S.C. 923) is amended by adding at the end thereof the following new subsection: "(d)(1) The Secretary of Defense may authorize the enrollment in schools of the defense dependents' education system of children in the following classes: "(A) Children of officers and employees of the United States (including employees of nonappropriated fund activities of the Department of Defense) stationed in overseas areas. "(B) Clhildren of employees of contractors employed in carrying out work for the United States in overseas areas. "(C) Children of other citizens or nationals of the United States or of foreign nationals, if the Secretary determines that enrollment of such children is in the national interest. "(2) Notwithstanding subsection (c), the Secretary may not waive the tuition requirements of subsection (b)(1) with respect to children referred to in paragraph (1).".

99 STAT. 721

�