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TITLE 41 > CHAPTER 4 > SUBCHAPTER IV > Sec. 256.

Notes on Sec. 256.

SOURCE
June 30, 1949, ch. 288, title III, Sec. 306, as added Pub. L. 100-700, Sec. 8(a)(1), Nov. 19, 1988, 102 Stat. 4634
amended Pub. L. 103-355, title II, Sec. 2151, Oct. 13, 1994, 108 Stat. 3309
Pub. L. 105-85, div. A, title VIII, Sec. 808(b), Nov. 18, 1997, 111 Stat. 1836
Pub. L. 105-261, div. A, title VIII, Sec. 804(b), Oct. 17, 1998, 112 Stat. 2083.

PRIOR PROVISIONS

A prior section 256, act June 30, 1949, ch. 288, title III, Sec. 306, 63 Stat. 396, related to waiver of liquidated damages, prior to repeal by act Sept. 5, 1950, ch. 849, Sec. 10(b), 64 Stat. 591, eff. July 1, 1949. See section 256a of this title

AMENDMENTS

1998 - Subsec. (m)(2). Pub. L. 105-261 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ''The term 'senior executive', with respect to a contractor, means - ''(A) the chief executive officer of the contractor or any individual acting in a similar capacity for the contractor; ''(B) the four most highly compensated employees in management positions of the contractor other than the chief executive officer; and ''(C) in the case of a contractor that has components which report directly to the contractor's headquarters, the five most highly compensated individuals in management positions at each such component.'' 1997 - Subsec. (e)(1)(P). Pub. L. 105-85, Sec. 808(b)(1), added subpar. (P). Subsec. (m). Pub. L. 105-85, Sec. 808(b)(2), added subsec. (m). 1994 - Pub. L. 103-355 amended section generally, substituting present provisions for provisions outlining limitations on allowability of costs incurred by contractors in criminal, civil, or administrative proceedings relating to violations of Federal or State statutes or regulations, which resulted in dispositions against contractors based on such violations.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-261 applicable with respect to costs of compensation of senior executives incurred after Jan. 1, 1999, under covered contracts entered into before, on, or after Oct. 17, 1998, see section 804(d) of Pub. L. 105-261, set out as a note under section 2324 of Title 10, Armed Forces

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective on date that is 90 days after Nov. 18, 1997, and applicable with respect to costs of compensation incurred after Jan. 1, 1998, under covered contracts entered into before, on, or after Nov. 18, 1997, see section 808(e) of Pub. L. 105-85, set out as an Effective Date note under section 435 of this title

EFFECTIVE DATE OF 1994 AMENDMENT

For effective date and applicability of amendment by Pub. L. 103-355, see section 10001 of Pub. l. 103-355, set out as a note under section 251 of this title

EFFECTIVE DATE

Section effective with respect to contracts awarded after Nov. 19, 1988, see section 8(e) of Pub. L. 100-700, set out as an Effective and Termination Dates of 1988 Amendment note under section 2324 of Title 10, Armed Forces

REVISION OF COST PRINCIPLE RELATING TO ENTERTAINMENT, GIFT, AND RECREATION COSTS FOR CONTRACTOR EMPLOYEES

Section 2192 of Pub. L. 103-355 provided that: ''(a) Costs Not Allowable. - (1) The costs of gifts or recreation for employees of a contractor or members of their families that are provided by the contractor to improve employee morale or performance or for any other purpose are not allowable under a covered contract unless, within 120 days after the date of the enactment of this Act (Oct. 13, 1994), the Federal Acquisition Regulatory Council prescribes amendments to the Federal Acquisition Regulation specifying circumstances under which such costs are allowable under a covered contract. ''(2) Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the cost principle in the Federal Acquisition Regulation that is set out in section 31.205-14 of title 48, Code of Federal Regulations, relating to unallowability of entertainment costs - ''(A) by inserting in the cost principle a statement that costs made specifically unallowable under that cost principle are not allowable under any other cost principle; and ''(B) by striking out '(but see 31.205-1 and 31.205-13)'. ''(b) Definitions. - In this section: ''(1) The term 'employee' includes officers and directors of a contractor. ''(2) The term 'covered contract' has the meaning given such term in section 2324(l) of title 10, United States Code (as amended by section 2101(c)), and section 306(l) of the Federal Property and Administrative Services Act of 1949 (as added by section 2151) (41 U.S.C. 256(l)). ''(c) Effective Date. - Any amendments to the Federal Acquisition Regulation made pursuant to subsection (a) shall apply with respect to costs incurred after the date on which the amendments made by section 2101 apply (as provided in section 10001) (set out as an Effective Date of 1994 Amendment note under section 251 of this title)) or the date on which the amendments made by section 2151 apply (as provided in section 10001), whichever is later.''

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 435 of this title.

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