[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)]
[Rules and Regulations]
[Pages 51843-51844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24419]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 31
[FAC 97-14; FAR Case 98-301; Item X]
RIN 9000-AI32
Federal Acquisition Regulation; Compensation for Senior
Executives
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
to implement Section 804 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Pub. L. 105-261). Section 804
revises the definition of ``senior executive'' at 10 U.S.C. 2324(l)(5)
and at 41 U.S.C. 256(m)(2).
EFFECTIVE DATE: September 24, 1999.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC, 20405, (202) 501-4755, for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Linda Nelson, Procurement Analyst, at (202) 501-
1900. Please cite FAC 97-14, FAR case 98-301.
SUPPLEMENTARY INFORMATION:
A. Background
The Councils published an interim rule in the Federal Register on
March 4, 1999 (64 FR 10547). The rule revised FAR 31.205-6(p) to
implement Section 804 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Pub. L. 105-261). Section 804
revises the definition of ``senior executive'' at 10 U.S.C. 2324(l)(5)
and at 41 U.S.C. 256(m)(2) to be ``the five most highly compensated
employees in management positions at each home office and each segment
of the contractor'' even though the home office or segment might not
report directly to the contractor's headquarters.
There were no public comments submitted in response to the interim
rule. Therefore, the Councils have agreed to convert the interim rule
to a final rule without change.
This regulatory action was not subject to Office of Management and
Budget review under Section 6(b) of Executive Order 12866, Regulatory
Planning and Review, dated September 30, 1993. This rule is not a major
rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., because most contracts awarded
to small entities use simplified acquisition procedures or are awarded
on a competitive, fixed-price basis, and do not require application of
the cost principle contained in this rule.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Part 31:
Government procurement.
Dated: September 14, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Interim Rule Adopted as Final Without Change
Accordingly, DoD, GSA, and NASA adopt the interim rule amending 48
CFR Part 31, which was published in the Federal Register on March 4,
1999 (64 FR 10547), as a final rule without change.
[[Page 51844]]
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
[FR Doc. 99-24419 Filed 9-23-99; 8:45 am]
BILLING CODE 6820-EP-P
