Page:United States Statutes at Large Volume 105 Part 2.djvu/469

 PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1421 subcontracts entered into prior to the award of a contract by the Government; and (iii) extending the protections regarding payment to all tiers of subcontractors or restricting them to first-tier subcontractors and direct suppliers. (3) The report required by paragraph (1) shall include a description of the results of the assessment carried out pursuant to paragraph (2) and may include recommendations pertaining to any of the following: (A) Statutory and regulatory changes providing payment protections for subcontractors and suppliers (other than a construction prime contractor subject to the provisions of sections 3903(b) and 3905 of title 31, United States Code) that the Comptroller General believes to be desirable and feasible. (B) Proposals to Eissess the desirability and utility of a specific payment protection on a test basis. (C) Such other recommendations as the Comptroller General considers appropriate in light of the matters assessed pursuant to paragraph (2). (4) The report required by paragraph (1) shall be submitted not later than by February 1, 1993, to the Committees on Armed Services and on Small Business of the Senate and House of Representatives. (f) INSPECTOR GENERAL REPORT. —(1) The Inspector General of the Department of Defense shall submit to the Secretary of Defense a report on payment protections for subcontractors and suppliers under contracts entered into with the Department of Defense. The report shall include an assessment of the extent to which available judicial and administrative remedies, as well as suspension and debarment procedures, have been used (or recommended for use) by officials of the Department to deter false statements relating to (A) payment bonds provided by individuals pursuant to the Miller Act, and (B) certifications pertaining to payment requests by construction contractors pursuant to section 3903(b) of title 31, United States Code. The assessment shall cover actions taken during the period beginning on October 1, 1989, and ending on September 30, 1992. (2) The report required by paragraph (1) shall be submitted to the Secretary of Defense not later than March 1, 1993. The report may include recommendations by the Inspector General on ways to improve the effectiveness of existing methods of preventing false statements. (g) MILLER ACT DEFINED.— For purposes of this section, the term "Miller Act" means the Act of August 24, 1935 (40 U.S.C. 270a- 270d). SEC. 807. GOVERNMENT-INDUSTRY COMMITTEE ON RIGHTS IN TECH- 10 USC 2320 NICAL DATA. note. (a) REGULATIONS. —(1) Not later than September 15, 1992, the Secretary of Defense shall prescribe final regulations required by subsection (a) of section 2320 of title 10, United States Code, that supersede the interim regulations prescribed before the date of the enactment of this Act for the purposes of that section. (2) In prescribing such regulations, the Secretary shall give thorough consideration to the recommendations of the governmentindustry committee appointed pursuant to subsection (b). (3) Not less than 30 days before prescribing such regulations, the Secretary shall—

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