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50 U.S.C. § 1431 — Authorization; official approval; Congressional action: notification of committees of certain proposed obligations, resolution of disapproval, continuity of session, computation of period
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President may authorize any department or agency of the Government which exercises functions in connection with the national defense, acting in accordance with regulations prescribed by the President for the protection of the Government, to enter into contracts or into amendments or modifications of contracts heretofore or hereafter made and to make advance payments thereon, without regard to other provisions of law relating to the making, performance, amendment, or modification of contracts, whenever he deems that such action would facilitate the national defense. The authority conferred by this section shall not be utilized to obligate the United States in an amount in excess of $500,000 without approval by an official at or above the level of an Assistant Secretary or his Deputy, or an assistant head or his deputy, of such department or agency, or by a Contract Adjustment Board established therein. The authority conferred by this section may not be utilized to obligate the United States in an amount in excess of $150,000,000 unless the Committees on Armed Services of the Senate and the House of Representatives and in addition, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with respect to contracts, or modifications or amendments to contracts, or advance payments proposed to be made under this section by the Secretary of the Department in which the Coast Guard is operating with respect to the acquisition of Coast Guard cutters or aircraft, have been notified in writing of such proposed obligation and 60 days of continuous session of Congress have expired following the date on which such notice was transmitted to such Committees. For purposes of thi
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Stable record: federal_law:legal_authorities:record_usc_c29d62c41a7cd1e59a806743
Source file: Laws/federal/codes/united-states-code/title-50/section-1431-authorization-official-approval-congressional-action-notification-of-com--72d986b119.md
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Passage SHA-256: ae4631e404db0c314596b76cca067ca1d498eb4e2bb6298ffba2aa24a3895265
Source location: Title 50, Chapter 29, § 1431; chapter-029-national-defense-contracts.md
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**(a)** The President may authorize any department or agency of the Government which exercises functions in connection with the national defense, acting in accordance with regulations prescribed by the President for the protection of the Government, to enter into contracts or into amendments or modifications of contracts heretofore or hereafter made and to make advance payments thereon, without regard to other provisions of law relating to the making, performance, amendment, or modification of contracts, whenever he deems that such action would facilitate the national defense. The authority conferred by this section shall not be utilized to obligate the United States in an amount in excess of $500,000 without approval by an official at or above the level of an Assistant Secretary or his Deputy, or an assistant head or his deputy, of such department or agency, or by a Contract Adjustment Board established therein. The authority conferred by this section may not be utilized to obligate the United States in an amount in excess of $150,000,000 unless the Committees on Armed Services of the Senate and the House of Representatives and in addition, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with respect to contracts, or modifications or amendments to contracts, or advance payments proposed to be made under this section by the Secretary of the Department in which the Coast Guard is operating with respect to the acquisition of Coast Guard cutters or aircraft, have been notified in writing of such proposed obligation and 60 days of continuous session of Congress have expired following the date on which such notice was transmitted to such Committees. For purposes of this section, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die at the end of a Congress, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain, or because of an adjournment sine die other than at the end of a Congress, are excluded in the computation of such 60-day period.
**(b) Temporary Authority to Modify Certain Contracts and Options Based on the Impacts of Inflation.—** Only amounts specifically provided by an appropriations Act for the purposes detailed in subsections (c) and (d) of this section may be used by the Secretary of Defense to carry out such subsections. If any such amounts are so specifically provided, the Secretary may use them for such purposes.
**(c)**
(1) The Secretary of Defense, acting pursuant to a Presidential authorization under subsection (a) and in accordance with subsection (b)—
(A) may, notwithstanding subsection (e) of [section 1432 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1432&num=0&edition=prelim), make an amendment or modification to an eligible contract when, due solely to economic inflation, the cost to a prime contractor of performing such eligible contract is greater than the price of such eligible contract; and
(B) may not request consideration from such prime contractor for such amendment or modification.
(2) A prime contractor may submit to the Secretary of Defense a request for an amendment or modification to an eligible contract pursuant to subsection (a) when, due solely to economic inflation, the cost to a covered subcontractor of performing an eligible subcontract is greater than the price of such eligible subcontract. Such request shall include a certification that the prime contractor—
(A) will remit to such covered subcontractor the difference, if any, between the original price of such eligible contract and the price of such eligible contract if the Secretary of Defense makes an amendment or modification pursuant to subsection (a); and
(B) will not require such covered subcontractor to pay additional consideration or fees related to such amendment or modification.
(3) If a prime contractor does not make the request described in paragraph (2), a covered subcontractor may submit to a contracting officer of the Department of Defense a request for an amendment or modification to an eligible subcontract when, due solely to economic inflation, the cost to such covered subcontractor of performing such eligible subcontract is greater than the price of such eligible subcontract.
**(d)** Any adjustment or modification made pursuant to subsection (c) to an eligible contract or an eligible subcontract shall—
(1) be contingent upon the continued performance, as applicable, of such eligible contract or such eligible subcontract; and
(2) account only for the actual cost of performing such eligible contract or such eligible subcontract, but may account for indirect costs of performance, as the Secretary of Defense determines appropriate.
**(e)** The authority under subsections (c) and (d) shall be effective during the period beginning on December 23, 2022, and ending on December 31, 2025.
**(f)** In this section:
(1) The term “covered subcontractor” means a subcontractor who has entered into an eligible subcontract with a prime contractor.
(2) The term “eligible contract” means a contract awarded to a prime contractor by the Secretary of Defense pursuant to subsection (a).
(3) The term “eligible subcontract” means a subcontract made under an eligible contract to a covered subcontractor.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Records Defined.—** In this section, the term “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.
**(b) Agency Authority.—**
(1) The head of an agency, acting through an authorized representative, is authorized to inspect the plant and audit the records of—
(A) a contractor performing a cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable contract, or any combination of such contracts, made by that agency under a chapter 137 legacy provision; and
(B) a subcontractor performing any cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable subcontract or any combination of such subcontracts under a contract referred to in subparagraph (A).
(2) The head of an agency, acting through an authorized representative, is authorized, for the purpose of evaluating the accuracy, completeness, and currency of certified cost or pricing data required to be submitted pursuant to chapter 271 of this title with respect to a contract or subcontract, to examine all records of the contractor or subcontractor related to—
(A) the proposal for the contract or subcontract;
(B) the discussions conducted on the proposal;
(C) pricing of the contract or subcontract; or
(D) performance of the contract or subcontract.
**(c) DCAA Subpoena Authority.—**
(1) **Authority to require the production of records.—** — The Director of the Defense Contract Audit Agency (or any successor agency) may require by subpoena the production of any records of a contractor that the Secretary of Defense is authorized to audit or examine under subsection (b).
(2) **Enf
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3841
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Prohibition on Transfer of Contracts.—** The party to whom the Federal Government gives a contract or order may not transfer the contract or order, or any interest in the contract or order, to another party. A purported transfer in violation of this subsection annuls the contract or order so far as the Federal Government is concerned, except that all rights of action for breach of contract are reserved to the Federal Government.
**(b) Assignment.—**
(1) **In general.—** — Notwithstanding subsection (a) and in accordance with the requirements of this subsection, amounts due from the Federal Government under a contract may be assigned to a bank, trust company, Federal lending agency, or other financing institution.
(2) **Minimum amount.—** — This subsection applies only to a contract under which the aggregate amounts due from the Federal Government total at least $1,000.
(3) **Accord with contract terms.—** — Assignment may not be made under this subsection if the contract forbids the assignment.
(4) **Full balance due.—** — Unless otherwise expressly permitted by the contract, an assignment under this subsection must cover the balance of all amounts due from the Federal Government under the contract.
(5) **Single assignment.—** — Unless otherwise expressly permitted by the contract, an assignment under this subsection may not be made to more than one party or be subject to further assignment, except that assignment may be made to one party as agent or trustee for 2 or more parties participating in the financing.
(6) **Written notice.—** — The assignee of an assignment under this subsection shall file written notice of the assignment and a true copy of the instrument of assignment with—
(A) the contracting officer or head of the officer’s departmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 6305
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter shall be construed to constitute authorization hereunder for—
**(a)** the use of the cost-plus-a-percentage-of-cost system of contracting;
**(b)** any contract in violation of existing law relating to limitation of profits;
**(c)** the negotiation of purchases of or contracts for property or services required by law to be procured by formal advertising and competitive bidding;
**(d)** the waiver of any bid, payment, performance, or other bond required by law;
**(e)** the amendment of a contract negotiated under section 2304(a)(15) 11 See References in Text note below. of title 10 or under section 252(c)(13) 1 of title 41, to increase the contract price to an amount higher than the lowest rejected bid of any responsible bidder; or
**(f)** the formalization of an informal commitment, unless it is found that at the time the commitment was made it was impracticable to use normal procurement procedures.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1432
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim), as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect—
(1) any action taken or proceeding pending not finally concluded or determined on such date;
(2) any action or proceeding based on any act committed prior to such date; or
(3) any rights or duties that matured or penalties that were incurred prior to such date.
**(b)** For the purpose of this section, the words “any national emergency in effect” means a general declaration of emergency made by the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this section, “assignment” means—
(1) a transfer or assignment of any part of a claim against the United States Government or of an interest in the claim; or
(2) the authorization to receive payment for any part of the claim.
**(b)** An assignment may be made only after a claim is allowed, the amount of the claim is decided, and a warrant for payment of the claim has been issued. The assignment shall specify the warrant, must be made freely, and must be attested to by 2 witnesses. The person making the assignment shall acknowledge it before an official who may acknowledge a deed, and the official shall certify the assignment. The certificate shall state that the official completely explained the assignment when it was acknowledged. An assignment under this subsection is valid for any purpose.
**(c)** Subsection (b) of this section does not apply to an assignment to a financing institution of money due or to become due under a contract providing for payments totaling at least $1,000 when—
(1) the contract does not forbid an assignment;
(2) unless the contract expressly provides otherwise, the assignment—
(A) is for the entire amount not already paid;
(B) is made to only one party, except that it may be made to a party as agent or trustee for more than one party participating in the financing; and
(C) may not be reassigned; and
(3) the assignee files a written notice of the assignment and a copy of the assignment with the contracting official or the head of the agency, the surety on a bond on the contract, and any disbursing official for the contract.
**(d)** During a war or national emergency proclaimed by the President or declared by law and ended by proclamation or law, a contract with the Department of Defense, the General Services Administ
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3727
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority**
(1) **In general** — The head of an executive agency may apply the provisions of law listed in paragraph (2) to a procurement referred to in [section 422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section422&num=0&edition=prelim) without regard to whether the property or services are commercial items.
(2) **Commercial item laws** — The provisions of law referred to in paragraph (1) are as follows:
(A) Sections 1901 and 1906 of title 41.
(B) [Section 3205 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3205&num=0&edition=prelim).
(C) [Section 3305 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3305&num=0&edition=prelim).
**(b) Inapplicability of limitation on use of simplified acquisition procedures**
(1) **In general** — The $5,000,000 limitation provided in [section 1901(a)(2) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901/a/2&num=0&edition=prelim), [section 3205(a)(2) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3205/a/2&num=0&edition=prelim), and [section 3305(a)(2) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3305/a/2&num=0&edition=prelim) shall not apply to purchases of property or services to which any of the provisions of law referred to in subsection (a) are applied under the authority of this section.
(2) **OMB guidance** — The Director of the Office of Management and Budget shall issue guidance and procedures for the use of simplified acquisition procedures for a purchase of property or services in excess of $5,000,000 under the authority of this section.
**(c) Continuation
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 444
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** All actions under the authority of this chapter shall be made a matter of public record under regulations prescribed by the President and when deemed by him not to be detrimental to the national security.
**(b)** All contracts entered into, amended, or modified pursuant to authority contained in this chapter shall include a clause to the effect that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment, have access to and the right to examine any directly pertinent books, documents, papers, and records of the contractor or any of his subcontractors engaged in the performance of and involving transactions related to such contracts or subcontracts. Under regulations to be prescribed by the President, however, such clause may be omitted from contracts with foreign contractors or foreign subcontractors if the agency head determines, with the concurrence of the Comptroller General of the United States or his designee, that the omission will serve the best interests of the United States. However, the concurrence of the Comptroller General of the United States or his designee is not required for the omission of such clause—
(1) where the contractor or subcontractor is a foreign government or agency thereof or is precluded by the laws of the country involved from making its books, documents, papers, or records available for examination; and
(2) where the agency head determines, after taking into account the price and availability of the property or services from United States sources, that the public interest would be best served by the omission of the clause.
If the clause is omitted based on a determination under clause (2), a written report shall be furnished to the
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1433
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Federal law — U.S. Code and appendices · legal_authorities
The authorities provided in this part apply to any procurement of property or services by or for an executive agency that, as determined by the head of the executive agency, are to be used to facilitate defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack, but only if a solicitation of offers for the procurement is issued during the 1-year period beginning on November 25, 2002.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 441
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Individual or Class Determinations and Decisions Authorized.—** Determinations and decisions required to be made under any chapter 137 legacy provision by the head of an agency may be made for an individual purchase or contract or, except to the extent expressly prohibited by another provision of law, for a class of purchases or contracts. Such determinations and decisions are final.
**(b) Written Findings Required.—**
(1) Each determination or decision under section 3531(a), 3803, or 3841(c)(2)(B) of this title shall be based on a written finding by the person making the determination or decision. The finding shall set out facts and circumstances that support the determination or decision.
(2) Each finding referred to in paragraph (1) is final. The head of the agency making such finding shall maintain a copy of the finding for not less than 6 years after the date of the determination or decision.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4751
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Certification Requirement.—** A request for equitable adjustment to contract terms or request for relief under Public Law 85–804 ([50 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1431&num=0&edition=prelim) et seq.) that exceeds the simplified acquisition threshold may not be paid unless a person authorized to certify the request on behalf of the contractor certifies, at the time the request is submitted, that—
(1) the request is made in good faith, and
(2) the supporting data are accurate and complete to the best of that person’s knowledge and belief.
**(b) Restriction on Legislative Payment of Claims.—** In the case of a contract of an agency named in [section 3063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3063&num=0&edition=prelim), no provision of a law enacted after September 30, 1994, that directs the payment of a particular claim under such contract, a particular request for equitable adjustment to any term of such contract, or a particular request for relief under Public Law 85–804 ([50 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1431&num=0&edition=prelim) et seq.) regarding such contract may be implemented unless such provision of law—
(1) specifically refers to this subsection; and
(2) specifically states that this subsection does not apply with respect to the payment directed by that provision of law.
**(c) Treatment of Certain Clauses Implementing Executive Orders.—** The unilateral insertion of a covered clause into an existing Department of Defense contract, order, or other transaction by a contracting officer shall be treated as a change directed by the contracting officer pursuant to, and subject to, the Cha
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3862
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