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41 U.S.C. § 4706 — Examination of facilities and records of contractor
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section, the term “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether the items are in written form, in the form of computer data, or in any other form.
**(b) Agency Authority.—**
(1) **Inspection of plant and audit of records.—** — The head of an executive agency, acting through an authorized representative, may 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 those contracts, the executive agency makes under this division; and
(B) a subcontractor performing a cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable subcontract, or any combination of those subcontracts, under a contract referred to in subparagraph (A).
(2) **Examination of records.—** — The head of an executive agency, acting through an authorized representative, may, for the purpose of evaluating the accuracy, completeness, and currency of certified cost or pricing data required to be submitted pursuant to chapter 35 of this title with respect to a contract or subcontract, 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) Subpoena Power.—**
(1) **Authority to require the production of records.—** — The Inspector General of an executive agency appointed under section 403 or 415 of title 5 or, on request of the head of an executive agency, the Director of the Defense Contract Audit Agency
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Stable record: federal_law:legal_authorities:record_usc_eff505a4c2dc8a819a08bbe7
Source file: Laws/federal/codes/united-states-code/title-41/section-4706-examination-of-facilities-and-records-of-contractor--e45c84935e.md
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Source location: Title 41, Chapter 47, § 4706; chapter-047-chapter-47.md
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**(a) Definition.—** In this section, the term “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether the items are in written form, in the form of computer data, or in any other form.
**(b) Agency Authority.—**
(1) **Inspection of plant and audit of records.—** — The head of an executive agency, acting through an authorized representative, may 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 those contracts, the executive agency makes under this division; and
(B) a subcontractor performing a cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable subcontract, or any combination of those subcontracts, under a contract referred to in subparagraph (A).
(2) **Examination of records.—** — The head of an executive agency, acting through an authorized representative, may, for the purpose of evaluating the accuracy, completeness, and currency of certified cost or pricing data required to be submitted pursuant to chapter 35 of this title with respect to a contract or subcontract, 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) Subpoena Power.—**
(1) **Authority to require the production of records.—** — The Inspector General of an executive agency appointed under section 403 or 415 of title 5 or, on request of the head of an executive agency, the Director of the Defense Contract Audit Agency (or any successor agency) of the Department of Defense or the Inspector General of the General Services Administration may require by subpoena the production of records of a contractor, access to which is provided for that executive agency by subsection (b).
(2) **Enforcement of subpoena.—** — A subpoena under paragraph (1), in the case of contumacy or refusal to obey, is enforceable by order of an appropriate United States district court.
(3) **Authority not delegable.—** — The authority provided by paragraph (1) may not be delegated.
(4) **Report.—** — In the year following a year in which authority provided in paragraph (1) is exercised for an executive agency, the head of the executive agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on the exercise of the authority during the preceding year and the reasons why the authority was exercised in any instance.
**(d) Authority of Comptroller General.—**
(1) **In general.—** — Except as provided in paragraph (2), each contract awarded after using procedures other than sealed bid procedures shall provide that the Comptroller General and representatives of the Comptroller General may examine records of the contractor, or any of its subcontractors, that directly pertain to, and involve transactions relating to, the contract or subcontract and to interview any current employee regarding the transactions.
(2) **Exception for foreign contractor or subcontractor.—** — Paragraph (1) does not apply to a contract or subcontract with a foreign contractor or foreign subcontractor if the executive agency concerned determines, with the concurrence of the Comptroller General or the designee of the Comptroller General, that applying paragraph (1) to the contract or subcontract would not be in the public interest. The concurrence of the Comptroller General or the designee is not required when—
(A) the contractor or subcontractor is—
(i) the government of a foreign country or an agency of that government; or
(ii) precluded by the laws of the country involved from making its records available for examination; and
(B) the executive agency determines, after taking into account the price and availability of the property and services from United States sources, that the public interest would be best served by not applying paragraph (1).
(3) **Additional records not required.—** — Paragraph (1) does not require a contractor or subcontractor to create or maintain a record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to another law.
**(e) Limitation on Audits Relating to Indirect Costs.—** An executive agency may not perform an audit of indirect costs under a contract, subcontract, or modification before or after entering into the contract, subcontract, or modification when the contracting officer determines that the objectives of the audit can reasonably be met by accepting the results of an audit that was conducted by another department or agency of the Federal Government within one year preceding the date of the contracting officer’s determination.
**(f) Expiration of Authority.—** The authority of an executive agency under subsection (b) and the authority of the Comptroller General under subsection (d) shall expire 3 years after final payment under the contract or subcontract.
**(g) Inapplicability to Certain Contracts.—** This section does not apply to the following contracts:
(1) Contracts for utility services at rates not exceeding those established to apply uniformly to the public, plus any applicable reasonable connection charge.
(2) A contract or subcontract that is not greater than the simplified acquisition threshold.
**(h) Electronic Form Allowed.—** This section does not preclude a contractor from duplicating or storing original records in electronic form.
**(i) Original Records Not Required.—** An executive agency shall not require a contractor or subcontractor to provide original records in an audit carried out pursuant to this section if the contractor or subcontractor provides photographic or electronic images of the original records and meets the following requirements:
(1) **Preservation procedures established.—** — The contractor or subcontractor has established procedures to ensure that the imaging process preserves the integrity, reliability, and security of the original records.
(2) **Indexing system maintained.—** — The contractor or subcontractor maintains an effective indexing system to permit timely and convenient access to the imaged records.
(3) **Original records retained.—** — The contractor or subcontractor retains the original records for a minimum of one year after imaging to permit periodic validation of the imaging systems.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Emerging and Continuing Threats Coordinator** The Director shall designate or appoint a United States Emerging and Continuing Threats Coordinator to perform the duties of that position described in this section and such other duties as may be determined by the Director. For purposes of carrying out the previous sentence, the Director shall designate or appoint an appointee in the Senior Executive Service or an appointee in a position at level 15 of the General Schedule (or equivalent).
**(b) Emerging Threats Committee**
(1) **In general** — The Emerging Threats Committee shall—
(A) monitor evolving and emerging drug threats in the United States;
(B) identify and discuss evolving and emerging drug trends in the United States using the criteria required to be established under paragraph (6);
(C) assist in the formulation of and oversee implementation of any plan described in subsection (d);
(D) provide such other advice to the Coordinator and Director concerning strategy and policies for emerging drug threats and trends as the Committee determines to be appropriate; and
(E) disseminate and facilitate the sharing with Federal, State, local, and Tribal officials and other entities as determined by the Director of pertinent information and data relating to—
(i) recent trends in drug supply and demand;
(ii) fatal and nonfatal overdoses;
(iii) demand for and availability of evidence-based substance use disorder treatment, including the extent of the unmet treatment need, and treatment admission trends;
(iv) recent trends in drug interdiction, supply, and demand from State, local, and Tribal law enforcement agencies; and
(v) other subject matter as determined necessary by the Director.
(2) **Chairperson** — The Director shall des
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1708
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Definitions** — In this subsection:
(A) *Director* — The term “Director” means the Director of the Office on Violence Against Women.
(B) *National media campaign* — The term “national media campaign” means the national “Choose Respect” media campaign described in paragraph (2).
(2) **Media campaign** — The Director shall, to the extent feasible and appropriate, conduct a national “Choose Respect” media campaign in accordance with this section for the purposes of—
(A) preventing and discouraging violence against women, including domestic violence, dating violence, sexual assault, and stalking by targeting the attitudes, perceptions, and beliefs of individuals who have or are likely to commit such crimes;
(B) encouraging victims of the crimes described in subparagraph (A) to seek help through the means determined to be most effective by the most current evidence available, including seeking legal representation; and
(C) informing the public about the help available to victims of the crimes described in subparagraph (A).
(3) **Use of funds**
(A) *In general* — Amounts made available to carry out this section for the national media campaign may only be used for the following:
(i) The purchase of media time and space, including the strategic planning for, tracking, and accounting of, such purchases.
(ii) Creative and talent costs, consistent with subparagraph (B).
(iii) Advertising production costs, which may include television, radio, internet, social media, and other commercial marketing venues.
(iv) Testing and evaluation of advertising.
(v) Evaluation of the effectiveness of the national media campaign.
(vi) Costs of contracts to carry out activities authorized by this subsection.
(vii) Partnerships with profes
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 20131
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Authority** — In conducting and supporting research and development activities regarding countermeasures under [section 247d–6(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d–6/e&num=0&edition=prelim), the Secretary may conduct and support such activities in accordance with this section and, in consultation with the Director of the National Institutes of Health, as part of the program under [section 285f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section285f&num=0&edition=prelim), if the activities concern qualified countermeasures.
(2) **Definitions** — In this section:
(A) *Qualified countermeasure* — The term “qualified countermeasure” means a drug (as that term is defined by [section 321(g)(1) of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321/g/1&num=0&edition=prelim)), biological product (as that term is defined by [section 262(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262/i&num=0&edition=prelim)), or device (as that term is defined by [section 321(h) of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321/h&num=0&edition=prelim)), that the Secretary determines to be a priority (consistent with sections 182(2) and 184(a) of title 6)—
(i) to diagnose, mitigate, prevent, or treat harm from any biological agent (including organisms that cause an infectious disease) or toxin, chemical, radiological, or nuclear agent that may cause a public health emergency affecting national security;
(ii) to diagnose, mitigate, prevent, or treat harm from a condition that may result in adverse health consequences or death and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d–6a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Strategic National Stockpile**
(1) **In general** — The Secretary, in collaboration with the Assistant Secretary for Preparedness and Response and the Director of the Centers for Disease Control and Prevention, and in coordination with the Secretary of Homeland Security (referred to in this section as the “Homeland Security Secretary”), shall maintain a stockpile or stockpiles of drugs, vaccines and other biological products, medical devices, and other supplies (including personal protective equipment, ancillary medical supplies, and other applicable supplies required for the administration of drugs, vaccines and other biological products, medical devices, and diagnostic tests in the stockpile) in such numbers, types, and amounts as are determined consistent with [section 300hh–10 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300hh-10&num=0&edition=prelim) by the Secretary to be appropriate and practicable, taking into account other available sources, to provide for and optimize the emergency health security of the United States, including the emergency health security of children and other vulnerable populations, in the event of a bioterrorist attack or other public health emergency and, as informed by existing recommendations of, or consultations with, the Public Health Emergency Medical Countermeasure Enterprise established under [section 300hh–10a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300hh-10a&num=0&edition=prelim), make necessary additions or modifications to the contents of such stockpile or stockpiles based on the review conducted under paragraph (2).
(2) **Threat-based review**
(A) *In general* — The Secretary shall conduct an annual threat-based review
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d–6b
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Federal law — U.S. Code and appendices · legal_authorities
Page 141
TITLE 41—PUBLIC CONTRACTS
§ 4706
1 See References in Text note below.
substantial violation of law related to a con-
tract (including the competition for, or negotia-
tion of, a contract).
(c) INVESTIGATION
OF COMPLAINTS.—An indi-
vidual who believes that the individual has been
subjected to a reprisal prohibited by subsection
(b) may submit a complaint to the Inspector
General of the executive agency. Unless the In-
spector General determines that the complaint
is frivolous, the Inspector General shall inves-
tigate the complaint and, on completion of the
investigation, submit a report of the findings of
the investigation to the individual, the con-
tractor concerned, and the head of the agency. If
the executive agency does not have an Inspector
General, the duties of the Inspector General
under this section shall be performed by an offi-
cial designated by the head of the executive
agency.
(d) REMEDY AND ENFORCEMENT AUTHORITY.—
(1) ACTIONS CONTRACTOR MAY BE ORDERED TO
TAKE.—If the head of an executive agency de-
termines that a contractor has subjected an
individual to a reprisal prohibited by sub-
section (b), the head of the executive agency
may take one or more of the following actions:
(A) ABATEMENT.—Order the contractor to
take affirmative action to abate the re-
prisal.
(B) REINSTATEMENT.—Order the contractor
to reinstate the individual to the position
that the individual held before the reprisal,
together with the compensation (including
back pay), employment benefits, and other
terms and conditions of employment that
would apply to the individual in that posi-
tion if the reprisal had not been taken.
(C) PAYMENT.—Order the contractor to pay
the complainant an amount equal to the ag-
gregate amount of all costs and expenses (
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 4706
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.