US Code

Public Law 119-73 (01/23/2026)

41 U.S.C. § 1903

Special emergency procurement authority

(a)

Applicability .—

The authorities provided in subsections (b) and (c) apply with respect to a procurement of property or services by or for an executive agency that the head of the executive agency determines are to be used—
(1)
section 101(a) of title 10 in support of a contingency operation (as defined in );
(2)
to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States;
(3)
22 U.S.C. 2292 in support of a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate the provision of international disaster assistance pursuant to chapter 9 of part I of the Foreign Assistance Act of 1961 ( et seq.); or
(4)
42 U.S.C. 5122 in support of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ()).
(b)

Increased Thresholds and Limitation .—

For a procurement to which this section applies under subsection (a)—
(1)
the amount specified in section 1902(a), (d), and (e) of this title shall be deemed to be—
(A)
$15,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and
(B)
$25,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States;
(2)
the term “simplified acquisition threshold” means—
(A)
$750,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and
(B)
$1,500,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States; and
(3)
section 3205(a)(2) of title 10 the $5,000,000 limitation in sections 1901(a)(2) and 3305(a)(2) of this title and is deemed to be $10,000,000.
(c)

Authority To Treat Property or Service as Commercial Product or Commercial Service.—

(1)

In general .—

The head of an executive agency carrying out a procurement of property or a service to which this section applies under subsection (a)(2) may treat the property or service as a commercial product or a commercial service for the purpose of carrying out the procurement.
(2)

Certain contracts not exempt from standards or requirements .—

A contract in an amount of more than $15,000,000 that is awarded on a sole source basis for a product or service treated as a commercial product or a commercial service under paragraph (1) is not exempt from—
(A)
section 1502 of this title cost accounting standards prescribed under ; or
(B)
cost or pricing data requirements (commonly referred to as truth in negotiating) under chapter 35 of this title and chapter 271 of title 10.

Pub. L. 111–350, § 3124 Stat. 3721Pub. L. 114–92, div. A, title VIII, § 816129 Stat. 897Pub. L. 114–328, div. A, title VIII, § 816130 Stat. 2272Pub. L. 115–232, div. A, title VIII, § 836(b)(5)132 Stat. 1861Pub. L. 117–81, div. A, title XVII, § 1702(h)(7)135 Stat. 2158(, , ; , , ; , title XVI, § 1641, , , 2600; , , ; , , .)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

1903(a)

41:428a(a), (e).

Pub. L. 93–400, § 32A, as added Pub. L. 108–136, title XIV, § 1443(a)(1), Nov. 24, 2003, 117 Stat. 1675; Pub. L. 108–375, title VIII, § 822, Oct. 28, 2004, 118 Stat. 2016.

1903(b)

41:428a(b), (c).

1903(c)

41:428a(d).

Editorial Notes

References in Text

Pub. L. 87–19575 Stat. 424section 2151 of Title 22The Foreign Assistance Act of 1961, referred to in subsec. (a)(3), is , , . Chapter 9 of part I of the Act is classified generally to part IX [§ 2292 et seq.] of subchapter I of chapter 32 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 117–81, § 1702(h)(7)(A)2021—Subsec. (b)(3). , substituted “section 3205(a)(2)” for “section 2304(g)(1)(B)”.

Pub. L. 117–81, § 1701(h)(7)(B)Subsec. (c)(2)(B). , substituted “chapter 271” for “section 2306a”.

Pub. L. 115–232, § 836(b)(5)(A)2018—Subsec. (c). , substituted “Commercial Product or Commercial Service” for “Commercial Item” in heading.

Pub. L. 115–232, § 836(b)(5)(B)Subsec. (c)(1). , substituted “as a commercial product or a commercial service” for “as a commercial item”.

Pub. L. 115–232, § 836(b)(5)(C)Subsec. (c)(2). , substituted “for a product or service treated as a commercial product or a commercial service” for “for an item or service treated as a commercial item” in introductory provisions.

Pub. L. 114–328, § 16412016—Subsec. (a)(2). , inserted “cyber,” before “nuclear,”.

Pub. L. 114–328, § 816Subsec. (a)(3), (4). , added pars. (3) and (4).

Pub. L. 114–92, § 816(1)2015—Subsec. (b)(2)(A). , substituted “$750,000” for “$250,000”.

Pub. L. 114–92, § 816(2)Subsec. (b)(2)(B). , substituted “$1,500,000” for “$1,000,000”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232section 836(h) of Pub. L. 115–232section 453b of Title 6Amendment by effective , subject to a savings provision, see , set out as an Effective Date of 2018 Amendment; Savings Provision note under , Domestic Security.