Page:United States Statutes at Large Volume 100 Part 2.djvu/853

 PUBLIC LAW 99-500—OCT. 18, 1986

100 STAT. 1783-172

warranted, the Secretary shall provide written notice to the contractor or subcontractor asserting the restriction. Such a determination shall be based on a finding by the Secretary that reasonable grounds exist to question the current validity of the asserted restriction and that the continued adherence to the asserted restriction by the United States would make it impracticable to procure the item competitively at a later time. Such notice shall— "(i) state the specific grounds for challenging the asserted restriction; "(ii) require a response within 60 days justifying the current validity of the asserted restriction; and "(iii) state that evidence of a validation by the Department of Defense of a restriction identical to the asserted restriction within the three-year period preceding the challenge shall serve as justification for the asserted restriction if— "(I) the validation occurred after a review of the validated restriction under this subsection; and "(ID the validated restriction was asserted by the same contractor or subcontractor (or any licensee of such contractor or subcontractor) to which such notice is being provided. "(B) Notwithstanding subparagraph (A), the United States may challenge a restriction on the release, disclosure, or use of technical data delivered under a contract at any time if such technical data— "(i) is publicly available; "(ii) has been furnished to the United States without restriction; or "(iii) has been otherwise made available without restriction.". (c) CONFORMING AMENDMENTS.—Section 1202 of the Department of Defense Authorization Act, 1985 (10 U.S.C. 2301 note), is amended— (1) by inserting "and" at the end of paragraph (4); (2) by striking out "; and" at the end of paragraph (5) and inserting in lieu thereof a period; and (3) by striking out paragraph (6). (d) DEADLINE FOR REVISION OF REGULATIONS.—(1) Proposed regulations under section 2320(a)(1) of title 10, United States Code (as amended by subsection (a)), shall be published in the Federal Register for comment not later than 90 days after the date of the enactment of this Act. (2) Proposed final regulations under such section shall be published in the Federal Register not later than 180 days after the date of the enactment of this Act. (e) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall apply to contracts for which solicitations are issued after the end of the 210-day period beginning on the date of the enactment of this Act. SEC. 954. RECOVERY OF COSTS TO PROVIDE TECHNICAL DATA

(a) IN GENERAL.—(1) Chapter 137 of title 10, United States Code, is amended by adding after section 2327 (as added by section 951) the following new section: "§ 2328. Release of technical data "(a) IN GENERAL.—(1) The Secretary of Defense shall, if required to release technical data under section 552 of title 5 (relating to the Freedom of Information Act), release technical data to a person

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