PUBLIC LAW 100-26—APR. 21, 1987
101 STAT. 277
"(B) require a response within 60 days justifying the current validity of the asserted restriction; and "(C) state that evidence of a justification described in paragraph (4) may be submitted. "(4) It is a justification of an asserted use or release restriction challenged under paragraph (1) that, within the three-year period preceding the challenge to the restriction, the Department of Defense validated a restriction identical to the asserted restriction if— "(A) such validation occurred after a challenge to the validated restriction under this paragraph; and
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"(B) the validated restriction was asserted by the same contractor or subcontractor (or a licensee of such contractor or
- subcontractor).".
(B) Subsection (e) of such section (as redesignated by subparagraph (A)(i)) is amended by striking out "If a contractor or subcontractor asserting a restriction subject to this section" and inserting in lieu thereof "TIME FOR CONTRACTORS TO SUBMIT JUSTIFICATIONS.—If a contractor or subcontractor asserting a use or release restriction". (C) Subsection (f) of such section (as redesignated by subpara^ graph (A)(i)) is amended— (i) by striking out "(1) Upon" and inserting in lieu thereof •*, "DECISION BY CONTRACTING OFFICER.—(1) Upon"; and •I (ii) by striking out "subsection (b)" in paragraphs (1) and ^ ^ (2) and inserting in lieu thereof "subsection (d)(3)". (D) Subsection (g) of such section (as redesignated by subparagraph (A)(i)) is amended by inserting "CLAIMS.—" after "(g)". (E) Subsection (h) of such section (as redesignated by subparagraph (A)(i)) is amended—
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(i) by inserting "RIGHTS AND LIABILITY UPON FINAL DIS-
(1^.,,
POSITION.—" after "(h)"; (ii) by striking out "the restriction on the right of the United States to use such technical data" in the matter in mmt paragraph (1) preceding subparagraph (A) and inserting in lieu thereof "the use or release restriction"; .mm ^€, htm ' (iii) by striking out "on the right of the United States to use the technical data" in paragraph (I)(A); s' ' (iv) by striking out ", as appropriate," in paragraph (I)(B) ' and inserting in lieu thereof "asserting the restriction"; and t (v) by striking out "the restriction on the right of the 'h: United States to use such technical data" in the matter in J paragraph (2) preceding subparagraph (A) and inserting in It lieu thereof "the use or release restriction". (F) Such section is further amended by adding at the end the ^ following new subsection: "(i) USE OR RELEASE RESTRICTION DEFINED.—In this section, the Contracts, term 'use or release restriction', with respect to technical data delivered to the United States under a contract subject to this section, means a restriction by the contractor on the right of the United States— [^^i u.,. "(1) to use such technical data; or t st • "(2) to release or disclose such technical data to persons outside the Government or permit the use of such technical data by persons outside the Government.".
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