Page:United States Statutes at Large Volume 100 Part 4.djvu/774

 100 STAT. 3341-169

PUBLIC LAW 99-591—OCT. 30, 1986

"(A) the proposal for the contract or subcontract; "(B) the discussions conducted on the proposal; "(C) pricing of the contract or subcontract; or "(D) performance of the contract or subcontract. "(2) The right of the head of an agency under paragraph (1) shall expire three years after final payment under the contract or subcontract. "(3) In this subsection, the term 'records' includes books, documents, and other data. "(g) COST OR PRICING DATA DEFINED.—In this section, the term 'cost or pricing data' means all information that is verifiable and that, as of the date of agreement on the price of a contract (or the price of a contract modification), a prudent buyer or seller would reasonably expect to affect price negotiations significantly. Such term does not include information that is judgmental, but does include the factual information from which a judgment was derived.". (b) CONFORMING AMENDMENTS.—(1) Subsection (f) of section 2306 of such title is amended to read as follows: "(f) So-called 'truth-in-negotiations' provisions relating to cost or pricing data to be submitted by certain contractors and subcontractors are provided in section 2306a of this title.". (2) Section 934(a) of the Defense Procurement Improvement Act of 1985 (title IX of Public Law 99-145; 99 Stat. 700) is repealed. (c) CLERICAL AMENDMENTS.—(1) The heading of section 2306 of title 10, United States Code, is amended to read as follows: "§ 2306. Kinds of contracts". (2) The table of sections at the beginning of chapter 137 of such title is amended by striking out the item relating to section 2306 and inserting in lieu thereof the following: "2306. Kinds of contracts. "2306a. Cost or pricing data: truth in negotiations.".

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(d) EFFECTIVE DATES.—(1) Except as provided in paragraph (2), section 2306a of title 10, United States C!ode (as added by subsection (a)), and the amendment and repeal made by subsection (b), shall apply with respect to contracts or modifications on contracts entered into after the end of the 120-day period beginning on the date of the enactment of this Act. (2) Subsection (e) of such section shall apply with respect to contracts or modifications on contracts entered into after November 7, 1985. SEC. 953. RIGHTS IN TECHNICAL DATA.

(a) RIGHTS IN TECHNICAL DATA.—Subsection (a) of section 2320 of title 10, United States Code, is amended to read as follows: "(a)(1) The Secretary of Defense shall prescribe regulations to define the legitimate interest of the United States and of a contractor or subcontractor in technical data pertaining to an item or process. Such regulations shall be included in regulations of the Etepartment of Defense prescribed as part of the Federal Acquisition Regulation. Such regulations may not impair any right of the United States or of any contractor or subcontractor with respect to patents or copjoights or any other right in technical data otherwise established by law. "(2) Such regulations shall include the following provisions:

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