US Code

Public Law 119-83 (04/13/2026)

10 U.S.C. § 3801

Authority of agency

(a)

Payment Authority .—

The head of any agency may—
(1)
make advance, partial, progress, or other payments under contracts for property or services made by the agency; and
(2)
insert in solicitations for procurement of property or services a provision limiting to small business concerns advance or progress payments.
(b)

Payment Dates for Contractors That Are Small Business Concerns.—

(1)

Prime contractors .—

section 8701 of title 4115 U.S.C. 632For a prime contractor (as defined in ) that is a small business concern (as defined in section 3 of the Small Business Act ()), the Secretary of Defense shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due.
(2)

Subcontractors .—

For a prime contractor that subcontracts with a small business concern, the Secretary of Defense shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due if the prime contractor agrees to make payments to the subcontractor in accordance with the accelerated payment date, to the maximum extent practicable, without any further consideration from or fees charged to the subcontractor.

Pub. L. 116–283, div. A, title XVIII, § 1834(a)134 Stat. 4234 (Added and amended , (b), , .)

Editorial Notes

Codification

section 2307 of this titlePub. L. 116–283, § 1834(b)act Aug. 10, 1956, ch. 1041 70A Stat. 131 Pub. L. 85–800, § 972 Stat. 967 Pub. L. 103–355, title II, § 2001(a)(2)108 Stat. 3301 Pub. L. 115–232, div. A, title VIII, § 852132 Stat. 1884 Pub. L. 116–92, div. A, title XVII, § 1731(a)(40)133 Stat. 1814 Pub. L. 116–283, div. A, title VIII, § 815134 Stat. 3750 Pub. L. 117–81, div. A, title VIII, § 814135 Stat. 1823 The text of subsec. (a) of , which was transferred to this section and amended by , was based on , ; , , ; , (c), , , 3302; , , ; , , ; , , ; , , .

Amendments

Pub. L. 116–283, § 1834(b)(1)(A)section 2307 of this title2021—Subsec. (a). , (2), transferred subsec. (a) of to this section, struck out par. (1) designation before “The head of”, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively. Former par. (2) of subsec. (a) redesignated subsec. (b).

Pub. L. 116–283, § 1834(b)(1)(B)Subsec. (b). , (3)(A)–(C)(i), redesignated par. (2) of subsec. (a) as subsec. (b), inserted subsec. heading, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, and inserted par. headings.

Pub. L. 116–283, § 1834(b)(3)(C)(ii)section 815(2) of Pub. L. 116–283section 2307(a)(2)(B) of this titleSubsec. (b)(2). , which directed amendment of par. (2) by redesignating cls. (i) and (ii) as subpars. (A) and (B), respectively, could not be executed because of the amendment made by , which struck out cls. (i) and (ii) in prior to its transfer and redesignation as subsec. (b)(2) of this section.

Statutory Notes and Related Subsidiaries

Effective Date

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