PUBLIC LAW 105-261—OCT. 17, 1998 112 STAT. 2083 SEC. 804. MODIFICATION OF SENIOR EXECUTIVES COVERED BY LIMITATION ON ALLOWABILITY OF COMPENSATION FOR CERTAIN CONTRACTOR PERSONNEL (a) ARMED SERVICES ACQUISITIONS.—Section 2324(1)(5) of title 10, United States Code, is amended to read as follows: "(5) 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.". (b) CIVILIAN AGENCY ACQUISITIONS.— Section 306(m)(2) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 256(m)(2)) is amended to read as follows: "(2) 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.". (c) CONFORMING AMENDMENTS.—(1) Section 39(c)(2) of the Office of Federal Procurement Policy Act (41 U.S.C. 435(c)(2)) is amended to read as follows: "(2) 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.". (2) Section 808(g)(2) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1838) 41 USC 435 note. is amended by striking out "senior executive" and inserting in lieu thereof "senior executives". (d) EFFECTIVE DATE.— The amendments made by this section Applicability, shall apply with respect to costs of compensation of senior executives ^^^^^^ ^^^^ incurred after January 1, 1999, under covered contracts (as defined 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)) entered into before, on, or after the date of the enactment of this Act. SEC. 805. SEPARATE DETERMINATIONS OF EXCEPTIONAL WAIVERS OF TRUTH IN NEGOTIATION REQUIREMENTS FOR PRIME CONTRACTS AND SUBCONTRACTS. (a) ARMED SERVICES ACQUISITIONS.— Section 2306a(a)(5) of title 10, United States Code, is amended to read as follows: "(5) A waiver of requirements for submission of certified cost or pricing data that is granted under subsection (b)(1)(C) in the case of a contract or subcontract does not waive the requirement under paragraph (1)(C) for submission of cost or pricing data in the case of subcontracts under that contract or subcontract unless the head of the procuring activity granting the waiver determines that the requirement under that paragraph should be waived in the case of such subcontracts and justifies in writing the reasons for the determination.". (b) CIVILIAN AGENCY ACQUISITIONS.— Section 304A(a)(5) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254b(a)(5)) is amended to read as follows: "(5) A waiver of requirements for submission of certified cost or pricing data that is granted under subsection (b)(1)(C) in the case of a contract or subcontract does not waive the requirement under paragraph (1)(C) for submission of cost or pricing data in the case of subcontracts under that contract or subcontract unless note.
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