Page:United States Statutes at Large Volume 106 Part 3.djvu/650

 106 STAT. 2444 PUBLIC LAW 102-484—OCT. 23, 1992 "(H) Increased technical assistance to entities described in subsection (a)(l).". (d) REQUIREMENTS RELATING TO STATUS. —Subsection (f) of section 2323 of title 10, United States Code, as added by subsection (a), is amended— (1) by striking out "PENALTIES FOR MISREPRESENTATION. — Whoever" and inserting in lieu thereof "PENALTIES AND REGULA- TIONS RELATING TO STATUS.—(1) Whoever"; and Regulations. (2) by adding at the end the following new paragraph: "(2) The Secretary of Defense shall prescribe regulations which provide for the following: "(A) A requirement that a business which represents itself as an entity described in subsection (a)(1) and is seeking a Department of Defense contract maintain its status as an entity at the time of contract award. "(B) A prohibition on the award of a contract under this section to an entity described in subsection (a)(1) unless the entity agrees to comply with the requirements of section 15(o)(l) of the Small Business Act (15 U.S.C. 644(0)(1)).". (e) DETERMINATION BY SECRETARY OF DEFENSE. — Section 2323 of title 10, United States Code, as added by subsection (a), is further amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by adding after subsection (f) the following new subsection (g): "(g) DETERMINATION BY SECRETARY OF DEFENSE.— Under procedures prescribed by the Secretary of Defense, a person may request the Secretary to determine whether the use of small disadvantaged business set asides by a contracting activity of the Department of Defense has caused a particular industry category to bear a disproportionate share of the contracts awarded to attain the goal established for that contracting activity for the purposes of this section. Upon making a determination that a particular industry category is bearing a disproportionate share, the Secretcuy shall take appropriate actions to limit the contracting activity's use of set asides in awarding contracts in that p^icular industry category.". (f) REPEAL OF REPORT ON PROGRESS IN MEETING CONTRACTING (JOALS. —Effective on October 1, 1993, subsection (h) (as redesignated by subsection (e)) of section 2323 of title 10, United States Code, as added by subsection (a), is amended— (1) by striking out "REPORTS" in the subsection heading and inserting in lieu thereof "REPORT"; (2) by striking out "final" in paragraph (2); (3) by striking out "July 15" in paragraph (1) and all that follows through "Not later than" in paragraph (2); (4) by redesignating paragraph (3) as paragraph (2) and in that paragraph striking out "reports described in paragraphs (1) and (2) shall each" and inserting in lieu thereof "report required under paragraph (1) shall"; (5) by redesignating paragraph (4) as paragraph (3) and in that paragraph striMng out "reports required under paragraph (2)" and inserting in lieu thereof "report required under paragraph (1)"; and (6) by striking out paragraph (5).

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