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10 U.S.C. § 3741 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Compensation.—** — The term “compensation”, for a year, means the total amount of wages, salary, bonuses and deferred compensation for the year, whether paid, earned, or otherwise accruing, as recorded in an employer’s cost accounting records for the year.
(2) **Covered contract.—** — The term “covered contract” means a contract for an amount in excess of $500,000 that is entered into by the head of an agency, except that such term does not include a fixed-price contract without cost incentives or any firm fixed-price contract for the purchase of commercial products or commercial services.
(3) **Fiscal year.—** — The term “fiscal year” means a fiscal year established by a contractor for accounting purposes.
(4) **Head of the agency.—** — The term “head of the agency” or “agency head” does not include the Secretary of a military department.
(5) **Agency.—** — The term “agency” means the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration.
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Source location: Title 10, Chapter 273, § 3741; chapter-273-allowable-costs.md
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In this subchapter:
(1) **Compensation.—** — The term “compensation”, for a year, means the total amount of wages, salary, bonuses and deferred compensation for the year, whether paid, earned, or otherwise accruing, as recorded in an employer’s cost accounting records for the year.
(2) **Covered contract.—** — The term “covered contract” means a contract for an amount in excess of $500,000 that is entered into by the head of an agency, except that such term does not include a fixed-price contract without cost incentives or any firm fixed-price contract for the purchase of commercial products or commercial services.
(3) **Fiscal year.—** — The term “fiscal year” means a fiscal year established by a contractor for accounting purposes.
(4) **Head of the agency.—** — The term “head of the agency” or “agency head” does not include the Secretary of a military department.
(5) **Agency.—** — The term “agency” means the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 99–145, title IX, § 911(a)(1), Nov. 8, 1985, 99 Stat. 682; amended Pub. L. 99–190, § 101(b) [title VIII, § 8112(a)], Dec. 19, 1985, 99 Stat. 1185, 1223; Pub. L. 100–26, § 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 100–180, div. A, title VIII, § 805(a), Dec. 4, 1987, 101 Stat. 1126; Pub. L. 100–370, § 1(f)(2)(A), (3)(A), July 19, 1988, 102 Stat. 846; Pub. L. 100–456, div. A, title III, § 322(a), title VIII, §§ 826(a), 832(a), Sept. 29, 1988, 102 Stat. 1952, 2022, 2023; Pub. L. 100–463, title VIII, § 8105(a), Oct. 1, 1988, 102 Stat. 2270–36; Pub. L. 100–526, title I, § 106(a)(2), Oct. 24, 1988, 102 Stat. 2625; Pub. L. 100–700, § 8(b), Nov. 19, 1988, 102 Stat. 4636; Pub. L. 101–189, div. A, title III, § 311(a)(1), title VIII, § 853(a)(1), (b)(3), Nov. 29, 1989, 103 Stat. 1411, 1518; Pub. L. 101–510, div. A, title XIII, § 1301(10), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 102–190, div. A, title III, § 346(a), Dec. 5, 1991, 105 Stat. 1346; Pub. L. 102–484, div. A, title VIII, § 818(a), title X, § 1052(26), title XIII, § 1352(b), Oct. 23, 1992, 106 Stat. 2457, 2500, 2559; Pub. L. 103–355, title II, § 2101(a)–(d), Oct. 13, 1994, 108 Stat. 3306–3308; Pub. L. 104–106, div. D, title XLIII, § 4321(a)(5), (b)(9), Feb. 10, 1996, 110 Stat. 671, 672; Pub. L. 105–85, div. A, title VIII, § 808(a), Nov. 18, 1997, 111 Stat. 1836; Pub. L. 105–261, div. A, title VIII, § 804(a), Oct. 17, 1998, 112 Stat. 2083; Pub. L. 111–350, § 5(b)(19), Jan. 4, 2011, 124 Stat. 3844; Pub. L. 112–81, div. A, title VIII, § 803(a), (b), Dec. 31, 2011, 125 Stat. 1485; Pub. L. 112–239, div. A, title VIII, § 827(g), Jan. 2, 2013, 126 Stat. 1836; Pub. L. 113–66, div. A, title VIII, § 811(a), Dec. 26, 2013, 127 Stat. 806; Pub. L. 113–67, div. A, title VII, § 702(a)(2), De
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2324
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
The President may award, and present in the name of Congress, a medal of honor of appropriate design, with ribbons and appurtenances, to a person who while a member of the Army, distinguished himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty—
(1) while engaged in an action against an enemy of the United States;
(2) while engaged in military operations involving conflict with an opposing foreign force; or
(3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7271
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations.—** The Secretary of Defense shall prescribe regulations governing the payment by the Department of Defense of expenses incurred by contractors for bid and proposal costs. Such regulations shall provide that expenses incurred for bid and proposal costs shall be reported independently from other allowable indirect costs.
**(b) Costs Allowable as Indirect Expenses.—** The regulations prescribed under subsection (a) shall provide that bid and proposal costs shall be allowable as indirect expenses on covered contracts, as defined in [section 3741 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3741&num=0&edition=prelim), to the extent that those costs are allocable, reasonable, and not otherwise unallowable by law or under the Federal Acquisition Regulation.
**(c) Goal for Reimbursable Bid and Proposal Costs.—** The Secretary shall establish a goal each fiscal year limiting the amount of reimbursable bid and proposal costs paid by the Department of Defense to an amount equal to not more than one percent of the total aggregate industry sales to the Department of Defense. To achieve such goal, the Secretary may not limit the payment of allowable bid and proposal costs for the covered year.
**(d) Panel.—**
(1) If the Department of Defense exceeds the goal established under subsection (c) for a fiscal year, within 180 days after exceeding the goal, the Secretary shall establish an advisory panel. The panel shall be supported by the Defense Acquisition University and the National Defense University, including administrative support.
(2) The panel shall be composed of nine individuals who are recognized experts in acquisition and procurement policy appointed by the Secretary. In making such appointments, the Secret
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3763
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Federal law — U.S. Code and appendices · legal_authorities
The President shall provide for the presentation of the Medal of Honor Flag designated under [section 903 of title 36](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title36-section903&num=0&edition=prelim) to each person to whom a medal of honor is awarded under [section 7271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7271&num=0&edition=prelim). Presentation of the flag shall be made at the same time as the presentation of the medal under section 7271 or 7282(a) of this title. In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7285
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Benchmark compensation amount.—** — The term “benchmark compensation amount”, for a fiscal year, is the median amount of the compensation provided for all senior executives of all benchmark corporations for the most recent year for which data is available at the time the determination under subsection (b) is made.
(2) **Benchmark corporation.—** — The term “benchmark corporation”, with respect to a fiscal year, means a publicly-owned United States corporation that has annual sales in excess of $50,000,000 for the fiscal year.
(3) **Compensation.—** — The term “compensation”, for a fiscal year, means the total amount of wages, salary, bonuses, and deferred compensation for the fiscal year, whether paid, earned, or otherwise accruing, as recorded in an employer’s cost accounting records for the fiscal year.
(4) **Fiscal year.—** — The term “fiscal year” means a fiscal year a contractor establishes for accounting purposes.
(5) **Publicly-owned united states corporation.—** — The term “publicly-owned United States corporation” means a corporation—
(A) organized under the laws of a State of the United States, the District of Columbia, Puerto Rico, or a possession of the United States; and
(B) whose voting stock is publicly traded.
(6) **Senior executives.—** — The term “senior executives”, with respect to a contractor, means the 5 most highly compensated employees in management positions at each home office and each segment of the contractor.
**(b) Determining Benchmark Compensation Amount.—** For purposes of [section 4304(a)(16) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4304/a/16&num=0&edition=prelim) and [section 3744(a)(16) of title 10](https://uscode.house.gov/view.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1127
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Federal law — U.S. Code and appendices · legal_authorities
Page 2537
TITLE 10—ARMED FORCES
§ 3743
Sec.
3744.
Specific costs not allowable.
3745.
Required regulations.
3746.
Applicability of regulations to subcontrac-
tors.
3747.
Contractor certification.
3748.
Penalties for submission of cost known as not
allowable.
3749.
Burden of proof on contractor.
3750.
Proceeding costs not allowable.
§ 3741. Definitions
In this subchapter:
(1) COMPENSATION.—The term ‘‘compensa-
tion’’, for a year, means the total amount of
wages, salary, bonuses and deferred compensa-
tion for the year, whether paid, earned, or oth-
erwise accruing, as recorded in an employer’s
cost accounting records for the year.
(2) COVERED CONTRACT.—The term ‘‘covered
contract’’ means a contract for an amount in
excess of $500,000 that is entered into by the
head of an agency, except that such term does
not include a fixed-price contract without cost
incentives or any firm fixed-price contract for
the purchase of commercial products or com-
mercial services.
(3) FISCAL
YEAR.—The term ‘‘fiscal year’’
means a fiscal year established by a con-
tractor for accounting purposes.
(4) HEAD OF THE AGENCY.—The term ‘‘head of
the agency’’ or ‘‘agency head’’ does not in-
clude the Secretary of a military department.
(5) AGENCY.—The term ‘‘agency’’ means the
Department of Defense, the Coast Guard, and
the National Aeronautics and Space Adminis-
tration.
(Added and amended Pub. L. 116–283, div. A, title
XVIII, § 1832(a), (b)(1)–(3), Jan. 1, 2021, 134 Stat.
4218.)
Editorial Notes
CODIFICATION
The text of pars. (1)(A), (2)–(4), and (6) of subsec. (l) of
section 2324 of this title, which were transferred to this
section and amended by Pub. L. 116–283, § 1832(b)(1)–(3),
was based on Pub. L. 103–355, title II, § 2101(d), Oct. 13,
1994, 108 Stat
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3741
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