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10 U.S.C. § 2406 — Untitled legal text
Federal law — U.S. Code and appendices · legal_authorities
Page 1923
TITLE 10—ARMED FORCES
[§ 2406
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
For effective date and applicability of repeal, see sec-
tion 4401 of Pub. L. 104–106, set out as an Effective Date
of 1996 Amendment note under section 2220 of this title.
[§ 2398. Renumbered § 2922c]
[§ 2398a. Renumbered § 2922d]
[§ 2399. Renumbered § 4171]
Editorial Notes
PRIOR PROVISIONS
A prior section 2399, added Pub. L. 97–295, § 1(29)(A),
Oct. 12, 1982, 96 Stat. 1293, which related to limitation
on availability of appropriations to reimburse a con-
tractor for the cost of commercial insurance, was re-
pealed by Pub. L. 100–370, § 1(f)(2)(B), July 19, 1988, 102
Stat. 846, and was restated in section 2324(e)(1)(L) of
this title (now 10 U.S.C. 3744(a)(12)) by section 1(f)(2)(A)
of Pub. L. 100–370.
[§ 2400. Renumbered § 4231]
Editorial Notes
PRIOR PROVISIONS
A prior section 2400 was renumbered section 4864 of
this title.
[§ 2401. Transferred]
Editorial Notes
CODIFICATION
Subsecs. (a) to (h) of this section were transferred to
chapter 257 of this title by Pub. L. 116–283, div. A, title
XVIII, § 1825(a), Jan. 1, 2021, 134 Stat. 4205. Subsecs. (a)
and (b) of this section were renumbered as section 3671
of this title by Pub. L. 116–283, div. A, title XVIII,
§ 1825(b), Jan. 1, 2021, 134 Stat. 4206. Subsec. (c)(1) of this
section was renumbered as section 3672(a) of this title
by Pub. L. 116–283, div. A, title XVIII, § 1825(d), Jan. 1,
2021, 134 Stat. 4207. Subsec. (c)(2) of this section was re-
numbered as section 3673 of this title by Pub. L. 116–283,
div. A, title XVIII, § 1825(c), Jan. 1, 2021, 134 Stat. 4206.
Subsec. (d) of this section was renumbered as section
3674 of this title by Pub. L. 116–283, div. A, title XVIII,
§ 1825(f)(
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Page 1923
TITLE 10—ARMED FORCES
[§ 2406
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
For effective date and applicability of repeal, see sec-
tion 4401 of Pub. L. 104–106, set out as an Effective Date
of 1996 Amendment note under section 2220 of this title.
[§ 2398. Renumbered § 2922c]
[§ 2398a. Renumbered § 2922d]
[§ 2399. Renumbered § 4171]
Editorial Notes
PRIOR PROVISIONS
A prior section 2399, added Pub. L. 97–295, § 1(29)(A),
Oct. 12, 1982, 96 Stat. 1293, which related to limitation
on availability of appropriations to reimburse a con-
tractor for the cost of commercial insurance, was re-
pealed by Pub. L. 100–370, § 1(f)(2)(B), July 19, 1988, 102
Stat. 846, and was restated in section 2324(e)(1)(L) of
this title (now 10 U.S.C. 3744(a)(12)) by section 1(f)(2)(A)
of Pub. L. 100–370.
[§ 2400. Renumbered § 4231]
Editorial Notes
PRIOR PROVISIONS
A prior section 2400 was renumbered section 4864 of
this title.
[§ 2401. Transferred]
Editorial Notes
CODIFICATION
Subsecs. (a) to (h) of this section were transferred to
chapter 257 of this title by Pub. L. 116–283, div. A, title
XVIII, § 1825(a), Jan. 1, 2021, 134 Stat. 4205. Subsecs. (a)
and (b) of this section were renumbered as section 3671
of this title by Pub. L. 116–283, div. A, title XVIII,
§ 1825(b), Jan. 1, 2021, 134 Stat. 4206. Subsec. (c)(1) of this
section was renumbered as section 3672(a) of this title
by Pub. L. 116–283, div. A, title XVIII, § 1825(d), Jan. 1,
2021, 134 Stat. 4207. Subsec. (c)(2) of this section was re-
numbered as section 3673 of this title by Pub. L. 116–283,
div. A, title XVIII, § 1825(c), Jan. 1, 2021, 134 Stat. 4206.
Subsec. (d) of this section was renumbered as section
3674 of this title by Pub. L. 116–283, div. A, title XVIII,
§ 1825(f)(1), Jan. 1, 2021, 134 Stat. 4207. Subsec. (e) of this
section was renumbered as section 3672(b) of this title
by Pub. L. 116–283, div. A, title XVIII, § 1825(e), Jan. 1,
2021, 134 Stat. 4207. Subsec. (f) of this section was re-
numbered as section 3675 of this title by Pub. L. 116–283,
div. A, title XVIII, § 1825(g)(1), Jan. 1, 2021, 134 Stat.
4208. Subsec. (g) of this section was renumbered as sec-
tion 3676 of this title by Pub. L. 116–283, div. A, title
XVIII, § 1825(h), Jan. 1, 2021, 134 Stat. 4208. Subsec. (h)
of this section was renumbered as section 3677 of this
title by Pub. L. 116–283, div. A, title XVIII, § 1825(i), Jan.
1, 2021, 134 Stat. 4208.
[§ 2401a. Transferred]
Editorial Notes
CODIFICATION
Subsec. (a) of this section was transferred to chapter
258 of this title and subsec. (b) of this section was
transferred to chapter 257 of this title by Pub. L.
116–283, div. A, title XVIII, § 1825(a), Jan. 1, 2021, 134
Stat. 4205. Subsec. (a) of this section was renumbered as
section 3681 of this title by Pub. L. 116–283, div. A, title
XVIII, § 1825(k), Jan. 1, 2021, 134 Stat. 4208. Subsec. (b)
of this section was renumbered as section 3678 of this
title by Pub. L. 116–283, div. A, title XVIII, § 1825(j), Jan.
1, 2021, 134 Stat. 4208.
PRIOR PROVISIONS
A prior section 2401a was renumbered section 2350f of
this title.
[§ 2402. Renumbered § 4655]
[§ 2403. Repealed. Pub. L. 105–85, div. A, title VIII,
§ 847(a), Nov. 18, 1997, 111 Stat. 1845]
Section, added Pub. L. 98–525, title XII, § 1234(a), Oct.
19, 1984, 98 Stat. 2601; amended Pub. L. 99–433, title I,
§ 110(g)(5), Oct. 1, 1986, 100 Stat. 1004; Pub. L. 100–26,
§ 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 103–355, title
II, § 2402, Oct. 13, 1994, 108 Stat. 3324; Pub. L. 104–106, div.
A, title XV, § 1502(a)(21), Feb. 10, 1996, 110 Stat. 505, re-
lated to major weapon systems and contractor guaran-
tees.
[§ 2404. Renumbered § 2922e]
[§ 2405. Repealed. Pub. L. 105–85, div. A, title VIII,
§ 810(a)(1), Nov. 18, 1997, 111 Stat. 1839]
Section, added Pub. L. 98–525, title XII, § 1234(a), Oct.
19, 1984, 98 Stat. 2604; amended Pub. L. 102–484, div. A,
title VIII, § 813(c), Oct. 23, 1992, 106 Stat. 2453; Pub. L.
103–355, title II, § 2302(a), (b), Oct. 13, 1994, 108 Stat. 3321;
Pub. L. 104–106, div. D, title XLIII, § 4321(b)(14), Feb. 10,
1996, 110 Stat. 673, related to limitation on adjustment
of shipbuilding contracts.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Pub. L. 105–85, div. A, title VIII, § 810(b), Nov. 18, 1997,
111 Stat. 1839, provided that:
‘‘(1) Except as provided in paragraph (2), the repeal
made by subsection (a) [repealing this section] shall be
effective with respect to claims, requests for equitable
adjustment, and demands for payment under ship-
building contracts that have been or are submitted be-
fore, on, or after the date of the enactment of this Act
[Nov. 18, 1997].
‘‘(2) Section 2405 of title 10, United States Code, as in
effect immediately before the date of the enactment of
this Act, shall continue to apply to a contractor’s
claim, request for equitable adjustment, or demand for
payment under a shipbuilding contract that was sub-
mitted before such date if—
‘‘(A) a contracting officer denied the claim, request,
or demand, and the period for appealing the decision
to a court or board under the Contract Disputes Act
of 1978 [see 41 U.S.C. 7101 et seq.] expired before such
date;
‘‘(B) a court or board of contract appeals consid-
ering the claim, request, or demand (including any
appeal of a decision of a contracting officer to deny
the claim, request, or demand) denied or dismissed
the claim, request, or demand (or the appeal), and the
action of the court or board became final and
unappealable before such date; or
‘‘(C) the contractor released or releases the claim,
request, or demand.’’
[§ 2406. Repealed. Pub. L. 103–355, title II,
§ 2201(b)(1), Oct. 13, 1994, 108 Stat. 3318]
Section, added Pub. L. 99–145, title IX, § 917(a), Nov. 8,
1985, 99 Stat. 689; amended Pub. L. 99–500, § 101(c) [title
X, § 943(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–162,
and Pub. L. 99–591, § 101(c) [title X, § 943(a)(1)], Oct. 30,
1986, 100 Stat. 3341–82, 3341–162; Pub. L. 99–661, div. A,
title IX, formerly title IV, § 943(a)(1), Nov. 14, 1986, 100
Stat. 3942, renumbered title IX, Pub. L. 100–26, § 3(5),
Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–180, div. A, title
XII, § 1231(13), Dec. 4, 1987, 101 Stat. 1160, required con-
tractor under covered contract with an agency to make
cost and pricing data available to agency in timely
manner.
Page 1924
TITLE 10—ARMED FORCES
[§ 2407
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
For effective date and applicability of repeal, see sec-
tion 10001 of Pub. L. 103–355, set out as an Effective
Date of 1994 Amendment note under section 8752 of this
title.
[§ 2407. Renumbered § 2350b]
Statutory Notes and Related Subsidiaries
NATO COOPERATIVE LOGISTIC SUPPORT AGREEMENTS
Pub. L. 99–661, div. A, title XI, § 1102, Nov. 14, 1986, 100
Stat. 3961, which authorized Secretary of Defense to
enter Weapon System Partnership Agreements with
one or more governments of other member countries of
NATO, was repealed by Pub. L. 101–189, div. A, title IX,
§ 931(d)(2), Nov. 29, 1989, 103 Stat. 1535. See section 2350d
of this title.
NATO COOPERATIVE RESEARCH AND DEVELOPMENT
Pub. L. 99–145, title XI, § 1103, Nov. 8, 1985, 99 Stat. 712,
which urged and requested member nations of NATO to
cooperate in research and development of defense
equipment and munitions and in the production of de-
fense equipment, was repealed by Pub. L. 101–189, div.
A, title IX, § 931(d)(1), Nov. 29, 1989, 103 Stat. 1535. See
section 2350a of this title.
AUTHORITY OF SECRETARY OF DEFENSE IN CONNECTION
WITH NATO AWACS PROGRAM
Pub. L. 97–86, title I, § 103, Dec. 1, 1981, 95 Stat. 1100,
as amended by Pub. L. 97–252, title I, § 106, Sept. 8, 1982,
96 Stat. 720; Pub. L. 98–94, title I, § 105, Sept. 24, 1983, 97
Stat. 620; Pub. L. 98–525, title I, § 106, Oct. 19, 1984, 98
Stat. 2503; Pub. L. 99–145, title I, § 106(b), Nov. 8, 1985, 99
Stat. 596; Pub. L. 99–661, title I, § 106, Nov. 14, 1986, 100
Stat. 3827; Pub. L. 100–180, title I, § 109, Dec. 4, 1987, 101
Stat. 1036, which set forth authority of Secretary of De-
fense in connection with NATO AWACS Program, was
repealed by Pub. L. 101–189, div. A, title IX, § 932(b),
Nov. 29, 1989, 103 Stat. 1537. See section 2350e of this
title. Similar provisions were contained in the fol-
lowing prior authorization acts:
Pub. L. 96–342, title I, § 103, Sept. 8, 1980, 94 Stat. 1078.
Pub. L. 96–107, title I, § 104, Nov. 9, 1979, 93 Stat. 804.
[§ 2408. Renumbered § 4656]
[§ 2409. Renumbered § 4701]
[§ 2409a. Renumbered § 4702]
Editorial Notes
PRIOR PROVISIONS
A prior section 2409a, added Pub. L. 101–510, div. A,
title VIII, § 837(a)(1), Nov. 5, 1990, 104 Stat. 1616; amend-
ed Pub. L. 102–25, title VII, § 701(j)(4), (k)(2), Apr. 6, 1991,
105 Stat. 116, 117, which required promulgation of regu-
lations prohibiting defense contractor from discharging
or discriminating against employee for disclosing to
Government official information concerning contract
between contractor and Department of Defense evi-
dencing violation of Federal law or regulation and pro-
viding certain complaint and investigation provisions
and provided procedures for review and enforcement,
was repealed by Pub. L. 103–355, title VI, § 6005(b)(1),
Oct. 13, 1994, 108 Stat. 3365. For effective date and appli-
cability of repeal, see section 10001 of Pub. L. 103–355,
set out as an Effective Date of 1994 Amendment note
under section 8752 of this title.
[§ 2410. Renumbered § 3862]
Editorial Notes
PRIOR PROVISIONS
A prior section 2410, added Pub. L. 100–370, § 1(h)(2),
July 19, 1988, 102 Stat. 847, provided that contract
claims, requests for equitable adjustments, requests for
relief under section 1431 et seq. of Title 50, War and Na-
tional Defense, and other similar requests by contrac-
tors exceeding $100,000 were not to be paid unless senior
official of contractor certified that claim or request
was made in good faith and that data submitted was ac-
curate and complete to the best of such official’s
knowledge and belief, prior to repeal by Pub. L. 102–484,
div. A, title VIII, § 813(b), Oct. 23, 1992, 106 Stat. 2453, ef-
fective upon promulgation of regulations pursuant to
former section 2410e of this title [Interim rules, effec-
tive Apr. 30, 1993, were promulgated and published in
the Federal Register, 58 F.R. 28458, May 13, 1993, and
final rules, effective May 27, 1994, were promulgated
and published in the Federal Register, 59 F.R. 27662,
May 27, 1994].
[§ 2410a. Renumbered § 3133]
[§ 2410b. Renumbered § 3845]
[§ 2410c. Renumbered § 2922f]
Editorial Notes
CODIFICATION
Another section 2410c was renumbered section 4703 of
this title.
[§ 2410d. Renumbered § 3903]
Editorial Notes
CODIFICATION
Another section 2410d was renumbered section 4704 of
this title.
[§ 2410e. Repealed. Pub. L. 103–355, title II,
§ 2301(b), Oct. 13, 1994, 108 Stat. 3321]
Section, added Pub. L. 102–484, div. A, title VIII,
§ 813(a)(1), Oct. 23, 1992, 106 Stat. 2452, directed Sec-
retary of Defense to propose, for inclusion in Federal
Acquisition Regulation, regulations relating to certifi-
cation of contract claims, requests for equitable adjust-
ment to contract terms, and requests for relief under
section 1431 et seq. of Title 50, War and National De-
fense, that exceeded $100,000.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
For effective date and applicability of repeal, see sec-
tion 10001 of Pub. L. 103–355, set out as an Effective
Date of 1994 Amendment note under section 8752 of this
title.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 99–145, title IX, § 917(a), Nov. 8, 1985, 99 Stat. 689; amended Pub. L. 99–500, § 101(c) [title X, § 943(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–162, and Pub. L. 99–591, § 101(c) [title X, § 943(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–162; Pub. L. 99–661, div. A, title IX, formerly title IV, § 943(a)(1), Nov. 14, 1986, 100 Stat. 3942, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–180, div. A, title XII, § 1231(13), Dec. 4, 1987, 101 Stat. 1160, required contractor under covered contract with an agency to make cost and pricing data available to agency in timely manner.
#### Effective Date of Repeal
For effective date and applicability of repeal, see section 10001 of Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under [section 8752 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8752&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2406
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Specific Costs.—** The following costs are not allowable under a covered contract:
(1) Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities).
(2) Costs incurred to influence (directly or indirectly) legislative action on any matter pending before Congress, a State legislature, or a legislative body of a political subdivision of a State.
(3) Costs incurred in defense of any civil or criminal fraud proceeding or similar proceeding (including filing of any false certification) brought by the United States where the contractor is found liable or has pleaded nolo contendere to a charge of fraud or similar proceeding (including filing of a false certification).
(4) Payments of fines and penalties resulting from violations of, or failure to comply with, Federal, State, local, or foreign laws and regulations, except when incurred as a result of compliance with specific terms and conditions of the contract or specific written instructions from the contracting officer authorizing in advance such payments in accordance with applicable provisions of the Federal Acquisition Regulation.
(5) Costs of membership in any social, dining, or country club or organization.
(6) Costs of alcoholic beverages.
(7) Contributions or donations, regardless of the recipient.
(8) Costs of advertising designed to promote the contractor or its products.
(9) Costs of promotional items and memorabilia, including models, gifts, and souvenirs.
(10) Costs for travel by commercial aircraft which exceed the amount of the standard commercial fare.
(11) Costs incurred in making any payment (commonly known as a “golden parac
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3744
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Federal law — U.S. Code and appendices · legal_authorities
Page 2538
TITLE 10—ARMED FORCES
§ 3744
agency determines that a proposal for settle-
ment of indirect costs submitted by a con-
tractor includes a cost determined to be unal-
lowable in the case of such contractor before
the submission of such proposal, the head of
the agency shall assess a penalty against the
contractor in an amount equal to two times
the amount of the disallowed cost allocated to
covered contracts for which a proposal for set-
tlement of indirect costs has been submitted.
(c) WAIVER OF PENALTY.—The Federal Acquisi-
tion Regulation shall provide for a penalty
under subsection (b) to be waived in the case of
a contractor’s proposal for settlement of indi-
rect costs when—
(1) the contractor withdraws the proposal be-
fore the formal initiation of an audit of the
proposal by the Federal Government and re-
submits a revised proposal;
(2) the amount of unallowable costs subject
to the penalty is insignificant; or
(3) the contractor demonstrates, to the con-
tracting officer’s satisfaction, that—
(A) it has established appropriate policies
and personnel training and an internal con-
trol and review system that provide assur-
ances that unallowable costs subject to pen-
alties are precluded from being included in
the contractor’s proposal for settlement of
indirect costs; and
(B) the unallowable costs subject to the
penalty were inadvertently incorporated
into the proposal.
(d) APPLICABILITY OF CONTRACT DISPUTES PRO-
CEDURE TO DISALLOWANCE OF COST AND ASSESS-
MENT OF PENALTY.—An action of the head of an
agency under subsection (a) or (b)—
(1) shall be considered a final decision for
the purposes of section 7103 of title 41; and
(2) is appealable in the manner provided in
section 7104(a) of title 41.
(Added and amended Pub. L. 116–283, d
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3744
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Administrator.—** — The term “Administrator” means the Administrator for Federal Procurement Policy appointed pursuant to [section 1102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1102&num=0&edition=prelim).
(2) **Agency board or agency board of contract appeals.—** — The term “agency board” or “agency board of contract appeals” means—
(A) the Armed Services Board;
(B) the Civilian Board;
(C) the board of contract appeals of the Tennessee Valley Authority; or
(D) the Postal Service Board established under [section 7105(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7105/d/1&num=0&edition=prelim).
(3) **Agency head.—** — The term “agency head” means the head and any assistant head of an executive agency. The term may include the chief official of a principal division of an executive agency if the head of the executive agency so designates that chief official.
(4) **Armed services board.—** — The term “Armed Services Board” means the Armed Services Board of Contract Appeals established under [section 7105(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7105/a/1&num=0&edition=prelim).
(5) **Civilian board.—** — The term “Civilian Board” means the Civilian Board of Contract Appeals established under [section 7105(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7105/b/1&num=0&edition=prelim).
(6) **Contracting officer.—** — The term “contracting officer”—
(A) means an individual who, by appointment in accordance with applicable regulations, has the authority to make and administer contracts and to make determinations and findings with respe
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 7101
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Federal law — U.S. Code and appendices · legal_authorities
Page 177
TITLE 41—PUBLIC CONTRACTS
§ 7102
HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6707(e) ........
41:355.
Pub. L. 89–286, § 6, Oct. 22,
1965, 79 Stat. 1035.
6707(f) ........
41:358.
Pub. L. 89–286, § 10, as added
Pub. L. 92–473, § 5, Oct. 9,
1972, 86 Stat. 790; Pub. L.
94–273, § 29, Apr. 21, 1976, 90
Stat. 380.
In subsection (e), the words ‘‘the definition of ‘reg-
ular rate’ under section 7(e) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 207(e))’’ are substituted for
‘‘the regular rate under the Fair Labor Standards Act
by provisions of section 7(d) thereof ’’ for clarity, to
correct the reference to ‘‘the Fair Labor Standards
Act’’ in accordance with section 1 of the Fair Labor
Standards Act of 1938 (29:201), which provided the short
title for the Act, and to correct the reference to ‘‘sec-
tion 7(d) thereof ’’ in accordance with section 204(d)(1)
of the Fair Labor Standards Amendments of 1966 (Pub-
lic Law 89–601, 80 Stat. 836), which amended the Fair
Labor Standards Act of 1938 by redesignating section
7(d) as 7(e).
In subsection (f), the words ‘‘paragraphs (1) and (2) of
section 2’’, which appear in section 10 of the Service
Contract Act of 1965, as added by section 5 of Public
Law 92–473 (86 Stat. 790), are treated as a reference to
paragraphs (1) and (2) of section 2(a) of the Service Con-
tract Act of 1965 to reflect the probable intent of Con-
gress. The words ‘‘which are entered into during the ap-
plicable fiscal year’’, 41:358(1)–(4), and the words ‘‘On
and after July 1, 1976’’ are omitted as obsolete.
Subtitle III—Contract Disputes
Chapter
Sec.
71.
Contract Disputes ...............................
7101
CHAPTER 71—CONTRACT DISPUTES
Sec.
7101.
Definitions.
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 7101
Stored review status: historical_2024_not_currentness_verified. The source passage cites 41 U.S.C. § 7101. This identifies an authority to review, not proof of applicability.