Page:United States Statutes at Large Volume 100 Part 5.djvu/478

 100 STAT. 3952

PUBLIC LAW 99-661—NOV. 14, 1986

exist to question the c u r r e n t validity of the asserted restriction and that the continued adherence to the asserted restriction by the United States would m a k e it impracticable to procure the item competitively a t 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) s t a t e 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 "(II) the validated restriction w a s 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 d a t a delivered under a contract a t 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 m a d e available without restriction.". (c) CONFORMING AMENDMENTS. — S e c t i o n 1202 of the Department

of Defense Authorization Act, 1985 (10 U.S.C. 2301 note), is amended— (1) by inserting " and " a t the end of paragraph (4); (2) by striking out "; and " a t the end of paragraph (5) and inserting in lieu thereof a period; and (3) by striking out paragraph (6). 10 USC 2320 note. Federal Register, publication. Federal Register, publication. 10 USC 2320 note.

(d) DEADLINE FOR REVISION OF REGULATIONS.—(1) Proposed regula-

tions 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 l a t e r than 90 days after the date of the e n a c t m e n t of this Act. (2) Proposed final regulations under such section shall be published in the Federal Register not l a t e r than 180 days after the date of the e n a c t m e n t of this Act. (e) EFFECTIVE D A T E. — The amendments m a d e by subsections (a)

and (b) shall apply to contracts for which solicitations a r e issued after the end of the 210-day period beginning on the date of the e n a c t m e n t 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: 10 USC 2328.

"§ 2328. Release of technical d a t a "(a) IN GENERAL.—(1) The Secretary of Defense shall, if required to release technical d a t a under section 552 of title 5 (relating to the Freedom of Information Act), release technical d a t a to a person requesting such a release if the person pays all reasonable costs a t t r i b u t a b l e to search and duplication. h..
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