REAUTHORIZATION OF BOND WAIVER TEST PROGRAM.

SEC. 813. REAUTHORIZATION OF BOND WAIVER TEST PROGRAM. (a) Authority.—(1) In the award of construction contracts by the Department of Defense to participants in the Minority Small Business and Capital Ownership Development Program of the Small Business Administration, the Secretary of Defense may exercise the authority to grant surety bond exemptions to such participants provided by section 7(j)(13)(1)) of the Small Business Act (15 U.S.C. 636(j)(13)(1))). In any case in which the Secretary exercises such authority, the Secretary may award a construction contract directly to a participant in such program, without approval by or consultation with the Small Business Administration. (2) In exercising the authority provided by paragraph (1), the Secretary of Defense shall make every reasonable effort to award not fewer than 30 contracts for construction projects (including repair and alteration of existing facilities) during each fiscal year. (b) Delegation of Authority.—The Secretary of Defense shall delegate to one or more Secretaries of a military department the authority provided by subsection (a)(1). (c) No Right of Action Against the United States.—A dispute between a contractor granted a surety bond exemption pursuant to section 7(j)(13)(1)) of the Small Business Act and a subcontractor at any tier or a supplier of such contractor relating to the amount or entitlement of a payment due such subcontractor or supplier does not constitute a dispute to which the United States is a party. The United States may not be interpleaded in any judicial or administrative proceeding involving such a dispute. (d) Regulations.—The Secretary of Defense shall prescribe final regulations and procedures for exercising the authority provided in this section not later than 270 days after the date of the enactment of this Act. (e) Program Duration.—The authority provided by this section shall apply to contracts awarded before October 1, 1994. (f) Conforming Repeal.—Section 833 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1509; 15 U.S.C. 636 note) is hereby repealed.