Sec. 1834. Contract financing
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Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), is amended by striking chapter 277 and inserting the following: Sec. 3801. Authority of agency. 3802. Payment. 3803. Security for advance payments. 3804. Conditions for progress payments. 3805. Payments for commercial products and commercial services. 3806. Action in case of fraud. 3807. Vesting of title in the United States. . Subsection
(a)of section 2307 of title 10, United States Code, is transferred to section 3801 of such title, as added by subsection (a), inserted after the section heading, and amended— by striking
(1)before The head of ; and by redesignating paragraph
(2)as subsection (b). Such subsection (a), as so transferred and amended, is further amended by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively. Subsection
(b)of such section 3801, as redesignated by paragraph (1)(B), is amended— by striking
(A)For a prime and inserting Payment dates for contractors that are small business concerns.— For a prime ; by redesignating subparagraph
(B)as paragraph (2); and in paragraph (2), as so redesignated— by inserting before Subcontractors .— For a prime ; and by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively. Subsections
(b)and
(c)of section 2307 of title 10, United States Code, are transferred to section 3802 of such title, as added by subsection (a), inserted after the section heading, and redesignated as subsections
(a)and (d), respectively. Such section 3802, as so amended, is further amended in subsection (a), by striking
(1)before Whenever possible ; by redesignating paragraph
(2)of subsection
(a)as subsection (b); by transferring paragraph
(3)of such subsection to the end of the section and redesignating such paragraph as subsection (e); by redesignating paragraph
(4)of subsection
(a)as subsection (c); and by redesignating subparagraphs (A), (B), and
(C)of subsection
(a)as paragraphs (1), (2), and (3), respectively. Subsection
(a)of such section is further amended by striking subsection
(a)and inserting section 3801 of this title . Subsection
(b)of such section, as so redesignated, is amended— by inserting Basis for performance-based payments.— before Performance-based payments ; and by striking paragraph
(1)and inserting subsection
(a). Subsection
(c)of such section, as so redesignated, is amended— by striking
(A)In order to and inserting Contractor accounting systems.— In order to ; and by redesignating subparagraph
(B)as paragraph (2), realigning that paragraph 2 ems to the right, and striking this section therein and inserting this chapter . Subsection
(d)of such section, as redesignated by paragraph (1), is amended by striking subsection
(a)and inserting section 3801 of this title . Subsection
(e)of such section, as transferred and redesignated by paragraph (2)(C), is amended by inserting before Eligibility of nontraditional defense contractors.— The Secretary of . Subsection
(d)of section 2307 of title 10, United States Code, is transferred to section 3803 of such title, as added by subsection (a), inserted after the section heading, and amended— by striking the subsection designation and subsection heading; and by striking subsection
(a)and inserting section 3801 of this title . Subsection
(e)of section 2307 of title 10, United States Code, is transferred to section 3804 of such title, as added by subsection (a), inserted after the section heading, and amended— by striking the subsection designation and subsection heading; and by redesignating paragraphs (1), (2), and
(3)as subsections (a), (b), and (c), respectively. Subsection
(a)of such section 3804, as so transferred and redesignated, is amended by inserting before Payment commensurate with work.— The Secretary of Defense . Subsection
(b)of such section 3804, as so transferred and redesignated, is amended— by inserting before Limitation.— The Secretary ; and by striking paragraph
(1)and inserting subsection
(a). Subsection
(c)of such section 3804, as so transferred and redesignated, is amended— by inserting before Applicability.— This ; and by striking subsection and inserting section . Subsection
(f)of section 2307 of title 10, United States Code, is transferred to section 3805 of such title, as added by subsection (a), inserted after the section heading, and amended— by striking the subsection designation and subsection heading; and by redesignating paragraphs (1), (2), and
(3)as subsections (a), (c), and (d), respectively. Such section 3805, as so amended, is further amended by designating the second sentence of subsection
(a)as subsection (b). Subsection
(a)of such section, as so transferred and redesignated, is amended— by inserting before Terms and conditions for payments.— Payments under ; and by striking subsection
(a)and inserting section 3801 of this title . Subsection
(b)of such section, as designated by paragraph (2), is amended by inserting before Security for payments .— The head of the agency . Subsection
(c)of such section, as so transferred and redesignated, is amended— by inserting before Limitation on advance payments.— Advance payments ; and by striking subsection
(a)and inserting section 3801 of this title . Subsection
(d)of such section, as so transferred and redesignated, is amended— by inserting before Nonapplication of certain conditions.— The conditions of ; by striking subsections
(d)and
(e)and inserting sections 3803 and 3804 of this title ; and by striking paragraphs
(1)and
(2)and inserting this section . Subsection
(i)of section 2307 of title 10, United States Code, is transferred to section 3806 of such title, as added by subsection (a), inserted after the section heading, and amended by striking the subsection designation and subsection heading. Such section 3806, as so amended, is further amended— by redesignating paragraphs
(1)through
(9)as subsections
(b)through (j), respectively; and by transferring paragraph
(10)to the beginning of such section so as to appear before subsection (b), as redesignated by subparagraph (A), and redesignating that paragraph as subsection (a). Subsection
(a)of such section, as transferred and redesignated by paragraph (2)(B), is amended— by inserting before Remedy coordination official defined.— In this ; and by striking this subsection and inserting this section . Subsection
(b)of such section, as transferred and redesignated by paragraphs
(1)and (2)(A), is amended by inserting before Recommendation to reduce or suspend payments.— In any case . Subsection
(c)of such section, as transferred and redesignated by paragraphs
(1)and (2)(A), is amended— by inserting before Reduction or suspension of payments.— The head of ; and by striking paragraph
(1)and inserting subsection
(b). Subsection
(d)of such section, as transferred and redesignated by paragraphs
(1)and (2)(A), is amended— by inserting before Extent of reduction or suspension.— The extent of ; and by striking paragraph
(2)and inserting subsection
(c). Subsection
(e)of such section, as transferred and redesignated by paragraphs
(1)and (2)(A), is amended— by inserting before Written justification.— A written ; and by striking paragraph
(2)and inserting subsection
(c). Subsection
(f)of such section, as transferred and redesignated by paragraphs
(1)and (2)(A), is amended— by inserting before Notice.— The head of an agency shall ; and by striking paragraph
(2)and inserting subsection
(c). Subsection
(g)of such section, as transferred and redesignated by paragraphs
(1)and (2)(A), is amended— by inserting before Review.— Not later than ; by striking paragraph
(2)and inserting subsection
(c); and by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively. Subsection
(h)of such section, as transferred and redesignated by paragraphs
(1)and (2)(A), is amended— by inserting before Annual report.— The head of ; and by striking paragraph
(2)and inserting subsection
(c). Subsections
(i)and
(j)of such section, as transferred and redesignated by paragraphs
(1)and (2)(A), are reversed in order and are redesignated accordingly. Subsection
(i)of such section, as transferred and redesignated by paragraphs (1), (2)(A), and (11), is amended— by inserting before Restriction on delegation.— The head of ; and by striking this subsection and inserting this section . Subsection
(j)of such section, as transferred and redesignated by paragraphs (1), (2)(A), and (11), is amended— by inserting before Inapplicability to coast guard.— This ; by striking subsection applies and inserting section applies ; and by striking section 2303(a) and inserting section 3063 . Subsection
(h)of section 2307 of title 10, United States Code, is transferred to section 3807 of such title, as added by subsection (a), inserted after the section heading, and amended— by striking the subsection designation and subsection heading; and by striking subsection (a)(1) and inserting section 3801(1) of this title .
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Sec. 1834
Contract financing
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