[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