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Title 10 — Armed Forces

Part V · Chapter 273 — Allowable Costs

§ 3746. Applicability of regulations to subcontractors

Statutory text

The regulations referred to in sections 3744 and 3745(a) and (b) of this title shall require prime contractors of a covered contract, to the maximum extent practicable, to apply the provisions of such regulations to all subcontractors of the covered contract.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title XVIII § 1832(a) · 134 Stat. 3388

    Enacted · 10 U.S.C. § 3746

    (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1832(a), (e), Jan. 1, 2021, 134 Stat. 4218, 4221.)

    Source evidence

    Code source credit
    (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1832(a), (e), Jan. 1, 2021, 134 Stat. 4218, 4221.)

    Enacted provision · exact public law section
    (a) New Chapter.— 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), 10 USC prec. 3741. is amended by striking chapter 273 and inserting the following:”. “CHAPTER 273— ALLOWABLE COSTS “Subchapter Sec. “I.  General “II.  Other Allowable Cost Provisions “SUBCHAPTER I— GENERAL “Sec. “3741. Definitions. “3742. Adjustment of threshold amount of covered contract. “3743. Effect of submission of unallowable costs. “3744. Specific costs not allowable. “3745. Required regulations. “3746. Applicability of regulations to subcontractors. “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: “§ 3742. Adjustment of threshold amount of covered contract “§ 3743. Effect of submission of unallowable costs “§ 3744. Specific costs not allowable “§ 3745. Required regulations “§ 3746. Applicability of regulations to subcontractors “§ 3747. Contractor certification “§ 3748. Penalties for submission of cost known as not allowable “§ 3749. Burden of proof on contractor “§ 3750. Proceeding costs not allowable” .

  2. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1832(e) · 134 Stat. 3388

    1. Struck · 10 U.S.C. § 3746

      Pub. L. 116–283, § 1832(e), transferred subsec. (g) of section 2324 of this title to this section, struck out subsec. (g) designation and heading “Applicability of Regulations to Subcontractors” at beginning

    2. Substituted · 10 U.S.C. § 3746

      Pub. L. 116–283, § 1832(e), transferred subsec. (g) of section 2324 of this title to this section, substituted “sections 3744 and 3745(a) and (b) of this title” for “subsections (e) and (f)(1)”

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1832(e), transferred subsec. (g) of section 2324 of this title to this section, struck out subsec. (g) designation and heading “Applicability of Regulations to Subcontractors” at beginning, and substituted “sections 3744 and 3745(a) and (b) of this title” for “subsections (e) and (f)(1)”.

    Enacted provision · exact public law section
    (e) Transfer of Subsection (f) of Section 2324.— (1) Transfer.— Subsection (f) of section 2324 of title 10, United States Code, is transferred to section 3745 of such title, as added by subsection (a), inserted after the section heading, and amended— (A) by striking the subsection designation and subsection heading; (B) by redesignating paragraph (1) as subsection (a); (C) by designating the third sentence of such subsection as subsection (b); (D) by redesignating paragraph (2) as subsection (c); and (E) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively, and realigning those paragraphs 2 ems to the right. (2) Amendment to new 3745(a).— Subsection (a) of such section, as so redesignated, is amended by inserting “In General.—” before “The Federal”. (3) Amendments to new 3745(b).— Subsection (b) of such section, as so designated by paragraph (1)(C), is amended— (A) by inserting “Specific Items.—” before “The regulations”; and (B) by redesignating subparagraphs (A) through (Q) as paragraphs (1) through (17), respectively. (4) Amendments to new 3745(c).— Subsection (c) of such section, as so redesignated by paragraph (1)(D), is amended— (A) by striking “The Federal” and inserting “ Additional Requirements.— “(1) When questioned costs may be resolved.— The Federal” ; (B) in paragraph (2), as so redesignated by paragraph (1)(E), by inserting “Presence of contract auditor.—” before “The Federal”; and (C) in paragraph (3), as so redesignated by paragraph (1)(E), by inserting “Settlement to reflect amount of individual questioned costs.—” before “The Federal”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Codification
Prior Provisions

A prior section 3746 was renumbered section 7276 of this title.

Amendments

2021—Pub. L. 116–283, § 1832(e), transferred subsec. (g) of section 2324 of this title to this section, struck out subsec. (g) designation and heading “Applicability of Regulations to Subcontractors” at beginning, and substituted “sections 3744 and 3745(a) and (b) of this title” for “subsections (e) and (f)(1)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section and amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.

Credits

(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1832(a), (e), , 134 Stat. 4218, 4221.)

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