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.''