Page:United States Statutes at Large Volume 100 Part 4.djvu/769

 PUBLIC LAW 99-591—OCT. 30, 1986

100 STAT. 3341-164

"(B) such data described in subparagraph (A) as included in planning, cost estimating, and productivity improvement. "(4) The term 'authorized representative' means a representative of the head of an agency who is an employee of the United States or a member of the armed forces.". (2) The item relating to such section in the table of sections at the beginning of chapter 141 of such title is amended to read as follows: "2406. Availability of cost and pricing records.".

(b) APPLICABILITY OF SECTION.—Section 2406 of title 10, United States Code, as amended by subsection (a), shall apply with respect to— (1) contracts entered into on or after the date of the enactment of this Act; and (2) contracts entered into before such date that are not completed before such date. (c) DEADLINE FOR REGULATIONS.—The Secretary of Defense shall prescribe regulations as required by section 2406(e) of title 10, United States Code (as amended by subsection (a)(D), not later than the end of the 180-day period beginning on the date of the enactment of this Act. PART E—MISCELLANEOUS SEC. 951. CONTRACTING WITH FIRMS OWNED OR CONTROLLED BY GOVERNMENTS THAT SUPPORT TERRORISM. (a) CONSIDERATION OF NATIONAL INTERESTS WITH RESPECT TO DE-

FENSE CONTRACTS.—(1) Chapter 137 of title 10, United States Code, is amended by adding after the item relating to section 2326 (as added by section 908) the following new section: "§ 2327. Contracts: consideration of national security objectives "(a) DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERN-

MENT.—The head of an agency shall require a firm or a subsidiary of a firm that submits a bid or proposal in response to a solicitation issued by the Department of Defense to disclose in that bid or proposal any significant interest in such firm or subsidiary (or, in the case of a subsidiary, in the firm that owns the subsidiary) that is owned or controlled (whether directly or indirectly) by a foreign government or an agent or instrumentality of a foreign government, if such foreign government is the government of a country that the Secretary of State determines under section 6(j)(l)(A) of the Export Administration Act of 1979 (50 U.S.C. 2405(j)(l)(A)) has repeatedly provided support for acts of international terrorism. "(b) PROHIBITION ON ENTERING INTO CONTRACTS AGAINST THE INTERESTS OF THE UNITED STATES.—Except as provided in subsection

(c), the head of an agency may not enter into a contract with a firm or a subsidiary of a firm if— "(1) a foreign government owns or controls (whether directly or indirectly) a significant interest in such firm or subsidiary (or, in the case of a subsidiary, in the firm that owns the subsidiary); and "(2) such foreign government is the government of a country that the Secretary of State determines under section 6(j)(l)(A) of the Export Administration Act of 1979 (50 U.S.C. 2405(j)(l)(A)) has repeatedly provided support for acts of international terrorism.

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