Page:United States Statutes at Large Volume 124.djvu/1348

 124 STAT. 1322 PUBLIC LAW 111–195—JULY 1, 2010 ‘‘(B) INCLUSION ON LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT AND NONPROCUREMENT PRO- GRAMS.—The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisi- tion Regulation issued pursuant to section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421) each person that is debarred, suspended, or proposed for debar- ment or suspension by the head of an executive agency on the basis of a determination of a false certification under subparagraph (A). ‘‘(3) CLARIFICATION REGARDING CERTAIN PRODUCTS.—The remedies set forth in paragraph (2) shall not apply with respect to the procurement of eligible products, as defined in section 308(4) of the Trade Agreements Act of 1974 (19 U.S.C. 2518(4)), of any foreign country or instrumentality designated under section 301(b) of that Act (19 U.S.C. 2511(b)). ‘‘(4) RULE OF CONSTRUCTION.—This subsection shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under paragraph (1). ‘‘(5) WAIVERS.—The President may on a case-by-case basis waive the requirement that a person make a certification under paragraph (1) if the President determines and certifies in writing to the appropriate congressional committees, the Com- mittee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, that it is in the national interest of the United States to do so. ‘‘(6) EXECUTIVE AGENCY DEFINED.—In this subsection, the term ‘executive agency’ has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). ‘‘(7) APPLICABILITY.—The revisions to the Federal Acquisi- tion Regulation required under paragraph (1) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010.’’. (c) PRESIDENTIAL WAIVER.—Section 9 of such Act is amended— (1) in subsection (a), by striking ‘‘5(b)’’ each place it appears and inserting ‘‘5(b)(1)’’; and (2) in subsection (c)— (A) by striking ‘‘section 5(a) or (b)’’ each place it appears and inserting ‘‘section 5(a) or 5(b)(1)’’; (B) in paragraph (1), by striking ‘‘important to the national interest’’ and inserting ‘‘necessary to the national interest’’; and (C) in paragraph (2), by striking subparagraph (C) and inserting the following: ‘‘(C) an estimate of the significance of the conduct of the person in contributing to the ability of Iran to, as the case may be— ‘‘(i) develop petroleum resources, produce refined petroleum products, or import refined petroleum prod- ucts; or 50 USC 1701 note. Certification.