Sec. 811. MODIFICATIONS TO COST OR PRICING DATA AND REPORTING REQUIREMENTS

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## SEC. 811 MODIFICATIONS TO COST OR PRICING DATA AND REPORTING REQUIREMENTS ###

(a)Modifications to Submissions of Cost or Pricing Data ####

(1)Title 10 Subsection

(a)of section 2306a of title 10, United States Code, is amended— #####

(A)by striking “December 5, 1990” each place it appears and inserting “June 30, 2018”; #####

(B)by striking “December 5, 1991” each place it appears and inserting “July 1, 2018”; #####

(C)by striking “$100,000” each place it appears and inserting “$750,000”; #####

(D)in paragraph (1)— ######

(i)in subparagraphs (A)(i), (B)(i), (C)(i), (C)(ii), and (D)(i), by striking “$500,000” and inserting “$2,000,000”; and ######

(ii)in subparagraph (B)(ii), by striking “$500,000” and inserting “$750,000”; #####

(E)in paragraph (6), by striking “December 5, 1990” and inserting “June 30, 2018”; and #####

(F)in paragraph (7), by striking “to the amount” and all that follows through “higher multiple of $50,000.” and inserting “in accordance with section 1908 of title 41.”. ####

(2)Title 41 Section 3502 of title 41, United States Code, is amended— #####

(A)in subsection (a)— ######

(i)by striking “October 13, 1994” each place it appears and inserting “June 30, 2018”; ######

(ii)by striking “$100,000” each place it appears and inserting “$750,000”; ######

(iii)in paragraphs (1)(A), (2)(A), (3)(A), (3)(B), and (4)(A), by striking “$500,000” and inserting “$2,000,000”; and ######

(iv)in paragraph (2)(B), by striking “$500,000” and inserting “$750,000”; #####

(B)in subsection (f), by striking “October 13, 1994” and inserting “June 30, 2018”; and #####

(C)in subsection (g), by striking “to the amount” and all that follows through “higher multiple of $50,000.” and inserting “in accordance with section 1908.”. ###

(b)Modification to Authority to Require Submission Paragraph

(1)of section 2306a(d) of title 10, United States Code, is amended by striking “the contracting officer shall require submission of” and all the follows through “to the extent necessary” and inserting “the offeror shall be required to submit to the contracting officer data other than certified cost or pricing data (if requested by the contracting officer), to the extent necessary”. ###

(c)Comptroller General Review of Modifications to Cost or Pricing Data Submission Requirements Not later than March 1, 2022, the Comptroller General of the United States shall submit to the congressional defense committees a report on the implementation and effect of the amendments made by subsections

(a)and (b). ###

(d)Requirements for Defense Contract Audit Agency Report ####

(1)In general Section 2313a of title 10, United States Code, is amended— #####

(A)in subsection (a)(2)— ######

(i)in subparagraph (A)— ######

(I)by inserting “and dollar value” after “number”; and ######

(II)by inserting “, set forth separately by type of audit” after “pending”; ######

(ii)in subparagraph (C), by inserting “, both from the date of receipt of a qualified incurred cost submission and from the date the audit begins” after “audit”; ######

(iii)by amending subparagraph

(D)to read as follows: > > ##### “(D) > > the sustained questioned costs, set forth separately by type of audit, both as a total value and as a percentage of the total questioned costs for the audit;” > ; ######

(iv)by striking subparagraph (E); and ######

(v)by inserting after subparagraph

(D)the following new subparagraphs: > > ##### “(E) > > the total number and dollar value of incurred cost audits completed, and the method by which such incurred cost audits were completed; > > > ##### “(F) > > the aggregate cost of performing audits, set forth separately by type of audit; > > > ##### “(G) > > the ratio of sustained questioned costs to the aggregate costs of performing audits, set forth separately by type of audit; and > > > ##### “(H) > > the total number and dollar value of audits that are pending for a period longer than one year as of the end of the fiscal year covered by the report, and the fiscal year in which the qualified submission was received, set forth separately by type of audit;” > ; and #####

(B)by adding at the end the following new subsection: > > ### “(d) Definitions > > > #### “(1) > > The terms ‘incurred cost audit’ and ‘qualified incurred cost submission’ have the meaning given those terms in section 2313b of this title. > > > #### “(2) > > The term ‘sustained questioned costs’ means questioned costs that were recovered by the Federal Government as a result of contract negotiations related to such questioned costs.” > . ####

(2)Exemption to report termination requirements **[**[10 U.S.C. 111 note](/us/usc/t10/s111)**]** Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1000; 10 U.S.C. 111 note), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2405; 10 U.S.C. 111 note), does not apply to the report required to be submitted to Congress under section 2313a of title 10, United States Code. ###

(e)Adjustment to Value of Covered Contracts for Requirements Relating to Allowable Costs Subparagraph

(B)of section 2324(l)(1) of title 10, United States Code, is amended by striking “to the equivalent” and all that follows through “higher multiple of $50,000.” and inserting “in accordance with section 1908 of title 41.”.

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