Page:United States Statutes at Large Volume 110 Part 1.djvu/682

 110 STAT. 658 PUBLIC LAW 104-10&—FEB. 10, 1996 (B) The item relating to section 29 in the table of contents for the Office of Federal Procurement Policy Act (contained in section 1(b)) (41 U.S.C. 401 note) is amended to read as follows: "Sec. 29. Contract clauses and certifications.". (c) POLICY OF CONGRESS. — Section 29 of the Office of Federal Procurement Policy Act (41 U.S.C. 425) is further amended by adding after subsection (a) the following new subsection: "(b) CONSTRUCTION OF CERTIFICATION REQUIREMENTS.— A provision of law may not be construed as requiring a certification by a contractor or offeror in a procurement made or to be made _ by the Federal Government unless that provision of law specifically provides that such a certification shall be required.". SEC. 4302. AUTHORITIES CONDITIONED ON FACNET CAPABILITY. (a) COMMENCEMENT AND EXPIRATION OF AUTHORITY TO CON- DUCT CERTAIN TESTS OF PROCUREMENT PROCEDURES. —Subsection (j) of section 5061 of the Federal Acquisition Streamlining Act of 1994 (41 U.S.C. 413 note; 108 Stat. 3355) is amended to read as follows: "0 ") COMMENCEMENT AND EXPIRATION OF AUTHORITY.— The authority to conduct a test under subsection (a) in an agency and to award contracts under such a test shall take effect on January 1, 1997, and shall expire on January 1, 2001. A contract entered into before such authority expires in an agency pursuant to a test shall remain in effect, in accordance with the terms of the contract, the notwithstanding of expiration the authority to conduct the test under this section.". (b) USE OF SIMPLIFIED ACQUISITION PROCEDURES. —Subsection (e) of section 31 of the Office of Federal Procurement Policy Act (41 U.S.C. 427) is amended— (1) by striking out "ACQUISITION PROCEDURES. — " and all that follows through "(B) The simplified acquisition" in paragraph (2)(B) and inserting in lieu thereof "ACQUISITION PROCE- DURES.— The simplified acquisition"; and (2) by striking out "pursuant to this section" in the remaining text and inserting in lieu thereof "pursuant to section 2304(g)( 1)(A) of title 10, United States Code, section 303(g)( 1)(A) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(A)), and subsection (a)(1) of this section". SEC. 4303. INTERNATIONAL COMPETITIVENESS. (a) ADDITIONAL AUTHORITY TO WAIVE RESEARCH, DEVELOP- MENT, AND PRODUCTION COSTS. —Subject to subsection (b), section 21(e)(2) of the Arms Export Control Act (22 U.S.C. 2761(e)(2)) is amended— (1) by inserting "(A)" after "(2)"; and (2) by adding at the end the following new subparagraphs: "(B) The President may waive the charge or charges which would otherwise be considered appropriate under paragraph (1)(B) for a particular sale if the President determines that— "(i) imposition of the charge or charges likely would result in the loss of the sale; or "(ii) in the case of a sale of major defense equipment that is also being procured for the use of the Armed Forces, the waiver of the charge or charges would (through a resulting

�