Page:United States Statutes at Large Volume 111 Part 2.djvu/758

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Ill STAT. 1838 PUBLIC LAW 105-85—NOV. 18, 1997 "(C) in the case of a corporation that has components which report directly to the corporate headquarters, the five most highly compensated individuals in management positions at each such component. "(3) The term 'benchmark corporation', with respect to a fiscal year, means a publicly-owned United States corporation that has annual sales in excess of $50,000,000 for the fiscal year. "(4) The term 'publicly-owned United States corporation' means a corporation organized under the laws of a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a possession of the United States the voting stock of which is publicly traded. "(5) The term 'fiscal year' means a fiscal year established by a contractor for accounting purposes.". (2) The table of sections in section 1(b) of such Act is amended by adding at the end the following: "Sec. 39. Levels of compensation of certain contractor personnel not allowable as costs under certain contracts." 41 USC 435 note. (d) REGULATIONS.— Regulations implementing the amendments made by this section shall be published in the Federal Register not later than the effective date of the amendments under subsection (e). 41 USC 435 note. (e) EFFECTIVE DATE. —The amendments made by this section shall— (1) take effect on the date that is 90 days after the date of the enactment of this Act; and Applicability. (2) apply with respect to costs of compensation incurred after January 1, 1998, under covered contracts entered into before, on, or after the date of the enactment of this Act. 41 USC 435 note. (f) EXCLUSIVE APPLICABILITY. — Notwithstanding any other provision of law, no other limitation in law on the allowability of costs of compensation of senior executives under covered contracts shall apply to such costs of compensation incurred after January 1, 1998. 41 USC 435 note. (g) DEFINITIONS.— In this section: (1) The term "covered contract" has the meaning given such term in section 2324(1) of title 10, United States Code, and section 306(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 256(1)). (2) The terms "compensation" and "senior executive" have the meanings given such terms in section 2324(1) of title 10, United States Code, and section 306(m) of the Federal Property and Administrative Services Act of 1949. SEC. 809. ELIMINATION OF CERTIFICATION REQUIREMENT FOR GRANTS. Section 5153 of the Drug-Free Workplace Act of 1988 (Public Law 100-690; 102 Stat. 4306; 41 U.S.C. 702) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking out "has certified to the granting agency that it will" and inserting in lieu thereof "agrees to"; and (B) in paragraph (2), by striking out "certifies to the agency" and inserting in lieu thereof "agrees"; and (2) in subsection (b)(1)— (A) by striking out subparagraph (A);