The text of subsecs. (a), (e), (g), (h), and (i) of section 2313 of this title, which were transferred to this section, redesignated as subsecs. (b), (f), (h), (i), and (j), respectively, and amended by Pub. L. 116–283, § 1835(b)(1)–(3), (6), was based on Pub. L. 103–355, title II, § 2201(a)(1),
The text of subsec. (b) of section 2313 of this title, which was transferred to this section, redesignated as subsec. (c), and amended by Pub. L. 116–283, § 1835(b)(1), (4), was based on Pub. L. 103–355, title II, § 2201(a)(1),
The text of subsec. (c) of section 2313 of this title, which was transferred to this section, redesignated as subsec. (d), and amended by Pub. L. 116–283, § 1835(b)(1), (5), was based on Pub. L. 103–355, title II, § 2201(a)(1),
The text of subsec. (d) of section 2313 of this title, which was transferred to this section and redesignated as subsec. (e) by Pub. L. 116–283, § 1835(b)(1), was based on Pub. L. 104–201, div. A, title VIII, § 808(a),
The text of subsec. (f) of section 2313 of this title, which was transferred to this section and redesignated as subsec. (e) by Pub. L. 116–283, § 1835(b)(1), was based on Pub. L. 103–355, title II, § 2201(a)(1), title IV, § 4102(c),
A prior section 3841, added Pub. L. 85–861, § 1(94),
2021—Subsec. (a). Pub. L. 116–283, § 1835(b)(2), redesignated subsec. (i) of section 2313 of this title as subsec. (a) of this section.
Subsec. (b). Pub. L. 116–283, § 1835(b)(1), (3), redesignated subsec. (a) of section 2313 of this title as subsec. (b) of this section, realigned margins of pars. (1) and (2), and substituted “made by that agency under a chapter 137 legacy provision” for “made by that agency under this chapter” in par. (1)(A) and “chapter 271” for “section 2306a” in par. (2).
Subsec. (c). Pub. L. 116–283, § 1835(b)(1), (4), redesignated subsec. (b) of section 2313 of this title as subsec. (c) of this section, inserted heading and substituted “subsection (b)” for “subsection (a)” in par. (1), and inserted headings and realigned margins of pars. (2) and (3).
Subsec. (d). Pub. L. 116–283, § 1835(b)(1), (5), redesignated subsec. (c) of section 2313 of this title as subsec. (d) of this section and inserted headings and realigned margins of pars. (1) to (3).
Subsec. (e). Pub. L. 116–283, § 1835(b)(1), redesignated subsec. (d) of section 2313 of this title as subsec. (e) of this section.
Subsec. (f). Pub. L. 116–283, § 1835(b)(1), (6), redesignated subsec. (e) of section 2313 of this title as subsec. (f) of this section and substituted “subsection (b)” for “subsection (a)” and “subsection (d)” for “subsection (c)”.
Subsecs. (g) to (i). Pub. L. 116–283, § 1835(b)(1), redesignated subsecs. (f) to (h) of section 2313 of this title as subsecs. (g) to (i), respectively, of this section.
Section and amendment by Pub. L. 116–283 effective
Requirements under subsecs. (b)(2)(A)–(C) and (c) of this section (former subsecs. (a)(2)(A)–(C) and (b) of section 2313 of this title) not applicable to certain contracts valued at less than $7,500,000 awarded to small business or nontraditional defense contractors, with certain exceptions, see section 873(b) of Pub. L. 114–92, set out in a Pilot Program for Streamlining Awards for Innovative Technology Projects note under section 3702 of this title.
Pub. L. 112–239, div. A, title VIII, § 832, “(a) Not later than 180 days after the date of the enactment of this Act [“(b) The revised guidance shall ensure that requests for access to defense contractor internal audit reports are appropriately documented. The required documentation shall include, at a minimum, the following:“(1) Written determination that access to such reports is necessary to complete required evaluations of contractor business systems.“(2) A copy of any request from the Defense Contract Audit Agency to a contractor for access to such reports.“(3) A record of response received from the contractor, including the contractor’s rationale or justification if access to requested reports was not granted.“(b) [sic] The revised guidance shall include appropriate safeguards and protections to ensure that contractor internal audit reports cannot be used by the Defense Contract Audit Agency for any purpose other than evaluating and testing the efficacy of contractor internal controls and the reliability of associated contractor business systems.“(c) A determination by the Defense Contract Audit Agency that a contractor has a sound system of internal controls shall provide the basis for increased reliance on contractor business systems or a reduced level of testing with regard to specific audits, as appropriate. Internal audit reports provided by a contractor pursuant to this section may be considered in determining whether or not a contractor has a sound system of internal controls, but shall not be the sole basis for such a determination.“(d) Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall initiate a review of the documentation required by subsection (a). Not later than 90 days after completion of the review, the Comptroller General shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the results of the review, with findings and recommendations for improving the audit processes of the Defense Contract Audit Agency.”
Functions with respect to purchases authorized to be made outside limits of United States or District of Columbia under Foreign Assistance Act of 1961, as amended, as exempt, see Ex. Ord. No. 11223,
Secretaries of Defense, Army, Navy, or Air Force, or their designees, to determine, prior to exercising authority provided in amendment of this section by Pub. L. 89–607 to exempt certain contracts with foreign contractors from requirement of an examination-of-records clause, that all reasonable efforts have been made to include such examination-of-records clause, as required by par. (11) of Part I of Ex. Ord. No. 10789, and that alternate sources of supply are not reasonably available, see par. (11) of Part I of Ex. Ord. No. 10789,