Page:United States Statutes at Large Volume 102 Part 2.djvu/1020

 102 STAT. 2024

10 USC 2324 note.

10 USC 2324

Regulations.

PUBLIC LAW 100-456—SEPT. 29, 1988

"(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."; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) (as amended by paragraph (D) the following: "(2) If a civil, criminal, or administrative action referred to in paragraph (IXN) 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 (IXN) may be allowed to the extent provided in such agreement.", (b) REGULATIONS.—The Secretary of Defense shall prescribe regulations to implement section 2324(e)(l)(N) of title 10, United States Code, as added by subsection (a), not later than 90 days after the date of the enactment of this Act. SEC. 833. AIR TRAVEL EXPENSES OF DEFENSE CONTRACTOR PERSONNEL (a) AIR FARE DISCOUNT AGREEMENTS.—The Administrator of General Services shall enter into negotiations with commercial air carriers with a view to achieving agreements that permit personnel of contractors who are traveling solely in the performance of covered contracts to be transported by such carriers at the same discount air passenger transportation rates as such carriers charge for travel by Federal Government employees traveling at Government expense. (b) Aux)WABLE CosTS.—Not later than 120 days after the first agreement goes into effect between the Administrator of General Services and a commercial air carrier under subsection (a), the Secretary of Defense shall prescribe regulations that provide that costs for travel by commercial air carrier by an employee of a defense contractor that exceed the air passenger transportation rates established under the agreement are not allowable costs under section 2324 of title 10, United States Code, under a covered contract if— (1) the rate was available; and (2) travel could have reasonably been performed under the conditions required by the air carrier to qualify for such rate. (c) COVERED CONTRACT.—In this section, the term "covered contract" has the meaning given such term by section 2324(k) of title 10, United States Code. (d) EXPIRATION.—This section shall cease to be effective three years after the date of the enactment of this Act. SEC. 834. STANDARDS FOR CONTRACTOR INVENTORY ACCOUNTING SYSTEMS (a) IN GENERAL.—(1) Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:

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