41 U.S.C. § 1328 — Termination

Page 32 TITLE 41—PUBLIC CONTRACTS § 1328 (D) lacking substantial support in the ad- ministrative record taken as a whole or in classified information submitted to the court under paragraph (3); or (E) not in accord with procedures required by law. (3) EXCLUSIVE JURISDICTION.—The United States Court of Appeals for the District of Co- lumbia Circuit shall have exclusive jurisdic- tion over claims arising under sections 1323(c)(5) or 4713 of this title against the United States, any United States department or agency, or any component or official of any such department or agency, subject to review by the Supreme Court of the United States under section 1254 of title 28. (4) ADMINISTRATIVE RECORD AND PROCE- DURES.— (A) IN GENERAL.—The procedures described in this paragraph shall apply to the review of a petition under this section. (B) ADMINISTRATIVE RECORD.— (i) FILING OF RECORD.—The United States shall file with the court an administrative record, which shall consist of the informa- tion that the appropriate official relied upon in issuing an exclusion or removal order under section 1323(c)(5) or a covered procurement action under section 4713 of this title. (ii) UNCLASSIFIED, NONPRIVILEGED INFOR- MATION.—All unclassified information con- tained in the administrative record that is not otherwise privileged or subject to stat- utory protections shall be provided to the petitioner with appropriate protections for any privileged or confidential trade secrets and commercial or financial information. (iii) IN CAMERA AND EX PARTE.—The fol- lowing information may be included in the administrative record and shall be sub- mitted only to the court ex parte and in camera: (I) Classified information. (II) Sensitive security information, as defined by section 1520.5 of title 49, Code of Federal Regulations. (III) Privileged law enforcement infor- mation. (IV) Information obtained or derived from any activity authorized under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), except that, with respect to such information, sub- sections (c), (e), (f), (g), and (h) of section 106 (50 U.S.C. 1806), subsections (d), (f), (g), (h), and (i) of section 305 (50 U.S.C. 1825), subsections (c), (e), (f), (g), and (h) of section 405 (50 U.S.C. 1845), and section 706 (50 U.S.C. 1881e) of that Act shall not apply. (V) Information subject to privilege or protections under any other provision of law. (iv) UNDER SEAL.—Any information that is part of the administrative record filed ex parte and in camera under clause (iii), or cited by the court in any decision, shall be treated by the court consistent with the provisions of this subparagraph and shall remain under seal and preserved in the records of the court to be made available consistent with the above provisions in the event of further proceedings. In no event shall such information be released to the petitioner or as part of the public record. (v) RETURN.—After the expiration of the time to seek further review, or the conclu- sion of further proceedings, the court shall return the administrative record, includ- ing any and all copies, to the United States. (C) EXCLUSIVE REMEDY.—A determination by the court under this subsection shall be the exclusive judicial remedy for any claim described in this section against the United States, any United States department or agency, or any component or official of any such department or agency. (D) RULE OF CONSTRUCTION.—Nothing in this section shall be construed as limiting, superseding, or preventing the invocation of, any privileges or defenses that are otherwise available at law or in equity to protect against the disclosure of information. (c) DEFINITION.—In this section, the term ‘‘classified information’’— (1) has the meaning given that term in sec- tion 1(a) of the Classified Information Proce- dures Act (18 U.S.C. App.); and (2) includes— (A) any information or material that has been determined by the United States Gov- ernment pursuant to an Executive order, statute, or regulation to require protection against unauthorized disclosure for reasons of national security; and (B) any restricted data, as defined in sec- tion 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014). (Added Pub. L. 115–390, title II, § 202(a), Dec. 21, 2018, 132 Stat. 5185.) Editorial Notes REFERENCES IN TEXT The Foreign Intelligence Surveillance Act of 1978, re- ferred to in subsec. (b)(4)(B)(iii)(IV), is Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified prin- cipally to chapter 36 (§ 1801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1801 of Title 50 and Tables. The Classified Information Procedures Act, referred to in subsec. (c)(1), is Pub. L. 96–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Dec. 21, 2018, and appli- cable to contracts that are awarded before, on, or after that date, see section 202(c) of Pub. L. 115–390, set out as a note under section 1321 of this title. Title II of Pub. L. 115–390 effective 90 days after Dec. 21, 2018, see section 205 of Pub. L. 115–390, set out as a note under section 1321 of this title. § 1328. Termination This subchapter shall terminate on December 31, 2033. Page 33 TITLE 41—PUBLIC CONTRACTS § 1501 (Added Pub. L. 115–390, title II, § 202(a), Dec. 21, 2018, 132 Stat. 5188; amended Pub. L. 117–263, div. E, title LIX, § 5949(k)(1), Dec. 23, 2022, 136 Stat. 3492.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 substituted ‘‘December 31, 2033’’ for ‘‘the date that is 5 years after the date of the enact- ment of the Federal Acquisition Supply Chain Security Act of 2018’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Dec. 21, 2018, and appli- cable to contracts that are awarded before, on, or after that date, see section 202(c) of Pub. L. 115–390, set out as a note under section 1321 of this title. Title II of Pub. L. 115–390 effective 90 days after Dec. 21, 2018, see section 205 of Pub. L. 115–390, set out as a note under section 1321 of this title. CHAPTER 15—COST ACCOUNTING STANDARDS Sec. 1501. Cost Accounting Standards Board. 1502. Cost accounting standards. 1503. Contract price adjustment. 1504. Effect on other standards and regulations. 1505. Examinations. 1506. Authorization of appropriations. § 1501. Cost Accounting Standards Board (a) ORGANIZATION.—The Cost Accounting Standards Board is an independent board in the Office of Federal Procurement Policy. (b) MEMBERSHIP.— (1) NUMBER OF MEMBERS, CHAIRMAN, AND AP- POINTMENT.—The Board consists of 5 members. One member is the Administrator, who serves as Chairman. The other 4 members, all of whom shall have experience in Federal Gov- ernment contract cost accounting, are as fol- lows: (A) 2 representatives of the Federal Gov- ernment— (i) one of whom is a representative of the Department of Defense appointed by the Secretary of Defense; and (ii) one of whom is an officer or em- ployee of the General Services Administra- tion appointed by the Administrator of General Services. (B) 2 individuals from the private sector, each of whom is appointed by the Adminis- trator, and— (i) one of whom is a representative of in- dustry; and (ii) one of whom is particularly knowl- edgeable about cost accounting problems and systems and, if possible, is a represent- ative of a public accounting firm. (2) TERM OF OFFICE.— (A) LENGTH OF TERM.—The term of office of each member, other than the Administrator, is 4 years. The terms are staggered, with the terms of 2 members expiring in the same year, the term of another member expiring the next year, and the term of the last mem- ber expiring the year after that. (B) INDIVIDUAL REQUIRED TO REMAIN WITH APPOINTING AGENCY.—A member appointed under paragraph (1)(A) may not continue to serve after ceasing to be an officer or em- ployee of the agency from which that mem- ber was appointed. (3) VACANCY.—A vacancy on the Board shall be filled in the same manner in which the original appointment was made. A member ap- pointed to fill a vacancy serves for the remain- der of the term for which that member’s pred- ecessor was appointed. (c) DUTIES.—The Board shall— (1) ensure that the cost accounting stand- ards used by Federal contractors rely, to the maximum extent practicable, on commercial standards and accounting practices and sys- tems; (2) within one year after the date of enact- ment of this subsection, and on an ongoing basis thereafter, review any cost accounting standards established under section 1502 of this title and conform such standards, where practicable, to Generally Accepted Accounting Principles; and (3) annually review disputes involving such standards brought to the boards established in section 7105 of this title or Federal courts, and consider whether greater clarity in such standards could avoid such disputes. (d) MEETINGS.—The Board shall meet not less than once each quarter and shall publish in the Federal Register notice of each meeting and its agenda before such meeting is held. (e) REPORT.—The Board shall annually submit a report to the congressional defense commit- tees, the Committee on Oversight and Govern- ment Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate describing the actions taken during the prior year— (1) to conform the cost accounting standards established under section 1502 of this title with Generally Accepted Accounting Principles; and (2) to minimize the burden on contractors while protecting the interests of the Federal Government. (f) SENIOR STAFF.—The Administrator, after consultation with the Board— (1) without regard to the provisions of title 5 governing appointments in the competitive service— (A) shall appoint an executive secretary; and (B) may appoint, or detail pursuant to sec- tion 3341 of title 5, two additional staff mem- bers; and (2) may pay those employees without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classi- fication and General Schedule pay rates, ex- cept that those employees may not receive pay in excess of the maximum rate of basic pay payable for level IV of the Executive Schedule. (g) OTHER STAFF.—The Administrator may ap- point, fix the compensation of, and remove addi-