US CODE COLLECTION
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US CODE COLLECTION
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REFERENCES IN TEXT
The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (b), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.
Level IV of the Executive Schedule, referred to in subsec. (e), is set out in section 5315 of Title 5. For the effective date of this paragraph, referred to in subsec. (f)(5)(A)(ii), as 180 days after Oct. 5, 1999, see section 802(i) of Pub. L. 106-65, set out as an Effective Date of 1999 Amendment; Regulations; Implementation; Construction note below.
The Contract Disputes Act, referred to in subsec. (h)(2), probably means the Contract Disputes Act of 1978, Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is classified principally to chapter 9 (Sec. 601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Tables. Section 2168 of title 50, Appendix, referred to in subsec. (j)(1), was repealed by Pub. L. 100-679, Sec. 5(b), Nov. 17, 1988, 102 Stat. 4063.
The Inspector General Act of 1978, referred to in subsec. (k), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees
CODIFICATION
Subsec. (i) of this section, which required the Board to submit an annual report to Congress on the activities and operations of the Board under this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 42 of House Document No. 103-7
AMENDMENTS
Subsec. (f)(2)(B)(iii). Pub. L. 104-106, Sec. 4205(2), struck out cl. (iii) which read as follows: ''Any other firm fixed-price contract or subcontract (without cost incentives) for commercial items.''
Subsec. (f)(3). Pub. L. 104-106, Sec. 4321(h)(4), substituted ''The Administrator'' for ''Not later than 180 days after November 17, 1988, the Administrator''. 1994 - Subsec. (f)(2). Pub. L. 103-355, Sec. 8301(d), designated existing provisions as subpar. (A), substituted a period for '', other than contracts or subcontracts where the price negotiated is based on
established catalog or market prices of commercial items sold in substantial quantities to the general public, or
prices set by law or regulation'', and added subpars. (B) and (C).
Subsec. (f)(3). Pub. L. 103-355, Sec. 2453, which directed substitution of ''The Administrator'' for ''Not later than 180 days after the date of the enactment of this section, the Administrator'', could not be executed because those words did not appear in the original
EFFECTIVE DATE OF 1999 AMENDMENT; REGULATIONS; IMPLEMENTATION; CONSTRUCTION
Pub. L. 106-65, div. A, title VIII, Sec. 802(c)-(e), (g)-(i), Oct. 5, 1999, 113 Stat. 701, 702, provided that: ''(c) Regulation on Types of CAS Coverage. - (1) The Administrator for Federal Procurement Policy shall revise the rules and procedures prescribed pursuant to section 26(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)) to the extent necessary to increase the thresholds established in section 9903.201-2 of title 48 of the Code of Federal Regulations from $25,000,000 to $50,000,000. ''(2) Paragraph (1) requires only a change of the statement of a threshold condition in the regulation referred to by section number in that paragraph, and shall not be construed as -
''(A) a ratification or expression of approval of - ''(i) any aspect of the regulation; or ''(ii) the manner in which section 26 of the Office of Federal Procurement Policy Act is administered through the regulation; or ''(B) a requirement to apply the regulation. ''(d) Implementation. - The Administrator for Federal Procurement Policy shall ensure that this section and the amendments made by this section (amending this section) are implemented in a manner that ensures that the Federal Government can recover costs, as appropriate, in a case in which noncompliance with cost accounting standards, or a change in the cost accounting system of a contractor segment or subcontractor segment that is not determined to be desirable by the Federal Government, results in a shift of costs from contracts that are not covered by the cost accounting standards to contracts that are covered by the cost accounting standards. ''(e) Implementation of Requirements for Revision of Regulations. - (1) Final regulations required by subsection (c) shall be issued not later than 180 days after the date of the enactment of this Act (Oct. 5, 1999). ''(2) Subsection (c) shall cease to be effective one year after the date on which final regulations issued in accordance with that subsection take effect. ''(g) Inapplicability of Standards to Certain Contracts. - The cost accounting standards issued pursuant to section 26(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)), as amended by this section, shall not apply during fiscal year 2000 with respect to a contract entered into under the authority provided in chapter 89 of title 5, United States Code (relating to health benefits for Federal employees). ''(h) Construction Regarding Certain Not-For-Profit Entities. - The amendments made by subsections (a) and (b) (amending this section) shall not be construed as modifying or superseding, nor as intended to impair or restrict, the applicability of the cost accounting standards described in section 26(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)) to - ''(1) any educational institution or federally funded research and development center that is associated with an educational institution in accordance with Office of Management and Budget Circular A-21, as in effect on January 1, 1999; or ''(2) any contract with a nonprofit entity that provides research and development and related products or services to the Department of Defense. ''(i) Effective Date. - The amendments made by subsections (a) and (b) (amending this section) shall take effect 180 days after the date of enactment of this Act (Oct. 5, 1999), and shall apply with respect to - ''(1) contracts that are entered into on or after such effective date; and ''(2) determinations made on or after such effective date regarding whether a segment of a contractor or subcontractor is subject to the cost accounting standards under section 26(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)), regardless of whether the contracts on which such determinations are made were entered into before, on, or after such date.'
EFFECTIVE DATE OF 1996 AMENDMENT
For effective date and applicability of amendment by Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 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
REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES
References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5
SECTION REFERRED TO IN OTHER SECTIONS
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