10 U.S. Code § 2324 - Allowable costs under defense contracts
Subsection (e)(1)(L) is based on section 2399 of this title as enacted by Pub. L. 97–295, § 1(29)(A), Oct. 12, 1982, 96 Stat. 1293.
Section 1(f)(2) of the bill would transfer the provisions of existing 10 U.S.C. 2399 to a new subparagraph (L) of 10 U.S.C. 2324(e)(1). The existing section 2399 prohibits the use of appropriated funds to reimburse a defense contractor for insurance against the contractor’s costs of correcting defects in the contractor’s materials or workmanship. The transfer would add the provision to the list of contractor costs which are not allowable as expenses which may be paid by the Department of Defense under a contract. This allowable cost limitation applies only to contracts for more than $100,000 other than fixed price contracts without cost incentives (see 10 U.S.C. 2324(k)). The committee determined that it is appropriate to treat the subject matter of section 2399 in the same manner as other provisions relating to allowable costs of defense contractors and notes that section 2324, providing a more comprehensive treatment of allowable costs, was enacted after section 2399. The committee recognizes that contracts for amounts less than $100,000 and fixed price contracts without cost incentives are covered by the existing section 2399 and would not be covered by the provision as transferred. The committee determined that in practice the existing section 2399 would not have significant applicability to such contracts and that the transfer is appropriate as part of this bill.
Subsection (j) is based on Pub. L. 99–145, title IX, § 933, Nov. 8, 1985, 99 Stat. 700.
Section 4 of the Buy American Act (as added by section 7002(2) of the Omnibus Trade and Competitiveness Act of 1988), referred to in subsec. (e)(2)(C), was section 4 of act Mar. 3, 1933, ch. 212, title III, as added Pub. L. 100–418, title VII, § 7002(2), Aug. 23, 1988, 102 Stat. 1545. Section 4, which was classified to section 10b–1 of former Title 41, Public Contracts, was omitted from the Code in view of section 7004 of Pub. L. 100–418 which provided that the amendment by Pub. L. 100–418 which enacted section 4 ceased to be effective on Apr. 30, 1996. Section 4 was subsequently repealed by Pub. L. 111–350, § 7(b), Jan. 4, 2011, 124 Stat. 3855, which Act enacted Title 41, Public Contracts.
Another section 2324 of this title was contained in chapter 138 and was renumbered section 2344 of this title.
2018—Subsec. (l)(1)(A). Pub. L. 115–232 substituted “commercial products or commercial services” for “commercial items”.
2017—Subsec. (l)(1)(B). Pub. L. 115–91 substituted “in accordance with section 1908 of title 41.” for “to the equivalent amount in constant fiscal year 1994 dollars. An amount, as so adjusted, that is not evenly divisible by $50,000 shall be rounded to the nearest multiple of $50,000. In the case of an amount that is evenly divisible by $25,000 but is not evenly divisible by $50,000, the amount shall be rounded to the next higher multiple of $50,000.”
2016—Subsec. (k). Pub. L. 114–261, § 1(b)(1)(A), (B), inserted “or subcontractor, or personal services contractor” after “contractor” and “, subcontract, or personal services contract” after “contract” wherever appearing.
Subsec. (k)(1). Pub. L. 114–261, § 1(b)(1)(C), in subpar. (A), inserted “or to any other activity described in subparagraphs (A) through (C) of section 2409(a)(1) of this title” after “statute or regulation”.
2014—Subsec. (e)(1)(Q). Pub. L. 113–291 added subpar. (Q).
2013—Subsec. (e)(1)(P). Pub. L. 113–66 and Pub. L. 113–67 amended subpar. (P) generally. Prior to amendment, subpar. (P) read as follows: “Costs of compensation of any contractor employee for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the benchmark compensation amount determined applicable for the fiscal year by the Administrator for Federal Procurement Policy under section 1127 of title 41, except that the Secretary of Defense may establish one or more narrowly targeted exceptions for scientists and engineers upon a determination that such exceptions are needed to ensure that the Department of Defense has continued access to needed skills and capabilities.” See Effective Date of 2013 Amendment notes below.
Subsec. (k)(1). Pub. L. 112–239, § 827(g)(1), substituted “commenced by the United States, by a State, or by a contractor employee submitting a complaint under section 2409 of this title” for “commenced by the United States or a State”.
Subsec. (k)(2)(C). Pub. L. 112–239, § 827(g)(2), substituted “the imposition of a monetary penalty or an order to take corrective action under section 2409 of this title” for “the imposition of a monetary penalty”.
2011—Subsec. (d)(1). Pub. L. 111–350, § 5(b)(19)(A), substituted “section 7103 of title 41” for “section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605)”.
Subsec. (d)(2). Pub. L. 111–350, § 5(b)(19)(B), substituted “section 7104(a) of title 41” for “section 7 of such Act (41 U.S.C. 606)”.
Subsec. (e)(1)(P). Pub. L. 112–81, § 803(a), substituted “any contractor employee” for “senior executives of contractors” and inserted“, except that the Secretary of Defense may establish one or more narrowly targeted exceptions for scientists and engineers upon a determination that such exceptions are needed to ensure that the Department of Defense has continued access to needed skills and capabilities” before period at end.
Pub. L. 111–350, § 5(b)(19)(C), substituted “section 1127 of title 41” for “section 39 of the Office of Federal Procurement Policy Act (41 U.S.C. 435)”.
Subsec. (e)(2)(C). Pub. L. 111–350, § 5(b)(19)(D), substituted “(as added by section 7002(2) of the Omnibus Trade and Competitiveness Act of 1988)” for “(41 U.S.C. 10b–1)”.
Subsec. (l)(5). Pub. L. 112–81, § 803(b), struck out par. (5) which read as follows: “The term ‘senior executives’, with respect to a contractor, means the five most highly compensated employees in management positions at each home office and each segment of the contractor.”
1998—Subsec. (l)(5). Pub. L. 105–261 amended par. (5) generally. Prior to amendment, par. (5) 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 employees in management positions at each such component.”
1997—Subsec. (e)(1)(P). Pub. L. 105–85, § 808(a)(1), added subpar. (P).
Subsec. (l)(4) to (6). Pub. L. 105–85, § 808(a)(2), added pars. (4) to (6).
1996—Subsec. (e)(2)(C). Pub. L. 104–106, § 4321(b)(9)(A), struck out “awarding the contract” after “Secretary of Defense” and substituted “the Buy American Act (41 U.S.C. 10b–1)” for “title III of the Act of March 3, 1933 (41 U.S.C. 10b–1) (commonly referred to as the Buy American Act)”.
Subsec. (f)(2) to (4). Pub. L. 104–106, § 4321(a)(5), made technical correction to directory language of Pub. L. 103–355, § 2101(a)(6)(B)(ii). See 1994 Amendment notes below.
Subsec. (h)(2). Pub. L. 104–106, § 4321(b)(9)(B), inserted “the head of the agency or” after “in the case of any contract if”.
1994—Subsec. (a). Pub. L. 103–355, § 2101(a), inserted heading and substituted “head of an agency” for “Secretary of Defense”, “agency” for “Department of Defense”, and “applicable agency supplement” for “the Department of Defense Supplement”.
Subsec. (b). Pub. L. 103–355, § 2101(a)(2)(A), inserted heading.
Subsec. (b)(1). Pub. L. 103–355, § 2101(a)(2)(C), substituted “head of the agency” for “Secretary” in two places in introductory provisions.
Subsec. (b)(1)(B). Pub. L. 103–355, § 2101(a)(2)(B), substituted “provisions in the Federal Acquisition Regulation” for “regulations issued by the Secretary”.
Subsec. (b)(2). Pub. L. 103–355, § 2101(a)(2)(C), substituted “head of the agency” for “Secretary” in two places.
Subsec. (c). Pub. L. 103–355, § 2101(a)(3), inserted heading and substituted “The Federal Acquisition Regulation shall provide” for “The Secretary shall prescribe regulations providing”.
Subsec. (d). Pub. L. 103–355, § 2101(a)(4), inserted heading and substituted “the head of an agency” for “the Secretary” in introductory provisions.
Subsec. (e). Pub. L. 103–355, § 2101(a)(5)(A), inserted heading.
Subsec. (e)(1)(B). Pub. L. 103–355, § 2101(b), substituted “, a State legislature, or a legislative body of a political subdivision of a State” for “or a State legislature”.
Subsec. (e)(1)(D). Pub. L. 103–355, § 2101(a)(5)(B), substituted “provisions of the Federal Acquisition Regulation” for “regulations of the Secretary of Defense”.
Subsec. (e)(1)(M). Pub. L. 103–355, § 2101(a)(5)(C), substituted “the Federal Acquisition Regulation” for “regulations prescribed by the Secretary of Defense”.
Subsec. (e)(2)(A). Pub. L. 103–355, § 2101(a)(5)(D), substituted “the Secretary of Defense may provide” for “the Secretary may provide”.
Subsec. (e)(2)(C). Pub. L. 103–355, § 2101(a)(5)(E), substituted “Secretary of Defense” for “head of the agency”.
Subsec. (e)(3)(A). Pub. L. 103–355, § 2101(a)(5)(F), substituted “the Federal Acquisition Regulation” for “regulations prescribed by the Secretary”.
Subsec. (e)(4). Pub. L. 103–355, § 2101(a)(5)(G), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The Secretary shall prescribe regulations to implement this section. Such regulations may establish appropriate definitions, exclusions, limitations, and qualifications.”
Subsec. (f)(1). Pub. L. 103–355, § 2101(a)(6)(A), inserted heading and substituted “(1) The Federal Acquisition Regulation shall contain provisions on the allowability of contractor costs. Such provisions” for “(1) The Secretary shall prescribe proposed regulations to amend those provisions of the Department of Defense Supplement to the Federal Acquisition Regulation dealing with the allowability of contractor costs. The amendments” and “The regulations” for “These regulations”.
Subsec. (f)(1)(Q). Pub. L. 103–355, § 2101(c), added subpar. (Q).
Subsec. (f)(2). Pub. L. 103–355, § 2101(a)(6)(B)(ii), as amended by Pub. L. 104–106, § 4321(a)(5), substituted “Federal Acquisition Regulation” for “regulations”.
Subsec. (f)(2)(B). Pub. L. 103–355, § 2101(a)(6)(B)(i), struck out “defense” before “contract auditor”.
Subsec. (f)(3). Pub. L. 103–355, § 2101(a)(6)(B)(ii), as amended by Pub. L. 104–106, § 4321(a)(5), substituted “Federal Acquisition Regulation” for “regulations”.
Pub. L. 103–355, § 2101(a)(6)(B)(i), struck out “defense” before “contract auditor”.
Subsec. (f)(4). Pub. L. 103–355, § 2101(a)(6)(B)(ii), as amended by Pub. L. 104–106, § 4321(a)(5), substituted “Federal Acquisition Regulation” for “regulations”.
Pub. L. 103–355, § 2101(a)(6)(B)(i), struck out “defense” before “contract auditor”.
Subsec. (g). Pub. L. 103–355, § 2101(a)(7), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “The regulations of the Secretary required to be prescribed under subsections (e) and (f)(1) shall require, to the maximum extent practicable, that such regulations apply to all subcontractors of a covered contract.”
Subsec. (h). Pub. L. 103–355, § 2101(a)(8), inserted heading and substituted “in the Federal Acquisition Regulation” for “by the Secretary” in par. (1) and “head of the agency” for “Secretary of Defense” in introductory provisions of par. (2).
Subsec. (i). Pub. L. 103–355, § 2101(a)(9), inserted heading and substituted “The submission to an agency” for “The submission to the Department of Defense”.
Subsec. (j). Pub. L. 103–355, § 2101(a)(10), inserted heading and substituted “United States Court of Federal Claims” for “United States Claims Court”.
Subsec. (k). Pub. L. 103–355, § 2101(a)(11)(A), inserted heading.
Subsec. (k)(2)(D). Pub. L. 103–355, § 2101(a)(11)(B), struck out “by the Department of Defense” after “decision” in introductory provisions.
Subsec. (k)(4). Pub. L. 103–355, § 2101(a)(11)(C), inserted “or Secretary of the military department concerned” after “head of the agency”, “or Secretary” after “agency head”, and “or military department” before period at end and substituted “in accordance with the Federal Acquisition Regulation” for “under regulations prescribed by such agency head”.
Subsec. (l). Pub. L. 103–355, § 2101(d), added subsec. (l) and struck out former subsec. (l) which related to periodic evaluation by Comptroller General of implementation of this section by Secretary of Defense.
Subsec. (m). Pub. L. 103–355, § 2101(d), struck out subsec. (m) which read as follows: “In this section, the term ‘covered contract’ means a contract for an amount more than $100,000 entered into by the Department of Defense other than a fixed-price contract without cost incentives.”
1992—Subsec. (a). Pub. L. 102–484, § 818(a)(1)(A), redesignated subsec. (a)(1) as entire subsection. Former subsec. (a)(2) redesignated subsec. (b)(1).
Subsec. (b)(1). Pub. L. 102–484, § 818(a)(1)(B), redesignated subsec. (a)(2) as subsec. (b)(1), in introductory provisions struck out “by clear and convincing evidence” after “Secretary determines” and substituted “expressly unallowable under a cost principle referred to in subsection (a) that defines the allowability of specific selected costs” for “unallowable under paragraph (1)”, and in subpar. (A), substituted “cost allocated to covered contracts for which a proposal for settlement of indirect costs has been submitted” for “costs”. Former subsec. (b) redesignated subsec. (b)(2).
Subsec. (b)(2). Pub. L. 102–484, § 818(a)(2), redesignated subsec. (b) as subsec. (b)(2), struck out “, in addition to the penalty assessed under subsection (a),” after “against the contractor”, and substituted “the amount of the disallowed cost allocated to covered contracts for which a proposal for settlement of indirect costs has been submitted” for “the amount of such cost”.
Subsec. (c). Pub. L. 102–484, § 818(a)(5), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 102–484, § 818(a)(3), (4), redesignated subsec. (c) as (d) and struck out former subsec. (d) which read as follows: “If any penalty is assessed under subsection (a) or (b) with respect to a proposal for settlement of indirect costs, the Secretary may assess an additional penalty of not more than $10,000 per proposal.”
Subsec. (e)(3), (4). Pub. L. 102–484, § 1352(b), added par. (3) and redesignated former par. (3) as (4).
Subsec. (f)(5). Pub. L. 102–484, § 1052(26)(A), struck out par. (5) which read as follows: “The regulations shall provide that costs to promote the export of products of the United States defense industry, including costs of exhibiting or demonstrating products, shall be allowable to the extent that such costs—
“(A) are allocable, reasonable, and not otherwise unallowable;
“(B) with respect to the activities of the business segment to which such costs are being allocated, are determined by the Secretary of Defense to be likely to result in future cost advantages to the United States; and
“(C) with respect to a business segment which allocates to Department of Defense contracts $2,500,000 or more of such costs in any fiscal year of such business segment, are not in excess of the amount equal to 110 percent of such costs incurred by such business segment in the previous fiscal year.”
Subsec. (l)(2). Pub. L. 102–484, § 1052(26)(B)(i), substituted “paragraph (3)” for “subsection (e)(2)(C)”.
Subsec. (l)(3). Pub. L. 102–484, § 1052(26)(B)(ii), added par. (3).
1991—Subsec. (e)(2), (3). Pub. L. 102–190 added par. (2) and redesignated former par. (2) as (3).
1990—Subsec. (e)(2). Pub. L. 101–510 struck out “(A)” before “The Secretary” and struck out subpars. (B) and (C) which read as follows:
“(B) The Secretary shall submit to the committees named in subparagraph (C) any proposed regulations that would make substantive changes to regulations prescribed under the second sentence of subparagraph (A) before the publication of such proposed regulations in accordance with section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b).
“(C) The committees named in this subparagraph are—
“(i) the Committees on Armed Services and on Government Operations of the House of Representatives; and
“(ii) the Committees on Armed Services and on Governmental Affairs of the Senate.”
1989—Subsec. (e)(1)(N), (O). Pub. L. 101–189, § 311(a)(1), added subpar. (N) and redesignated former subpar. (N) as (O).
Subsec. (k)(5)(B)(i). Pub. L. 101–189, § 853(b)(3), substituted “the Federal Acquisition Regulation” for “the single Government-wide procurement regulation issued pursuant to section 4(4)(A) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(4)(A))”.
Subsec. (k)(6). Pub. L. 101–189, § 853(a)(1)(A), designated par. (2) of subsec. (l), set out first, as subsec. (k)(6) and substituted “In this subsection:” for “In subsection (k):” in introductory provisions.
Subsec. (l). Pub. L. 101–189, § 853(a)(1)(A), (C), restored the text of subsec. (k) as in effect prior to being struck out by Pub. L. 100–700, § 8(b)(2) (see 1988 Amendment note below), designated such text as subsec. (l), and struck out former subsec. (l)(1), set out first, which defined “covered contract”. Former subsec. (l)(2), set out first, was redesignated subsec. (k)(6). Former subsec. (l), set out second, was redesignated (m).
Subsec. (m). Pub. L. 101–189, § 853(a)(1)(B), redesignated subsec. (l), set out second, as (m).
1988—Subsec. (e)(1)(L). Pub. L. 100–370, § 1(f)(2)(A), added subpar. (L).
Subsec. (e)(1)(M). Pub. L. 100–456, § 322(a), added subpar. (M).
Subsec. (e)(1)(N). Pub. L. 100–700, § 8(b)(1)(A), which directed amendment of subsec. (e) by striking out subpar. (N) and inserting in lieu thereof a new subpar. (N), was executed to subsec. (e)(1)(N) of this section as the probable intent of Congress. Former subpar. (N) read as follows: “Except as provided in paragraph (2), costs incurred in connection with any civil, criminal, or administrative action brought by the United States that results in a determination that a contractor has violated or failed to comply with any Federal law or regulation if the action results in any of the following:
“(i) In the case of a criminal action, a conviction (including a conviction pursuant to a plea of nolo contendere).
“(ii) In the case of a civil or administrative action, (I) a determination by the Secretary of Defense that the violation or failure to comply was knowing or willful, and (II) the imposition of a monetary penalty.
“(iii) A final decision by an appropriate official of the Department of Defense to debar or suspend the contractor or to rescind, void, or terminate a contract awarded to such contractor if such decision is based on a determination by the Secretary of Defense that the violation or failure to comply was knowing or willful.”
Pub. L. 100–456, § 832(a)(1), added subpar. (N).
Subsec. (e)(2), (3). Pub. L. 100–700, § 8(b)(1)(B), (C), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “If a civil, criminal, or administrative action referred to in paragraph (1)(N) is resolved by consent or compromise pursuant to an agreement entered into by a contractor and the United States, the contractor’s costs that are otherwise not allowable under paragraph (1)(N) may be allowed to the extent provided in such agreement.”
Pub. L. 100–456, § 832(a)(2), (3), added par. (2) and redesignated former par. (2) as (3).
Subsec. (f)(5). Pub. L. 100–463, § 8105(a), and Pub. L. 100–456, § 826(a), amended section identically, temporarily adding par. (5). Pub. L. 100–526 provided that Pub. L. 100–463, § 8105, and amendment made by that section shall cease to be effective. See Effective and Termination Dates of 1988 Amendment note below.
Subsec. (j). Pub. L. 100–370, § 1(f)(3)(A)(ii), added subsec. (j). Former subsec. (j) redesignated (k).
Subsec. (k). Pub. L. 100–700, § 8(b)(2), added subsec. (k), and struck out former subsec. (k), the text of which was restored and redesignated subsec. (l) by Pub. L. 101–189, § 853(a)(1)(C). See 1989 Amendment note above.
Pub. L. 100–370, § 1(f)(3)(A)(i), redesignated subsec. (j) as (k). Former subsec. (k) redesignated (l).
Subsec. (l). Pub. L. 100–700, § 8(b)(2), added subsec. (l) defining terms “covered contract”, “proceeding”, “costs”, and “penalty”.
Pub. L. 100–370, § 1(f)(3)(A)(i), redesignated subsec. (k) as (l).
1987—Subsec. (e)(1)(K). Pub. L. 100–180 added subpar. (K).
Subsec. (k). Pub. L. 100–26 inserted “the term” after “In this section,”.
1985—Subsec. (e)(2). Pub. L. 99–190, § 101(b) [§ 8112(a)(1)], designated existing provisions as subpar. (A) and added subpars. (B) and (C).
Subsec. (h)(2). Pub. L. 99–190, § 101(b) [§ 8112(a)(2)], inserted “, in an exceptional case,” in provisions preceding subpar. (A).
Subsecs. (j), (k). Pub. L. 99–190, § 101(b) [§ 8112(a)(3)], added subsec. (j) and redesignated former subsec. (j) as (k).
Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
Pub. L. 113–67, div. A, title VII, § 702(c), Dec. 26, 2013, 127 Stat. 1189, provided that:
Pub. L. 113–66, div. A, title VIII, § 811(d), Dec. 26, 2013, 127 Stat. 806, provided that:
Pub. L. 112–239, div. A, title VIII, § 827(i), Jan. 2, 2013, 126 Stat. 1836, provided that:
Pub. L. 112–81, div. A, title VIII, § 803(c), Dec. 31, 2011, 125 Stat. 1485, as amended by Pub. L. 114–328, div. A, title VIII, § 823(a), Dec. 23, 2016, 130 Stat. 2276, provided that:
[Pub. L. 114–328, div. A, title VIII, § 823(b), Dec. 23, 2016, 130 Stat. 2277, provided that:
Pub. L. 105–261, div. A, title VIII, § 804(d), Oct. 17, 1998, 112 Stat. 2083, provided that:
Pub. L. 105–85, div. A, title VIII, § 808(e), Nov. 18, 1997, 111 Stat. 1838, provided that:
Pub. L. 104–106, div. D, title XLIII, § 4321(a), Feb. 10, 1996, 110 Stat. 671, provided that the amendment made by that section is effective as of Oct. 13, 1994, and as if included in Pub. L. 103–355 as enacted.
For effective date and applicability of amendment by section 4321(b)(9) of Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 2302 of this title.
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 2302 of this title.
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Pub. L. 102–484, div. A, title VIII, § 818(b), Oct. 23, 1992, 106 Stat. 2458, provided that:
Pub. L. 102–484, div. A, title XIII, § 1352(c), Oct. 23, 1992, 106 Stat. 2559, provided that:
Pub. L. 102–190, div. A, title III, § 346(b), Dec. 5, 1991, 105 Stat. 1347, provided that:
Pub. L. 101–189, div. A, title III, § 311(a)(2), Nov. 29, 1989, 103 Stat. 1411, provided that:
Pub. L. 101–189, div. A, title III, § 853(a)(3), Nov. 29, 1989, 103 Stat. 1518, provided that:
Pub. L. 100–700, § 8(e), Nov. 19, 1988, 102 Stat. 4638, provided that:
Pub. L. 100–463, title VIII, § 8105(d), Oct. 1, 1988, 102 Stat. 2270–37, provided that subsec. (f)(5) of this section, as enacted by section 8105(a) of Pub. L. 100–463, would cease to be effective three years after Oct. 1, 1988. Section 106(a)(2) of Pub. L. 100–526 provided that section 8105 of Pub. L. 100–463 “and the amendment made by that section shall cease to be effective”.
Pub. L. 100–456, div. A, title III, § 322(b), Sept. 29, 1988, 102 Stat. 1953, provided that:
Pub. L. 100–456, div. A, title VIII, § 826(d), Sept. 29, 1988, 102 Stat. 2023, as amended by Pub. L. 100–526, title I, § 106(a)(1)(B), Oct. 24, 1988, 102 Stat. 2625, provided that:
Pub. L. 100–180, div. A, title VIII, § 805(b), Dec. 4, 1987, 101 Stat. 1126, provided that:
Pub. L. 99–145, title IX, § 911(c), Nov. 8, 1985, 99 Stat. 685, provided that:
Pub. L. 103–355, title II, § 2101(e), Oct. 13, 1994, 108 Stat. 3309, provided that:
Pub. L. 100–700, § 8(d), Nov. 19, 1988, 102 Stat. 4638, provided that:
Pub. L. 100–463, title VIII, § 8105(b), (c), Oct. 1, 1988, 102 Stat. 2270–37, provided for the promulgation of regulations and the preparation of a report in connection with the operation of subsec. (f)(5), as enacted by section 8105(a) of Pub. L. 100–463. Section 106(a)(2) of Pub. L. 100–526 provided that section 8105 of Pub. L. 100–463 “and the amendment made by that section shall cease to be effective”.
Pub. L. 100–456, div. A, title VIII, § 826(b), Sept. 29, 1988, 102 Stat. 2022, provided that:
Pub. L. 100–456, div. A, title VIII, § 832(b), Sept. 29, 1988, 102 Stat. 2024, related to regulations for the implementation of subsec. (e)(1)(N) of this section, prior to repeal by Pub. L. 100–700, § 8(c), Nov. 19, 1988, 102 Stat. 4638.
Pub. L. 99–190, 101(b) [title VIII, § 8112(b), (c)], Dec. 19, 1985, 99 Stat. 1185, 1223, required the regulations required under section 911(b) of Pub. L. 99–145, set out below, to be submitted to Congress before the publication of such regulations in accordance with former 41 U.S.C. 418b (now 41 U.S.C. 1707) and directed the Comptroller General, within 180 days of publication of the regulations, to submit to Congress a report on the Comptroller General’s initial evaluation under subsection (j)(1) of this section.
Pub. L. 99–145, title IX, § 911(b), Nov. 8, 1985, 99 Stat. 685, provided that:
Pub. L. 112–239, div. A, title VIII, § 827(h), Jan. 2, 2013, 126 Stat. 1836, provided that:
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Pub. L. 114–261, § 1(c), Dec. 14, 2016, 130 Stat. 1363, provided that:
Pub. L. 109–364, div. A, title VIII, § 852, Oct. 17, 2006, 120 Stat. 2340, as amended by Pub. L. 113–291, div. A, title X, § 1071(b)(3)(B), Dec. 19, 2014, 128 Stat. 3506; Pub. L. 115–232, div. A, title VIII, § 836(f)(5), Aug. 13, 2018, 132 Stat. 1871, provided that:
Pub. L. 103–337, div. A, title VIII, § 818, Oct. 5, 1994, 108 Stat. 2821, as amended by Pub. L. 105–85, div. A, title VIII, § 804(d), Nov. 18, 1997, 111 Stat. 1834, which related to regulations concerning allowability of restructuring costs associated with business combinations under defense contracts, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(20), Aug. 13, 2018, 132 Stat. 1848.
Pub. L. 103–160, div. A, title VIII, § 841, Nov. 30, 1993, 107 Stat. 1719, as amended by Pub. L. 105–244, title I, § 102(a)(2)(C), Oct. 7, 1998, 112 Stat. 1617, provided that:
Pub. L. 100–456, div. A, title VIII, § 826(c), Sept. 29, 1988, 102 Stat. 2022, as amended by Pub. L. 100–526, title I, § 106(a)(1)(A), Oct. 24, 1988, 102 Stat. 2625, directed Comptroller General of United States and Inspector General of Department of Defense, not later than 2 years after Sept. 29, 1988, to submit to Congress a report including an assessment of whether the regulations required by subsec. (f)(5) of this section provide the appropriate incentives to stimulate exports by the United States defense industry and provide cost savings to the United States and whether such regulations provide appropriate criteria to ensure that costs allowed are reasonably likely to provide future cost savings to the United States.
Pub. L. 100–456, div. A, title VIII, § 833, Sept. 29, 1988, 102 Stat. 2024, as amended by Pub. L. 101–189, div. A, title VIII, § 853(a)(2), Nov. 29, 1989, 103 Stat. 1518, directed the Administrator of General Services to enter into negotiations with commercial air carriers for agreements that would permit personnel of contractors who were traveling solely in the performance of covered contracts to be transported by such carriers at the same discount rates as such carriers charged for travel by Federal Government employees traveling at Government expense, directed the Secretary of Defense, not later than 120 days after the first such agreement would go into effect, to prescribe regulations that would provide that costs in excess of the rates established under the agreement were not allowable if the rate had been available and travel could have reasonably been performed under the conditions required by the air carrier to qualify for such rate, and provided that section 833 of Pub. L. 100–456 would cease to be effective three years after Sept. 29, 1988.
Pub. L. 99–145, title IX, § 933, Nov. 8, 1985, 99 Stat. 700, which provided that in proceeding before the Armed Services Board of Contract Appeals, United States Claims Court, or any other Federal court in which reasonableness of indirect costs for which a contractor seeks reimbursement from Department of Defense is in issue, the burden of proof is upon the contractor to establish that such costs are reasonable, was repealed and restated in subsec. (j) of this section by Pub. L. 100–370, § 1(f)(3)(A)(ii), (B), July 19, 1988, 102 Stat. 846.