Page:United States Statutes at Large Volume 111 Part 2.djvu/764

 Ill STAT. 1844 PUBLIC LAW 105-85—NOV. 18, 1997 Regulations. SEC. 842. USE OF MAJOR RANGE AND TEST FACILITY INSTALLATIONS BY COMMERCIAL ENTITIES. (a) EXTENSION OF AUTHORITY. —Subsection (g) of section 2681 of title 10, United States Code, is amended by striking out "1998" and inserting in lieu thereof "2002". (b) REVISED REPORTING REQUIREMENT. —Subsection (h) of such section is amended to read as follows: "(h) REPORT.— Not later than March 1, 1998, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report identifying existing and proposed procedures to ensure that the use of Major Range and Test Facility Installations by commercial entities does not compete with private sector test and evaluation services.". SEC. 843. REQUIREMENT TO DEVELOP AND MAINTAIN LIST OF FIRMS NOT ELIGIBLE FOR DEFENSE CONTRACTS. Section 2327 of title 10, United States Code, is amended— (1) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and (2) by inserting after subsection (c) the following new subsections: "(d) LIST OF FIRMS SUBJECT TO PROHIBITION.—(1) The Secretary of Defense shall develop and maintain a list of all firms and subsidiaries of firms that the Secretary has identified as being subject to the prohibition in subsection (b). "(2)(A) A person may request the Secretary to include on the list maintained under paragraph (1) any firm or subsidiary of a firm that the person believes to be owned or controlled by a foreign government described in subsection (b)(2). Upon receipt of such a request, the Secretary shall determine whether the conditions in paragraphs (1) and (2) of subsection (b) exist in the case of that firm or subsidiary. If the Secretary determines that such conditions do exist, the Secretary shall include the firm or subsidiary on the list. "(B) A firm or subsidiary of a firm included on the list may request the Secretary to remove such firm or subsidieiry from the list on the basis that it has been erroneously included on the list or its ownership circumstances have significcintly changed. Upon receipt of such a request, the Secretary shall determine whether the conditions in paragraphs (1) and (2) of subsection (b) exist in the case of that firm or subsidiary. If the Secretary determines that such conditions do not exist, the Secretary shall remove the firm or subsidiary from the list. "(C) The Secretary shall establish procedures to carry out this paragraph. "(3) The head of an agency shall prohibit each firm or subsidiary of a firm awarded a contract by the agency from entering into a subcontract under that contract in an amount in excess of $25,000 with a firm or subsidiary included on the list maintained under paragraph (1) unless there is a compelling reason to do so. In the case of any subcontract requiring consent by the head of an agency, the head of the agency sheill not consent to the award of the subcontract to a firm or subsidiary included on such list iinless there is a compelling reason for such approval. "(e) DISTRIBUTION OF LIST. — The Administrator of General Services shall ensure that the list developed and maintained under

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