H. R. 1119—214
Appeals under section 7 of the Contract Disputes Act of
1978 or an action in a court of the United States, 180
days after the date on which the judgment becomes final
and not appealable.
‘‘(2) While available under this section, an amount may be
obligated or expended only for a purpose described in subsection
(a).
‘‘(3) Upon the expiration of the period of availability of an
amount under paragraph (1), the amount shall be covered into
the Treasury as miscellaneous receipts.
‘‘(c) REPORTING REQUIREMENT.—Each year, the Under Secretary
of Defense (Comptroller) shall submit to Congress a report on
the amounts, if any, that are available for obligation pursuant
to this section. The report shall include, at a minimum, the follow-
ing:
‘‘(1) The total amount available for obligation.
‘‘(2) The total amount collected from contractors during
the year preceding the year in which the report is submitted.
‘‘(3) The total amount disbursed in such preceding year
and a description of the purpose for each disbursement.
‘‘(4) The total amount returned to the Treasury in such
preceding year.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 141 of title 10, United States Code, is amended
by adding at the end the following new item:
‘‘2410m. Retention of amounts collected from contractor during the pendency of con-
tract dispute.’’.
SEC. 832. PROTECTION OF CERTAIN INFORMATION FROM DISCLO-
SURE.
Section 2371 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(i) PROTECTION OF CERTAIN INFORMATION FROM DISCLOSURE.—
(1) Disclosure of information described in paragraph (2) is not
required, and may not be compelled, under section 552 of title
5 for five years after the date on which the information is received
by the Department of Defense.
‘‘(2)(A) Paragraph (1) applies to information described in
subparagraph (B) that is in the records of the Department of
Defense if the information was submitted to the Department in
a competitive or noncompetitive process having the potential for
resulting in an award, to the party submitting the information,
of a cooperative agreement that includes a clause described in
subsection (d) or another transaction authorized by subsection (a).
‘‘(B) The information referred to in subparagraph (A) is the
following:
‘‘(i) A proposal, proposal abstract, and supporting docu-
ments.
‘‘(ii) A business plan submitted on a confidential basis.
‘‘(iii) Technical information submitted on a confidential
basis.’’.
SEC. 833. UNIT COST REPORTS.
(a) IMMEDIATE REPORT REQUIRED ONLY FOR PREVIOUSLY UNRE-
PORTED INCREASED COSTS.—Subsection (c) of section 2433 of title
10, United States Code, is amended by striking out ‘‘during the
current fiscal year (other than the last quarterly unit cost report
H. R. 1119—215
under subsection (b) for the preceding fiscal year)’’ in the matter
following paragraph (3).
(b) IMMEDIATE REPORT NOT REQUIRED FOR COST VARIANCES
OR SCHEDULE VARIANCES OF MAJOR CONTRACTS.—Subsection (c)
of such section is further amended—
(1) by inserting ‘‘or’’ at the end of paragraph (1);
(2) by striking out ‘‘or’’ at the end of paragraph (2); and
(3) by striking out paragraph (3).
(c) CONGRESSIONAL NOTIFICATION
OF INCREASED COST NOT
CONDITIONED ON DISCOVERY SINCE BEGINNING OF FISCAL YEAR.—
Subsection (d)(3) of such section is amended by striking out ‘‘(for
the first time since the beginning of the current fiscal year)’’ in
the first sentence.
SEC. 834. PLAN FOR PROVIDING CONTRACTING INFORMATION TO GEN-
ERAL PUBLIC AND SMALL BUSINESSES.
(a) REQUIREMENT FOR PLAN.—The Secretary of Defense shall
develop a plan for improving the responsiveness of the Department
of Defense to persons from the general public and small businesses
seeking information on how to pursue contracting and technology
development opportunities with the department. The plan shall
include an assessment and recommendation on the designation
of a central point of contact in the department to provide such
information.
(b) SUBMISSION.—Not later than March 31, 1998, the Secretary
shall submit the plan developed under subsection (a) to the Commit-
tee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives.
SEC. 835. TWO-YEAR EXTENSION OF CREDITING OF CERTAIN PUR-
CHASES TOWARD MEETING SUBCONTRACTING GOALS.
Section 2410d(c) of title 10, United States Code, is amended,
effective as of September 30, 1997, by striking out ‘‘September
30, 1997’’ and inserting in lieu thereof ‘‘September 30, 1999’’.
Subtitle D—Other Matters
SEC. 841. REPEAL OF CERTAIN ACQUISITION REQUIREMENTS AND
REPORTS
(a) REPEAL
OF
REPORTING
REQUIREMENT
FOR
NONMAJOR
ACQUISITION PROGRAMS.—Section 2220(b) of title 10, United States
Code, is amended by striking out ‘‘and nonmajor’’ in the first sen-
tence.
(b) REPEAL
OF ADDITIONAL APPROVAL REQUIREMENT UNDER
COMPETITION EXCEPTION FOR INTERNATIONAL AGREEMENTS.—Sec-
tion 2304(f)(2)(E) of title 10, United States Code, is amended by
striking out ‘‘and such document is approved by the competition
advocate for the procuring activity’’.
(c) CONTENT OF LIMITED SELECTED ACQUISITION REPORTS.—
Section 2432(h)(2) of title 10, United States Code, is amended—
(1) by striking out subparagraph (D); and
(2) by redesignating subparagraphs (E) and (F) as subpara-
graphs (D) and (E), respectively.
(d) REPEAL OF REPORT RELATING TO PROCUREMENT REGULA-
TIONS.—Section 25 of the Office of Federal Procurement Policy
Act (41 U.S.C. 421) is amended by striking out subsection (g).
H. R. 1119—216
SEC. 842. USE OF MAJOR RANGE AND TEST FACILITY INSTALLATIONS
BY COMMERCIAL ENTITIES.
(a) EXTENSION OF AUTHORITY.—Subsection (g) of section 2681
of title 10, United States Code, is amended by striking out ‘‘1998’’
and inserting in lieu thereof ‘‘2002’’.
(b) REVISED REPORTING REQUIREMENT.—Subsection (h) of such
section is amended to read as follows:
‘‘(h) REPORT.—Not later than March 1, 1998, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on National Security of the House
of Representatives a report identifying existing and proposed proce-
dures to ensure that the use of Major Range and Test Facility
Installations by commercial entities does not compete with private
sector test and evaluation services.’’.
SEC. 843. REQUIREMENT TO DEVELOP AND MAINTAIN LIST OF FIRMS
NOT ELIGIBLE FOR DEFENSE CONTRACTS.
Section 2327 of title 10, United States Code, is amended—
(1) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (c) the following new sub-
sections:
‘‘(d) LIST OF FIRMS SUBJECT TO PROHIBITION.—(1) The Secretary
of Defense shall develop and maintain a list of all firms and subsidi-
aries of firms that the Secretary has identified as being subject
to the prohibition in subsection (b).
‘‘(2)(A) A person may request the Secretary to include on the
list maintained under paragraph (1) any firm or subsidiary of
a firm that the person believes to be owned or controlled by a
foreign government described in subsection (b)(2). Upon receipt
of such a request, the Secretary shall determine whether the condi-
tions in paragraphs (1) and (2) of subsection (b) exist in the case
of that firm or subsidiary. If the Secretary determines that such
conditions do exist, the Secretary shall include the firm or subsidi-
ary on the list.
‘‘(B) A firm or subsidiary of a firm included on the list may
request the Secretary to remove such firm or subsidiary from the
list on the basis that it has been erroneously included on the
list or its ownership circumstances have significantly changed. Upon
receipt of such a request, the Secretary shall determine whether
the conditions in paragraphs (1) and (2) of subsection (b) exist
in the case of that firm or subsidiary. If the Secretary determines
that such conditions do not exist, the Secretary shall remove the
firm or subsidiary from the list.
‘‘(C) The Secretary shall establish procedures to carry out this
paragraph.
‘‘(3) The head of an agency shall prohibit each firm or subsidiary
of a firm awarded a contract by the agency from entering into
a subcontract under that contract in an amount in excess of $25,000
with a firm or subsidiary included on the list maintained under
paragraph (1) unless there is a compelling reason to do so. In
the case of any subcontract requiring consent by the head of an
agency, the head of the agency shall not consent to the award
of the subcontract to a firm or subsidiary included on such list
unless there is a compelling reason for such approval.
‘‘(e) DISTRIBUTION OF LIST.—The Administrator of General Serv-
ices shall ensure that the list developed and maintained under
H. R. 1119—217
subsection (d) is made available to Federal agencies and the public
in the same manner and to the same extent as the list of suspended
and debarred contractors compiled pursuant to subpart 9.4 of the
Federal Acquisition Regulation.’’.
SEC. 844. SENSE OF CONGRESS REGARDING ALLOWABILITY OF COSTS
OF EMPLOYEE STOCK OWNERSHIP PLANS.
It is the sense of Congress that the Secretary of Defense should
not disallow, under Department of Defense contracts, the following
costs:
(1) Interest costs associated with deferred compensation
employee stock ownership plans that were incurred before
January 1, 1994.
(2) Costs related to employee stock ownership plan (ESOP)
debt, control premiums, or marketability discounts associated
with the valuation of ESOP stock of closely held companies
that were incurred before January 1, 1995.
SEC. 845. EXPANSION OF PERSONNEL ELIGIBLE TO PARTICIPATE IN
DEMONSTRATION PROJECT RELATING TO ACQUISITION
WORKFORCE.
(a) COVERED PERSONNEL.—(1) Subsection (a) of section 4308
of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104–106; 10 U.S.C. 1701 note) is amended by adding
before the period at the end the following: ‘‘and supporting personnel
assigned to work directly with the acquisition workforce’’.
(2) Subsection (b)(3)(A) of such section is amended by inserting
before the semicolon the following: ‘‘or involves a team of personnel
more than half of which consists of members of the acquisition
workforce and the remainder of which consists of supporting person-
nel assigned to work directly with the acquisition workforce’’.
(b) COMMENCEMENT OF PROJECT.—Subsection (b)(3)(B) of such
section is amended by striking out ‘‘this Act’’ and inserting in
lieu thereof ‘‘the National Defense Authorization Act for Fiscal
Year 1998’’.
(c) LIMITATION
ON NUMBER
OF PARTICIPANTS.—Such section
is further amended by adding at the end the following:
‘‘(d) LIMITATION ON NUMBER OF PARTICIPANTS.—The total num-
ber of persons who may participate in the demonstration project
under this section may not exceed 95,000.’’.
SEC. 846. TIME FOR SUBMISSION OF ANNUAL REPORT RELATING TO
BUY AMERICAN ACT.
Section 827 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104–201; 110 Stat. 2611; 41 U.S.C. 10b–
3) is amended by striking out ‘‘120 days’’ and inserting in lieu
thereof ‘‘90 days’’.
SEC. 847. REPEAL OF REQUIREMENT FOR CONTRACTOR GUARANTEES
ON MAJOR WEAPON SYSTEMS.
(a) REPEAL.—Section 2403 of title 10, United States Code, is
repealed.
(b) CLERICAL AND CONFORMING AMENDMENTS.—(1) The table
of sections at the beginning of chapter 141 of such title is amended
by striking out the item relating to section 2403.
(2) Section 803 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2604; 10 U.S.C.
2430 note) is amended—