Page:United States Statutes at Large Volume 108 Part 4.djvu/759

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PUBLIC LAW 103-355 —OCT. 13, 1994 108 STAT. 3393 any other prospective purchaser of such commercial items from that subcontractor. "(2) In paragraph (1), the term 'commercial item' has the meaning given such term in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).". (h) INAPPLICABILITY OF PROHIBITION ON PERSONS CONVICTED OF DEFENSE-RELATED FELONIES. — Paragraph (4) of section 2408(a) of title 10, United States Code, as added by section 4102(g), is amended— (1) by inserting afl:er subparagraph (A) the following: "(B) A contract referred to in such subparagraph that is for the acquisition of commercial items (as defined in section 4(12) of the Office of Federal Procurement PoUcy Act (41 U.S.C. 403(12))). "; and (2) by inserting "or (B)" before the period at the end of subparagraph (C). (i) INAPPLICABILITY OF CONTRACTOR INVENTORY ACCOUNTING SYSTEM STANDARDS. —Section 2410b of title 10, United States Code, is amended by adding after subsection (b), as added by section 4102(h), the following: "(c) The regulations prescribed pursuant to subsection (a) shall not apply to a contract for the purchase of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))). ". (j) INAPPLICABILITY OF REPORTING REQUIREMENT REGARDING lo use 2327 DEALINGS WITH TERRORIST COUNTRIES. —Section 843(a) of Public "°**- Law 103-160 (107 Stat. 1720) is amended by adding at the end the following: "(3) This section does not apply with respect to a contract for the procurement of a commercial item (as defined in section 4(12) of the Office of Federal Procurement PoUcy Act (41 U.S.C. 403(12))). ". (k) AMENDMENTS TO ARMED SERVICES PROVISION.— Section 806 lo use 2301 of the National Defense Authorization Act for Fiscal Years 1992 "°*®- and 1993 (Public Law 102-190; 10 U.S.C. 2301 note) is amended by striking out subsection (b) and inserting in heu thereof the following: "(b) INAPPLICABILITY TO CERTAIN CONTRACTS.—Regulations prescribed under this section shall not apply to a contract for the acquisition of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act).". SEC. 8106. PRESUMPTION THAT TECHNICAL DATA UNDER CONTRACTS FOR COMMERCIAL ITEMS ARE DEVELOPED EXCLU- SIVELY AT PRIVATE EXPENSE. (a) REGULATIONS REQUIRED TO INCLUDE PRESUMPTION OF DEVELOPMENT AT PRIVATE EXPENSE. — Paragraph (1) of section 2320(b) of title 10, United States Code, is amended by inserting before the semicolon at the end the following: "and providing that, in the case of a contract for a commercial item, the item shall be presumed to be developed at private expense unless shown otherwise in accordance with section 2321(f)". (b) ASSERTION OF RESTRICTION PRESUMED JUSTIFIED. —Section 2321 of title 10, United States Code, is amended— (1) by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (i), and (j); and