Page:United States Statutes at Large Volume 103 Part 2.djvu/499

 PUBLIC LAW 101-189—NOV. 29, 1989 103 STAT. 1509 (3) The term "Indian tribe" has the meaning given that term by section 4(e) of the Indism Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). (4) The term "tribally owned corporation" means a corpora- tion owned entirely by an Indian tribe. SEC. 833. TEST PROGRAM FOR USE OF BOND WAIVER AUTHORITY UNDER 15 USC 636 note. SMALL BUSINESS ACT TO ASSIST CERTAIN SMALL DISADVAN- TAGED BUSINESS CONCERNS The Secretary of Defense and the Small Business Administration shall establish a program for fiscal years 1990 and 1991 to test the use of the authority provided by section 7(j)(13XD) of the Small Business Act (15 U.S.C. 636(j)(13XD)). Under the test program, the Secretary of Defense shall make every reasonable effort during each such fiscal year to award not less than 30 contracts for construction projects (including repair and alteration of existing facilities) to participants in the Minority Small Business and Capital Ownership Development Program of the Small Business Administration who have been granted surety bond exemptions under the authority provided by section 7(j)(13)(D) of such Act. SEC. 834. TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SMALL 15 USC 637 note. BUSINESS SUBCONTRACTING PLANS (a) TEST PROGRAM. — (1) The Secretary of Defense shall establish a test progrsim under which one contracting activity in each military department and Defense Agency is authorized to undertake one or more demonstration projects to determine whether the negotiation and administration of comprehensive small business subcontracting plans will result in an increase in opportunities provided for small business concerns under Department of Defense contracts. (2) In developing the test program, the Secretary of Defense shall— (A) consult with the Administrator of the Small Business Administration; and (B) provide an opportunity for public comment on the test program. (b) COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLAN.— (1) In a demonstration project under the test program, the Secretary of a military department or head of a Defense Agency shall negotiate, monitor, and enforce compliance with a comprehensive subcontract- ing plan with a Department of Defense contractor described in paragraph (3). (2) The comprehensive subcontracting plan— (A) shall provide for small business concerns to participate as subcontractors in the contracts awarded by the Secretary or agency head to the contractor (or any division or operating element of the contractor) to which the subcontracting plan applies; and (B) shall apply to the entire business organization of the contractor or to one or more of the contractor's divisions or operating elements, as specified in the subcontracting plan. (3) A Department of Defense contractor referred to in paragraph (1) is, with respect to a comprehensive subcontracting plan, a busi- ness concern that, during the fiscal year ending on September 30, 1989— (A) pursuant to at least five Department of Defense con- tracts, furnished supplies or services (including professional

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