Page:United States Statutes at Large Volume 108 Part 4.djvu/674

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108 STAT. 3308 PUBLIC LAW 103-355 —OCT. 13, 1994 (ii) by striking out "regulation" each place it appears and inserting in lieu thereof "Federal Acquisition Regulation". (7) Subsection (g) is amended to read as follows: " (g) APPLICABILITY OF REGULATIONS TO SUBCONTRACTORS.— The regulations referred to in subsections (e) and (f)(1) shall require prime contractors of a covered contract, to the maximum extent practicable, to apply the provisions of such regulations to all subcontractors of the covered contract.". (8) Subsection (h) is amended— (A) by inserting after "(h)" the following: "CONTRACTOR CERTIFICATION REQUIRED. — "; (B) by striking out "by the Secretary" in paragraph (1) and inserting in lieu thereof "in the Federal Acquisition Regulation"; and (C) by striking out "Secretary of Defense" in paragraph (2) and inserting in lieu thereof "head of the agency". (9) Subsection (i) is amended by striking out "The submission to the Department of Defense" and inserting in lieu thereof " PENALTIES FOR SUBMISSION OF COST KNOWN AS NOT ALLOW- ABLE. —The submission to an agency". (10) Subsection (j) is amended— (A) by inserting after "(j)" the following: "CONTRACTOR To HAVE BURDEN OF PROOF. —^"; and (B) by striking out "United States Claims Court" and inserting in lieu thereof "United States Court of Federal Claims". (11) Subsection (k) is amended— (A) by inserting after "(k)" the following: "PROCEEDING COSTS NOT ALLOWABLE.—"; (B) in paragraph (2), by striking out "decision by the Department of Defense—** and inserting in lieu thereof "decision—^"; and (C) in paragraph (4)— (i) by inserting after "head of the agency" the following: "or Secretary of the military department concerned", (ii) by striking out "under regulations prescribed by such agency head" and inserting in lieu thereof "in accordance with the Federal Acquisition Regulation", (iii) by inserting "or Secretary" after "agency head", and (iv) by inserting before the period at the end the following: "or military department". (b) UNALLOWABILITY OF COSTS TO INFLUENCE LOCAL LEGISLA- TIVE BODIES. —Subsection (e)(1)(B) of section 2324 of title 10, United States Code, is amended by striking out "or a State legislature" and inserting in lieu thereof ", a State legislature, or a legislative body of a political subdivision of a State". (c) CLARIFICATION OF COST PRINCIPLES.—Subsection (f)(1) of such section is amended by adding at the end the following: "(Q) Conventions.". (d) COVERED CONTRACT DEFINED.—Such section is further amended by striking out subsections (1) and (m) and inserting in lieu thereof the following: "(1) DEFINITIONS.—In this section: