Page:United States Statutes at Large Volume 99 Part 1.djvu/722

 99 STAT. 700

PUBLIC LAW 99-145—NOV. 8, 1985 (b) PENALTY.—A defense contractor who knowingly employs a person under a prohibition under subsection (a) shall be fined not more than $500,000. (c) EFFECTIVE DATE.—Subsection (a) shall apply only with respect to crimes committed after the date of the enactment of this Act.

10 USC 2324 note.

SEC. 933. BURDEN OF PROOF IN GOVERNMENT CONTRACT DISPUTE RESOLUTION

In a proceeding before the Armed Services Board of Contract Appeals, the United States Claims Court, or any other Federal court in which the reasonableness of indirect costs for which a contractor seeks reimbursement from the Department of Defense is in issue, the burden of proof shall be upon the contractor to establish that such costs are reasonable.

10 USC 2304 note. 98 Stat. 1192.

SEC. 934. REIMBURSEMENT, INTEREST CHARGES, AND PENALTIES FOR OVERPAYMENTS (a) COST AND PRICING DATA.—If the United States makes an

overpayment to a contractor under a contract with the Department of Defense subject to 2306(f) of title 10, United States Code, and the overpayment was due to the submission by the contractor of inaccurate, incomplete, or noncurrent cost and pricing data, the contractor shall be liable to the United States— (1) for interest on the amount of such overpayment to be computed from the date the payment was made to the contractor to the date the Government is repaid by the contractor at the applicable rate prescribed by the Secretary of the Treasury pursuant to Public Law 92-41 (85 Stat. 97); and (2) if the submission of such inaccurate, incomplete, or noncurrent cost and pricing data was a knowing submission, an amount equal to the amount of the overpayment. Qy) DEFENSE PRODUCTION ACT AMENDMENT.—Section 719 of the

Defense Production Act of 1950 (50 U.S.C. App. 2168) is amended by striking out the third sentence in subsection (h)(1) and inserting in lieu thereof the following: "Such interest shall be set at a rate established by the Secretary of the Treasury pursuant to Public Law 92-41. Such interest shall accrue from the time such payments were made to the contractor or subcontractor to the time such price adjustment is effected.''. 50 USC app. 2168 (c) EFFECTIVE DATE.—This section shall apply only to contracts noteentered into on or after the date of the enactment of this Act.

98 Stat. 1192.

Report.

SEC. 935. SUBPOENAS OF DEFENSE CONTRACTOR RECORDS Section 2313 of title 10, United States Code, is amended by adding at the end thereof the following new subsection: "(d)(1) The Director of the Defense Contract Audit Agency (or any successor agency) may require by subpoena the production of books, documents, papers, or records of a contractor, access to which is provided to the Secretary of Defense by subsection (a) or by section \ 2306(f) of this title. "(2) Any such subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of an appropriate United States district court. "(3) The authority provided by paragraph (1) may not be redelegated. "(4) The Director (or any successor official) shall submit an annual report to the Secretary of Defense on the exercise of such authority

�