PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 659 increase in the total quantity of the equipment purchased from the source of the equipment that causes a reduction in the unit cost of the equipment) result in a savings to the United States on the cost of the equipment procured for the use of the Armed Forces that substantially offsets the revenue foregone by reason of the waiver of the charge or charges. "(C) The President may waive, for particular sales of major defense equipment, any increase in a charge or charges previously considered appropriate under paragraph (1)(B) if the increase results from a correction of an estimate (reasonable when made) of the production quantity base that was used for calculating the charge or charges for purposes of such paragraph.". (b) CONDITIONS.— - Subsection (a) shall be effective only if— 22 USC 2761 (1) the President, in the budget of the President for fiscal note. year 1997, proposes legislation that if enacted would be qualify- ing offsetting legislation; and (2) there is enacted qualifying offsetting legislation. (c) EFFECTIVE DATE.— I f the conditions in subsection (b) are 22 USC 2761 met, then the amendments made by subsection (a) shall take effect note. on the date of the enactment of qualifying offsetting legislation. (d) DEFINITIONS.—For purposes of this section: 22 USC 2761 (1) The term "qualifying offsetting legislation" means legis- note. lation that includes provisions that— (A) offset fully the estimated revenues lost as a result of the amendments made by subsection (a) for each of the fiscal years 1997 through 2005; (B) expressly state that they are enacted for the purpose of the offset described in subparagraph (A); and (C) are included in full on the PayGo scorecard. (2) The term "PayGo scorecard" means the estimates that are made by the Director of the Congressional Budget Office and the Director of the Office of Management and Budget under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 4304. PROCUREMENT INTEGRITY. (a) AMENDMENT OF PROCUREMENT INTEGRITY PROVISION.—Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) is amended to read as follows: "SEC. 27. RESTRICTIONS ON DISCLOSING AND OBTAINING CONTRAC- 41 USC 423. TOR BID OR PROPOSAL INFORMATION OR SOURCE SELEC- TION INFORMATION. "(a) PROHIBITION ON DISCLOSING PROCUREMENT INFORMA- TION.— (1) A person described in paragraph (2) shall not, other than as provided by law, knowingly disclose contractor bid or proposal information or source selection information before the award of a Federal agency procurement contract to which the information relates. "(2) Paragraph (1) applies to any person who— "(A) is a present or former official of the United States, or a person who is acting or has acted for or on behalf of, or who is advising or has advised the United States with respect to, a Federal agency procurement; and "(B) by virtue of that office, employment, or relationship has or had access to contractor bid or proposal information or source selection information.
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