Page:United States Statutes at Large Volume 101 Part 2.djvu/139

 PUBLIC LAW 100-180—DEC. 4, 1987

101 STAT. 1125

(2) by striking out "operational requirements" and inserting in lieu thereof "susceptibility to attack". SEC. 803. OVERSIGHT OF COST OR SCHEDULE VARIANCES IN CERTAIN MAJOR ACQUISITION PROGRAMS

(a) ENHANCED PROGRAM STABILITY.—Section 2435(b)(2) of title 10, United States Code, is amended by striking out "under paragraph (1)" and inserting in lieu thereof the following: "under paragraph (1), and for which the total cost of completion of the stage will exceed by 15 percent or more, in the case of a development stage, or by 5 percent or more, in the case of a production stage, the amount specified in the baseline description established under subsection (a) for such stage; or any milestone specified in such baseline description will be missed by more than 90 days". (b) MILESTONE AUTHORIZATION.—Section 2437 of such title is amended by redesignating paragraph (1) as paragraph (I)(A) and by adding at the end of such paragraph the following new subparagraph: "(B) Notwithstanding the Secretary's failure to designate a program to be considered for milestone authorization under subparagraph (A), the Committees on Armed Services of the Senate and the House of Representatives may consider such program to have been designated as a defense enterprise program under this section. If the Secretary of Defense is not otherwise required to submit a baseline description for the program, the Secretary shall submit such a baseline description upon the written request of either such Committee." (c) DEFENSE ENTERPRISE PROGRAM.—Section 2436(d)(1) of such title is amended by inserting after "concerned" the following: "with the approval of the Under Secretary of Defense for Acquisition". SEC. 804. T R U T H - I N - N E G O T I A T I O N S ACT AMENDMENTS

(a) DEFINITION OF COST OR PRICING DATA.—Subsection (g) of section 2306a of title 10, United States Code, is amended to read as follows: "(g) COST OR PRICING DATA DEFINED.—In this section, the term 'cost or pricing data' means all facts 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) TECHNICAL AMENDMENTS.—(1) Subsection (a)(5) of such section is amended— „ (A) by striking out the first sentence; and (B) by striking out "such a waiver" and inserting in lieu thereof "a waiver under subsection (b)(2)". (2) Subsection (e)(2) of such section is amended to read as follows: "(2) Any liability under this subsection of a contractor that submits cost or pricing data but refuses to submit the certification required by subsection (a)(2) with respect to the cost or pricing data shall not be affected by the refusal to submit such certification.". (c) EFFECTIVE DATES.—(1) Subsection (a) shall apply to any contract, or modification of a contract, entered into after the end of the 30-day period beginning on the date of the enactment of this Act.

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