TRUTH-IN-NEGOTIATIONS ACT AMENDMENTS

SEC. 804. TRUTH-IN-NEGOTIATIONS 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. 101 STAT. 1126 (2) The amendments made by subsection (b) shall apply with respect to contracts, or modifications of contracts, entered into after the end of the 120-day period beginning on October 18, 1986.