Page:United States Statutes at Large Volume 111 Part 2.djvu/753

 PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1833 "(B) factual information associated with the determination made under subsection (a) with respect to such costs; and "(C) a discussion of whether the business combination would have proceeded without the payment of restructuring costs by the Secretary. "(3) For business combinations of major defense contractors that took place during the year preceding the year of the report— "(A) an assessment of any potentially adverse effects that the business combinations could have on competition for Department of Defense contracts (including potential horizontal effects, vertical effects, and organizational conflicts of interest), the national technology and industrial base, or innovation in the defense industry; and "(B) the actions taken to mitigate the potentially adverse effects. "(c) DEFINITION.— In this section, the term 'business combination' includes a merger or acquisition.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2324 the following new item: "2325. Restructuring costs.". (b) GAO REPORTS.— (1) Not later than April 1, 1998, the 10 USC 2325 Comptroller General shall— ^°^^- (A) in consultation with appropriate officials in the Department of Defense— (i) identify major market areas affected by business combinations of defense contractors since January 1, 1990; and (ii) develop a methodology for determining the savings from business combinations of defense contractors on the prices paid on particular defense contracts; and (B) submit to the congressional defense committees a report describing, for each major market area identified pursuant to subparagraph (A)(i), the changes in numbers of businesses competing for major defense contracts since January 1, 1990. (2) Not later than December 1, 1998, the Comptroller General shall submit to the congressional defense committees a report containing the following: (A) Updated information on— (i) restructuring costs of business combinations paid by the Department of Defense pursugint to certifications under section 818 of the National Defense Authorization Act for Fiscal Year 1995, and (ii) savings realized by the Department of Defense as a result of the business combinations for which the payment of restructuring costs was so certified. (B) An assessment of the savings from business combinations of defense contractors on the prices paid on a meaningful sample of defense contracts, determined in accordance with the methodology developed pursuant to paragraph (l)(A)(ii), as well as a description of the methodology. (C) Any recommendations that the Comptroller General considers appropriate.

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