Page:United States Statutes at Large Volume 108 Part 4.djvu/684

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108 STAT. 3318 PUBLIC LAW 103-355—OCT. 13, 1994 "(g) FORMS OF ORIGINAL RECORD STORAGE. —Nothing in this section shall be construed to preclude a contractor from duplicating or storing original records in electronic form. "(h) USE OF IMAGES OF ORIGINAL RECORDS.— The head of an agency shall not require a contractor or subcontractor to provide original records in an audit carried out pursuant to this section if the contractor or subcontractor provides photographic or electronic images of the original records and meets the following requirements: "(1) The contractor or subcontractor has established procedures to ensure that the imaging process preserves the integrity, reliability, and security of the original records. "(2) The contractor or subcontractor maintains an effective indexing system to permit timely and convenient access to the imaged records. "(3) The contractor or subcontractor retains the original records for a minimum of one year after imaging to permit periodic validation of the imaging systems. (i) RECORDS DEFINED.— In this section, the term 'records' includes books, documents, accoiuiting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.". (2) The item relating to such section in the table of sections at the beginning of chapter 137 of title 10, United States Code, is amended to read as follows: "2313. Examination of records of contractor.". (b) REPEAL OF SUPERSEDED PROVISION. —<1) Section 2406 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 141 of such title is amended by striking out the item relating to section 2406. PART II—CIVILIAN AGENCY ACQUISITIONS SEC. 2251. AUTHORITY TO EXAMINE RECORDS OF CONTRACTORS. (a) AUTHORITY. — Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), as amended by sections 1072 and 1251(a), is further amended by inserting after section 304B the following new section: 41 USC 254d. "SEC. 304C. EXAMINATION OF RECORDS OF CONTRACTOR. "(a) AGENCY AUTHORITY.—(1) The head of an executive agency, acting through an authorized representative, is authorized to inspect the plant and audit the records of— "(A) a contractor performing a cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable contract, or any combination of such contracts, made by that executive agency under this title; and "(B) a subcontractor performing any cost-reimbursement, incentive, time-and-materials, labor-hour, or priceredeterminable subcontract or any combination of such subcontracts under a contract referred to in subparagraph (A). "(2) The head of an executive agency, acting through an authorized representative, is authorized, for the purpose of evaluating the accuracy, completeness, and currency of certified cost or pricing data required to be submitted pursuant to section 304B with respect