United States Code

concerned in accordance with the requirements of section 304 of this order;

(5) A determination whether each person appointed pursuant to subsection 101 (a) of the said Executive Order No. 10182, as amended [revoked by section 306 of this order], has filed a statement in accordance with the requirements of section 304 of this order; and

(6) An inspection of individual department and agency files to determine whether the certifications and the statements required by subsections 301 (a) and (b), respectively, of this order have been made.

(b) A report of each such survey shall be made by the Chairman of the Civil Service Commission to the President and to the Joint Committee on Defense Production and shall include the following:

(1) A statistical report showing the number of appointments made pursuant to the authority in section 101(a) of this order by each department or agency for the twelvemonth period covered, the total number of appointees under that authority serving in advisory or consultative positions, and the number of such appointees who are serving in other than consultative or advisory positions;

(2) A list of the names of all appointees for whom the statements required by section 302 of this order have not been filled, and a list of the names of all appointees for whom the certification required by subsection 301 (a) of this order has not been made; and

(3) Such comments or recommendations as the Chairman of the United States Civil Service Commission may deem proper.

SEC. 306. Executive Order No. 10182 of November 21, 1950, and Executive Order No. 10205 of January 16, 1951 [set out as a note under this section], are hereby revoked. DWIGHT D. EISENHOWER

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2061, 2072, 2093, 2151 to 2159, 2161 to 2163, 2164 to 2166, 2182, 2183 of this Appendix; title 22 section 2386.

There are authorized to be appropriated such sums as may be necessary and appropriate for the carrying out of the provisions and purposes of this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] by the President and such agencies as he may designate or create. Funds made available for the purposes of this Act [said sections] may be allocated or transferred for any of the purposes of this Act [said sections], with the approval of the Bureau of the Budget, to any agency designated to assist in carrying out this Act [said sections]. Funds so allocated or transferred shall remain available for such period as may be specified in the Acts making such funds available. (Sept. 8, 1950, ch. 932, title VII, § 711, 64 Stat. 820.)

CHANGE OF NAME

The Bureau of the Budget was designated the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. set out in the Appendix to Title 5, Government Organization and Employees, which also transferred all records, property, personnel, and funds of the Bureau to the Office of Management and Budget.

TERMINATION DATE

Termination of this section on June 30, 1972, see section 2166(a) of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2061, 2072, 2093, 2151 to 2160, 2162, 2163, 2164 to 2166, 2182, 2183 of this Appendix.

§ 2162. Joint Committee on Defense Production.

(a) There is established a joint congressional committee to be known as the Joint Committee on Defense Production (hereinafter referred to as the committee), to be composed of ten members as follows:

(1) Five members who are members of the Committee on Banking and Currency of the Senate, three from the majority and two from the minority party, to be appointed by the chairman of the committee; and

(2) Five members who are members of the Committee on Banking and Currency of the House of Representatives, three from the majority and two from the minority party, to be appointed by the chairman of the committee.

A vacancy in the membership of the committee shall be filled in the same manner as the original selection. The committee shall elect a chairman and a vice chairman from among its members, one of whom shall be a member of the Senate and the other a member of the House of Representatives.

(b) It shall be the function of the Committee to make a continuous study of the programs and of the fairness to consumers of the prices authorized by this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] and to review the progress achieved in the execution and administration thereof. Upon request, the committee shall aid the standing committees of the Congress having legislative jurisdiction over any part of the programs authorized by this Act [said sections]; and it shall make a report to the Senate and the House of Representatives, from time to time, concerning the results of its studies, together with such recommendations as it may deem desirable. Any department, official, or agency administering any of such programs shall, at the request of the committee, consult with the committee, from time to time, with respect to their activities under this Act [said sections].

(c) The committee, or any duly authorized subcommittee thereof, is authorized to hold such hearings, to sit and act at such times and places, to require by subpena (to be issued under the signature of the chairman or vice chairman of the committee) or otherwise the attendance of such witnesses and the production of such books, papers, and documents, to administer such oaths, to take such testimony, to procure such printing and binding, and to make such expenditures as it deems advisable. The cost of stenographic services to report such hearings shall not be in excess of 40 cents per hundred words. The provisions of sections 102 to 104, inclusive, of the Revised Statutes [sections 192 to 194 of Title 21 shall apply in case of any failure of any witness to comply with any subpena or to testify when summoned under authority of this subsection.

(d) The committee is authorized to appoint and, without regard to the Classification Act of 1949, as

amended, fix the compensation of such experts, consultants, technicians, and organizations thereof, and clerical and stenographic assistants as it deems necessary and advisable.

(e) The expenses of the committee under this section, which shall not exceed $100,000 in any fiscal year, shall be paid from the contingent fund of the House of Representatives upon vouchers signed by the Chairman or Vice Chairman.

(f) The Secretary of Commerce shall make a special investigation and study of the production, allocation, distribution, use of nickel, of its resale as scrap, and of other aspects of the current situation with respect to supply and marketing of nickel, with particular attention to, among other things, the adequacy of the present system of nickel allocation between defense and civilian users. The Secretary of Commerce shall consult with the Joint Committee on Defense Production during the course of such investigation and study with respect to the progress achieved and the results of the investigation and study, and shall make an interim report on the results of the investigation and study on or before August 15, 1956, and shall, on or before December 31, 1956, make a final report on the results of such investigation and study, together with such recommendations as the Secretary of Commerce deems advisable. Such reports shall be made to the Senate (or to the Secretary of the Senate if the Senate is not in session) and to the House of Representatives (or to the Clerk of the House of Representatives if the House is not in session). (Sept. 8, 1950, ch. 932, title VII, § 712, 64 Stat. 820; June 30, 1952, ch. 530, title I, § 119; 66 Stat. 306; Aug. 9, 1955, ch. 655, § 9, 69 Stat. 583; June 29, 1956, ch. 474, §§ 3, 5, 70 Stat. 408; June 30, 1966, Pub. L. 89-482, § 2, 80 Stat. 235; July 1, 1968, Pub. L. 90-370, § 2, 82 Stat. 279.)

REFERENCES IN TEXT

The Classification Act of 1949, as amended, referred to in subsec. (d), is now covered by chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees.

AMENDMENTS

1968 Subsec. (e). Pub. L. 90-370 substituted "$100,000" for "$85,000".

1966 Subsec. (e). Pub. L. 89-482 substituted $85,000 for $65,000 as the upper limit for committee expenses in any fiscal year payable from the contingent fund of the House of Representatives upon vouchers signed by the chairman or vice chairman.

1956 Subsec. (e). Act June 29, 1956, § 5, required payment of expenses from the contingent fund of the House of Representatives instead of one-half from the contingent fund of the Senate and one-half from the contingent fund of the House, and eliminated provisions which prescribed the manner of making disbursements to pay such expenses.

Subsec. (f). Act June 29, 1956, § 3 added subsec. (f). 1955 Subsec. (c). Act Aug. 9, 1955, § 9(1), increased the cost of stenographic services to not more than 40 cents per hundred words.

Subsec. (e). Act Aug. 9, 1955, § 9(2), increased the expenses of the committee from $50,000 to $65,000 in any fiscal year.

1952 Subsec. (b). Act June 30, 1952 inserted in first sentence "and of fairness to consumers of the prices." EFFECTIVE DATE OF 1956 AMENDMENT

Section 5 of act June 29, 1956, which amended subsec. (e) of this section, provided in part that the amendment of subsec. (e) shall be effective July 1, 1956.

EFFECTIVE DATE OF 1955 AMENDMENT Amendment of this section by act Aug. 9, 1955, effective as of the close of July 31, 1955, see section 11 of act Aug. 9, 1955, set out as a note under section 2062 of this Appendix.

TERMINATION DATE

Termination of this section on June 30, 1972, see section 2166(a) of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2061, 2072, 2093, 2151 to 2161, 2163, 2164 to 2168, 2182, 2183 of this Appendix. § 2163. Territorial application of Act.

The provisions of this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] shall be applicable to the United States, its Territories and possessions, and the District of Columbia. (Sept. 8, 1950, ch. 932, title VII, § 713, 64 Stat. 821.)

TERMINATION DATE Termination of these sections on June 30, 1972, see section 2166(a) of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2061, 2072, 2093, 2151 to 2162, 2164 to 2166, 2182, 2183 of this Appendix. § 2163a. Small Defense Plants Administration. CODIFICATION

Section, act Sept. 8, 1950, ch. 932, title VII, § 714, as added July 31, 1951, ch. 275, title I, § 110 (a) 65 Stat. 139, and amended June 30, 1952, ch. 530, title I, § 121 (a) 66 Stat. 306; June 30, 1953, ch. 171, § 10, 67 Stat. 131. created the Small Defense Plants Administration, and related generally to encouragement and aid to smallbusiness concerns with respect to defense production. It terminated on July 31, 1953 by the terms of section 2166(a) of this Appendix. Present provisions relating to aid to small business are contained in chapter 14A of Title 15, Commerce and Trade.

TRANSFER OF FUNCTIONS

Functions under former section 2163a of this Appendix as transferred to Small Business Administrator, see Ex. Ord. No. 10504, Dec. 1, 1953, 18 F.R. 7667, set out as a note under section 641 of Title 15, Commerce and Trade.

Ex. Ord. No 10323, Feb 5, 1952, 17 F.R. 1145, transferred from the Department of Commerce to the Small Defense Plants Administration certain functions relating to aid. REVOLVING FUND CONTINUATION

H. J. Res. July 16, 1953, ch. 204, § 1, 67 Stat. 176 provided in part that "The revolving fund established under said Administration shall remain available through July 31, 1953, for payment of obligations and direct costs under contracts entered into during the fiscal year 1953." § 2164. Separability of provisions.

If any provision of this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act [said sections], and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (Sept. 8, 1950, ch. 932, title VII, § 715, formerly § 714, 64 Stat. 821; renumbered July 31, 1951, ch. 275, title I, § 110(b), 65 Stat. 144.)

TERMINATION DATE Termination of this section on June 30, 1972, see section 2166(a) of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2061, 2072, 2093, 2151 to 2163, 2165, 2166, 2182, 2183 of this Appendix.

§ 2165. Persons disqualified for employment; penalties.

No person may be employed under this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] who engages in a strike against the Government of the United States or who is a member of an organization of Government employees that asserts the right to strike against the Government of the United States or who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence: Provided, That for the purposes hereof an affidavit shall be considered prima facie evidence that the person making the affidavit has not contrary to the provisions of this section engaged in a strike against the Government of the United States, is not a member of an organization of Government employees that asserts the right to strike against the Government of the United States or that such person does not advocate, and is not a member of an organization that advocates, the overthrow of the Government of the United States by force or violence: Provided further, That any person who engages in a strike against the Government of the United States or who is a member of an organization of Government employees that asserts the right to strike against the Government of the United States, or who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence and accepts employment the salary or wages for which are paid from any appropriation or fund contained in this Act [said sections] shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both: Provided further, That the above penalty clause shall be in addition to, and not in substitution for, any other provisions of existing law. (Sept. 8, 1950, ch. 932, title VII, § 716, formerly § 715, 64 Stat. 821, renumbered July 31, 1951, ch. 275, title I, § 110(b), 65 Stat. 144.)

TERMINATION DATE

Termination of this section on June 30, 1972, see section 2166(a) of this Appendix.

CROSS REFERENCES

Offenses punishable by imprisonment not exceeding one year classified as misdemeanors, see section 1 of Title 18, Crimes and Criminal Procedure.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2061, 2072, 2093, 2151 to 2163, 2164, 2166, 2182, 2183 of this Appendix.

§ 2166. Termination of Act.

(a) Title I (except section 104), title III, and title VII (except sections 714 and 719) of this Act [section 2071 to 2073, 2091 to 2094, 2151 to 2163, and 2164 to 2168 of this Appendix], and all authority conferred thereunder, shall terminate at the close of June 30, 1972. Section 714 of this Act [section 2163a of this Appendix), and all authority conferred thereunder, shall terminate at the close of July 31, 1953. Section 104, title II, and title VI of this Act [section 2074, 2081 and 2132 to 2137 of this Appendix], and all authority conferred thereunder, shall terminate at the close of June 30, 1953. Titles IV and V of this Act [sections 2101 to 2112 and 2121 to 2123 of this Appendix], and

all authority conferred thereunder, shall terminate at the close of April 30, 1953.

(b) Notwithstanding the foregoing

(1) The Congress by concurrent resolution or the President by proclamation may terminate this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix] prior to the termination otherwise provided therefor.

(2) The Congress may also provide by concurrent resolution that any section of this Act [said sections] and all authority conferred thereunder shall terminate prior to the termination otherwise provided therefor.

(3) Any agency created under this Act [said sections] may be continued in existence for purposes of liquidation for not to exceed six months after the termination of the provision authorizing the creation of such agency.

(c) The termination of any section of this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix], or of any agency or corporation utilized under this Act [said section], shall not affect the disbursement of funds under, or the carrying out of, any contract, guarantee, commitment or other obligation entered into pursuant to this Act [said sections] prior to the date of such termination, or the taking of any action necessary to preserve or protect the interests of the United States in any amounts advanced or paid out in carrying on operations under this Act [said sections], or the taking of any action (including the making of new guarantees) deemed by a guaranteeing agency to be necessary to accomplish the orderly liquidation, adjustment or settlement of any loans guaranteed under this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix], including actions deemed necessary to avoid undue hardship to borrowers in reconverting to normal civilian production; and all of the authority granted to the President, guaranteeing agencies, and fiscal agents, under section 301 of this Act [section 2091 of this Appendix] shall be applicable to actions taken pursuant to the authority contained in this subsection.

Notwithstanding any other provision of this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix], the termination of title VI [sections 2132 to 2137 of this Appendix] or any section thereof shall not be construed as affecting any obligation, condition, liability, or restriction arising out of any agreement heretofore entered into pursuant to, or under the authority of, section 602 or section 605 of this Act [former section 2132 or 2135 of this Appendix], or any issuance thereunder, by any person or corporation and the Federal Government or any agency thereof relating to the provision of housing for defense workers or military personnel in an area designated as a critical defense housing area pursuant to law.

(d) No action for the recovery of any cooperative payment made to a cooperative association by a Market Administrator under an invalid provision of a milk marketing order issued by the Secretary of Agriculture pursuant to the Agricultural Marketing

Agreement Act of 1937 shall be maintained unless such action is brought by producers specifically named as party plaintiffs to recover their respective share of such payments within ninety days after the date of enactment of the Defense Production Act Amendments of 1952 [June 30, 1952] with respect to any cause of action heretofore accrued and not otherwise barred, or within ninety days after accrual with respect to future payments, and unless each claimant shall allege and prove (1) that he objected at the hearing to the provisions of the order under which such payments were made and (2) that he either refused to accept payments computed with such deduction or accepted them under protest to either the Secretary or the Administrator. The district courts of the United States shall have exclusive original jurisdiction of all such actions regardless of the amount involved. This subsection shall not apply to funds held in escrow pursuant to court order. Notwithstanding any other provision of this Act [sections 2061, 2062, 2071 to 2073, 2091 to 2094, 2151 to 2163 and 2164 to 2168 of this Appendix], no termination date shall be applicable to this subsection. (Sept. 8, 1950, ch. 932, title VII, § 717, formerly § 716, 64 Stat. 822; June 30, 1951, ch. 198, § 1, 65 Stat. 110; renumbered July 31, 1951, 7:00 p.m., E.D.T., ch. 275, title I, §§ 110(b), 111, 65 Stat. 144; June 30, 1952, ch. 530, title I, §§ 120, 121(b), 66 Stat. 306; June 30, 1953, ch. 170, § 20, 67 Stat. 126; June 30, 1953, ch. 171, §§ 11, 12, 67 Stat. 131; June 30, 1955, ch. 251, § 5, 69 Stat. 225; Aug. 9, 1955, ch. 655, § 10, 69 Stat. 583; June 29, 1956, ch. 474, § 1, 70 Stat. 408; June 28, 1958, Pub. L. 85-471, 72 Stat. 241; June 30, 1960, Pub. L. 86-560, § 1, 74 Stat. 282; June 28, 1962, Pub. L. 87-505, 76 Stat. 112; June 30, 1964, Pub. L. 88-343, § 1, 78 Stat. 235; June 30, 1966, Pub. L. 89-482, § 1, 80 Stat. 235; July 1, 1968, Pub. L. 90-370, § 1, 82 Stat. 279; June 30, 1970, Pub. L. 91-300, 84 Stat. 367; Aug. 1, 1970, Pub. L. 91-371, 84 Stat. 694; Aug. 15, 1970, Pub. L. 91-379, title I, § 101, 84 Stat. 796.)

REFERENCES IN TEXT

The Agricultural Marketing Agreement Act of 1937, referred to in subsec. (d), is classified to sections 601, 601 note, 602, 608a, 608b, 608c, 608d, 610, 612, 614, 624 and 671-674 of Title 7, Agriculture.

AMENDMENTS

1970--Subsec. (a). Pub. L. 91-379 substituted "June 30, 1972" for "August 15, 1970" and "sections 714 and 719" for "section 714".

Pub. L. 91-371 extended the termination date from July 30, 1970, to August 15, 1970.

Pub. L. 91-300 extended the termination date from June 30, 1970, to July 30, 1970.

1968 Subsec. (a). Pub. L. 90-370 extended the termination date from June 30, 1968 to June 30, 1970.

1966 Subsec. (a). Pub. L. 89-482 extended the termination date from June 30, 1966 to June 30, 1968.

1964 Subsec. (a). Pub. L. 88-343 extended the termination date from June 30, 1964 to June 30, 1966. 1962-Subsec. (a). Pub. L. 87-505 extended the termination date from June 30, 1962, to June 30, 1964. 1960 Subsec. (a). Pub. L. 86-560 extended the termination date from June 30, 1960, to June 30, 1962.

1958 Subsec. (a). Pub. L. 85-471 extended the termination date from June 30, 1958, to June 30, 1960.

1956 Subsec. (a). Act June 29, 1956 extended the termination date from June 30, 1956, to June 30. 1958.

1955 Subsec. (a). Act Aug. 9, 1955 extended the termination date from July 31, 1955, to June 30, 1956.

Subsec. (a). Act June 30, 1955 extended the termination date from June 30, 1955, to July 31, 1955.

1953-Subsec. (a). Act June 30, 1953, § 11 changed termination dates as follows: (1) Title I except section 2074 of this Appendix, from June 30, 1953, to June 30, 1955; (2) Title III, from June 30, 1953, to June 30, 1955; Title VII (except section 2163a of this Appendix), from June 30, 1953 to June 30, 1955.

Subsec. (c). Act June 30, 1953, ch. 171, § 12, inserted "or the taking of any action authority contained in this subsection".

Subsec. (c). Act June 30, 1953, ch. 170, added second

par.

1952-Subsec. (a). Act June 30, 1952, § 121 (b) extended the termination dates from Apr. 30, 1952 to Apr. 30, 1953 and from June 30, 1952 to June 30, 1953.

Subsec. (d). Act June 30, 1952, § 120 added subsec. (d). 1951-Subsec. (a). Acts July 31, 1951, § 111, and June 30, 1951. Act July 31, 1951 struck out former subsec. (a) relating to termination of certain Titles of act Sept. 8, 1950 and substituted present subsec. (a). Act June 30, 1951, extended termination date from June 30, 1951 to July 31, 1951.

Subsec. (b). Act July 31, 1951 redesignated former subsec. (c) as (b) and struck out former subsec. (b), which related to termination date of certain Titles of act Sept. 8, 1950. Former subsec. (b) was amended by act June 30, 1951 to extend termination date from June 30, 1951, to July 31, 1951.

Subsec. (c). Act July 31, 1951, § 111 redesignated former subsec. (d) as (c).

CROSS REFERENCES

Effect of termination of act on actions or prosecutions based on rights or liabilities arising prior to termination. see section 2156 (b) of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2061, 2072, 2093, 2151 to 2163, 2164, 2165, 2182, 2183 of this Appendix.

§ 2167. Feasibility study of application of uniform cost accounting standards to defense procurement contracts; consultations; reports.

The Comptroller General, in cooperation with the Secretary of Defense and the Director of the Bureau of the Budget, shall undertake a study to determine the feasibility of applying uniform cost accounting standards to be used in all negotiated prime contract and subcontract defense procurements of $100,000 or more. In carrying out such study the Comptroller General shall consult with representatives of the accounting profession and with representatives of that segment of American industry which is actively engaged in defense contracting. The results of such study shall be reported to the Committees on Banking and Currency and the Committees on Armed Services of the Senate and House of Representatives at the earliest practicable date, but in no event later than eighteen months after the date of enactment of this section [July 1, 1968]. (Sept. 8, 1950, ch. 932, title VII, § 718, as added July 1, 1968, Pub. L. 90–370, § 3, 82 Stat. 279.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2061, 2072, 2093, 2151 to 2163, 2164 to 2166, 2182, 2183 of this Appendix.

§ 2168. Cost Accounting Standards Board.

(a) Formation; Comptroller General as chairman; experience of Board members; terms of office; vacancies; compensation of Board members appointed from private life.

There is established, as an agent of the Congress, a Cost-Accounting Standards Board which shall be

independent of the executive departments and shall consist of the Comptroller General of the United States who shall serve as Chairman of the Board and four members to be appointed by the Comptroller General. Of the members appointed to the Board, two, of whom one shall be particularly knowledgeable about the cost accounting problems of small business, shall be from the accounting profession, one shall be representative of industry, and one shall be from a department or agency of the Federal Government who shall be appointed with the consent of the head of the department or agency concerned. The term of office of each of the appointed members of the Board shall be four years, except that any member appointed to fill a vacancy in the Board shall serve for the remainder of the term for which his predecessor was appointed. Each member of the Board appointed from private life shall receive compensation at the rate of one twohundred-sixtieth of the rate prescribed for level IV of the Federal Executive Salary Schedule [section 5315 of Title 5] for each day (including traveltime) in which he is engaged in the actual performance of duties vested in the Board.

(b) Appointment and compensation of staff members. The Board shall have the power to appoint, fix the compensation of, and remove an executive secretary and two additional staff members without regard to chapter 51, subchapters III and VI of chapter 53, and chapter 75 of title 5, United States Code, and those provisions of such title relating to appointment in the competitive service. The executive secretary and the two additional staff members may be paid compensation at rates not to exceed the rates prescribed for levels IV and V of the Federal Executive Salary Schedule, respectively [sections 5315 and 5316 of Title 5].

The Board is authorized to appoint and fix the compensation of such other personnel as the Board deems necessary to carry out its functions.

(d) Utilization of personnel from Federal agencies or private life.

The Board may utilize personnel from the Federal Government (with the consent of the head of the agency concerned) or appoint personnel from private life without regard to chapter 51, subchapters III and VI of chapter 53, and chapter 75 of title 5, United States Code, and those provisions of such title relating to appointment in the competitive service, to serve on advisory committees and task forces to assist the Board in carrying out its functions and responsibilities under this section.

(e) Compensation of Board members and other personnel from Federal agencies; compensation of appointees from private life; travel expenses for personnel serving on an intermittent basis. Except as otherwise provided in subsection (a), members of the Board and officers or employees of other agencies of the Federal Government utilized under this section shall receive no compensation for their services as such but shall continue to receive the compensation of their regular positions. Appointees under subsection (d) from private life shall receive compensation at rates fixed by the Board,

not to exceed one two-hundred-sixtieth of the rate prescribed for level V in the Federal Executive Salary Schedule [section 5316 of Title 5] for each day (including traveltime) in which they are engaged in the actual performance of their duties as prescribed by the Board. While serving away from their homes or regular place of business, Board members and other appointees serving on an intermittent basis under this section shall be allowed travel expenses in accordance with section 5703 of title 5, United States Code.

(f) Cooperation between Board and other Federal departments and agencies.

All departments and agencies of the Government are authorized to cooperate with the Board and to furnish information, appropriate personnel with or without reimbursement, and such financial and other assistance as may be agreed to between the Board and the department or agency concerned. (g) Promulgation of cost accounting standards; use of standards by defense contractors and relevant Federal agencies; conditions for use of standards. The Board shall from time to time promulgate cost-accounting standards designed to achieve uniformity and consistency in the cost-accounting principles followed by defense contractors and subcontractors under Federal contracts. Such promulgated standards shall be used by all relevant Federal agencies and by defense contractors and subcontractors in estimating, accumulating, and reporting costs in connection with the pricing, administration and settlement of all negotiated prime contract and subcontract national defense procurements with the United States in excess of $100,000, other than contracts or subcontracts where the price negotiated is based on (1) established catalog or market prices of commercial items sold in substantial quantities to the general public, or (2) prices set by law or regulation. In promulgating such standards the Board shall take into account the probable costs of implementation compared to the probable benefits. (h) Implementation of cost accounting standards; cost accounting disclosure by defense contractors as a condition of contract; mandatory price adjustment clause in contract, with interest, for any increased costs due to contractor's failure to follow cost accounting standards; maximum rate and duration of interest; contract dispute; exemptions; effective date of proposed standards and regulations.

(1) The Board is authorized to make, promulgate, amend, and rescind rules and regulations for the implementation of cost-accounting standards promulgated under subsection (g). Such regulations shall require defense contractors and subcontractors as a condition of contracting to disclose in writing their cost-accounting principles, including methods of distinguishing direct costs from indirect costs and the basis used for allocating indirect costs, and to agree to a contract price adjustment, with interest, for any increased costs paid to the defense contractor by the United States because of the defense contractor's failure to comply with duly promulgated cost-accounting standards or to follow consistently his disclosed cost-accounting practices in pricing contract proposals and in accumulating and reporting contract performance cost data. Such interest

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