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of Federal Procurement Policy Act (41 U.S.C. 403(7)) and has (or can demonstrate the capability to obtain) the specialized dredging equipment deemed necessary to perform the work to be required in accordance with the schedule to be specified in the solicitation.
(3) Contracting opportunities for dredging shall be reserved for competition among emerging small business concerns if their estimated award value is below an amount to be specified by the Administrator for Federal Procurement Policy (hereafter in this section referred to as the "Administrator"), upon the recommendation of the Secretary. Such reserve amount shall be established by the Administrator at the start of the program at a level which can reasonably be expected to result in the Department attaining the applicable participation goal for emerging small business concerns. Such reserve threshold shall be reviewed by the Secretary and adjusted by the Administrator to the extent necessary on a semiannual basis beginning after the end of the second quarter of fiscal year 1989 on the basis of the aggregate of contract awards for the four fiscal year quarters preceding the date of the review.
(4) The Secretary shall restrict for competition among all eligible small business concerns such additional contracting opportunities for dredging in such numbers and at such estimated award values as can reasonably be expected to result in the Department exceeding the applicable participation goal for small business concerns generally.
(d) ACQUISITION STRATEGIES TO FOSTER SMALL BUSINESS PARTICIPATION. (1) In attaining the goals for participation by small business concerns and emerging small business concerns, the Secretary is encouraged to:
(A) specify contract requirements and contractual terms and conditions that are conducive to competition by small business concerns and emerging small business concerns, consistent with the mission or program requirements of the Department;
(B) foster joint ventures, teaming agreements, and other similar arrangements, which permit small business concerns to effectively compete for contract opportunities for which an individual firm would lack the requisite capacity or capability needed to establish responsibility for the award of a contract; and
(C) foster subcontracting through plans negotiated and enforced pursuant to section 8(d) of the Small Business Act (15) U.S.C. 637(d)) or solicitation requirements specifying minimum percentages of subcontracting for the purpose of determining the responsiveness of an offer.
(2) During the term of the program, data shall be collected pertaining to the actual size of the firm receiving an award as a small business concern or an emerging small business concern.
(e) SIZE STANDARD.-For the purposes of the program established by subsection (a), the size standard pertaining to standard industrial classification code 1629 (Dredging and Surface Cleanup Activities) in effect on October 1, 1988 shall remain in effect until September 30, 1990.
(1) The Secretary shall furnish a report to the Committees on Small Business of the Senate and House of Representatives, the Administrator of the Small Business Administration, and the Administrator for Federal Procurement Policy within 120 days after September 30, 1995.,6 regarding compliance with this section
(2) Interim reports shall be submitted annually within 90 days after the close of each fiscal year during the term of the program established under subsection (a). The Secretary may include recommendations regarding adjustments to the Department's participation goals for small business concerns and emerging small business concerns and to the applicable size standard, if the Secretary determines that such goals cannot reasonably be attained from the pool of firms meeting the current size standard.
PART D-AMENDMENTS TO THE SMALL BUSINESS ACT
SEC. 731. [15 U.S.C. 644 note] TECHNICAL AMENDMENT.
[Amended section 809(a)(2) of Public Law 100-180 (101 Stat. 1130, December 4, 1987).]
SEC. 732. [15 U.S.C. 632 note] REPEALER.
Paragraphs (2) through (5) of subsection 3(a) of the Small Business Act (15 U.S.C. 632(a) (2) (5)) are repealed.
PART E-OTHER AMENDMENTS
SEC. 741. [15 U.S.C. 644 note] SEGMENTATION OF INDUSTRY CATEGORY. The Small Business Administration, pursuant to the authority of section 15(a) of the Small Business Act (15 U.S.C. 644(a)), shall segment the industry category of shipbuilding and ship repair, as follows:
(1) nuclear shipbuilding and repair;
(3) non-nuclear ship repair, which shall be further segmented by, at least, East Coast and West Coast facilities.
SEC. 742. DEFINITION OF ARCHITECTURAL AND ENGINEERING SERVICES.
[Amended section 901 of the Federal Property and Administrative Services Act (40 U.S.C. 541).]
So in law. Period should be after "section".
SELECTED PROVISIONS OF THE MAJOR FRAUD ACT OF 1988
(Public Law 100-700, approved Nov. 19, 1988)
SECTION 1. SHORT TITLE.
This Act may be cited as the "Major Fraud Act of 1988."
SEC. 4. ESTABLISHMENT OF ADDITIONAL ASSISTANT UNITED STATES ATTORNEY AND SUPPORT PROVISIONS.
(a) ESTABLISHMENT OF POSITIONS. Subject to the funding authorization limitations in section 5(a), there are hereby established within the Department of Justice additional Assistant United States Attorney positions and additional support staff positions for prosecuting cases under both the criminal and civil statutes.
(b) FUNCTION OF PERSONNEL.-The primary function of individuals selected for the positions specified in subsection (a) shall be dedicated to the investigation and prosecution of fraud against the Government.
(c) LOCATIONS.-The Attorney General shall determine the locations for assignment of such personnel. In making such determination the Attorney General shall consider concentrations of Government programs and procurements and concentrations of pending Government fraud investigations and allegations.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.-Subject to the provisions of subsection (b), for the purpose of carrying out the purposes of this Act there are authorized to be appropriated $8,000,000 for fiscal year 1989, and such sums as may be necessary for each of the four succeeding fiscal years, to be available unitl expended.
(b) LIMITATION.-Before expending funds appropriated pursuant to subsection (a) to carry out the purposes of this section, the Attorney General shall utilize available existing resources within the Department of Justice for such purposes.
SEC. 6. [28 U.S.C. 522 note] CONGRESSIONAL OVERSIGHT.
Commencing with the first year after the date of enactment of this section, the Attorney General shall annually report to the Congress with respect to
(1) the number of referrals of fraud cases by the Department of Defense contractors (with specific statistics with respect to the one hundred largest contractors), the number of open investigation of such contractors, and a breakdown of to which United States Attorney's Office or other component of the Department of Justice each such case was referred;
(2) the number of referrals of fraud cases from other agencies or sources;
(3) the number of attorneys and support staff assigned pursuant to this Act;
(4) the number of investigative agents assigned to each investigation and the period of time each investigation has been opened;
(5) the number of convictions and acquittals achieved by individuals assigned to positions established by the Act; and
(6) the sentences, recoveries, and penalties achieved by individuals assigned to positions established by this Act.
DRUG-FREE WORKPLACE ACT OF 19881
SEC. 5151. [41 U.S.C. 701 note] SHORT TITLE.
This subtitle may be cited as the "Drug-Free Workplace Act of 1988".
SEC. 5152. [41_U.S.C. 701] DRUG-FREE WORKPLACE REQUIREMENTS FOR FEDERAL CONTRACTORS.
(a) DRUG-FREE WORKPLACE REQUIREMENT.
(1) REQUIREMENT FOR PERSONS OTHER THAN INDIVIDUALS.-No person, other than an individual, shall be considered a responsible source, under the meaning of such term as defined in section 4(8) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(8)), for the purposes of being awarded a contract for the procurement of any property or services of a value greater than the simplified acquisition threshold (as defined in section 4(11) of such Act (41 U.S.C. 403(11))) by any Federal agency, other than a contract for the procurement of commercial items as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403), unless such person has certified to the contracting agency that it will provide a drug-free workplace by
(A) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's workplace and specifying the actions that will be taken against employees for violations of such prohibition;
(B) establish a drug-free awareness program to inform employees about
(i) the dangers of drug abuse in the workplace; (ii) the person's policy of maintaining a drug-free workplace;
(iii) any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) the penalties that may be imposed upon employees for drug abuse violations;
(C) making it a requirement that each employee to be engaged in the performance of such contract be given a copy of the statement required by subparagraph (A);
(D) notifying the employee in the statement required by subparagraph (A), that as a condition of employment on such contract, the employee will
(i) abide by the terms of the statement; and
1This Act is contained in subtitle D of title V of the Anti-Drug Abuse Act of 1988 (P.L. 100– 690; 102 Stat. 4304), approved Nov. 19, 1988.