PUBLIC LAW 100-656—NOV. 15, 1988
102 STAT. 3885
subcontracting plans and in making greater use of small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals; (iii) the extent to which liquidated damages have been assessed under subcontracting plans and whether the inclusion of a liquidated damage clause furthers the purposes of the subcontracting program; and (iv) the special circumstances of contractors providing commercial products. (2)(A) Based upon its review, the Commission shall issue an in- Reports. terim report and a final report to the Congress and to the President. (B) The interim report shall be issued by December 31, 1990, and shall detail the methodology pursued to evaluate each issue described in subparagraphs (A) and (B) of paragraph (1). The Commission shall also indicate those changes in law or regulation, if any, that should be considered immediately in order to protect the integrity of the Program and further the legitimate interests of Program Participants. (C) The final report shall be issued within 1 year after the interim report and shall contain detailed findings, conclusions, and recommendations for such changes in law or regulation as niay be necessary to further the growth and development of minority businesses. Such findings, conclusions, and recommendations shall be stated for each issue described under each such subparagraph. (c) MEMBERSHIP.—(1) The Commission shall be composed of fourteen members to be selected as follows: (A)(i) The Administrator of the Small Business Administration, or a designee of the Administrator. (ii) The Under Secretary of Defense for Acquisition. (iii) The Secretary of Commerce (or such Secretary's Deputy), (iv) The Secretary of Transportation (or such Secretary's Deputy). (B) Two members shall be representatives of trade or business associations whose membership are primarily small business concerns owned and controlled by socially and economically disadvantaged individuals. (C) Four members shall be chief executive officers, or individuals of similar position, from major domestic corporations two of which shall be minority businesses. (D) Four members shall be from leading educational institutions in business administration and management, two of which shall be from historically Black colleges or universities and minority institutions {as defined by the Secretary of Education pursuant to the General Education Provisions Act (20 U.S.C. 1221 et seq.). (2) Appointments under subparagraphs (B), (C), and (D) of para- President of U.S. graph (1) shall be made by the President. No more than one-half of the members appointed under each such subparagraph shall be of the same political party. No appointed member shall be an officer or employee of the Federal Government nor of the Congress. (3) Members appointed under such subparagraphs shall be appointed for the term of the Commission except if any such appointee becomes an officer or employee of the Federal Government or of the Congress, such individual may continue as a member of the Commission for not longer than the thirty-day period beginning on the date such individual becomes such an officer or employee.
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