Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)

Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via
Atlas depot), ingested with the standard pipeline: raw snapshot ->
per-section OKF markdown -> manifest + checksums. Title 52 untouched.
LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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# 10 U.S.C. § 3371 - Undefinitized contractual actions: required description of anticipated effect on military department requirements if use of undefinitized contractual action results in delay
## Text
The head of an agency may not enter into an undefinitized contractual action unless the request to the head of the agency for authorization of the contractual action includes a description of the anticipated effect on requirements of the military department concerned if a delay is incurred for purposes of determining contractual terms, specifications, and price before performance is begun under the contractual action.
(Added and amended Pub. L. 116283, div. A, title XVIII, § 1819(a), (b), Jan. 1, 2021, 134 Stat. 4189.)
## Notes
Editorial Notes
Codification The text of subsec. (a) of section 2326 of this title, which was transferred to this section and amended by Pub. L. 116283, § 1819(b), was based on Pub. L. 99500, § 101(c) [title X, § 908(d)(1)(A)], Oct. 18, 1986, 100 Stat. 178382, 1783140, and Pub. L. 99591, § 101(c) [title X, § 908(d)(1)(A)], Oct. 30, 1986, 100 Stat. 334182, 3341140; Pub. L. 99661, div. A, title IX, formerly title IV, § 908(d)(1)(A), Nov. 14, 1986, 100 Stat. 3920, renumbered title IX, Pub. L. 10026, § 3(5), Apr. 21, 1987, 101 Stat. 273. Pub. L. 99500, Pub. L. 99591, and Pub. L. 99661 added identical subsections.
Prior ProvisionsA prior section 3371, added Pub. L. 85861, § 1(80)(E), Sept. 2, 1958, 72 Stat. 1475, related to promotion of brigadier generals and colonels not assigned to units, prior to repeal by Pub. L. 103337, div. A, title XVI, §§ 1629(a)(1), 1691(b)(1), Oct. 5, 1994, 108 Stat. 2963, 3026, effective Oct. 1, 1996. See section 14301 et seq. of this title.
Amendments2021—Pub. L. 116283, § 1819(b), transferred subsec. (a) of section 2326 of this title to this section and struck out subsec. (a) designation and heading “In General” at beginning.
Statutory Notes and Related Subsidiaries
Effective DateSection and amendment by Pub. L. 116283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
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# 10 U.S.C. § 3372 - Undefinitized contractual actions: requirements and limitations relating to definitization of contractual terms, specifications, and price
## Text
(a) Contractual Action to Provide Time for Definitization of Contractual Terms, Specifications, and Price; Limitations on Obligation of Funds.— (1) Terms for time for definitization to be included in contractual action.— A contracting officer of the Department of Defense may not enter into an undefinitized contractual action unless the contractual action provides for agreement upon contractual terms, specifications, and price by the earlier of—
(A) the end of the 180-day period beginning on the date on which the contractor submits a qualifying proposal to definitize the contractual terms, specifications, and price; or
(B) the date on which the amount of funds obligated under the contractual action is equal to more than 50 percent of the negotiated overall ceiling price for the contractual action.
(2) Limitation on obligation of funds before definitization.— (A) 50 percent limitation.— Except as provided in subparagraph (B), the contracting officer for an undefinitized contractual action may not obligate with respect to such contractual action an amount that is equal to more than 50 percent of the negotiated overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action.
(B) 75 percent limitation when contractor submits qualifying proposal.— If a contractor submits a qualifying proposal (as defined in section 3377(b) of this title) to definitize an undefinitized contractual action before an amount equal to more than 50 percent of the negotiated overall ceiling price is obligated on such action, the contracting officer for such action may not obligate with respect to such contractual action an amount that is equal to more than 75 percent of the negotiated overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action.
(3) Waiver authority.— The head of an agency may waive the provisions of this subsection with respect to a contract of that agency if that head of an agency determines that the waiver is necessary in order to support any of the following operations:
(A) A contingency operation.
(B) A humanitarian or peacekeeping operation.
(4) Inapplicability with respect to purchase of initial spares.— This subsection does not apply to an undefinitized contractual action for the purchase of initial spares.
(b) Limitation on Unilateral Definitization by Contracting Officer.— (1) In general.— With respect to any undefinitized contractual action with a value greater than $50,000,000, if agreement is not reached on contractual terms, specifications, and price within the period or by the date provided in subsection (a)(1), the contracting officer may not unilaterally definitize those terms, specifications, or price over the objection of the contractor until—
(A) the service acquisition executive for the military department that awarded the contract, or the Under Secretary of Defense for Acquisition and Sustainment if the contract was awarded by a Defense Agency or other component of the Department of Defense, approves the definitization in writing;
(B) the contracting officer provides a copy of the written approval to the contractor; and
(C) a period of 30 calendar days has elapsed after the written approval is provided to the contractor.
(2) Treatment of unilateral definitization of a contract as a final decision.— A unilateral definitization by a contracting officer shall be considered a final decision under chapter 71 of title 41, and a contractor may appeal this decision to the Armed Services Board of Contract Appeals or the United States Court of Federal Claims.
(c) Foreign Military Contracts.— (1) 180-day requirement.— Except as provided in paragraph (2), a contracting officer of the Department of Defense may not enter into an undefinitized contractual action for a foreign military sale unless the contractual action provides for agreement upon contractual terms, specifications, and price by the end of the 180-day period described in subsection (a)(1)(A).
(2) Waiver authority.— The requirement under paragraph (1) may be waived in accordance with subsection (a)(3).
(Added and amended Pub. L. 116283, div. A, title XVIII, § 1819(a), (c), Jan. 1, 2021, 134 Stat. 4189; Pub. L. 118159, div. A, title VIII, § 803, Dec. 23, 2024, 138 Stat. 1965.)
## Notes
Editorial Notes
Codification The text of subsec. (b) of section 2326 of this title, which was transferred to this section, redesignated as subsec. (a), and amended by Pub. L. 116283, § 1819(c)(1), (2), was based on Pub. L. 99500, § 101(c) [title X, § 908(d)(1)(A)], Oct. 18, 1986, 100 Stat. 178382, 1783140, and Pub. L. 99591, § 101(c) [title X, § 908(d)(1)(A)], Oct. 30, 1986, 100 Stat. 334182, 3341140; Pub. L. 99661, div. A, title IX, formerly title IV, § 908(d)(1)(A), Nov. 14, 1986, 100 Stat. 3920, renumbered title IX, Pub. L. 10026, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 103355, title I, § 1505(a), (b), Oct. 13, 1994, 108 Stat. 3298; Pub. L. 10585, div. A, title VIII, § 803(a), Nov. 18, 1997, 111 Stat. 1831; Pub. L. 11591, div. A, title VIII, § 815(b), Dec. 12, 2017, 131 Stat. 1462. Pub. L. 99500, Pub. L. 99591, and Pub. L. 99661 added identical subsections. The text of subsec. (c) of section 2326 of this title, which was transferred to this section, redesignated as subsec. (b), and amended by Pub. L. 116283, § 1819(c)(1), (3), was based on Pub. L. 11591, div. A, title VIII, § 815(a)(2), Dec. 12, 2017, 131 Stat. 1462. The text of subsec. (h) of section 2326 of this title, which was transferred to this section, redesignated as subsec. (c), and amended by Pub. L. 116283, § 1819(c)(1), (4), was based on Pub. L. 114328, div. A, title VIII, § 811(3), Dec. 23, 2016, 130 Stat. 2268; Pub. L. 11591, div. A, title VIII, § 815(a)(1), Dec. 12, 2017, 131 Stat. 1462.
Amendments2024—Subsec. (b). Pub. L. 118159 designated introductory provisions as par. (1) and inserted heading, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1) and realigned margins, and added par. (2). 2021—Subsec. (a). Pub. L. 116283, § 1819(c)(1), (2)(A), redesignated subsec. (b) of section 2326 of this title as subsec. (a) of this section and substituted “Contractual Action to Provide Time for Definitization of Contractual Terms, Specifications, and Price; Limitations on Obligation of Funds” for “Limitations on Obligation of Funds” in heading. Subsec. (a)(1). Pub. L. 116283, § 1819(c)(2)(A), inserted heading. Subsec. (a)(2). Pub. L. 116283, § 1819(c)(2)(C), inserted par. (2) designation and heading. Former par. (2) redesignated subpar. (A) of par. (2). Subsec. (a)(2)(A). Pub. L. 116283, § 1819(c)(2)(B), (D), redesignated subsec. (a)(2) as (a)(2)(A), inserted heading, realigned margin, and substituted “Except as provided in subparagraph (B),” for “Except as provided in paragraph (3),”. Subsec. (a)(2)(B). Pub. L. 116283, § 1819(c)(2)(B), (E), redesignated subsec. (a)(3) as (a)(2)(B), inserted heading, realigned margin, and substituted “section 3377(b) of this title” for “subsection (h)”. Subsec. (a)(3). Pub. L. 116283, § 1819(c)(2)(F), redesignated par. (4) as (3) and inserted heading. Former par. (3) redesignated subpar. (B) of par. (2). Subsec. (a)(4), (5). Pub. L. 116283, § 1819(c)(2)(G), redesignated par. (5) as (4) and inserted heading. Former par. (4) redesignated (3). Subsec. (b). Pub. L. 116283, § 1819(c)(1), (3), redesignated subsec. (c) of section 2326 of this title as subsec. (b) of this section and substituted “subsection (a)(1)” for “subsection (b)(1)” in introductory provisions. Subsec. (c). Pub. L. 116283, § 1819(c)(1), redesignated subsec. (h) of section 2326 of this title as subsec. (c) of this section. Subsec. (c)(1). Pub. L. 116283, § 1819(c)(4)(A), (B), inserted heading and substituted “subsection (a)(1)(A)” for “subsection (b)(1)(A)”. Subsec. (c)(2). Pub. L. 116283, § 1819(c)(4)(C), (D), inserted heading and substituted “subsection (a)(3)” for “subsection (b)(4)”.
Statutory Notes and Related Subsidiaries
Effective DateSection and amendment by Pub. L. 116283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
Existing Agreement Limits for Operation Warp SpeedPub. L. 117263, div. A, title VIII, § 883, Dec. 23, 2022, 136 Stat. 2746, which provided that the value of any modification to, or order made under, a contract or other agreement by the Department of Defense on or after March 1, 2020, to address the COVID19 pandemic through vaccines and other therapeutic measures generally would not be counted toward any limit established prior to March 1, 2020, on the total estimated amount of all projects to be issued under the contract or other agreement, was repealed by Pub. L. 11960, div. A, title VIII, § 811(b)(1), Dec. 18, 2025, 139 Stat. 948.
Relaxation of Undefinitized Contract Action Limitations and Restrictions Related to National Emergency for Coronavirus Disease 2019Pub. L. 116136, div. B, title III, § 13004, Mar. 27, 2020, 134 Stat. 522, provided that: “(a) Section 2326(b)(3) of title 10, United States Code [now 10 U.S.C. 3372(a)(2)(B)], shall not apply to any undefinitized contract action of the Department of Defense related to the national emergency for the Coronavirus Disease 2019 (COVID19). “(b) In this section, the term undefinitized contract action has the meaning given that term in section 2326(j)(6) of title 10, United States Code [probably means section 2326(j)(1) of title 10, now 10 U.S.C. 3377(b)(1), which defines “undefinitized contractual action”].” Pub. L. 116136, div. B, title III, § 13005, Mar. 27, 2020, 134 Stat. 522, provided that: “(a) The head of an agency may waive the provisions of section 2326(b) of title 10, United States Code [now 10 U.S.C. 3372(a)], with respect to a contract of such agency if the head of the agency determines that the waiver is necessary due to the national emergency for the Coronavirus Disease 2019 (COVID19). “(b) In this section, the term head of an agency has the meaning given that term in section 2302(2) [probably means section 2302(1); now 10 U.S.C. 3004] of title 10, United States Code.”
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# 10 U.S.C. § 3373 - Repealed. Pub. L. 11960, div. A, title VIII, § 811(a)(4), Dec. 18, 2025, 139 Stat. 948]
## Notes
Section, added and amended Pub. L. 116283, div. A, title XVIII, § 1819(a), (d), Jan. 1, 2021, 134 Stat. 4189, 4190, related to limitation on inclusion of non-urgent requirements and on modification of scope in undefinitized contractual actions.
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# 10 U.S.C. § 3374 - Undefinitized contractual actions: allowable profit
## Text
(a) Allowed Profit to Reflect Cost Risks of Contractor.— The head of an agency shall ensure that the profit allowed on an undefinitized contractual action for which the final price is negotiated after a substantial portion of the performance required is completed reflects—
(1) the possible reduced cost risk of the contractor with respect to costs incurred during performance of the contract before the final price is negotiated;
(2) the reduced cost risk of the contractor with respect to costs incurred during performance of the remaining portion of the contract;
(3) the increased cost risk of the contractor with respect to any costs incurred prior to the award of the undefinitized contractual action when such costs—
(A) would have been directly chargeable to the contract if incurred after the award of the contract; and
(B) were incurred to meet an anticipated contract delivery schedule or anticipated contract price targets of the Government under an acquisition strategy required under section 4211 of this title; and
(4) the increased cost risk of the contractor with respect to negotiations continuing for more than 180 days beginning on the date on which the contractor submitted the qualifying proposal to definitize such undefinitized contractual action.
(b) Date as of Which Contractor Cost Risk to Be Determined.— If a contractor submits a qualifying proposal to definitize an undefinitized contractual action and the contracting officer for such action definitizes the contract after the end of the 180-day period beginning on the date on which the contractor submitted the qualifying proposal, the head of the agency concerned shall ensure that the profit allowed on the contract accurately reflects the cost risk of the contractor as such risk existed on the date the contractor submitted the qualifying proposal.
(Added and amended Pub. L. 116283, div. A, title XVIII, § 1819(a), (e), Jan. 1, 2021, 134 Stat. 4189, 4190; Pub. L. 11960, div. A, title VIII, § 814(a), Dec. 18, 2025, 139 Stat. 953.)
## Notes
Editorial Notes
Codification The text of subsec. (f) of section 2326 of this title, which was transferred to this section and amended by Pub. L. 116283, § 1819(e), was based on Pub. L. 99500, § 101(c) [title X, § 908(d)(1)(A)], Oct. 18, 1986, 100 Stat. 178382, 1783141, and Pub. L. 99591, § 101(c) [title X, § 908(d)(1)(A)], Oct. 30, 1986, 100 Stat. 334182, 3341141; Pub. L. 99661, div. A, title IX, formerly title IV, § 908(d)(1)(A), Nov. 14, 1986, 100 Stat. 3921, renumbered title IX, Pub. L. 10026, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 114328, div. A, title VIII, § 811(1), Dec. 23, 2016, 130 Stat. 2268; Pub. L. 11591, div. A, title VIII, § 815(a)(1), Dec. 12, 2017, 131 Stat. 1462. Pub. L. 99500, Pub. L. 99591, and Pub. L. 99661 added identical subsections.
Amendments2025—Subsec. (a). Pub. L. 11960, § 814(a)(1), struck out “Certain Reduced” before “Cost Risks” in heading. Subsec. (a)(3), (4). Pub. L. 11960, § 814(a)(2)(4), added pars. (3) and (4). 2021—Pub. L. 116283, § 1819(e)(1)(A), transferred subsec. (f) of section 2326 of this title to this section and struck out subsec. (f) designation and heading “Allowable Profit” at beginning. Subsec. (a). Pub. L. 116283, § 1819(e)(1)(B), (2), redesignated par. (1) of former section 2326(f) of this title as subsec. (a) of this section, inserted heading, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively. Subsec. (b). Pub. L. 116283, § 1819(e)(1)(B), (3), redesignated par. (2) of former section 2326(f) of this title as subsec. (b) of this section and inserted heading.
Statutory Notes and Related Subsidiaries
Effective DateSection and amendment by Pub. L. 116283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
RegulationsPub. L. 11960, div. A, title VIII, § 814(b), Dec. 18, 2025, 139 Stat. 953, provided that: “Not later than 120 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to carry out section 3374(a) of title 10, United States Code, as amended by subsection (a).”
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# 10 U.S.C. § 3375 - Undefinitized contractual actions: time limit
## Text
No undefinitized contractual action may extend beyond 90 days without a written determination by the Secretary of the military department concerned, the head of the Defense Agency concerned, the commander of the combatant command concerned, or the Under Secretary of Defense for Acquisition and Sustainment (as applicable) that it is in the best interests of the military department, the Defense Agency, the combatant command, or the Department of Defense, respectively, to continue the action.
(Added and amended Pub. L. 116283, div. A, title XVIII, § 1819(a), (f), Jan. 1, 2021, 134 Stat. 4189, 4190.)
## Notes
Editorial Notes
Codification The text of subsec. (g) of section 2326 of this title, which was transferred to this section and amended by Pub. L. 116283, § 1819(f), was based on Pub. L. 114328, div. A, title VIII, § 811(3), Dec. 23, 2016, 130 Stat. 2268; Pub. L. 11591, div. A, title VIII, § 815(a)(1), Dec. 12, 2017, 131 Stat. 1462; Pub. L. 11692, div. A, title IX, § 902(50), Dec. 20, 2019, 133 Stat. 1548.
Prior ProvisionsA prior section 3375, added Pub. L. 85861, § 1(80)(E), Sept. 2, 1958, 72 Stat. 1475, related to transfer or discharge of reserve generals ceasing to occupy commensurate positions, prior to repeal by Pub. L. 103337, div. A, title XVI, §§ 1629(a)(1), 1691(b)(1), Oct. 5, 1994, 108 Stat. 2963, 3026, effective Oct. 1, 1996. See section 14314(a) of this title.
Amendments2021—Pub. L. 116283, § 1819(f), transferred subsec. (g) of section 2326 of this title to this section and struck out subsec. (g) designation and heading “Time Limit” at beginning.
Statutory Notes and Related Subsidiaries
Effective DateSection and amendment by Pub. L. 116283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
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