§ 1431. Authorization; official approval; Congressional action: notification of committees of certain proposed obligations, resolution of disapproval, continuity of session, computation of period
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/usc/title-50/section-1431A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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, 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.
(Pub. L. 85–804, § 1, Aug. 28, 1958, 72 Stat. 972; Pub. L. 93–155, title VIII, § 807(a), Nov. 16, 1973, 87 Stat. 615; Pub. L. 101–510, div. A, title XIII, § 1313, Nov. 5, 1990, 104 Stat. 1670; Pub. L. 102–25, title VII, § 705(f), Apr. 6, 1991, 105 Stat. 120; Pub. L. 116–92, div. C, title XXXV, § 3507(c), Dec. 20, 2019, 133 Stat. 1976; Pub. L. 117–263, div. A, title VIII, § 822(a), Dec. 23, 2022, 136 Stat. 2709; Pub. L. 118–31, div. A, title VIII, § 824, Dec. 22, 2023, 137 Stat. 332; Pub. L. 118–159, div. A, title VIII, § 824, Dec. 23, 2024, 138 Stat. 1984.)
Connections124 cite this · traces to 18
Cited by 124 sections · top 60
public-private-law
- Public Law 116-92National Defense Authorization Act for Fiscal Year 2020
- Public Law 117-263James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
- Public Law 117-81National Defense Authorization Act for Fiscal Year 2022
- Public Law 118-31National Defense Authorization Act for Fiscal Year 2024
- Public Law 118-159Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025
- Public Law 115-10National Aeronautics and Space Administration Transition Authorization Act of 2017
U.S. Code
- § 2210Indemnification and limitation of liability
- § 111Executive department; mission
- § 1431Authorization; official approval; Congressional action: notification of committees of certain proposed obligations, resolution of disapproval, continuity of session, computation of period
- § 5195Declaration of policy
- § 1651Other laws, powers and authorities conferred thereby, and actions taken thereunder; Congressional studies
- § 444Definitions
- § 3816Utilization of industry
- § 3841Examination of records of contractor
- § 3862Requests for equitable adjustment or other relief
- § 1433Public record; examination of records by Comptroller General; exemptions: exceptional conditions; reports to Congress
- § 20148Indemnification; NASA launch services and reentry services
statutes-at-large
- Public Law 100–370To amend title 10, United States Code, to codify in that title certain defense-related permanent free-standing provisions of law
- Public Law 93–152
- Public Law 97–369Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1983, and for other purposes
- Public Law 97–100Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1982, and for other purposes
- Public Law 96–131Making appropriations For the Department of Transportation and related agencies for the fiscal year ending September 30, 1980, and for other purposes
- Public Law 98–78Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1984, and for other purposes
- Public Law 95–335Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1979, and for other purposes
- Public Law 117–263To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 101–510To authorize appropriations for fiscal year 1991 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 102–25Entitled the “Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991”
- Public Law 102–484To authorize appropriations for fiscal year 1993 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to provide for defense conversion, and
- Public Law 95–485To authorize appropriations for fiscal year 1979 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons and for research, development, test and evaluation for the Armed Forces, to prescribe the authorized personnel strength for each active duty co
- Public Law 109–289Making appropriations for the Department of Defense for the fiscal year ending September 30, 2007, and for other purposes
- Public Law 96–400Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1981, and for other purposes
- Public Law 115–10To authorize the programs of the National Aeronautics and Space Administration, and for other purposes
- Public Law 118–31To authorize appropriations for fiscal year 2024 for military activities of the Department of Defense and for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 116–92To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 117–81To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
register
- NoticesNotice and request for comments
- UnknownFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsSmall Entity Compliance Guide (SECG)
- Rules and RegulationsInterim rule with request for comments
- NoticesSummary presentation of final rules
- NoticesNotice
- NoticesNotice of request for comments regarding an extension to an existing OMB clearance
- NoticesNotice of request for comments regarding an extension to an existing OMB clearance
- Rules and RegulationsTHE WHITE HOUSE
- Rules and RegulationsNotice of request for comments regarding an extension to an existing OMB clearance
- Presidential Documents
- NoticesNotice
- NoticesNotice of request for comments regarding an extension to an existing OMB clearance
- Notices
statute-compilations
- Sec. 3507REQUIREMENT FOR SMALL SHIPYARD GRANTEES
- Sec. 305INDEMNIFICATION; NASA LAUNCH SERVICES AND REENTRY SERVICES
- Sec. 502**[**[50 U.S.C. 1651](/us/usc/t50/s1651)**]**
- Sec. 1684DETERMINATION ON CERTAIN ACTIVITIES WITH UNUSUALLY HAZARDOUS RISKS
- Sec. 824EXTENSION OF TEMPORARY AUTHORITY TO MODIFY CERTAIN CONTRACTS AND OPTIONS BASED ON THE EFFECTS OF INFLATION
- Sec. 822MODIFICATION OF CONTRACTS TO PROVIDE EXTRAORDINARY RELIEF DUE TO INFLATION IMPACTS
- Sec. 1702CONFORMING CROSS REFERENCE TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES
- Sec. 824MODIFICATION AND EXTENSION OF TEMPORARY AUTHORITY TO MODIFY CERTAIN CONTRACTS AND OPTIONS BASED ON THE IMPACTS OF INFLATION
Traces to 18 documents
U.S. Code
- Restrictions§ 1432
- Termination of existing declared emergencies§ 1601
- Other laws, powers and authorities conferred thereby, and actions taken thereunder; Congressional studies§ 1651
- Authorization; official approval; Congressional action: notification of committees of certain proposed obligations, resolution of disapproval, continuity of session, computation of period§ 1431
- Assignments of claims§ 3727
- Prohibition on transfer of contract and certain allowable assignments§ 6305
- Public record; examination of records by Comptroller General; exemptions: exceptional conditions; reports to Congress§ 1433
- Determinations and decisions§ 4751
- Examination of records of contractor§ 3841
- Repealed. Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293]§ 2304
- Definitions§ 444
- Administration§ 441
- Procedure for declaration§ 5191
- Priority in contracts and orders§ 4511
public-private-law
- National Defense Authorization Act for Fiscal Year 2020Public Law 116-92
- James M. Inhofe National Defense Authorization Act for Fiscal Year 2023Public Law 117-263
- National Defense Authorization Act for Fiscal Year 2024Public Law 118-31
- Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025Public Law 118-159
34 references not yet in our index
- Pub. L. 85–804, § 1
- 72 Stat. 972
- Pub. L. 93–155, title VIII, § 807(a)
- 87 Stat. 615
- Pub. L. 101–510, div. A, title XIII, § 1313
- 104 Stat. 1670
- Pub. L. 102–25, title VII, § 705(f)
- 105 Stat. 120
- 133 Stat. 1976
- 136 Stat. 2709
- 137 Stat. 332
- 138 Stat. 1984
- Pub. L. 102–25, § 705(f)(1)
- Pub. L. 102–25, § 705(f)(2)
- Pub. L. 101–510
- Pub. L. 93–155
- Pub. L. 102–25, title VII, § 705(f)(1)
- Pub. L. 119–60, div. A, title VIII, § 876
- 139 Stat. 1005
- Public Law 85–804
- 136 Stat. 2711
- section 1 of Public Law 85–804
- Pub. L. 93–155, title VIII, § 807(e)
- 87 Stat. 616
- section 2307 of Title 10
- 54 Stat. 1029
- 80 Stat. 850
- 49 Stat. 2036
- 49 Stat. 1011
- 48 Stat. 948
- 37 Stat. 137
- 63 Stat. 394
- section 2(b) of the act of August 28, 1958
- 72 Stat. 966
Citation graph
cites case law
§ 1431
Authorization; official approval; Congressional action: notification of committees of certain proposed obligations, resolution of disapproval, continuity of session, computation of period
Bills×42
Stat.×26
Fed. Reg.×17
U.S.C.×16
Stat. Comp.×12
Pub. L.×11
Pub. L.Pub. L. 85–804, § 1
Stat.72 Stat. 972
Pub. L.Pub. L. 93–155, title VIII, § 807(a)
Cites 52 · showing 12Cited by 124 across 6 sources