§6321 — Title 10 Armed Forces | U.S. Code

Summary

Bars certain costs from being charged to Department of Energy national security contracts worth more than $100,000. Contractors may not bill for things like entertainment and related expenses; efforts to influence Congress or a State legislature; defense costs in U.S. fraud cases when the contractor is found liable or pleads nolo contendere; fines and penalties (unless caused by following a specific contract term or when the contracting officer gave written advance permission under DOE rules); club memberships; alcoholic drinks; donations; advertising that promotes the contractor; promotional items or souvenirs; and unnecessary expensive air travel that costs more than a standard commercial fare. The Secretary of Energy must write and publish rules to carry out these limits within 150 days after November 8, 1985. The rules can define terms and set limits. The rules cannot bar costs for giving factual, technical, or scientific information or expert advice to Congress or a State legislature when asked, nor the travel, lodging, or meals needed to provide that information. These cost limits apply to charges made 30 days after those rules are issued. A "covered contract" means a DOE national security contract over $100,000.

Title 10, §6321

Armed Forces — Source: USLM XML via OLRC

(a)The following costs are not allowable under a covered contract:

(1)Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities).

(2)Costs incurred to influence (directly or indirectly) legislative action on any matter pending before Congress or a State legislature.

(3)Costs incurred in defense of any civil or criminal fraud proceeding or similar proceeding (including filing of any false certification) brought by the United States where the contractor is found liable or has pleaded nolo contendere to a charge of fraud or similar proceeding (including filing of false certification).

(4)Payments of fines and penalties resulting from violations of, or failure to comply with, Federal, State, local, or foreign laws and regulations, except when incurred as a result of compliance with specific terms and conditions of the contract or specific written instructions from the contracting officer authorizing in advance such payments in accordance with applicable regulations of the Secretary of Energy.

(5)Costs of membership in any social, dining, or country club or organization.

(6)Costs of alcoholic beverages.

(7)Contributions or donations, regardless of the recipient.

(8)Costs of advertising designed to promote the contractor or its products.

(9)Costs of promotional items and memorabilia, including models, gifts, and souvenirs.

(10)Costs for travel by commercial aircraft or by travel by other than common carrier that is not necessary for the performance of the contract and the cost of which exceeds the amount of the standard commercial fare.

(b)(1)Not later than 150 days after November 8, 1985, the Secretary of Energy shall prescribe regulations to implement this section. Such regulations may establish appropriate definitions, exclusions, limitations, and qualifications. Such regulations shall be published in accordance with section 1707 of title 41.

(2)In any regulations implementing subsection (a)(2), the Secretary may not treat as not allowable (by reason of such subsection) the following costs of a contractor:

(A)Costs of providing to Congress or a State legislature, in response to a request from Congress or a State legislature, information of a factual, technical, or scientific nature, or advice of experts, with respect to topics directly related to the performance of the contract.

(B)Costs for transportation, lodging, or meals incurred for the purpose of providing such information or advice.

(c)In this section, the term “covered contract” means a contract for an amount more than $100,000 entered into by the Secretary of Energy obligating funds appropriated for national security programs of the Department of Energy.

(d)Subsection (a) shall apply with respect to costs incurred under a covered contract on or after 30 days after the regulations required by subsection (b) are issued.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6321 was renumbered section 8321 of this title. Provisions similar to those in this section were contained in section 2781 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.

§6321 Costs Not Allowed Under Covered Contracts