[House Report 112-662]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session No. 112-662
======================================================================
TO MAKE IMPROVEMENTS IN THE ENACTMENT OF TITLE 41, UNITED STATES CODE,
INTO A POSITIVE LAW TITLE AND TO IMPROVE THE CODE
_______
September 10, 2012.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Smith, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 6080]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 6080) to make improvements in the enactment of title
41, United States Code, into a positive law title, and to
improve the Code, having considered the same, reports favorably
thereon and recommends that the bill do pass.
TABLE OF CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
New Budget Authority and Tax Expenditures........................ 2
Congressional Budget Office Cost Estimate........................ 2
Performance Goals and Objectives................................. 3
Advisory on Earmarks............................................. 3
Section-by-Section Explanation................................... 3
Changes in Existing Law Made by the Bill, as Reported............ 4
Purpose and Summary
H.R. 6080 makes improvements in the enactment of title 41,
United States Code, into a positive law title and improves the
Code.
Background and Need for Legislation
Public Law 111-350, which was signed into law on January 4,
2011, enacted certain laws relating to public contracts as
title 41, United States Code, ``Public Contracts''. H.R. 6080
makes conforming amendments in laws classified to various
titles of the Code that are necessary because of the enactment
of title 41, makes clarifying amendments to title 41, and makes
technical amendments to Public Law 111-350.
Hearings
The Committee on the Judiciary held no hearings on H.R.
6080.
Committee Consideration
On July 10, 2012, the Committee met in open session and
ordered the bill H.R. 6080 favorably reported, by a voice vote,
a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 6080.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 6080, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 18, 2012.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6080, a bill to
make improvements in the enactment of title 41, United States
Code, into a positive law title and to improve the Code.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford, who can be reached at 226-2860.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 6080--A bill to make improvements in the enactment of title 41,
United States Code, into a positive law title and to improve the Code.
As ordered reported by the House Committee on the Judiciary
on July 10, 2012.
H.R. 6080 would make conforming, clarifying, and technical
changes to most titles of the United States Code that address
public contracts. Information from the Office of Law Revision
Counsel indicates that the bill would make no substantive
changes to the law; therefore, CBO estimates that enacting H.R.
6080 would have no significant impact on the Federal budget.
The bill would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
H.R. 6080 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of State, local, or tribal
governments.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
6080 will make improvements in the enactment of title 41,
United States Code, into a positive law title and will improve
the Code.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 6080 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Table of contents. Section 1 sets forth the table
of contents of the bill
Sec. 2. Purpose. Section 2 sets forth the purpose of the
bill.
Secs. 3 through 40. Conforming, clarifying, and technical
amendments. Sections 3 through 40 make conforming amendments in
laws classified to various titles of the United States Code,
make clarifying amendments to title 41, and make technical
amendments to Public Law 111-350.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, H.R. 6080, as reported are shown as follows:
TITLE 2--THE CONGRESS
Sec. 61f8 (Public Law 9751, Sec. 117)
Sec. 117. For each fiscal year (beginning with the fiscal
year which ends September 30 1982), the Sergeant of Arms and
Doorkeeper of the Senate is hereby authorized to expend from
the account for the Sergeant of Arms and Doorkeeper of the
Senate, within the contingent fund of the Senate, an amount not
to exceed $300,000:
(1) the procurement of the services, on a temporary
basis, of individual consultants, or organizations
thereof, with the prior consent of the Committee on
Rules and Administration; such services may be procured
by contract with the providers acting as independent
contractors, or in the case of individuals, by
employment at daily rates of compensation not in excess
of the per diem equivalent of the highest gross rate of
annual compensation which may be paid to employees of a
standing committee of the Senate; and any such contract
shall not be subject to the provisions of [section 5]
section 6101 of title 5, United States Code or any
other provision of law requiring advertising; and
Sec. 61g-7(b) (Supplemental Appropriations Act, 1985, Sec. 195(b))
Sec. 195. (a)
* * *
(b) Such services in the case of individuals or organizations
may be procured by contract as independent contractors, or in
the case of individuals, by employment at daily rates of
compensation not in excess of the per diem equivalent of the
highest gross rate of compensation which may be paid to a
regular employee of such committee. Such contracts shall not be
subject to the provisions of [section 5 of title 41] section
6101 of title 41, United States Code, or any other provision of
law requiring advertising.
72a(i)(2) (Legislative Reorganization Act of 1946, Sec. 202(i)(2))
Sec. 202. (a) Each standing committee of the Senate (other
than the Committee on Appropriations) is authorized to appoint,
by majority vote of the committee, not more than six
professional staff members in addition to the clerical staffs.
Such professional staff members shall be assigned to the
chairman and the ranking minority member of such committee as
the committee may deem advisable, except that whenever a
majority of the minority members of such committee so request,
two of such professional staff members may be selected for
appointment by majority vote of the minority members and the
committee shall appoint any staff members so selected. A staff
member or members appointed pursuant to a request by the
minority members of the committee shall be assigned to such
committee business as such minority members deem advisable.
Services of professional staff members appointed by majority
vote of the committee may be terminated by a majority vote of
the committee and services of professional staff members
appointed pursuant to a request by the minority members of the
committee shall be terminated by the committee when a majority
of such minority members so request. Professional staff members
authorized by this subsection shall be appointed on a permanent
basis, without regard to political affiliation, and solely on
the basis of fitness to perform the duties of their respective
positions. Such professional staff members shall not engage in
any work other than committee business and no other duties may
be assigned to them.
* * *
(i)(1) Each standing committee of the Senate or House of
Representatives is authorized, with the approval of the
Committee on Rules and Administration in the case of standing
committees of the Senate, or the Committee on House Oversight
in the case of standing committees of the House of
Representatives, within the limits of funds made available from
the contingent fund of the Senate or the applicable accounts of
the House of Representatives pursuant to resolutions which, in
the case of the Senate, shall specify the maximum amounts which
may be used for such purpose, approved by the appropriate
House, to procure the temporary services (not in excess of one
year) or intermittent services of individual consultants, or
organizations thereof, to make studies or advise the committee
with respect to any matter within its jurisdiction or with
respect to the administration of the affairs of the committee.
(2) Such services in the case of individuals or organizations
may be procured by contract as independent contractors, or in
the case of individuals by employment at daily rates of
compensation not in excess of the per diem equivalent of the
highest gross rate of compensation which may be paid to a
regulr employee of such committee. Such contracts shall not be
subject to the provisions of [section 3709 of the Revised
States (41 U.S.C. 5)] section 6101 of title 41, United States
Code, or any other provision of law requiring advertising.
Sec. 135a (Act of March 3, 1931, Sec. 1)
That there is authorized to be appropriated annually to the
Library of Congress, in addition to appropriations otherwise
made to said Library, such sums for expenditure under the
direction of the Librarian of Congress as may be necessary to
provide books published either in raised characters, on sound-
reproduction recordings or in any other form, and for purchase,
maintenance, and replacement of reproducers for such sound-
reproduction recordings, for the use of the blind and for other
physically handicapped residents of the United States,
including the several States, Territories, insular possessions,
and the District of Columbia, all of which books, recordings,
and reproducers will remain the property of the Library of
Congress but will be loaned to blind and to other physically
handicapped readers certified by competent authority as unable
to read normal printed material as a result of physical
limitations, under regulations prescribed by the Librarian of
Congress for this service. In the purchase of books in either
raised characters or in sound-reproduction recordings the
Librarian of Congress, without reference to the provisions of
[section 3709 of the Revised Statutes of the United States (41
U.S.C. 5)] section 6101 of title 41, United States Code shall
give preference to nonprofit-making institutions or agencies
whose activities are primarily concerned with the blind and
with other physically handicapped persons, in all cases where
the prices or bids submitted by such institutions or agencies
are, by said Librarian, under all the circumstances and needs
involved, determined to be fair and reasonable.
Sec. 141a (Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999, div. B, title II, ch. 5,
paragraph under heading ``GENERAL PROVISION, THIS
CHAPTER'')
The responsibility for design, installation, and maintenance
of security systems to protect the physical security of the
buildings and grounds of the Library of Congress is transferred
from the Architect of the Capitol to the Capitol Police Board.
Such design, installation, and maintenance shall be carried out
under the direction of the Committee on House Oversight of the
House of Representatives and the Committee on Rules and
Administration of the Senate, and without regard to [section
3709 of the Revised Statutes of the United States (41 U.S.C.
5)] section 6101 of title 41, United States Code. Any
alteration to a structural, mechanical, or architectural
feature of the buildings and grounds of the Library of Congress
that is required for a security system under the preceding
sentence may be carried out only with the approval of the
Architect of the Capitol.
Sec. 471 note (Legislative Branch Appropriations Act, 1996, Sec. 114)
Sec. 114. Notwithstanding the provisions of [the Federal
Property and Administrative Services Act of 1949, as amended]
chapter 5 of title 40, United States Code, or any other
provision of law, upon the abolition of the Office of
Technology Assessment, all records and property of the Office
(including the Unix system, all computer hardware and software,
all library collections and research materials, and all
photocopying equipment), shall be under the administrative
control of the Architect of the Capitol. Not later than
December 31, 1995, the Architect shall submit a proposal to
transfer such records and property to appropriate support
agencies of the Legislative Branch which request such transfer,
and shall carry out such transfer subject to the approval of
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 475(a) (Technology Assessment Act of 1972, Sec. 6(a))
Sec. 6. The Office shall have the authority, within the
limits of available appropriations, to do all things necessary
to carry out the provisions of this chapter, including, but
without being limited to, the authority to--
* * *
(2) enter into contracts or other arrangements as may
be necessary for the conduct of the work of the Office
with any agency or instrumentality of the United
States, with any State, territory, or possession or any
political subdivision thereof, or with any person,
firm, association, corporation, or educational
institution, with or without reimbursement, without
performance or other bonds, and without regard to
[section 3709 of the Revised Statutes (41 U.S.C. 5)]
section 6101 of title 41, United States Code;
(3) make advance, progress, and other payments which
relate to technology assessment without regard to the
provisions of [section 3548 of the Revised Statutes (31
U.S.C. 529)] section 3324(a) and (b) of title 31;
Sec. 1108(a)(6) (John C. Stennis Center for Public Service Training and
Development Act, Sec. 119(a)(6))
SEC. 119. ADMINISTRATIVE PROVISIONS.
(a) In general.--In order to carry out the provisions of this
chapter, the Center may--
* * *
(6) enter into contracts, grants, or other
arrangements, or modifications thereof, to carry out
the provisions of this chapter, and such contracts or
modifications thereof may, with the concurrence of two-
thirds of the members of the Board, be entered into
without performance or other bonds, and without regard
to [section 3709 of the Revised Statutes (41 U.S.C. 5)]
section 6101 of title 41 United States Code;
Sec. 1151 note (Emergency Supplemental Appropriations Act,
Sec. 3011b)(4)(B))
Sec. 3011. Russian Leadership Program. (a) Purpose.--It is
the purpose of this section to establish, in accordance with
the provisions of this section--
* * *
(b) Grants.--
* * *
(4) Administration.--
* * *
(B) Waiver of competitive bidding.--The
Librarian of Congress, after consultation with
the Joint Committee on the Library of Congress,
may enter into contracts under subparagraph
(A)(i) to carry out the pilot program during
fiscal years 2000 and 2001 without regard to
[section 3709 of the Revised Statutes] section
6101 of title 41, United States Code, or any
other requirement for competitive contracting
or the providing of notice of contracting
opportunities.
Sec. 1816a(a) (Legislative Branch Appropriations Act, 2008,
Sec. 1308(a))
Sec. 1308. Design-Build Contracts.--(a) Notwithstanding any
other provision of law, the Architect of the Capitol may use
the two-phase selection procedures authorized in [section 303M
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253m)] section 3309 of title 41, United States Code,
for entering into a contract for the design and construction of
a public building, facility, or work in the same manner and
under the same terms and conditions as the head of an executive
agency under such section.
Sec. 1816b (Public Law 96-558)
That, notwithstanding any other provision of law, the
Architect of the Capitol is authorized to contract for personal
services with any firm, partnership, corporation, association,
or other legal entity in the same manner as he is authorized to
contract for personal services with individuals under the
provisions of [section 3709 of the Revised Statutes of the
United States (41 U.S.C. 5)] section 6101 of title 41, United
States Code.
Sec. 1821(a)(1) (Legislative Branch Appropriations Act, 2003,
Sec. 1201(a)(1))
Sec. 1201. Small purchase contracting authority. (a) In
general.--Notwithstanding any other provision of law--
(1) [section 3709 of the Revised Statutes of the
United States (41 U.S.C. 5)] section 6101 of title 41,
United States Code, shall apply with respect to
purchases and contracts for the Architect of the
Capitol as if the reference to ``$25,000'' in paragraph
(1) of such section were a reference to ``$100,000'';
and
Sec. 1964(b) (Legislative Branch Appropriations Act, 1996, Sec. 308(b))
Sec. 308. (a)(1) Effective October 1, 1995, the unexpended
balances of appropriations specified in paragraph (2) are
transferred to the appropriation for general expenses of the
Capitol Police, to be used for design and installation of
security systems for the Capitol buildings and grounds.
* * *
(b) Effective October 1, 1995, the responsibility for design
and installation of security systems for the Capitol buildings
and grounds is transferred from the Architect of the Capitol to
the Capitol Police Board. Such design and installation shall be
carried out under the direction of the Committee on House
Oversight of the House of Representatives and the Committee on
Rules and Administration of the Senate, and without regard to
[section 3709 of the Revised Statutes of the United States (41
U.S.C. 5)] section 6101 of title 41. On and after October 1,
1995, any alteration to a structural, mechanical, or
architectural feature of the Capitol buildings and grounds that
is required for a security system under the preceding sentence
may be carried out only with the approval of the Architect of
the Capitol.
Sec. 2021 note (Public Law 102-330, Sec. 1(d))
(a) Acquisition of Property.--(1) The Architect of the
Capitol, under the direction of the Senate Committee on Rules
and Administration, may acquire, on behalf of the United States
Government, by purchase, condemnation, transfer or otherwise,
as an addition to the United States Capitol Grounds, such real
property in the District of Columbia as may be necessary to
carry out the provisions of this Act [this note]. Real property
acquired for purposes of this Act, may, in the discretion of
the Architect of the Capitol, extend to the outer face of the
curbs of such property so acquired, including alleys or parts
of alleys and streets within the lot lines and curblines
surrounding such real property, together with any or all
improvements thereon.
* * *
(d) Repairs; Expenditures.--The Architect of the Capitol is
authorized, without regard to the provisions of [section 3709
of the Revised Statutes of the United States] section 6101 of
title 41, United States Code, to enter into contracts and to
make expenditures for (1) necessary repairs to, and
refurbishment of, the real property and the improvements on
such real property acquired in accordance with subsection (a),
including expenditures for personal and other services as may
be necessary to carry out the purposes of this Act; and (2) for
the construction on such real property of any facilities
thereon as authorized under subsection (f). In no event shall
the aggregate value of contracts and expenditures under this
subsection exceed an amount equal to that authorized to be
appropriated pursuant to subsection (e).
Sec. 2146(b)(3) (Legislative Branch Appropriations Act, 1989,
Sec. 307E(b)(3))
Sec. 307E. (a) The Architect of the Capitol, subject to the
direction of the Joint Committee on the Library, is authorized
to--
* * *
(b)(1) Gifts or bequests of money under subsection (a)(2) of
this section shall, when received by the Architect, be
deposited with the Treasurer of the United States, who shall
credit these deposits as offsetting collections to an account
entitled ``Botanic Garden, Gifts and Donations''. The gifts or
bequests described under subsection (a)(2) of this section
shall be accepted only in the total amount provided in
appropriations Acts.
* * *
(3) Receipts, obligations, and expenditures of funds under
this section shall be included in annual estimates submitted by
the Architect for the operation and maintenance of the Botanic
Garden and such funds shall be expended by the Architect,
without regard to [section 3709 of the Revised Statutes]
section 6101 of title 41, United States Code, for the purposes
of this section after approval in appropriation Acts. All such
sums shall remain available until expended, without fiscal year
limitation.
TITLE 5--GOVERNMENT ORGANIZATIONS AND EMPLOYEES
Sec. 571 note (Administrative Dispute Resolution Act, Sec. 3(d)(2)(B))
* * *
(d) Procedures for Grants and Contracts.--
* * *
(2)(A) Within 1 year after the date of the enactment
of this Act, the Federal Acquisition Regulation shall
be amended, as necessary, to carry out this Act and the
amendments made by this Act.
(B) For purposes of this section, the term ``Federal
Acquisition Regulation'' means the single system of
Government-wide procurement regulation referred to in
[section 6(a) of the Office of Federal Procurement
Policy Act (41 U.S.C. 405(a))] section 1121(b) of title
41, United States Code.
Sec. 595(c)(10)
Sec. 595. Organization of the Conference
* * *
(c) The Chairman is the chief executive of the Conference. In
that capacity he has the power to--
* * *
(10) organize and direct studies ordered by the
Assembly or the Council, to contract for the
performance of such studies with any public or private
persons, firm, association, corporation, or institution
under [title III of the Federal Property and
Administrative Services Act of 1949, as amended (41
U.S.C. 251-260)] the provisions referred to in section
171(c) of title 41, and to use from time to time, as
appropriate, experts and consultants who may be
employed in accordance with section 3109 of this title
at rates not in excess of the maximum rate of pay for
grade GS-15 as provided in section 5332 of this title;
Sec. 2301 note (Notification and Federal Employee Administration and
Retaliation Act of 2002, Sec. 206)
SEC. 206. STUDIES BY GENERAL ACCOUNTING OFFICE ON EXHAUSTION OF
ADMINISTRATIVE REMEDIES AND ON ASCERTAINMENT OF CERTAIN
DEPARTMENT OF JUSTICE COSTS.
* * *
(c) Studies on Statutory Effects on Agency Operations.--
(1) In general.--Not later than 18 months after the
date of enactment of this Act, the General Accounting
Office shall conduct--
* * *
(B) a study on the effects of [section 13 of
the Contract Disputes Act of 1978 (41 U.S.C.
612)] section 7108 of title 41, United States
Code, on the operations of Federal agencies.
* * *
(d) Study on Administrative and Personnel Costs Incurred by
the Department of the Treasury.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the General Accounting Office
shall conduct a study on the extent of any
administrative and personnel costs incurred by the
Department of the Treasury to account for payments made
in accordance with section 2414, 2517, 2672, or 2677 of
title 28, United States Code, and under section 1304 of
title 31, United States Code, as a result of--
* * *
(B) [the Contracts Dispute Act of 1978 (41
U.S.C. 601 note; Public Law 95-563)] chapter 71
of title 41, United States Code.
Sec. 3109(b)
Sec. 3109. Employment of experts and consultants; temporary or
intermittent
* * *
(b) When authorized by an appropriation or other statute, the
head of an agency may procure by contract the temporary (not in
excess of 1 year) or intermittent services of experts or
consultants or an organization thereof, including stenographic
reporting services. Services procured under this section are
without regard to--
* * *
(3) [section 6101(b) to (d)] section 6101 of title
41, except in the case of stenographic reporting
services by an organization.
Sec. 3702 note (National Defense Authorization Act for Fiscal Year
2010, Sec. 1110(e)(2)(G))
SEC. 1110. PILOT PROGRAM FOR THE TEMPORARY ASSIGNMENT OF
INFORMATION TECHNOLOGY PERSONNEL TO PRIVATE SECTOR
ORGANIZATIONS.
* * *
(e) Terms and Conditions for Private Sector Employees.--An
employee of a private sector organization who is assigned to a
Department of Defense organization under this section--
* * *
(2) is deemed to be an employee of the Department of
Defense for the purposes of--
* * *
(G) [section 27 of the Office of Federal
Procurement Policy Act] chapter 21 of title 41,
United States Code; and
Sec. 4105. Non-Government facilities; use of
The head of an agency, without regard to [section 6101(b) to
(d)] section 6101 of title 41, may make agreements or other
arrangements for the training of employees of the agency by,
in, or through non-Government facilities under this chapter.
Sec. 8709(a)
Sec. 8709. Insurance policies
(a) The Office of Personnel Management, without regard to
[section 6101(b) to (d)] section 6101 of title 41, may purchase
from one or more life insurance companies a policy or policies
of group life and accidental death and dismemberment insurance
to provide the benefits specified by this chapter. A company
must meet the following requirements:
Sec. 8714a(a)
Sec. 8714a. Optional insurance
(a) Under the conditions, directives, and terms specified in
sections 8709-8712 of this title, the Office of Personnel
Management, without regard to [section 6101(b) to (d)] section
6101 of title 41, may purchase a policy which shall make
available to each insured employee equal amounts of optional
life insurance and accidental death and dismemberment insurance
in addition to the amounts provided in section 8704(a) of this
title.
Sec. 8714b(a)
Sec. 8714b. Additional optional life insurance
(a) Under the conditions, directives, and terms specified in
sections 8709 through 8712 of this title, the Office of
Personnel Management, without regard to [section 6101(b) to
(d)] section 6101 of title 41, may purchase a policy which
shall make available to each employee insured under section
8702 of this title amounts of additional optional life
insurance (without accidental death and dismemberment
insurance). An employee may elect coverage under this section
without regard to whether the employee has elected coverage
under optional insurance available under section 8714a of this
title.
Sec. 8714c(a)
Sec. 8714c. Optional life insurance on family members
(a) Under the conditions, directives, and terms specified in
sections 8709 through 8712 of this title, the Office of
Personnel Management, without regard to [section 6101(b) to
(d)] section 6101 of title 41, may purchase a policy which
shall make available to each employee insured under section
8702 of this title amounts of optional life insurance (without
accidental death and dismemberment insurance) on the employee's
family members.
Sec. 8902(a)
Sec. 8902. Contracting authority
(a) The Office of Personnel Management may contract with
qualified carriers offering plans described by section 8903 or
8903a of this title, without regard to [section 6101(b) to (d)]
section 6101 of title 41 or other statute requiring competitive
bidding. Each contract shall be for a uniform term of at least
1 year, but may be made automatically renewable from term to
term in the absence of notice of termination by either party.
Sec. 8953
Sec. 8953. Contracting authority
(a)(1) The Office shall contract with a reasonable number of
qualified companies for a policy or policies of benefits
described under section 8954 without regard to [section 6101(b)
to (d)] section 6101 of title 41 or any other statute requiring
competitive bidding. An employee organization may contract with
a qualified company for the purpose of participating with that
qualified company in any contract between the Office and that
qualified company.
* * *
(d)(1) Each contract under this chapter shall require the
qualified company to agree--
* * *
(3) For purposes of applying [the Contract Disputes Act of
1978] chapter 71 of title 41 to disputes arising under this
chapter between a qualified company and the Office--
(A) the agency board having jurisdiction to decide an
appeal relative to such a dispute shall be such board
of contract appeals as the Director of the Office of
Personnel Management shall specify in writing [(after
appropriate arrangements, as described in section 8(c)
of such Act)]; and
(B) the district courts of the United States shall
have original jurisdiction, concurrent with the United
States Court of Federal Claims, of any action described
in [section 10(a)(1) of such Act] section 7104(b)(1) of
title 41 relative to such a dispute.
* * *
8983
Sec. 8983. Contracting authority
(a)(1) The Office shall contract with a reasonable number of
qualified companies for a policy or policies of benefits
described under section 8984 without regard to [section 6101(b)
to (d)] section 6101 of title 41 or any other statute requiring
competitive bidding. An employee organization may contract with
a qualified company for the purpose of participating with that
qualified company in any contract between the Office and that
qualified company.
* * *
(d)(1) Each contract under this chapter shall require the
qualified company to agree--
* * *
(3) For purposes of applying [the Contract Disputes Act of
1978] chapter 71 of title 41 to disputes arising under this
chapter between a qualified company and the Office--
(A) the agency board having jurisdiction to decide an
appeal relative to such a dispute shall be such board
of contract appeals as the Director of the Office of
Personnel Management shall specify in writing [(after
appropriate arrangements, as described in section 8(c)
of such Act)]; and
(B) the district courts of the United States shall
have original jurisdiction, concurrent with the United
States Court of Federal Claims, of any action described
in [section 10(a)(1) of such Act] section 7104(b)(1) of
title 41 relative to such a dispute.
Sec. 9003(a)
Sec. 9003. Contracting authority
(a) In General.--The Office of Personnel Management shall,
without regard to [section 6101(b) to (d)] section 6101 of
title 41 or any other statute requiring competitive bidding,
contract with one or more qualified carriers for a policy or
policies of long-term care insurance. The Office shall ensure
that each resulting contract (hereafter in this chapter
referred to as a ``master contract'') is awarded on the basis
of contractor qualifications, price, and reasonable
competition.
TITLE 6--DOMESTIC SECURITY
Sec. 189(b)(6) (Homeland Security Act of 2002, Sec. 309(b)(6))
SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL
LABORATORIES AND SITES IN SUPPORT OF HOMELAND SECURITY
ACTIVITIES.
* * *
(b) Joint Sponsorship Arrangements.--
* * *
(6) Funding.--The Department shall provide funds for
work at the Department of Energy national laboratories
or sites, as the case may be, under a joint sponsorship
arrangement under this subsection under the same terms
and conditions as apply to the primary sponsor of such
national laboratory under [section 303(b)(1)(C) of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253(b)(1)(C))] section 3303(a)(1)(C) of
title 41, United States Code, or of such site to the
extent such section applies to such site as a federally
funded research and development center by reason of
this subsection.
Sec. 393 (Homeland Security Act of 2002, Sec. 833)
SEC. 833. SPECIAL STREAMLINED ACQUISITION AUTHORITY.
* * *
(b) Increased Micro-Purchase Threshold for Certain
Procurements.--
(1) In general.--The Secretary may designate certain
employees of the Department to make procurements
described in subsection (a) of this section for which
in the administration of [section 32 of the Office of
Federal Procurement Policy Act (41 U.S.C. 428 the
amount specified in subsections (c), (d), and (f) of
such section 32] section 1902 of title 41, United
States Code, the amount specified in subsections (a),
(d), and (e) of such section 1902 shall be deemed to be
$7,500.
(2) Number of employees.--The number of employees
designated under paragraph (1) shall be--
(A) fewer than the number of employees of the
Department who are authorized to make purchases
without obtaining competitive quotations,
pursuant to [section 32(c) of the Office of
Federal Procurement Policy Act (41 U.S.C.
428(c))] section 1902(d) of title 41, United
States Code;
* * *
(c) Simplified Acquisition Procedures.--
(1) In general.--With respect to a procurement
described in subsection (a) of this section, the
Secretary may deem the simplified acquisition threshold
referred to in [section 4(11) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(11))] section 134
of title 41, United States Code, to be--
* * *
(d) Application of Certain Commercial Items Authorities.--
* * *
(2) Limitation.--The $5,000,000 limitation provided
in [lsection 31(a)(2) of the Office of Federal
Procurement Policy Act (41 U.S.C. 427(A)(2)) and
section 303(g)(1)(B) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253(g)(1)(B))] sections 1901(a)(2) and 3305(a)(2) of
title 41, United States Code, shall be deemed to be
$7,500,000 for purposes of property or services under
the authority of this subsection.
Sec. 421 (Homeland Security Act of 2002, Sec. 851)
SEC. 851. DEFINITION.
In this part, the term ``executive agency'' has the meaning
given that term under [section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1))] section 133 of title
41, United States Code.
Sec. 423(b) (Homeland Security Act of 2006, Sec. 853(b))
SEC. 853. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR
PROCUREMENT IN SUPPORT OF HUMANITARIAN OR PEACEKEEPING
OPERATIONS OR CONTINGENCY OPERATIONS
* * *
(b) Simplified acquisition Threshold Definitions.--In this
section, the term ``simplified acquisition threshold
definitions'' means the following:
(1) [Section 4(11) of the Office of Federal
Procurement Policy Act (41 U.S.C. 40(11))] Section 134
of title 41, United States Code.
(2)[Section 309(d) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 259(d))]
Section 153 of title 41, United States Code.
Sec. 424 (Homeland Security Act of 2006, Sec. 854)
SEC. 854. INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN
PROCUREMENTS
In the administration of [section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428)] section 1902 of title
41, United States Code, with respect to a procurement referred
to in section 422 of this title, the amount specified in
[subsections (d), (d), and (f) of such section 32] subsections
(a), (d), and (e) of such section 1902 shall be deemed to be
$7,500.
Sec. 425 (Homeland Security Act of 2006, Sec. 855)
SEC. 855. APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES
TO CERTAIN PROCUREMENTS
(a) Authority.--
* * *
(2) Commercial item laws.--The provisions of law
referred to in paragraph (1) are as follows:
(A) [Sections 31 and 34 of the Office of
Federal Procurement Policy Act (41 U.S.C. 427,
430)] Sections 1901 and 1906 of title 41,
United States Code.
* * *.
(C) [Section 303(g) of the Federal Property
and Administrative Services Act of 1949 (41
U.S.C. 253(g))] Section 3305 of title 41,
United States Code.
(b) Inapplicability of Limitation on Use of Simplified
Acquisition Procedures.--
(1) In general.--The $5,000,000 limitation provided
in [section 31(a)(2) of the Office of Federal
Procurement Policy Act (41 U.S.C. 427(a)(2))] section
1901(a)(2) of title 41, United States Code, section
2304(g)(1)(B) of title 10, United States Code, and
[section 303(g)(1)(B) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253(g)(1)(B))] section 3305(a)(2) of title 41, United
States Code, shall not apply to purchases of property
or services to which any of the provisions of law
referred to in subsection (a) of this section are
applied under the authority of this section.
Sec. 426(a) (Homeland Security Act of 2006, Sec. 856(a))
SEC. 856. USE OF STREAMLINED PROCEDURES.
(a) Required Use.--The head of an executive agency shall,
when appropriate, use streamlined acquisition authorities and
procedures authorized by law for a procurement referred to in
section 422 of this title, including authorities and procedures
that are provided under the following provisions of law:
(1) [Federal property and administrative services act
of 1949] Provisions referred to in section 171(c) of
title 41, united states code.--In [title III of the
Federal Property and Administrative Services Act of
1949] the provisions referred to in section 171(c) of
title 41, United States Code:
(A) [Paragraphs (1), (2), (6), and (7) of
subsection (c) of section 303 (41 U.S.C. 253)]
Paragraphs (1), (2), (6), and (7) of section
3304(a) of title 41, United States Code,
relating to use of procedures other than
competitive procedures under certain
circumstances [subject to section 3304(d) of
such section] (subject to section 3304(d) of
title 41, United States Code).
* * *
(3) [Office of federal procurement policy act]
Provisions referred to in section 172(b) of title 41,
united states code._[Paragraphs (1)(B), (1)(D), and (20
of section 18(c) of the Office of Federal Procurement
Policy Act (41 U.S.C. 416(c))] Paragraphs (1)(B),
(1)(D), and (2)(A) of section 1708(b) of title 41,
United States Code relating to inapplicability of a
requirement for procurement notice.
Sec. 453b(g) (American Recovery and Reinvestment Act of 2009,
Sec. 604(g))
Sec. 604. (a) Requirement.--
* * *
(g) Applicability to Contracts and Subcontracts for
Procurement of Commercial Items.--This section is applicable to
contracts and subcontracts for the procurement of commercial
items not withstanding [section 34 of the Office of Federal
Procurement Policy Act (41 U.S.C. 430)] section 1906 of title
41, United States Code with the exception of commercial items
listed under subsections (b)(1)(C) and (b)(1)(D) above. For the
purposes of this section, ``commercial'' shall be as defined in
the Federal Acquisition Regulation--Part 2.
Sec. 792(c) (Post-Katrina Emergency Management Reform Act of 2006,
Sec. 692(c))
SEC. 692. LIMITATIONS ON TIERING OF SUBCONTRACTORS.
* * *
(c) Covered Contracts.--This section applies to any cost-
reimbursement type contract or task or delivery order in an
amount greater than the simplified acquisition threshold (as
defined by [section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403)] section 134 of title 41, United
States Code) entered into by the Department to facilitate
response to or recovery from a natural disaster or act of
terrorism or other man-made disaster.
Sec. 794 (Post-Katrina Emergency Management Reform Act of 2006,
Sec. 695)
SEC. 695. LIMITATION ON LENGTH OF CERTAIN NON-COMPETITIVE
CONTRACTS.
(a) Regulations.--The Secretary shall promulgate regulations
applicable to contracts described in subsection (c) to restrict
the contract period of any such contract entered into using
procedures other than competitive procedures pursuant to the
exception provided in [paragraph (2) of section 303(c) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253(c))] paragraph (2) of section 3304(a) of title 41,
United States Code, to the minimum contract period necessary--
* * *
(c) Covered Contracts.--This section applies to any contract
in an amount greater than the simplified acquisition threshold
(as defined by [section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403)] section 134 of title 41, United
States Code) entered into by the Department to facilitate
response to or recovery from a natural disaster, act of
terrorism, or other man-made disaster.
TITLE 7--AGRICULTURE
Sec. 15b(f)(1)(G) (United States Cotton Futures Act, subsection
(f)(1)(G))
* * *
(f) Basis Grade Contracts.--
(1) Conditions.--Each basis grade cotton futures
contract shall comply with each of the following
conditions:
* * *
(G) Provision for tender and settlement in
accordance with government classification.--
Provide that all tenders of cotton and
settlements therefor under such contract shall
be in accordance with the classification
thereof made under the regulations of the
Secretary by such officer or officers of the
Government as shall be designated for the
purpose, and the costs of such classification
shall be fixed, assessed, collected, and paid
as provided in such regulations and shall be
credited to the account referred to in section
5 of the United States Cotton Standards Act (7
U.S.C. 55). The Secretary may provide by
regulation conditions under which cotton
samples submitted or used in the performance of
services authorized by this act shall become
the property of the United States and may be
sold and the proceeds credited to the foregoing
account: Provided, That such cotton samples
shall not be subject to the provisions of [the
Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 471 et seq.)] chapter 5
of title 40, United States Code. The Secretary
is authorized to prescribe regulations for
carrying out the purposes of this subparagraph
and the certificates of the officers of the
Government as to the classification of any
cotton for the purposes of this subparagraph
shall be accepted in the courts of the United
States in all suits between the parties to such
contract, or their privies, as prima facie
evidence of the true classification of the
cotton involved.
Sec. 55(a) (United States Cotton Standards Act, Sec. 5(a)).
Sec. 5. (a) The Secretary of Agriculture shall cause to be
collected such fees and charges for licenses issued to
classifiers of cotton under section 3 of this Act, for
determinations made under section 4 of this Act, and for the
establishment of standards and sale of copies of standards
under section 6 of this Act, as will cover, as nearly as
practicable, and after taking into consideration net proceeds
from any sale of samples, the costs incident to providing
services and standards under such sections, including
administrative and supervisory costs. The Secretary may provide
by regulation conditions under which cotton samples submitted
or used in the performance of services authorized by this
chapter shall become the property of the United States and may
be sold with the proceeds credited to the foregoing account:
Provided, That such cotton samples shall not be subject to the
provisions of [the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 471 et seq.)] chapter 5 of title 40,
United States Code. Any fees or charges, late payment
penalties, or proceeds from the sales of samples collected
under this subsection, and any interest earned through the
investment of such funds shall be credited to the current
appropriation account that incurs the costs of the services
provided under this chapter, and shall remain available without
fiscal year limitation to pay the expenses of the Secretary
incident to providing services and standards under this Act and
the United States Cotton Futures Act (7 U.S.C. 15b). Such funds
may be invested by the Secretary in insured or fully
collateralized, interest-bearing accounts or, at the discretion
of the Secretary, by the Secretary of the Treasury in United
States Government debt instruments.
Sec. 79(c) (United States Grain Standards Act, Sec. 7(c))
Sec. 7. (a) The Secretary is authorized to cause official
inspection under the standards provided for in section 4 of
this Act to be made of all grain required to be officially
inspected as provided in section 5 of this Act, in accordance
with such regulations as the Secretary may prescribe.
* * *
(c) The regulations prescribed by the Secretary under this
Act shall include provisions for reinspections and appeal
inspections; cancellation and surrender of certificates
superseded by reinspections and appeal inspections; and the use
of standard forms for official certificates. The Secretary may
provide by regulation that samples obtained by or for employees
of the Secretary for purposes of official inspection shall
become the property of the United States, and such samples may
be disposed of without regard to the provisions of [the Federal
Property and Administrative Services Act of 1949, as amended]
chapter 5 of title 40, United States Code.
Sec. 427i(a) (Act of June 29, 1935, Sec. 10(a))
Sec. 10. (a) In order to carry out further research on
utilization and associated problems in connection with the
development and application of present, new, and extended uses
of agricultural commodities and products thereof authorized by
section 1 of this title, and to disseminate information
relative thereto, and in addition to all other appropriations
authorized by this title, there is authorized to be
appropriated the following sums:
(1) $3,000,000 for the fiscal year ending
June 30, 1947, and each subsequent fiscal year.
(2) An additional $3,000,000 for the fiscal
year ending June 30, 1948, and each subsequent
fiscal year.
(3) An additional $3,000,000 for the fiscal
year ending June 30, 1949, and each subsequent
fiscal year.
(4) An additional $3,000,000 for the fiscal
year ending June 30, 1950, and each subsequent
fiscal year.
(5) An additional $3,000,000 for the fiscal
year ending June 30, 1951, and each subsequent
fiscal year.
(6) In addition to the foregoing, such
additional funds beginning with the fiscal year
ending June 30, 1952, and thereafter, as the
Congress may deem necessary.
The Secretary of Agriculture, in accordance with such
regulations as he deems necessary, and when in his judgment the
work to be performed will be carried out more effectively, more
rapidly, or at less cost than if performed by the Department of
Agriculture, may enter into contracts with such public or
private organizations or individuals as he may find qualified
to carry on work under this section without regard to the
provisions of [section 3709, Revised Statutes] section 6101 of
title 41, United States Code, and with respect to such
contracts he may make advance progress or other payments
without regard to the provisions of section 3324(a) and (b) of
title 31. Contracts under this section may be made for work to
continue not more than four years from the date of any such
contract. Notwithstanding the provisions of section 5 of the
Act of June 20, 1874, as amended (31 U.S.C. 713), any
unexpended balances of appropriations properly obligated by
contracting with an organization as provided in this subsection
may remain upon the books of the Treasury for not more than
five fiscal years before being carried to the surplus fund and
covered into the Treasury. Research authorized under this
subsection shall be conducted so far as practicable at
laboratories of the Department of Agriculture. Projects
conducted under contract with public and private agencies shall
be supplemental to and coordinated with research of these
laboratories. Any contracts made pursuant to this authority
shall contain requirements making the results of research and
investigations available to the public through dedication,
assignment to the Government, or such other means as the
Secretary shall determine.
Sec. 1386 (Agricultural Adjustment Act of 1938, Sec. 386)
Sec. 386. The provisions of [section 3741 of the Revised
Statutes, as amended (41 U.S.C., section 22) section 6306 of
title 41, United States Code and sections 114 and 115 of the
Criminal Code of the United States (U.S.C., 1934 edition, title
18, secs. 204 and 205) shall not be applicable to loans or
payments made under this Act (except under section 383(a)).
Sec. 1514(f) (Agricultural Adjustment Act of 1938, Sec. 514(f))
Sec. 514.
* * *
(f) The provisions of [section 3741 of the Revised States, as
amended (41 U.S.C., section 22) section 6306 of title 41,
United States Code, shall not apply to any crop insurance
agreements made under this subtitle.
Sec. 1624(a) (Agricultural Marketing Act of 1946, Sec. 205(a))
Sec. 205. (a) In carrying out the provisions of title II of
this Act, the Secretary of Agriculture may cooperate with other
branches of the Government, State agencies, private research
organizations, purchasing and consuming organizations, boards
of trade, chambers of commerce, other associations of business
or trade organizations, transportation and storage agencies and
organizations, or other persons or corporations engaged in the
production, transportation, storing, processing, marketing, and
distribution of agricultural products whether operating in one
or more jurisdictions. The Secretary of Agriculture shall have
authority to enter into contracts and agreements under the
terms of regulations promulgated by him with States and
agencies of States, private firms, institutions, and
individuals for the purpose of conducting research and service
work, making and compiling reports and surveys, and carrying
out other functions relating thereto when in his judgment the
services or functions to be performed will be carried out more
effectively, more rapidly, or at less cost than if performed by
the Department of Agriculture. Contracts hereunder may be made
for work to be performed within a period not more than four
years from the date of any such contract, and advance,
progress, or other payments may be made. The provisions of
[section 3648 (31 U.S.C., sec. 529) and section 3709 (41 U.SC.,
sec. 5 of the Revised Statutes] section 3324(a) and (b) of
title 31, United States Code, and section 6101 of title 41,
United States Code, shall not be applicable to contracts or
agreements made under the authority of this section. Any
unexpended balances of appropriations obligated by contracts as
authorized by this section may, notwithstanding the provisions
of section 5 of the Act of June 20, 1874, as amended (31
U.S.C., sec. 713), remain upon the books of the Treasury for
not more than five fiscal years before being carried to the
surplus fund and covered into the Treasury. Any contract made
pursuant to this section shall contain requirements making the
result of such research and investigations available to the
public by such means as the Secretary of Agriculture shall
determine.
* * *
Sec. 1736a(c)(2) (Agricultural Trade Development and Assistance Act of
1954, Sec. 407(c)(2))
SEC. 407. ADMINISTRATIVE PROVISIONS.
* * *
(c) Titles II and III Programs.--
* * *
(2) Freight procurement.--
Notwithstanding the [Federal Property and
Administrative Services Act of 1949 (40 U.S.C.
471 et seq.)] provisions referred to in section
171(b) and (c) of title 41, United States Code,
or other similar provisions of law relating to
the making or performance of Federal Government
contracts, ocean transportation under titles II
and III may be procured on the basis of full
and open competitive procedures. Resulting
contracts may contain such terms and conditions
as the Administrator determines are necessary
and appropriate.
Sec. 1985(c)(4) (Consolidated Farm and Rural Development Act,
Sec. 335(c)(4))
Sec. 335. (a) The Secretary is authorized and empowered to
make advances, without regard to any loan or total indebtedness
limitation, to preserve and protect the security for or the
lien or priority of the lien securing any loan or other
indebtedness owing to, insured by, or acquired by the Secretary
under this title or under any other programs administered by
the Farmers Home Administration or the Rural Development
Administration; to bid for and purchase at any execution,
foreclosure, or other sale or otherwise to acquire property
upon which the United States has a lien by reason of a judgment
or execution arising from, or which is pledged, mortgaged,
conveyed, attached, or levied upon to secure the payment of,
any such indebtedness whether or not such property is subject
to other liens, to accept title to any property so purchased or
acquired; and to sell, manage, or otherwise dispose of such
property as hereinafter provided.
* * *
(c) Sale of Property.--
* * *
(4) Other law.--The [Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.)] provisions referred to in section 171(b) and (c)
of title 41, United States Code, shall not apply to any
exercise of authority under this title.
Sec. 2208 note (Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations
Act, 1998, Sec. 716(a))
Sec. 716. Hereafter: (a) Compliance With [Buy American Act]
Chapter 83 of Title 41, United States Code.--None of the funds
made available in this Act may be expended by an entity unless
the entity agrees that in expending the funds the entity will
comply with [sections 2 through 4 of the Act of March 3, 1933
(41 U.S.C. 10a-10c; popularly known as the ``Buy American
Act'')] chapter 83 of title 41, United States Code.
Sec. 2279b (Federal Agricultural Improvement and Reform Act of 1996,
Sec. 921)
SEC. 921. DEPARTMENT OF AGRICULTURE EDUCATIONAL, TRAINING, AND
PROFESSIONAL DEVELOPMENT ACTIVITIES
* * *
(h) Acquisition and Disposal of Property.--In order to carry
out the activities of the Graduate School, the Graduate School
may--
* * *
(4) dispose of real and personal property
without regard to [the Federal Property and
Administrative Services Act of 1949 (40 U.S.C.
471 et seq.)] chapter 5 of title 40, United
States Code.
(i) Contract Authority.--The Graduate School may enter into
contracts without regard to the [Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq)]
provisions referred to in section 171(b) and (cc) of title 41,
United States Code or any other law that prescribes procedures
for the procurement of property or services by an executive
agency.
Sec. 3318(e) (National Agricultural Research, Extension, and Teaching
Policy Act of 1977, Sec. 1472(e))
Sec. 1472. (a) The purpose of this section is to confer upon
the Secretary general authority to enter into contracts,
grants, and cooperative agreements to further the research,
extension, or teaching programs in the food and agricultural
sciences of the Department of Agriculture. This authority
supplements all other laws relating to the Department of
Agriculture and is not to be construed as limiting or repealing
any existing authorities.
* * *
(e) Unless otherwise provided in this title, the Secretary
may enter into contracts, grants, or cooperative agreements, as
authorized by this section, without regard to any requirements
for competition, the provisions of [section 3709 of the Revised
Statutes (41 U.S.C. 5), and the provisions of section 3648 of
the Revised Statutes (31 U.S.C. 529)] section 6101 of title 41,
United States Code, and the provisions of section 3324(a) and
(b) of title 31, United States Code.
Sec. 5901 note (Farm Security and Rural Investment Act of 2002,
Sec. 6201(b)(2))
SEC. 6201. ALTERNATIVE AGRICULTURAL RESEARCH AND
COMMERCIALIZATION CORPORATION
* * *
(b) Disposition of Assets.--On the date of enactment of this
Act--
* * *
(2) notwithstanding the [Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.) provisions referred to in section 171(b) and (c)
of title 41, United States Code, and any other law that
prescribes procedures for procurement, use, and
disposal of property by a Federal agency, the Secretary
shall have authority to manage and dispose of the
assets transferred under paragraph (1) in a manner
that, to the maximum extent practicable, provides the
best value to the Federal Government.
TITLE 8--ALIENS AND NATIONALITY
Sec. 1101 note (Afghan Allies Protection Act of 2009, Sec. 602(c)(4))
SEC. 602. PROTECTION FOR AFGHAN ALLIES.
* * *
(c) Information Regarding Citizens or Nationals of
Afghanistan Employed by the United States or Federal
Contractors in Afghanistan.--
* * *
(4) Executive agency defined.--In this subsection,
the term ``executive agency'' has the meaning given
that term in [section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403)] section 133 of
title 41, United States Code.
Sec. 1157 note (National Defense Authorization Act for Fiscal Year
2008, Sec. 1248(c)(3))
SEC. 1248. REPORTS.
* * *
(c) Report on Iraqi Citizens and Nationals Employed by the
United States Government or Federal Contractors in Iraq.--
* * *
(3) Executive agency defined.--In this subsection,
the term ``executive agency'' has the meaning given the
term in [section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1))] section 133
of title 41, United States Code.
Sec. 1231(g)(1) (Immigration and Nationality Act, Sec. 241(g)(1))
SEC. 241. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.
* * *
(g) Places of Detention.--
(1) In general.--The Attorney General shall arrange
for appropriate places of detention for aliens detained
pending removal or a decision on removal. When United
States Government facilities are unavailable or
facilities adapted or suitably located for detention
are unavailable for rental, the Attorney General may
expend from the appropriation ``Immigration and
Naturalization Service--Salaries and Expenses'',
without regard to [section 3709 of the Revised
Statutes, as amended (41 U.S.C. 5)] section 6101 of
title 41, United States Code, amounts necessary to
acquire land and to acquire, build, remodel, repair,
and operate facilities (including living quarters for
immigration officers if not otherwise available)
necessary for detention.
Sec. 1355(a) (Immigration and Nationality Act, Sec. 285(a))
Sec. 285 (a) Subject to such conditions and limitations as
the Attorney General shall prescribe, all exclusive privileges
of exchanging money, transporting passengers or baggage,
keeping eating houses, or other like privileges in connection
with any United States immigrant station, shall be disposed of
to the lowest responsible and capable bidder (other than an
alien) in accordance with the provision of [section 3709 of the
Revised Statutes, as amended (41 U.S.C. 5),] section 6101 of
title 41, United States Code, and for the use of Government
property in connection with the exercise of such exclusive
privileges a reasonable rental may be charged. The feeding of
aliens, or the furnishing of any other necessary service in
connection with any United States immigrant station, may be
performed by the Service without regard to the foregoing
provisions of this subsection if the Attorney General shall
find that it would be advantageous to the Government in terms
of economy and efficiency. No intoxicating liquors shall be
sold at any immigrant station.
Sec. 1363a(a)(1) (Immigration and Nationality Act, Sec. 294(a)(1))
Sec. 294. (a) In General.--With respect to any undercover
investigative operation of the Service which is necessary for
the detection and prosecution of crimes against the United
States--
(1) sums appropriated for the Service may be used for
leasing space within the United States and the
territories and possessions of the United States
without regard to the following provisions of law:
* * *
(B) [section 373a(a) of the Revised Statutes
(41 U.S.C. 11(A))] section 6301(a) and (b)(1)
through (3) of title 41, United States Code,
(C) [section 305 of the Act of June 30, 1949
(63 Stat. 396; 41 U.S,C. 255)] chapter 45 of
title 41, United States Code,
* * *
(F) [section 3741 of the Revised Statutes (41
U.S.C. 22)] section 6306 of title 41, United
States Code, and
(G) [subsections (a) and (c) of section 304
of the Federal Property and Administrative
Services Act of 1949 (63 U.S.C. 395; 41 U.S.C.
254(a) and (c))] section 3901 of title 41,
United States Code;
TITLE 10--ARMED FORCES
Public Law 111-350, Sec. 5(b)
SEC. 5. CONFORMING CROSS-REFERENCES.
* * *
(b) Title 10.--Title 10, United States Code, is amended as
follows:
* * *
(34) In section [2461(c)(1)] 2461(d)(1), strike
``section 2 of the Javits-Wagner-O'Day Act (41 U.S.C.
47)'' and substitute ``section 8503 of title 41''.
* * *
(44) In section [2667(f)(1)] 2667(g)(1), strike
``Notwithstanding [subsection (a)(3)] subsection (a)(2)
or subtitle I of title 40 and . . .
* * *
(47) In section [2696(a)] 2696(b), strike . . .
* * *
(50) In section [2878(d)(2)] 2878(e)(2), strike . . .
Sec. 1073 note (National Defense Authorization Act for Fiscal Year
1997, Sec. 722(b)(2))
SEC. 722. INCLUSION OF DESIGNATED PROVIDERS IN UNIFORMED
SERVICES HEALTH CARE DELIVERY SYSTEM.
* * *
(b) Agreements to Provide Managed Health Care Services.--(1)
After consultation with the other administering Secretaries,
the Secretary of Defense shall negotiate and enter into an
agreement with each designated provider under which the
designated provider will provide health care services in or
through managed care plans to covered beneficiaries who enroll
with the designated provider.
(2) The agreement shall be entered into on a sole source
basis. The Federal Acquisition Regulation, except for those
requirements regarding competition, issued pursuant to [section
25(c) of the Office of Federal Procurement Policy Act (41
U.S.C. 421(c)] section 1303(a) of title 41, United States Code)
shall apply to the agreements as acquisitions of commercial
items.
Sec. 1701 note (National Defense Authorization Act for Fiscal Year
2008, Sec. 847)
SEC. 847. REQUIREMENTS FOR SENIOR DEPARTMENT OF DEFENSE
OFFICIALS SEEKING EMPLOYMENT WITH DEFENSE CONTRACTORS.
(a) Requirement to Seek and Obtain Written Opinion.--
* * *
(5) Administrative actions.--In the event that an
official or former official of the Department of
Defense described in subsection (c), or a Department of
Defense contractor, knowingly fails to comply with the
requirements of this subsection, the Secretary of
Defense may take any of the administrative actions set
forth in [section 27(e) of the Office of Federal
Procurement Policy Act (41 U.S.C. 423(e))] section 2105
of title 41, United States Code that the Secretary of
Defense determines to be appropriate.
* * *
(c) Covered Department of Defense Officials.--An official or
former official of the Department of Defense is covered by the
requirements of this section if such official or former
official--
(1) participated personally and substantially in an
acquisition as defined in [section 4(16) of the Office
of Federal Procurement Policy Act] section 131 of title
41, United States Code with a value in excess of
$10,000,000 and serves or served--
* * *
(d) Definition.--In this section, the term `post-employment
restrictions' includes--
(1) [section 27 of the Office of Federal Procurement
Policy Act (41 U.S.C. 423)] chapter 21 of title 41,
United States Code;
Sec. 2013(a)(1)
Sec. 2013. Training at non-Government facilities
(a) Authority To Enter Into Agreements.--(1) The Secretary
concerned, without regard to [section 6101(b)-(d)] section 6101
of title 41, may make agreements or other arrangements for the
training of members of the uniformed services under the
jurisdiction of that Secretary by, in, or through non-
Government facilities.
Sec. 2194(b)(2)
Sec. 2194. Education partnerships
* * *
(b) Under a partnership agreement entered into with an
educational institution under this section, the director of a
defense laboratory may provide, and is encouraged to provide,
assistance to the educational institution by--
* * *
(2) notwithstanding the provisions of [subtitle I of
title 40 and division C (except sections 3302, 3501(b),
3509, 3906, 4710, and 4711) of subtitle I] section
171(b) and (c) of title 41 or any provision of law or
regulation relating to transfers of surplus property,
transferring to the institution any computer equipment,
or other scientific equipment, that is--
Sec. 2302. Definitions
In this chapter:
* * *
(7) The term ``simplified acquisition threshold'' has
the meaning provided that term in section 134 of title
41, except that, in the case of any contract to be
awarded and performed, or purchase to be made, outside
the United States in support of a contingency operation
or a humanitarian or peacekeeping operation, the term
means an amount equal to two times the amount specified
for that term in [section 4 of such Act] section 134 of
title 41.
* * *
(9) The term ``nontraditional defense contractor'',
with respect to a procurement or with respect to a
transaction authorized under section 2371(a) of this
title, means an entity that is not currently performing
and has not performed, for at least the one-year period
preceding the solicitation of sources by the Department
of Defense for the procurement or transaction, any of
the following for the Department of Defense:
(A) Any contract or subcontract that is
subject to full coverage under the cost
accounting standards prescribed pursuant to
[section 26 of the Office of Federal
Procurement Policy Act (41 U.S.C. 422)] chapter
15 of title 41 and the regulations implementing
[such section] such chapter.
Sec. 2302 note (Ike Skelton National Defense Authorization Act for
Fiscal Year 2011, Sec. Sec. 866, 893(f)(2))
SEC. 866. PILOT PROGRAM ON ACQUISITION OF MILITARY PURPOSE
NONDEVELOPMENTAL ITEMS.
* * *
(b) Contract Requirements.--Each contract entered into under
the pilot program--
* * *
(4) shall be--
(A) exempt from the requirement to submit
certified cost or pricing data under section
2306a of title 10, United States Code, and the
cost accounting standards under [section 26 of
the Office of Federal Procurement Policy Act
(41 U.S.C. 422)] chapter 15 of title 41, United
States Code; and
* * *
(e) Definitions.--In this section:
* * *
(2) The term ``nondevelopmental item''--
(A) has the meaning given that term in
[section 4(13) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(13))]
section 110 of title 41, United States Code;
and
SEC. 893. CONTRACTOR BUSINESS SYSTEMS
* * *
(f) Definitions.--In this section:
* * *
(2) The term ``covered contractor'' means a
contractor that is subject to the cost accounting
standards under [section 26 of the Office of Federal
Procurement Policy Act (41 U.S.C. 422)] chapter 15 of
title 41, United States Code.
Sec. 2302 note (National Defense Authorization Act for Fiscal Year
2008, Sec. 862)
SEC. 862. CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS IN
AREAS OF COMBAT OPERATIONS OR OTHER SIGNIFICANT MILITARY
OPERATIONS.
* * *
(b) Contract Clause on Contractors Performing Private
Security Functions.--
(1) Requirement under far.--Not later than 180 days
after the date of the enactment of this Act, the
Federal Acquisition Regulation issued in accordance
with [section 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 421)] section 1303 of title 41,
United States Code shall be revised to require the
insertion into each covered contract (or, in the case
of a task order, the contract under which the task
order is issued) of a contract clause addressing the
selection, training, equipping, and conduct of
personnel performing private security functions under
such contract.
* * *
(d) Remedies.--The failure of a contractor under a covered
contract to comply with the requirements of the regulations
prescribed under subsection (a) or the contract clause inserted
in a covered contract pursuant to subsection (b), as determined
by the contracting officer for the covered contract--
(1) shall be included in appropriate databases of
past performance and considered in any responsibility
determination or evaluation of the past performance of
the contractor for the purpose of a contract award
decision, as provided in [section 6(j) of the Office of
Federal Procurement Policy Act (41 U.S.C. 405(j)]
section 1126 of title 41, United States Code);
Sec. 2302 note (John Warner National Defense Authorization Act for
Fiscal Year 2007, Sec. 832(d)(3))
SEC. 832. LIMITATION ON CONTRACTS FOR THE ACQUISITION OF
CERTAIN SERVICES
* * *
(d) Definitions.--In this section:
* * *
(3) The term ``service employees'' has the meaning
provided in [section 8(b) of the Service Contract Act
of 1965 (41 U.S.C. 357(b))] section 6701(3) of title
41, United States Code.
Sec. 2302 note (Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001, Sec. 821)
SEC. 821. IMPROVEMENTS IN PROCUREMENTS OF SERVICES.
(a) Preference for Performance-Based Service Contracting.--
Not later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulation issued in accordance
with [sections 6 and 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 405 and 421)] sections 1121 and 1303 of
title 41, United States Code shall be revised to establish a
preference for use of contracts and task orders for the
purchase of services in the following order of precedence:
* * *
(e) Definitions.--In this section:
* * *
(2) The term ``commercial item'' has the meaning
given the term in [section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(12))]
section 103 of title 41, United States Code.
Sec. 2302 note (National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106, Sec. 822)
SEC. 822. DEFENSE FACILITY-WIDE PILOT PROGRAM.
* * *
(d) Criteria for Designation of Participating Facilities.--
The Secretary shall establish criteria for selecting a facility
for designation as a participant in the pilot program. In
developing such criteria, the Secretary shall consider the
following:
(1) The number of existing and anticipated contracts
and subcontracts performed at the facility--
* * *
(B) which are administered with the
application of cost accounting standards under
[section 26(f) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f))]
section 1502(a) and (b) of title 41, United
States Code.
* * *
(e) Notification.--(1) The Secretary shall transmit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a written
notification of each facility proposed to be designated by the
Secretary for participation in the pilot program.
* * *
(3)(A) The Secretary shall ensure that the management plan
for a facility provides for attainment of the following
objectives:
* * *
(B) The management plan for a facility shall also require
that all or substantially all of the contracts to be awarded
and performed at the facility after the designation of that
facility under subsection (b), and all or substantially all of
the subcontracts to be awarded under those contracts and
performed at the facility after the designation, be--
* * *
(iii) awarded and administered without the
application of cost accounting standards under [section
26(f) of the Office of Federal Procurement Policy Act
(41 U.S.C. 422(f))] section 1502(a) and (b) of title
41, United States Code.
(f) Exemption From Certain Requirements.--In the case of a
contract or subcontract that is to be performed at a facility
designated for participation in the defense facility-wide pilot
program and that is subject to section 2306a of title 10,
United States Code, or [section 26(f) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f))] section 1502(a) and
(b) of title 41, United States Code, the Secretary of Defense
may exempt such contract or subcontract from the requirement to
obtain certified cost or pricing data under such section 2306a
or the requirement to apply mandatory cost accounting standards
under [such section 26(f)] such section 1502(a) and (b) if the
Secretary determines that the contract or subcontract--
* * *
(g) Special Authority.--The authority provided under
subsection (a) includes authority for the Secretary of
Defense--
* * *
(2) to apply to a procurement of items other than
commercial items under such program--
(A) the authority provided in [section 34 of
the Office of Federal Procurement Policy Act
(41 U.S.C. 430)] section 1906 of title 41,
United States Code to waive a provision of law
in the case of commercial items, and
Sec. 2302 note (National Defense Authorization Act for Fiscal Year
1993, Sec. 326(c)(2))
SEC. 326. ELIMINATION OF USE OF CLASS I OZONE-DEPLETING
SUBSTANCES IN CERTAIN MILITARY PROCUREMENT CONTRACTS.
* * *
(c) Definitions.--In this section:
* * *
(2) The term ``Federal Acquisition Regulation'' means
the single Government-wide procurement regulation
issued under [section 25(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 421(c))] section
1303(a) of title 41, United States Code.
Sec. 2302 note (National Defense Authorization Act for Fiscal Years
1992 and 1993, Sec. 806)
SEC. 806. PAYMENT PROTECTIONS FOR SUBCONTRACTORS AND SUPPLIERS.
* * *
(b) Inapplicability to Certain Contracts.--Regulations
prescribed under this section shall not apply to a contract for
the acquisition of commercial items (as defined in [section
4(12) of the Office of Federal Procurement Policy Act] section
103 of title 41, United States Code).
(c) Government-Wide Applicability.--The Federal Acquisition
Regulatory Council (established by [section 25(a) of the Office
of Federal Procurement Policy Act)] section 1302(a) of title
41, United States Code) shall modify the Federal Acquisition
Regulation (issued pursuant to [section 25(c)(1) of the Office
of Federal Procurement Policy Act (41 U.S.C. 421(c)(1))]
section 1303(a)(1) of title 41, United States Code to apply
Government-wide the requirements that the Secretary is required
under subsection (a) to prescribe in regulations applicable
with respect to the Department of Defense contracts.
Sec. 2302 note (National Defense Authorization Act for Fiscal Year
1991, Sec. 831)
SEC. 831. MENTOR-PROTEGE PILOT PROGRAM.
* * *
[(1) Definitions] (l) Definitions.--In this section:
* * *
(8) The term ``severely disabled individual'' means
an individual who has a physical or mental disability
which constitutes a substantial handicap to employment
and which, in accordance with criteria prescribed by
the Committee for the Purchase From the Blind and Other
Severely Handicapped established by [the first section
of the Act of June 25, 1938 (41 U.S.C. 46; popularly
known as the ``Wagner-O'Day Act'')] section 8502 of
title 41, United States Code, is of such a nature that
the individual is otherwise prevented from engaging in
normal competitive employment.
Sec. 2302c note (Federal Acquisition Streamlining Act of 1994,
Sec. 9002(c))
SEC. 9002. IMPLEMENTATON OF FACNET CAPABILITY IN ARMED
SERVICES.
* * *
(c) Effective Date.--A FACNET capability may be implemented
and used in an agency before the promulgation of regulations
implementing this section (as provided in section 10002). If
such implementation and use occurs, the period for submission
of bids or proposals under [section 18(a)(3)(B) of the Office
of Federal Procurement Policy Act] section 1708(e)(1)(B) of
title 41, United States Code, in the case of a solicitation
through FACNET, may be less than the period otherwise
applicable under that section, but shall be at least 10 days.
The preceding sentence shall not be in effect after September
30, 1995.
Sec. 2304 note (National Defense Authorization Act for Fiscal Year
2008, Sec. 821(b)(2))
SEC. 821. PLAN FOR RESTRICTING GOVERNMENT-UNIQUE CONTRACT
CLAUSES ON COMMERCIAL CLAUSES.
* * *
(b) Commercial Contract.--In this section:
* * *
(2) The term ``commercial item'' has the meaning
provided by [section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12))] section 103
of title 41, United States Code.
Sec. 2304 note (National Defense Authorization Act for Fiscal Year
1998, Sec. 848(e)(1))
SEC. 848. REQUIREMENTS RELATING TO MICRO-PURCHASES.
* * *
(e) Definitions.--In this section:
(1) The term ``micro-purchase threshold'' has the
meaning provided in [section 32 of the Office of
Federal Procurement Policy Act (41 U.S.C. 428)] section
1902 of title 41, United States Code.
Sec. 2304 note (Clinger-Cohen Act of 1996, Sec. 4202(e))
SEC. 4202. APPLICATION OF SIMPLIFIED PROCEDURES TO CERTAIN
COMMERCIAL ITEMS.
* * *
(e) Effective Date.--The authority to issue solicitations for
purchases of commercial items in excess of the simplified
acquisition threshold pursuant to the special simplified
procedures authorized by [section 2304(g)(1) of title 10,
United States Code, section 303(g)(1) of the Federal Property
and Administrative Services Act of 1949, and section 31(a) of
the Office of Federal Procurement Policy Act, as amended by
this section] section 2304(g)(1) of title 10, United States
Code, as amended by this section, and sections 1901(a) and
3305(a) of title 41, United States Code, as in effect on
February 10, 1996, and amended by this section, shall expire
January 1, 2012. Contracts may be awarded pursuant to
solicitations that have been issued before such authority
expires, notwithstanding the expiration of such authority.
Sec. 2304b note (John Warner National Defense Authorization Act for
Fiscal Year 2007, Sec. 834)
SEC. 834. WAIVERS TO EXTEND TAKS ORDER CONTRACTS FOR ADVISORY
AND ASSISTANCE.
* * *
(b) Civilian Agency Contracts.--
(1) Waiver authority.--The head of an executive
agency may issue a waiver to extend a task order
contract entered into under [section 303I of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253i)] section 4105 of title 41, United
States Code, for a period not exceeding 10 years,
through five one-year options, if the head of the
agency determines in writing--
* * *
(2) Delegation.--The authority of the head of an
executive agency under paragraph (1) may be delegated
only to the Chief Acquisition Officer of the agency (or
the senior procurement executive in the case of an
agency for which a Chief Acquisition Officer has not
been appointed or designated under [section 16(a) of
the Office of Federal Procurement Policy Act (41 U.S.C.
414(a))] section 1702(a) and (b)(1) and (2) of title
41, United States Code.
(3) Report.--Not later than April 1, 2007, the
Administrator for Federal Procurement Policy shall
submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Government Reform of the House of Representatives a
report on advisory and assistance services. The report
shall include the following information:
(A) The methods used by executive agencies to
identify a contract as an advisory and
assistance services contract, as defined in
[section 303I(i) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253i(i))] section 4105(a) of title 41, United
States Code.
* * *
(d) Comptroller General Review.--
* * *
(2) Defense and civilian agency contracts covered.--
The report shall cover both of the following:
* * *
(B) Advisory and assistance services
contracts as defined in [section 303I(i) of the
Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253i(i))] section
4105(a) of title 41, United States Code.
Sec. 2306a(b)(3)(B)
Sec. 2306a. Cost or pricing data: truth in negotiations
* * *
(b) Exceptions.--
* * *
(3) Noncommercial modifications of commercial
items.--(A) The exception in paragraph (1)(B) does not
apply to cost or pricing data on noncommercial
modifications of a commercial item that are expected to
cost, in the aggregate, more than the amount specified
in subsection (a)(1)(A)(i), as adjusted from time to
time under subsection (a)(7), or 5 percent of the total
price of the contract (at the time of contract award),
whichever is greater.
(B) In this paragraph, the term ``noncommercial
modification'', with respect to a commercial item,
means a modification of such item that is not a
modification described in [section 4(12)(C)(i) of the
Office of Federal Procurement Policy Act (41 U.S.C.
403(12)(C)(i))] section 103(3)(A) of title 41.
Sec. 2306a note (Bob Stump National Defense Authorization Act for
Fiscal Year 2003, Sec. 817(e)(1)(B))
SEC. 817. GRANTS OF EXCEPTIONS TO COST OR PRICING DATA
CERTIFICATION REQUIREMENTS AND WAIVERS OF COST ACCOUNTING
STANDARDS.
* * *
(e) Definitions.--In this section:
(1) The term ``exceptional case exception or waiver''
means either of the following:
* * *
(B) A waiver pursuant to [section 26(f)(5)(B)
of the Office of Federal Procurement Policy Act
(41 U.S.C. 422(f)(5)(B))] section 1502(b)(3)(B)
of title 41, United States Code, relating to
the applicability of cost accounting standards
to contracts and subcontracts.
Sec. 2306a note (Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999, Sec. 803)
SEC. 803. DEFENSE COMMERCIAL PRICING MANAGEMENT IMPROVEMENT.
(a) Modification of Pricing Regulations for Certain
Commercial Items Exempt From Cost or Pricing Data Certification
Requirements.--(1) The Federal Acquisition Regulation issued in
accordance with [sections 6 and 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 405, 421)] sections 1121 and
1303 of title 41, United States Code shall be revised to
clarify the procedures and methods to be used for determining
the reasonableness of prices of exempt commercial items (as
defined in subsection (d)).
(2) The regulations shall, at a minimum, provide specific
guidance on--
* * *
(D) the meaning and appropriate application of the
term ``purposes other than governmental purposes'' in
[section 4(12) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12))] section 103 of title
41, United States Code.
* * *
(d) Exempt Commercial Items Defined.--For the purposes of
this section, the term ``exempt commercial item'' means a
commercial item that is exempt under subsection (b)(1)(B) of
section 2306a of title 10, United States Code, or [subsection
(b)(1)(B) of section 304A of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254b)] section
3503(a)(2) of title 41, United States Code, from the
requirements for submission of certified cost or pricing data
under that section.
Sec. 2314
Sec. 2314. Laws inapplicable to agencies named in section 2303 of this
title
[Sections 6101(b)-(d)] Sections 6101 and 6304 of title 41 do
not apply to the procurement or sale of property or services by
the agencies named in section 2303 of this title.
Sec. 2315 note (National Defense Authorization Act for Fiscal Year
1995, Sec. 1075(b)(3))
SEC. 1075. LIMITATION REGARDING TELECOMMUNICATIONS
REQUIREMENTS.
* * *
(b) Definitions.--In this section:
* * *
(3) The term ``procurement'' has the meaning given
such term in [section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403)] section 111 of
title 41, United States Code.
Sec. 2321(f)(2)
Sec. 2321. Validation of proprietary data restrictions
* * *
(f) Presumption of Development Exclusively at Private
Expense.--(1) Except as provided in paragraph (2), in the case
of a challenge to a use or release restriction that is asserted
with respect to technical data of a contractor or subcontractor
under a contract for commercial items, the contracting officer
shall presume that the contractor or subcontractor has
justified the restriction on the basis that the item was
developed exclusively at private expense, whether or not the
contractor or subcontractor submits a justification in response
to the notice provided pursuant to subsection (d)(3). In such a
case, the challenge to the use or release restriction may be
sustained only if information provided by the Department of
Defense demonstrates that the item was not developed
exclusively at private expense.
(2) In the case of a challenge to a use or release
restriction that is asserted with respect to technical data of
a contractor or subcontractor (other than technical data for a
commercially available off-the-shelf item as defined in
[section 35(c) of the Office of Federal Procurement Policy Act
(41 U.S.C. 431(c))] section 104 of title 41) for a major system
or a subsystem or component thereof on the basis that the major
system, subsystem or component was developed exclusively at
private expense, the challenge to the use or release
restriction shall be sustained unless information provided by
the contractor or subcontractor demonstrates that the item was
developed exclusively at private expense.
Sec. 2323 note (National Defense Authorization Act for Fiscal Year
1999, Sec. 811(d)(2))
SEC. 811. CONTRACT GOAL FOR DISADVANTAGED SMALL BUSINESSES AND
CERTAIN INSTITUTIONS OF HIGHER EDUCATION.
* * *
(d) Implementing Regulations.--(1) The Secretary of Defense
shall propose amendments to the Department of Defense
Supplement to the Federal Acquisition Regulation that address
the matters described in subsection (g) and subsection (h)(2)
of section 2323 of title 10, United States Code.
(2) Not later than 15 days after the date of the enactment of
this Act, the Secretary shall publish such proposed amendments
in accordance with [section 22 of the Office of Federal
Procurement Policy Act (41 U.S.C. 418b)] section 1707 of title
41, United States Code. The Secretary shall provide a period of
at least 60 days for public comment on the proposed amendments.
Sec. 2324 note (Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999, Sec. 804(d))
SEC. 804. MODIFICATION OF SENIOR EXECUTIVES COVERED BY
LIMITATION ON ALLOWABILITY OF COMPENSATION FOR CERTAIN
CONTRACTOR PERSONNEL.
* * *
(d) Effective Date.--The amendments made by this section
shall apply with respect to costs of compensation of senior
executives incurred after January 1, 1999, under covered
contracts (as defined in section 2324(l) of title 10, United
States Code, and [section 306(l) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.256(l))] section
4301(2) of title 41, United States Code, entered into before,
on, or after the date of the enactment of this Act.
Sec. 2324 note (John Warner National Defense Authorization Act for
Fiscal Year 2007, Sec. 852(b)(2)(A)(ii))
SEC. 852. REPORT AND REGULATIONS ON EXCESSIVE PASS-THROUGH
CHARGES.
* * *
(b) Regulations Required.--
* * *
(2) Scope of regulations.--The regulations prescribed
under this subsection--
(A) shall not apply to any firm, fixed-price
contract or subcontract (or task or delivery
order) that is--
* * *
(ii) for the acquisition of a
commercial item, as defined in [section
4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C.
403(12))] section 103 of title 41,
United States Code; and
Sec. 2330 note (National Defense Authorization Act for Fiscal Year
2008, Sec. 805(c)(1))
SEC. 805. PROCUREMENT OF COMMERCIAL SERVICES.
* * *
(c) Time-and-Materials Contracts.--
(1) Commercial item acquisitions.--The regulations
modified pursuant to subsection (a) shall ensure that
procedures applicable to time-and-materials contracts
and labor-hour contracts for commercial item
acquisitions may be used only for the following:
(A) Services procured for support of a
commercial item, as described in [section
4(12)(E) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)(E))] section
103(5) of title 41, United States Code.
* * *
(C) Any other commercial services only to the
extent that the head of the agency concerned
approves a determination in writing by the
contracting officer that--
(i) the services to be acquired are
commercial services as defined in
[section 4(12)(F) of the Office of
Federal Procurement Policy Act (41
U.S.C. 403(12)(F))] section 103(6) of
title 41, United States Code;
Sec. 2330 note (National Defense Authorization Act for Fiscal Year
2002, Sec. 801(f)(1))
SEC. 801. MANAGEMENT OF PROCUREMENT OF SERVICES.
* * *
(f) Definitions.--In this section:
(1) The term ``senior procurement executive'' means
the official designated as the senior procurement
executive under [section 16(3) of the Office of Federal
Procurement Policy Act (41 U.S.C. 414(3))] section
1702(c)(1) and (2) of title 41, United States Code.
Sec. 2358 note (National Defense Authorization Act for Fiscal Year
2004, Sec. 1601(c))
SEC. 1601. RESEARCH AND DEVELOPMENT OF DEFENSE BIOMEDICAL
COUNTERMEASURES.
* * *
(c) Expedited Procurement Authority.--(1) For any procurement
of property or services for use (as determined by the
Secretary) in performing, administering, or supporting
biomedical countermeasures research and development, the
Secretary may, when appropriate, use streamlined acquisition
procedures and other expedited procurement procedures
authorized in--
(A) [section 32A of the Office of Federal Procurement
Policy Act, as added by section 1443 of this Act]
section 1903 of title 41, United States Code; and
* * *
(2) Notwithstanding paragraph (1) and the provisions of law
referred to in such paragraph, each of the following provisions
shall apply to the procurements described in this subsection to
the same extent that such provisions would apply to such
procurements in the absence of paragraph (1):
* * *
(B) [Subsections (a) and (b) of section 7 of the
Anti-Kickback Act of 1986 (41 U.S.C. 57(a) and (b))]
section 8703(a) of title 41, United States Code.
Sec. 2359a(h)
Sec. 2359a. Technology Transition Initiative
* * *
(h) Definition.--In this section, the term ``acquisition
executive'', with respect to a military department or Defense
Agency, means the official designated as the senior procurement
executive for that military department or Defense Agency for
the purposes of [section 16(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 414(c))] section 110 of title
41.
Sec. 2359b
Sec. 2359b. Defense Acquisition Challenge Program
* * *
(k) Pilot Program for Programs Other Than Major Defense
Acquisition Programs.--
* * *
(4) Definitions.--In this subsection:
(A) Nondevelopmental item.--The term
``nondevelopmental item'' has the meaning given
that term in [section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403)
section 110 of title 41.
Sec. 2371 note (National Defense Authorization Act for Fiscal Year
1994, Sec. 845)
SEC. 845. AUTHORITY OF THE ADVANCED RESEARCH PROJECTS AGENCY TO
CARRY OUT CERTAIN PROTOTYPE PROJECTS.
(a) Authority.--(1) Subject to paragraph (2), the Director of
the Defense Advanced Research Projects Agency, the Secretary of
a military department, or any other official designated by the
Secretary of Defense may, under the authority of section 2371
of title 10, United States Code, carry out prototype projects
that are directly relevant to weapons or weapon systems
proposed to be acquired or developed by the Department of
Defense, or to improvement of weapons or weapon systems in use
by the Armed Forces.
(2) The authority of this section--
(A) may be exercised for a prototype project that is
expected to cost the Department of Defense in excess of
$20,000,000 but not in excess of $100,000,000
(including all options) only upon a written
determination by the senior procurement executive for
the agency (as designated for the purpose of [section
16(c) of the Office of Federal Procurement Policy Act
(41 U.S.C. 414(c))] section 1702(c) of title 41, United
States Code or, for the Defense Advanced Research
Projects Agency or the Missile Defense Agency, the
director of the agency that--
* * *
(d) Appropriate Use of Authority.--(1) The Secretary of
Defense shall ensure that no official of an agency enters into
a transaction (other than a contract, grant, or cooperative
agreement) for a prototype project under the authority of this
section unless--
* * *
(B) no nontraditional defense contractor is
participating to a significant extent in the prototype
project, but at least one of the following
circumstances exists:
* * *
(ii) The senior procurement executive for the
agency (as designated for the purposes of
[section 16(3) of the Office of Federal
Procurement Policy Act 41 U.S.C. 414(3))]
section 1702(c)(1) and (2) of title 41, United
States Code) determines in writing that
exceptional circumstances justify the use of a
transaction that provides for innovative
business arrangements or structures that would
not be feasible or appropriate under a
contract.
* * *
(e) Pilot Program for Transition to Follow-on Contracts.--(1)
The Secretary of Defense is authorized to carry out a pilot
program for follow-on contracting for the production of items
or processes developed under prototype projects carried out
under this section or research projects carried out pursuant to
section 2371 of title 10, United States Code.
(2) Under the pilot program--
(A) a qualifying contract for the procurement of such
an item or process, or a qualifying subcontract under a
contract for the procurement of such an item or
process, may be treated as a contract or subcontract,
respectively, for the procurement of commercial items,
as defined in [section 4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(12))] section 103
of title 41; and
* * *
(h) Applicability of Procurement Ethics Requirements.--An
agreement entered into under the authority of this section
shall be treated as a Federal agency procurement for the
purposes of [section 27 of the Office of Federal Procurement
Policy Act (41 U.S.C. 423) chapter 21 of title 41, United
States Code.
Sec. 2375 note (Federal Acquisition Streamlining Act of 1994,
Sec. 8304(5))
SEC. 8304. PROVISIONS NOT AFFECTED.
Nothing in this title shall be construed as modifying or
superseding, or as intended to impair or restrict, authorities
or responsibilities under--
* * *
(5) [the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c)
chapter 85 of title 41, United States Code.
Sec. 2379
Sec. 2379. Requirement for determination by Secretary of Defense and
notification to Congress before procurement of
major weapon systems as commercial items
(a) Requirement for Determination and Notification.--A major
weapon system of the Department of Defense may be treated as a
commercial item, or purchased under procedures established for
the procurement of commercial items, only if--
(1) the Secretary of Defense determines that--
(A) the major weapon system is a commercial
item, as defined in [section 4(12) of the
Office of Federal Procurement Policy Act (41
U.S.C. 403(12))] section 103 of title 41; and
* * *
(b) Treatment of Subsystems as Commercial Items.--A subsystem
of a major weapon system (other than a commercially available
off-the-shelf item as defined in [section 35(c) of the Office
of Federal Procurement Policy Act (41 U.S.C. 431(c))] section
104 of title 41) shall be treated as a commercial item and
purchased under procedures established for the procurement of
commercial items only if--
* * *
(2) the contracting officer determines in writing
that--
(A) the subsystem is a commercial item, as
defined in [section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C.
403(12))] section 103 of title 41; and
* * *
(c) Treatment of Components and Spare Parts as Commercial
Items.--(1) A component or spare part for a major weapon system
(other than a commercially available off-the-shelf item as
defined in [section 35(c) of the Office of Federal Procurement
Policy Act (41 U.S.C. 431(c))] section 104 of title 41) may be
treated as a commercial item for the purposes of section 2306a
of this title only if--
* * *
(B) the contracting officer determines in writing
that--
(i) the component or spare part is a
commercial item, as defined in [section 4(12)
of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12))] section 103 of title 41;
and
Sec. 2382
Sec. 2382. Consolidation of contract requirements: policy and
restrictions
* * *
(c) Definitions.--In this section:
* * *
(2) The term ``multiple award contract'' means--
* * *
(B) a multiple award task order contract or
delivery order contract that is entered into
under the authority of sections 2304a through
2304d of this title or [sections 303H through
303K of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253h through
253k)] sections 4101, 4103, 4105, and 4106 of
title 41; and
* * *
(3) The term ``senior procurement executive
concerned'' means--
(A) with respect to a military department,
the official designated under [section 16(c) of
the Office of Federal Procurement Policy Act
(41 U.S.C. 414(c))] section 1702(c) of title 41
as the senior procurement executive for the
military department; or
Sec. 2405 note (National Defense Authorization Act for Fiscal Year
1998, Sec. 810(b)(2)(A))
SEC. 810. REPEAL OF LIMITATION ON ADJUSTMENT OF SHIPBUILDING
CONTRACTS.
* * *
(b) Applicability.--(1) Except as provided in paragraph (2),
the repeal made by subsection (a) shall be effective with
respect to claims, requests for equitable adjustment, and
demands for payment under shipbuilding contracts that have been
or are submitted before, on, or after the date of the enactment
of this Act.
(2) Section 2405 of title 10, United States Code, as in
effect immediately before the date of the enactment of this
Act, shall continue to apply to a contractor's claim, request
for equitable adjustment, or demand for payment under a
shipbuilding contract that was submitted before such date if--
(A) a contracting officer denied the claim, request,
or demand, and the period for appealing the decision to
a court or board under [the Contract Disputes Act of
1978] chapter 71 of title 41, United States Code
expired before such date;
Sec. 2410d note (Department of Defense Appropriations Act, 2004,
Sec. 8025(c))
Sec. 8025. (a) Of the funds for the procurement of supplies
or services appropriated by this Act and hereafter, qualified
nonprofit agencies for the blind or other severely handicapped
shall be afforded the maximum practicable opportunity to
participate as subcontractors and suppliers in the performance
of contracts let by the Department of Defense.
* * *
(c) For the purpose of this section, the phrase ``qualified
nonprofit agency for the blind or other severely handicapped''
means a nonprofit agency for the blind or other severely
handicapped that has been approved by the Committee for the
Purchase from the Blind and Other Severely Handicapped under
[the Javits-Wagner-O'Day Act (41 U.S.C. 46-48)] chapter 85 of
title 41, United States Code.
Sec. 2410m(b)(1)(B)(ii)
Sec. 2410m. Retention of amounts collected from contractor during the
pendency of contract dispute
* * *
(b) Period of Availability.--(1) The period of availability
of an amount under subsection (a), in connection with a claim--
* * *
(B) if not expiring under subparagraph (A), expires--
* * *
(ii) in the case of a judgment rendered on
the claim in an appeal to the Armed Services
Board of Contract Appeals under [section 7 of
the Contract Disputes Act of 1978] section
7104(a) of title 41 or an action in a court of
the United States, 180 days after the date on
which the judgment becomes final and not
appealable.
Sec. 2461(d)(1)
Sec. 2461. Public-private competition required before conversion to
contractor performance
* * *
(d) Exemption for the Purchase of Products and Services of
the Blind and Other Severely Handicapped Persons.--This section
shall not apply to a commercial or industrial type function of
the Department of Defense that--
(1) is included on the procurement list established
pursuant to [section 2 of the Javits-Wagner-O'Day Act
(41 U.S.C. 47)] section 8503 of title 41; or
Sec. 2501 note (National Defense Authorization Act for Fiscal Year
2004, Sec. 812(b)(2))
SEC. 812. ASSESSMENT AND ANNUAL REPORT OF UNITED STATES DEFENSE
INDUSTRIAL BASE CAPABILITIES AND ACQUISITIONS OF ARTICLES,
MATERIALS, AND SUPPLIES MANUFACTURED OUTSIDE THE UNITED STATES.
* * *
(b) Use of Existing Data.--(1) At a minimum, with respect to
each prime contract with a value greater than $25,000 for the
procurement of defense items and components, the following
information from existing sources shall be used for purposes of
the assessment program:
* * *
(2) The Federal Procurement Data System described in [section
6(d)(4)(A) of the Office of Federal Procurement Policy Act (41
U.S.C. 405(d)(4)(A))] section 1122(a)(4)(A) of title 41, United
States Code, or any successor system, shall collect from
contracts described in paragraph (1) the information specified
in that paragraph.
Sec. 2533a note (Department of Defense Appropriations Act. 2005,
Sec. 8118)
Sec. 8118. Notwithstanding any other provision of law,
section 2533a(f) of title 10, United States Code, shall
hereafter not apply to any fish, shellfish, or seafood product.
This section applies to contracts and subcontracts for the
procurement of commercial items notwithstanding [section 34 of
the Office of Federal Procurement Policy Act (41 U.S.C. 430)]
section 1906 of title 41, United States Code.
Sec. 2533b
Sec. 2533b. Requirement to buy strategic materials critical to national
security from American sources; exceptions
* * *
(h) Applicability to Acquisitions of Commercial Items.--(1)
Except as provided in paragraphs (2) and (3), this section
applies to acquisitions of commercial items, notwithstanding
[sections 34 and 35 of the Office of Federal Procurement Policy
Act (41 U.S.C. 430 and 431)] sections 1906 and 1907 of title
41.
(2) This section does not apply to contracts or subcontracts
for the acquisition of commercially available off-the-shelf
items, as defined in [section 35(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 431(c))] section 104 of title
41, other than--
* * *
(m) Additional Definitions.--In this section:
* * *
(2) The term ``component'' has the meaning provided
in [section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403)] section 105 of title 41.
(3) The term ``acquisition'' has the meaning provided
in [section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403)] section 131 of title 41.
* * *
(5) The term ``commercially available off-the-shelf''
has the meaning provided in [section 35(c) of the
Office of Federal Procurement Policy Act (41 U.S.C.
431(c))] section 104 of title 41.
Sec. 2534 note (Ike Skelton National Defense Authorization Act for
Fiscal Year 2011, Sec. 846(a))
SEC. 846. PROCUREMENT OF PHOTOVOLTAIC DEVICES.
(a) Contract Requirement.--The Secretary of Defense shall
ensure that each contract described in subsection (b) awarded
by the Department of Defense includes a provision requiring the
photovoltaic devices provided under the contract to comply with
[the Buy American Act (41 U.S.C. 10a et seq.)] chapter 83 of
title 41, United States Code, subject to the exceptions to
[that Act] that chapter provided in the Trade Agreements Act of
1979 (19 U.S.C. 2501 et seq.) or otherwise provided by law.
Sec. 2545(1)
Sec. 2545. Definitions
In this chapter:
(1) The term ``acquisition'' has the meaning provided
in [section 4(16) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(16))] section 131 of title
41.
Sec. 2562(a)(1)
Sec. 2562. Limitation on use of excess construction or fire equipment
from Department of Defense stocks in foreign
assistance or military sales programs
(a) Limitation.--Excess construction or fire equipment from
the stocks of the Department of Defense may be transferred to
any foreign country or international organization pursuant to
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301
et seq.) or section 21 of the Arms Export Control Act (22
U.S.C. 2761) only if--
(1) no department or agency of the Federal Government
(other than the Department of Defense), no State, and
no other person or entity eligible to receive excess or
surplus property under [subtitle I of title 40 and
division C (except sections 3302, 3501(b), 3509, 3906,
4710, and 4711) of subtitle I] the provisions of
section 171(b) and (c) of title 41 submits to the
Defense Reutilization and Marketing Service a request
for such equipment during the period for which the
Defense Reutilization and Marketing Service accepts
such a request; or
Sec. 2576(a)
Sec. 2576. Surplus military equipment: sale to State and local law
enforcement, firefighting, homeland security, and
emergency management agencies
(a) The Secretary of Defense, under regulations prescribed by
him, may sell to State and local law enforcement, firefighting,
homeland security, and emergency management agencies, at fair
market value, pistols, revolvers, shotguns, rifles of a caliber
not exceeding .30, ammunition for such firearms, gas masks,
personal protective equipment, and other appropriate equipment
which (1) are suitable for use by such agencies in carrying out
law enforcement, firefighting, homeland security, and emergency
management activities, and (2) have been determined to be
surplus property under [subtitle I of title 40 and division C
(except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of
subtitle I] the provisions of section 171(b) and (c) of title
41.
Sec. 2664(a)
Sec. 2664. Limitations on real property acquisition
(a) Authorization for Acquisition Required.--No military
department may acquire real property not owned by the United
States unless the acquisition is expressly authorized by law.
The foregoing limitation shall not apply to the acceptance by a
military department of real property acquired under the
authority of the Administrator of General Services to acquire
property by the exchange of Government property pursuant to
[subtitle I of title 40 and title III of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 251 et
seq.)] the provisions of section 171(b) and (c) of title 41.
Sec. 2667(g)(1)
Sec. 2667. Leases: non-excess property of military departments and
Defense Agencies
* * *
(g) Special Rules for Base Closure and Realignment
Property.--(1) Notwithstanding [subsection (a)(2) or subtitle I
of title 40 and title III of the Federal Property and
Administrative Services Act of 1949 (to the extent subtitle I
and title III are inconsistent with this subsection)] chapter 5
of title 40 (to the extent such chapter is inconsistent with
this subsection) or subsection (a)(3), pending the final
disposition of real property and personal property located at a
military installation to be closed or realigned under a base
closure law, the Secretary concerned may lease the property to
any individual or entity under this subsection if the Secretary
determines that such a lease would facilitate State or local
economic adjustment efforts.
Sec. 2687 note (Defense Base Closure and Realignment Act of 1990,
Sec. 2905(b)(2)(A)(i))
SEC. 2905. IMPLEMENTATION
* * *
(b) Management and Disposal of Property.--(1) The
Administrator of General Services shall delegate to the
Secretary of Defense, with respect to excess and surplus real
property, facilities, and personal property located at a
military installation closed or realigned under this part--
* * *
(2)(A) Subject to subparagraph (B) and paragraphs (3), (4),
(5), and (6), the Secretary of Defense shall exercise the
authority delegated to the Secretary pursuant to paragraph (1)
in accordance with--
(i) all regulations governing the utilization of
excess property and the disposal of surplus property
under [the Federal Property and Administrative Services
Act of 1949] chapter 5 of title 40, United States Code;
and
Sec. 2687 note (Defense Authorization Amendments and Base Closure and
Realignment Act, Sec. 204(b)(2)(A)(i)
SEC. 204. IMPLEMENTATION
* * *
(b) Management and Disposal of Property.--(1) The
Administrator of General Services shall delegate to the
Secretary, with respect to excess and surplus real property,
facilities, and personal property located at a military
installation closed or realigned under this title--
* * *
(2)(A) Subject to subparagraph (B), the Secretary shall
exercise authority delegated to the Secretary pursuant to
paragraph (1) in accordance with--
(i) all regulations in effect on the date of the
enactment of this title governing utilization of excess
property and disposal of surplus property under [the
Federal Property and Administrative Services Act of
1949] chapter 5 of title 40, United States Code; and
Sec. 2691(b)
Sec. 2691. Restoration of land used by permit or lease
* * *
(b) Unless otherwise prohibited by law or the terms of the
permit or lease, before restoration of any land under
subsection (a) is begun, the Secretary concerned shall
determine, under the provisions of [subtitle I of title 40 and
division C (except sections 3302, 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I] section 171(b) and (c) of title 41,
whether another military department or Federal agency has a use
for the land in its existing, improved state. During the period
required to make such a determination, the Secretary may
provide for maintenance and repair of improvements on the land
to the standards established for excess property by the
Administrator of General Services.
Sec. 2696(b)
Sec. 2696. Real property: transfer between armed forces and screening
requirements for other Federal use
* * *
(b) Screening Requirements for Additional Federal Use.--The
Secretary concerned may not convey real property that is
authorized or required to be conveyed, whether for or without
consideration, by any provision of law enacted after December
31, 1997, unless the Administrator of General Services has
screened the property for further Federal use in accordance
with [subtitle I of title 40 and title III of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 251
et seq.)] chapter 5 of title 40.
Sec. 2854a(d)(1)
Sec. 2854a. Conveyance of damaged or deteriorated military family
housing; use of proceeds
* * *
(d) Inapplicability of Certain Property Disposal Laws.--The
following provisions of law do not apply to the conveyance of a
family housing facility under this section:
(1) [Subtitle I of title 40 and division C (except
sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of
subtitle I] Section 171(b) and (c) of title 41.
Sec. 2878(e)(2)
Sec. 2878. Conveyance or lease of existing property and facilities
* * *
(e) Inapplicability of Certain Property Management Laws.--The
conveyance or lease of property or facilities under this
section shall not be subject to the following provisions of
law:
* * *
(2) [Subtitle I of title 40 and title III of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 251 et seq.)] chapter 5 of title 40.
Sec. 7305(d)
Sec. 7305. Vessels stricken from Naval Vessel Register: sale
* * *
(d) Applicability.--This section does not apply to a vessel
the disposal of which is authorized by [subtitle I of title 40
and division C (except sections 3302, 3501(b), 3509, 3906,
4710, and 4711) of subtitle I] the provisions of section 171(b)
and (c) of title 41, if it is to be disposed of under those
provisions.
Sec. 7312(f)
Sec. 7312. Service craft stricken from Naval Vessel Register; obsolete
boats: use of proceeds from exchange or sale
* * *
(f) Inapplicability of Advertising Requirement.--[Section
3709 of the Revised Statutes (41 U.S.C. 5)] Section 6101 of
title 41 does not apply to sales of service craft and boats
described in subsection (a).
Sec. 7420 note (National Defense Authorization Act for Fiscal Year
1996, Sec. 3412(k))
SEC. 3412. SALE OF NAVAL PETROLEUM RESERVE NUMBERED 1.
* * *
(k) Acquisition of Services.--The Secretary may enter into
contracts for the acquisition of services required under this
section under the authority of [paragraph (7) of section 303(c)
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253(c))] section 3304(a)(7) of title 41, United
States Code, except that the notification required under
subparagraph (B) of such paragraph [now 41 U.S.C.
3304(a)(7)(B)] for each contract shall be submitted to Congress
not less than 7 days before the award of the contract.
Sec. 9444(b)(1)
Sec. 9444. Activities performed as auxiliary of the Air Force
* * *
(b) Forms of Air Force Support.--The Secretary of the Air
Force may, under subsection (a)--
(1) give, lend, or sell to the Civil Air Patrol
without regard to [subtitle I of title 40 and division
C (except sections 3302, 3501(b), 3509, 3906, 4710, and
4711) of subtitle I] the provisions of section 171(b)
and (c) of title 41--
Sec. 9781(g)(1)
Sec. 9781. Disposition of real property at missile sites
* * *
(g) If any real property interest of the United States
described in subsection (a) is not purchased under the
procedures provided in subsections (a) through (f), such tract
may be disposed of only in accordance with [subtitle I of title
40 and division C (except sections 3302, 3501(b), 3509, 3906,
4710, and 4711) of subtitle I] the provisions of section 171(b)
and (c) of title 41.
TITLE 12--BANKS AND BANKING
Sec. 90 (Section 5153 of the Revised Statutes)
Sec. 5153. All national banking associations, designated for
that purpose by the Secretary of the Treasury, shall be
depositaries of public money, under such regulations as may be
prescribed by the Secretary; and they may also be employed as
financial agents of the Government; and they shall perform all
such reasonable duties, as depositaries of public money and
financial agents of the Government, as may be required of them.
The Secretary of the Treasury shall require the associations
thus designated to give satisfactory security, by the deposit
of United States bonds and otherwise, for the safe-keeping and
prompt payment of the public money deposited with them, and for
the faithful performance of their duties as financial agents of
the Government: Provided, That the Secretary shall, on or
before the 1st of January of each year, make a public statement
of the securities required during that year for such deposits.
And every association so designated as receiver or depositary
of the public money shall take and receive at par all of the
national currency bills, by whatever association issued, which
have been paid into the Government for internal revenue, or for
loans or stocks: Provided, That the Secretary of the Treasury
shall distribute the deposits herein provided for, as far as
practicable, equitably between the different States and
sections.
* * *
Notwithstanding the [Federal Property and Administrative
Services Act of 1949, as amended] provisions referred to in
section 171(b) and (c) of title 41, United States Code, the
Secretary may select associations as financial agents in
accordance with any process the Secretary deems appropriate and
their reasonable duties may include the provision of electronic
benefit transfer services (including State-administered
benefits with the consent of the States), as defined by the
Secretary.
Sec. 1141b(7) (Agricultural Marketing Act, Sec. 4(7))
Sec. 4. The board--
* * *
(7) may sell at public or private sale to the highest
responsible bidder, upon such terms and after such
public advertisement as the Farm Credit Administration
may deem in the public interest, any property, real or
personal, or any interest therein, acquired by the
United States on account of or as a result of any loans
made from the revolving fund authorized by section 6 of
this Act; may lease any such property, pending its
sale, on such terms and for such period, not in excess
of five years, as the Farm Credit Administration may
deem in the public interest; and may incur and pay,
from the said revolving fund, obligations and expenses
for the operation, upkeep, maintenance, repair,
disposition, insurance, and protection of any such
property: Provided, That [section 3709 of the Revised
Statutes] section 6101 of title 41, United States Code,
shall not be construed to apply to any purchase or
service on account of such property.
Sec. 1701c(c)(2) (Housing Act of 1948, Sec. 502(c)(2))
Sec. 502. In carrying out his functions, powers, and duties--
* * *
(c) The Secretary of Housing and Urban Development, the
Comptroller of the Currency, and the Federal Deposit Insurance
Corporation, respectively, may, in addition to and not in
derogation of any powers and authorities conferred elsewhere in
this Act--
* * *
(2) utilize, contract with and act through, without
regard to [section 3709 of the Revised Statutes]
section 6101 of title 41, United States Code, any
Federal, State, or local public agency or
instrumentality, educational institution, or non-profit
agency or organization with the consent of the agency
or organization concerned, and any funds available to
said officers for carrying out their respective
functions, powers, and duties shall be available to
reimburse or pay any such agency or organization; and,
whenever in the judgment of any such officer necessary,
he may make advance, progress, or other payments with
respect to such contracts without regard to the
provisions of subsections (a) and (b) of section 3324
of title 31; and
Sec. 1701z(d) (Housing and Urban Development Act of 1968, Sec. 108(d))
Sec. 108. (a) In order to encourage the use of new housing
technologies in providing decent, safe, and sanitary housing
for lower income families; to encourage large-scale
experimentation in the use of such technologies; to provide a
basis for comparison of such technologies with existing housing
technologies in providing such housing; and to evaluate the
effect of local housing codes and zoning regulations on the
large-scale use of new housing technologies in the provision of
such housing, the Secretary of Housing and Urban Development
(hereinafter referred to as the ``Secretary'') shall institute
a program under which qualified organizations, public and
private, will submit plans for the development of housing for
lower income families, using new and advanced technologies, on
Federal land which has been made available by the Secretary for
the purposes of this section, or on other land where (1) local
building regulations permit the construction of experimental
housing, or (2) State or local law permits variances from
building regulations in the construction of experimental
housing for the purpose of testing and developing new building
technologies.
* * *
(d) Notwithstanding the provisions of [the Federal Property
and Administrative Services Act of 1949] chapter 5 of title 40,
United States Code, any land which is excess property within
the meaning of [such Act] such chapter and which is determined
by the Secretary to be suitable in furtherance of the purposes
of this section may be transferred to the Secretary upon his
request.
Sec. 1701z-2 (Housing and Urban Development Act of 1970, Sec. 502)
Sec. 502. (a) The Secretary shall require, to the greatest
extent feasible, the employment of new and improved
technologies, methods, and materials in housing construction,
rehabilitation, and maintenance under programs administered by
him with a view to reducing costs, and shall encourage and
promote the acceptance and application of such advanced
technology, methods, and materials by all segments of the
housing industry, communities, industries engaged in urban
development activities, and the general public. To the extent
feasible, in connection with the construction, major
rehabilitation, or maintenance of any housing assisted under
section 501, the Secretary shall assure that there is no
restraint by contract, building code, zoning ordinance, or
practice against the employment of new or improved
technologies, techniques, materials, and methods or of
preassembled products which may reduce the cost or improve the
quality of such construction, rehabilitation, and maintenance,
and therefore stimulate expanded production of housing, except
where such restraint is necessary to insure safe and healthful
working and living conditions.
* * *
(c) Notwithstanding any other provision of law, the Secretary
is authorized, in connection with projects under this title, to
acquire, use and dispose of any land and other property
required for the project as he deems necessary. Notwithstanding
the provisions of [the Federal Property and Administrative
Services Act of 1949] chapter 5 of title 40, United States
Code, any land which is excess property within the meaning of
[such Act] such chapter and which is determined by the
Secretary to be suitable in furtherance of the purposes of
subsection (b) of this section may be transferred to the
Secretary upon his request.
* * *
(e) The Secretary is authorized to carry out the functions
authorized in section 1701z-1 of this title either directly or,
without regard to [section 3709 of the Revised Statutes]
section 6101 of title 41, United States Code, by contract or by
grant. Advance and progress payments may be made under such
contracts or grants without regard to the provisions of
subsections (a) and (b) of section 3324 of title 31 and such
contracts or grants may be made for work to continue for not
more than four years from the date thereof.
Sec. 1703(c)(2) (National Housing Act, Sec. 2(c)(2))
Sec. 2. (a) The Secretary is authorized and empowered upon
such terms and conditions as he may prescribe, to insure banks,
trust companies, personal finance companies, mortgage
companies, building and loan associations, installment lending
companies and other such financial institutions, which the
Secretary finds to be qualified by experience or facilities and
approves as eligible for credit insurance, against losses which
they may sustain as a result of loans and advances of credit,
and purchases of obligations representing loans and advances of
credit, made by them for the purpose of (i) financing
alterations, repairs, and improvements upon or in connection
with existing structures or manufactured homes, and the
building of new structures, upon urban, suburban, or rural real
property (including the restoration, rehabilitation,
rebuilding, and replacement of such improvements which have
been damaged or destroyed by earthquake, conflagration,
tornado, hurricane, cyclone, flood, or other catastrophe), by
the owners thereof or by lessees of such real property under a
lease expiring not less than six months after the maturity of
the loan or advance of credit; and for the purpose of (ii)
financing the purchase of a manufactured home to be used by the
owner as his principal residence or financing the purchase of a
lot on which to place such home and paying expenses reasonably
necessary for the appropriate preparation of such lot,
including the installation of utility connections, sanitary
facilities, and paving, and the construction of a suitable pad,
or financing only the acquisition of such a lot either with or
without such preparation by an owner of a manufactured home;
and for the purpose of financing the preservation of historic
structures, and, as used in this section, the term ``historic
structures'' means residential structures which are registered
in the National Register of Historic Places or which are
certified by the Secretary of the Interior to conform to
National Register criteria; and the term ``preservation'' means
restoration or rehabilitation undertaken for such purposes as
are approved by the Secretary in regulations issued by him,
after consulting with the Secretary of the Interior. Other than
in connection with a manufactured home or a lot on which to
place such a home (or both), in no case shall the insurance
granted by the Secretary under this section to any such
financial institution on loans, advances of credit, and
purchases made by such financial institution for such purposes
exceed 10 per centum of the total amount of such loans,
advances of credit, and purchases. With respect to any loan,
advance of credit, or purchase, the amount of any claim for
loss on any such individual loan, advance of credit or purchase
paid by the Secretary under the provisions of this section to a
lending institution shall not exceed 90 per centum of such
loss.
* * *
(c) Handling and Disposal of Property.--
* * *
(2) Advertisements for proposals.--[Section 3709 of
the Revised Statutes] Section 6101 of title 41 shall
not be construed to apply to any contract of hazard
insurance or to any purchase or contract for services
or supplies on account of such property if the amount
thereof does not exceed $25,000.
Sec. 1710(g) (National Housing Act, Sec. 204(g))
Sec. 204. (a) In General.--
* * *
(g) Notwithstanding any other provision of law relating to
the acquisition, handling, or disposal of real property by the
United States, the Secretary shall have power to deal with,
complete, rent, renovate, modernize, insure, or sell for cash
or credit, in his discretion, any properties conveyed to him in
exchange for debentures and certificates of claim as provided
in this section; and notwithstanding any other provision of
law, the Secretary shall also have power to pursue to final
collection, by way of compromise or otherwise, all claims
against mortgagors assigned by mortgagees to the Secretary as
provided in this section: Provided, That [section 3709 of the
Revised Statutes] section 6101 of title 41, United States Code
shall not be construed to apply to any contract for hazard
insurance, or to any purchase or contract for services or
supplies on account of such property if the amount thereof does
not exceed $1,000. The Secretary shall, by regulation, carry
out a program of sales of such properties and shall develop and
implement appropriate credit terms and standards to be used in
carrying out the program. The power to convey and to execute in
the name of the Secretary deeds of conveyance, deeds of
release, assignments and satisfactions of mortgages, and any
other written instrument relating to real or personal property
or any interest therein heretofore or hereafter acquired by the
Secretary pursuant to the provisions of this chapter, may be
exercised by an officer appointed by him, without the execution
of any express delegation of power or power of attorney:
Provided, That nothing in this subsection shall be construed to
prevent the Secretary from delegating such power by order or by
power of attorney, in his discretion, to any officer, agent, or
employee he may appoint: And provided further, That a
conveyance or transfer of title to real or personal property or
an interest therein to the Secretary of Housing and Urban
Development, his successors and assigns, without identifying
the Secretary therein, shall be deemed a proper conveyance or
transfer to the same extent and of like effect as if the
Secretary were personally named in such conveyance or transfer.
The Secretary may sell real and personal property acquired by
the Secretary pursuant to the provisions of this chapter on
such terms and conditions as the Secretary may prescribe.
Sec. 1713(l) (National Housing Act, Sec. 207(l))
Sec. 207. (a) As used in this section--
* * *
(l) Notwithstanding any other provisions of law relating to
the acquisition, handling, or disposal of real and other
property by the United States, the Secretary shall also have
power, for the protection of the interests of the General
Insurance Fund, to pay out of the General Insurance Fund all
expenses or charges in connection with, and to deal with,
complete, reconstruct, rent, renovate, modernize, insure, make
contracts for the management of, or establish suitable agencies
for the management of, or sell for cash or credit or lease in
his discretion, any property acquired by him under this
section, and notwithstanding any other provision of law, the
Secretary shall also have power to pursue to final collection
by way of compromise or otherwise all claims assigned and
transferred to him in connection with the assignment, transfer,
and delivery provided for in this section, and at any time,
upon default, to foreclose on any property secured by any
mortgage assigned and transferred to or held by him: Provided,
That [section 3709 of the Revised Statutes] section 6101 of
title 41, United States Code shall not be construed to apply to
any contract for hazard insurance, or to any purchase or
contract for services or supplies on account of such property
if the amount thereof does not exceed $1,000.
Sec. 1739(g) (National Housing Act, Sec. 604(g))
Sec. 604. (a) In any case in which the mortgagee under a
mortgage insured under section 603 shall have foreclosed and
taken possession of the mortgaged property, in accordance with
regulations of, and within a period to be determined by, the
Secretary, or shall, with the consent of the Secretary, have
otherwise acquired such property from the mortgagor after
default, the mortgagee shall be entitled to receive the benefit
of the insurance as hereinafter provided, upon (1) the prompt
conveyance to the Secretary of title to the property which
meets the requirements of rules and regulations of the
Secretary in force at the time the mortgage was insured, and
which is evidenced in the manner prescribed by such rules and
regulations; and (2) the assignment to him of all claims of the
mortgagee against the mortgagor or others, arising out of the
mortgage transaction or foreclosure proceedings, except such
claims as may have been released with the consent of the
Secretary. Upon such conveyance and assignment the obligation
of the mortgagee to pay the premium charges for insurance shall
cease and the Secretary shall, subject to the cash adjustment
hereinafter provided, issue to the mortgagee debentures having
a total face value equal to the value of the mortgage and a
certificate of claim, as hereinafter provided. For the purposes
of this subsection, the value of the mortgage shall be
determined, in accordance with rules and regulations prescribed
by the Secretary, by adding to the amount of the original
principal obligation of the mortgage which was unpaid on the
date of the institution of foreclosure proceedings, or on the
date of the acquisition of the property after default other
than by foreclosure, the amount of all payments which have been
made by the mortgagee for taxes, ground rents, and water rates,
which are liens prior to the mortgage, special assessments
which are noted on the application for insurance or which
become liens after the insurance of the mortgage, insurance of
the mortgaged property, and any mortgage insurance premiums and
by deducting from such total amount any amount received on
account of the mortgage after either of such dates, and any
amount received as rent or other income from the property, less
reasonable expenses incurred in handling the property, after
either of such dates: Provided, That with respect to mortgages
which are foreclosed before there shall have been paid on
account of the principal obligation of the mortgage a sum equal
to 10 per centum of the appraised value of the property as of
the date the mortgage was accepted for insurance, there may be
included in the debentures issued by the Secretary, on account
of the cost of foreclosure (or of acquiring the property by
other means) actually paid by the mortgagee and approved by the
Secretary an amount--
* * *
(g) Notwithstanding any other provision of law relating to
the acquisition, handling, or disposal of real property by the
United States, the Secretary shall have power to deal with,
complete, rent, renovate, modernize, insure, make contracts or
establish suitable agencies for the management of, or sell for
cash or credit, in his discretion, any properties conveyed to
him in exchange for debentures and certificates of claim as
provided in this title; and notwithstanding any other provision
of law, the Secretary shall also have power to pursue to final
collection, by way of compromise or otherwise, all claims
against mortgagors assigned by mortgagees to the Secretary as
provided in this title, except that no suit or action shall be
commenced by the Secretary against any such mortgagor on
account of any claim so assigned with respect to mortgages
insured under section 603 unless such suit or action is
commenced within six months after the assignment of such claim
to the Secretary, or within six months after the last payment
was made to the Secretary with respect to the claim so
assigned, whichever is later: Provided, That [section 3709 of
the Revised Statutes] section 6101 of title 41, United States
Code shall not be construed to apply to any contract for hazard
insurance, or to any purchase or contract for services or
supplies on account of such property if the amount thereof does
not exceed $1,000. The power to convey and to execute in the
name of the Secretary deeds of conveyances, deeds of release,
assignments, and satisfactions of mortgages, and any other
written instrument relating to real property or any interest
therein heretofore or hereafter acquired by the Secretary
pursuant to the provisions of this chapter, may be exercised by
an officer appointed by him, without the execution of any
express delegation of power or power of attorney: Provided,
That nothing in this subsection shall be construed to prevent
the Secretary from delegating such power by order or by power
of attorney in his discretion, to any officer, agent, or
employee he may appoint.
Sec. 1747g(h) (National Housing Act, Sec. 708(h))
Sec. 708. (a) If the aggregate of the amounts paid to the
investor pursuant to section 707 hereof with respect to a
project insured under this title shall at any time equal or
exceed 15 per centum of the established investment, the
Secretary thereafter shall have the right, after written notice
to the investor of his intentions so to do, to acquire, as of
the first day of any operating year, such project in
consideration of the issuance and delivery to the investor of
debentures having a total face value equal to 90 per centum of
the outstanding investment for such operating year. In any such
case the investor shall be obligated to convey to said
Secretary title to the project which meets the requirements of
the rules and regulations of the Secretary in force at the time
the insurance contract was executed and which is evidenced in
the manner prescribed by such rules and regulations, and, in
the event that the investor fails so to do, said Secretary may,
at his option, terminate the insurance contract.
* * *
(h) Notwithstanding any other provisions of law relating to
the acquisition, handling, or disposal of real and other
property by the United States, the Secretary shall have power,
for the protection of the General Insurance Fund, to pay out of
said Fund all expenses or charges in connection with, and to
deal with, complete, reconstruct, rent, renovate, modernize,
insure, make contracts for the management of, or establish
suitable agencies for the management of, or sell for cash or
credit or lease in his discretion, in whole or in part, any
project acquired pursuant to this title; and, notwithstanding
any other provisions of law, the Secretary shall also have
power to pursue to final collection by way of compromise or
otherwise all claims acquired by, or assigned or transferred
to, him in connection with the acquisition or disposal of any
project pursuant to this title: Provided, That [section 3709 of
the Revised Statutes] section 6101 of title 41, United States
Code, shall not be construed to apply to any contract for
hazard insurance, or to any purchase or contract for services
or supplies on account of any project acquired pursuant to this
subchapter if the amount of such purchase or contract does not
exceed $1,000.
Sec. 1747k (National Housing Act, Sec. 712)
Sec. 712. The Secretary may make such rules and regulations
as may be necessary or desirable to carry out the provisions of
this subchapter, including, without limiting the foregoing,
rules and regulations relating to the maintenance by the
investor of books, records, and accounts with respect to the
project and the examination of such books, records, and
accounts by representatives of the Secretary; the submission of
financial and operating statements and the approval thereof;
the submission of claims for payments under insurance
contracts, the proof of the validity of such claims, and the
payment or disallowance thereof; the increase of the
established investment if the investor shall make capital
improvements or additions to the project; the decrease of the
established investment if the investor shall sell part of the
project; and the reduction of the outstanding investment for
the appropriate operating year or operating years pending the
restoration of dwelling or nondwelling facilities damaged by
fire or other casualty. With respect to any investor which is
subject to supervision or regulation by a State banking,
insurance, or other State department or agency, the Secretary
may, in carrying out any of his supervisory and regulatory
functions with respect to projects insured under this
subchapter, utilize, contract with, and act through, such
department or agency and without regard to [section 3709 of the
Revised Statutes] section 6101 of title 41, United States Code.
Sec. 1750c(f) (National Housing Act, Sec. 904(f))
Sec. 904. (a) In any case in which the mortgagee under a
mortgage insured under section 903 title shall have foreclosed
and taken possession of the mortgaged property, in accordance
with regulations of, and within a period to be determined by,
the Secretary, or shall, with the consent of the Secretary,
have otherwise acquired such property from the mortgagor after
default, the mortgagee shall be entitled to receive the benefit
of the insurance as hereinafter provided, upon (1) the prompt
conveyance to the Secretary of title to the property which
meets the requirements of rules and regulations of the
Secretary in force at the time the mortgage was insured, and
which is evidenced in the manner prescribed by such rules and
regulations; and (2) the assignment to him of all claims of the
mortgagee against the mortgagor or others, arising out of the
mortgage transaction or foreclosure proceedings, except such
claims as may have been released with the consent of the
Secretary. Upon such conveyance and assignment the obligation
of the mortgagee to pay the premium charges for insurance shall
cease and the Secretary shall, subject to the cash adjustment
hereinafter provided, issue to the mortgagee debentures having
a total face value equal to the value of the mortgage and a
certificate of claim, as hereinafter provided. For the purposes
of this subsection, the value of the mortgage shall be
determined, in accordance with rules and regulations prescribed
by the Secretary, by adding to the amount of the original
principal obligation of the mortgage which was unpaid on the
date of the institution of foreclosure proceedings, or on the
date of the acquisition of the property after default other
than by foreclosure, the amount of all payments which have been
made by the mortgagee for taxes, ground rents, and water rates,
which are liens prior to the mortgage, special assessments
which are noted on the application for insurance or which
become liens after the insurance of the mortgage, insurance of
the mortgaged property, and any mortgage insurance premiums and
by deducting from such total amount any amount received on
account of the mortgage after either of such dates and any
amount received as rent or other income from the property, less
reasonable expenses incurred in handling the property, after
either of such dates: Provided, That with respect to mortgages
which are foreclosed before there shall have been paid on
account of the principal obligation of the mortgage a sum equal
to 10 per centum of the appraised value of the property as of
the date the mortgage was accepted for insurance, there may be
included in the debentures issued by the Secretary, on account
of the cost of foreclosure (or of acquiring the property by
other means) actually paid by the mortgagee and approved by the
Secretary an amount--
* * *
(f) Notwithstanding any other provision of law relating to
the acquisition, handling, or disposal of real property by the
United States, the Secretary shall have power to deal with,
complete, rent, renovate, modernize, insure, make contracts or
establish suitable agencies for the management of, or sell for
cash or credit, in his discretion, any properties conveyed to
him in exchange for debentures and certificates of claim as
provided in this section; and, notwithstanding any other
provision of law, the Secretary shall also have power to pursue
to final collection, by way of compromise or otherwise, all
claims against mortgagors assigned by mortgagees to the
Secretary as provided in this subchapter: Provided, That
[section 3709 of the Revised Statututes] section 6101 of title
41, United States Code shall not be construed to apply to any
purchase or contract for services or supplies on account of
such property if the amount thereof does not exceed $1,000. The
power to convey and to execute in the name of the Secretary
deeds of conveyances, deeds of release, assignments, and
satisfactions of mortgages, and any other written instrument
relating to real property or any interest therein heretofore or
hereafter acquired by the Secretary pursuant to the provisions
of this chapter, may be exercised by an officer appointed by
him, without the execution of any express delegation of power
or power of attorney: Provided, That nothing in this subsection
shall be construed to prevent the Secretary from delegating
such power by order or by power of attorney in his discretion,
to any officer, agent, or employee he may appoint.
Sec. 1788(b) (Federal Credit Union Act, Sec. 208(b))
Sec. 208. (a)(1) In order to reopen a closed insured credit
union or in order to prevent the closing of an insured credit
union which the Board has determined is in danger of closing or
in order to assist in the voluntary liquidation of a solvent
credit union, the Board, in its discretion, is authorized to
make loans to, or purchase the assets of, or establish accounts
in such insured credit union upon such terms and conditions as
it may prescribe. Except with respect to the voluntary
liquidation of a solvent credit union, such loans shall be made
and such accounts shall be established only when, in the
opinion of the Board, such action is necessary to protect the
fund or the interests of the members of the credit union.
* * *
(b) For the protection of the Fund, the Board, without regard
to the [Federal Property and Administrative Services Act of
1949] provisions referred to in section 171(b) and (c) of title
41, United States Code, may--
(1) deal with, complete, reconstruct, rent, renovate,
modernize, insure, make contracts for the management
of, sell for cash or credit, or lease, in its
discretion, any real property acquired or held by it
under this section; and
(2) assign or sell at public or private sale, or
otherwise dispose of, any evidence of debt, contract,
claim, personal property, or security assigned to or
held by it under this section.
[Section 3709 of the Revised Statutes of the United States]
Section 6101 of title 41, United States Code shall not apply to
any purchase or contract for services or supplies made or
entered into by the Board under this section if the amount
thereof does not exceed $1,000, or to any contract for hazard
insurance on any real property acquired or held by it under
this section.
Sec. 1827(g) (Federal Deposit Insurance Act, Sec. 17(g))
(a) Annual reports on the Deposit Insurance Fund and the
FSLIC Resolution Fund.--
* * *
(g) For the purpose of conducting such audit the Comptroller
General is authorized in his discretion to employ by contract,
without regard to [section 3709 of the Revised Statutues]
section 6101 of title 41, United States Code, professional
services of firms and organizations of certified public
accountants, with the concurrence of the Corporation, for
temporary periods or for special purposes. The Corporation
shall reimburse the Government Accountability Office for the
cost of any such audit as billed therefor by the Comptroller
General, and the Government Accountability Office shall deposit
the sums so reimbursed into the Treasury as miscellaneous
receipts.
Sec. 4516(h)(3) (Federal Housing Enterprises Financial Safety and
Soundness Act of 1992, Sec. 1316(h)(3))
SEC. 1316. FUNDING.
* * *
(h) Audit of Agency.--
* * *
(3) Assistance and costs.--For the purpose of
conducting an audit under this subsection, the
Comptroller General may, in the discretion of the
Comptroller General, employ by contract, without regard
to [section 3709 of the Revised Statutes of the United
States (41 U.S.C. 5)] section 6101 of title 41, United
States Code, professional services of firms and
organizations of certified public accountants for
temporary periods or for special purposes. Upon the
request of the Comptroller General, the Director of the
Agency shall transfer to the Government Accountability
Office from funds available, the amount requested by
the Comptroller General to cover the full costs of any
audit and report conducted by the Comptroller General.
The Comptroller General shall credit funds transferred
to the account established for salaries and expenses of
the Government Accountability Office, and such amount
shall be available upon receipt and without fiscal year
limitation to cover the full costs of the audit and
report.
Sec. 5416 (Enhancing Financial Institution Safety and Soundness Act of
2010, Sec. 319)
SEC. 319. CONTRACTING AND LEASING AUTHORITY.
Notwithstanding the [Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.)] provisions
referred to in section 171(b) and (c) of title 41, United
States Code or any other provision of law (except the full and
open competition requirements of the Competition in Contracting
Act), the Office of the Comptroller of the Currency may--
(1) enter into and perform contracts, execute
instruments, and acquire real property (or property
interest) as the Comptroller deems necessary to carry
out the duties and responsibilities of the Office of
the Comptroller of the Currency; and
(2) hold, maintain, sell, lease, or otherwise dispose
of the property (or property interest) acquired under
paragraph (1).
Sec. 5497(a)(5)(C) (Consumer Financial Protection Act of 2010,
Sec. 1017(a)(5)(C))
SEC. 1017. FUNDING; PENALTIES AND FINES
(a) Transfer of Funds From Board Of Governors.--
* * *
(5) Audit of the bureau.--
* * *
(C) Assistance and costs.--For the purpose of
conducting an audit under this subsection, the
Comptroller General may, in the discretion of
the Comptroller General, employ by contract,
without regard to [section 3709 of the Revised
Statutes of the United States (41 U.S.C. 5)]
section 6101 of title 41, United States Code,
professional services of firms and
organizations of certified public accountants
for temporary periods or for special purposes.
Upon the request of the Comptroller General,
the Director of the Bureau shall transfer to
the Government Accountability Office from funds
available, the amount requested by the
Comptroller General to cover the full costs of
any audit and report conducted by the
Comptroller General. The Comptroller General
shall credit funds transferred to the account
established for salaries and expenses of the
Government Accountability Office, and such
amount shall be available upon receipt and
without fiscal year limitation to cover the
full costs of the audit and report.
TITLE 14--COAST GUARD
Public Law 111-350, Sec. 5(c)
SEC. 5. CONFORMING CROSS-REFERENCES.
* * *
(b) Title 14.--Title 14, United States Code, is amended as
follows:
* * *
(2) In section [93(h)] 93(a)(8), strike ``title III
of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 251 et seq.)'' and substitute
``division C (except sections 3302, 3501(b), 3509,
3906, 4710 and 4711) of subtitle I of title 41''
* * *
[(4) In section 685(c)(1), strike ``title III of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 251 et seq.)'' and substitute
``division C (except sections 3302, 3501(b), 3509,
3906, 4710 and 4711) of subtitle I of title 41''.]
Sec. 92(d)
Sec. 92. Secretary; general powers
For the purpose of executing the duties and functions of the
Coast Guard the Secretary may within the limits of
appropriations made therefor:
* * *
(d) design or cause to be designed, cause to be
constructed, accept as gift, or otherwise acquire
vessels, and subject to applicable regulations under
[subtitle I of title 40 and division C (except sections
3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle
I of title 41] chapter 5 of title 40 dispose of them;
Sec. 93(a)(8)
Sec. 93. Commandant; general powers
(a) For the purpose of executing the duties and functions of
the Coast Guard the Commandant may:
* * *
(8) design or cause to be designed, cause to be
constructed, accept as gift, or otherwise acquire
patrol boats and other small craft, equip, operate,
maintain, supply, and repair such patrol boats, other
small craft, aircraft, and vehicles, and subject to
applicable regulations under [subtitle I of title 40
and division C (except sections 3302, 3501(b), 3509,
3906, 4710, and 4711) of subtitle I of title 41]
chapter 5 of title 40 dispose of them;
Sec. 576(2)
Sec. 576. Acquisition approval authority
Nothing in this subchapter shall be construed as altering or
diminishing in any way the statutory authority and
responsibility of the Secretary of the department in which the
Coast Guard is operating, or the Secretary's designee, to--
* * *
(2) manage department acquisition activities and act
as the Acquisition Decision Authority with regard to
the review or approval of a Coast Guard Level 1 or
Level 2 acquisition project or program, as required by
[section 16 of the Office of Federal Procurement Policy
Act (41 U.S.C. 414)] section 1702 of title 41 and
related implementing regulations and directives.
Sec. 641(a)
Sec. 641. Disposal of certain material
(a) The Commandant subject to applicable regulations under
[subtitle I of title 40 and division C (except sections 3302,
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41]
chapter 5 of title 40 may dispose of, with or without charge,
to the Coast Guard Auxiliary, including any incorporated unit
thereof, to the sea-scout service of the Boy Scouts of America,
and to any public body or private organization not organized
for profit having an interest therein for historical or other
special reasons, such obsolete or other material as may not be
needed for the Coast Guard.
TITLE 15--COMMERCE AND TRADE
Sec. 205c (Metric Conversion Act of 1975, Sec. 4)
Sec. 4. As used in this Act, the term.--
* * *
(5) ``full and open competition'' has the same
meaning as defined in [section 403(6) of title 41,
United States Code] section 107 of title 41, United
States Code;
* * *
(8) ``cost or pricing data or price analysis'' [has
the meaning given such terms in section 304A of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 254b)] has the meaning given the term
``cost or pricing data'' in section 3501(a) of title
41, United States Code; and
Sec. 205f(4) (Metric Conversion Act of 1975, Sec. 7(4))
Sec. 7. In carrying out its duties under this Act, the Board
may.--
* * *
(4) enter into contracts, in accordance with the
[Federal Property and Administrative Services Act of
1949, as amended (40 U.S.C. 471 et seq.)] provisions
referred to in secion 171(b) and (c) of title 41,
United States Code, with Federal or State agencies,
private firms, institutions, and individuals for the
conduct of research or surveys, the preparation of
reports, and other activities necessary to the
discharge of its duties;
Sec. 205l(a) (Metric Conversion Act of 1975, Sec. 14(a))
SEC. 14. IMPLEMENTATION IN ACQUISITION OF CONSTRUCTIN SERVICES
AND MATERIALS FOR FEDERAL FACILITIES.
(a) In General.--Construction services and materials for
Federal facilities shall be procured in accordance with the
policies and procedures set forth in chapter 137 of title 10,
United States Code, section 2377 of title 10, United States
Code, [title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.)] the provisions
referred to in section 171(c) of title 41, United States Code,
and section 3(2) of this Act. Determination of a design method
shall be based upon preliminary market research as required
under section 2377(c) of title 10, United States Code, and
[section 314B(c) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 264b(c))] section 3307(d) of
title 41, United States Code. If the requirements of this Act
conflict with the provisions of section 2377 of title 10,
United States Code, or [section 314B of the Federal Property
and Administrative Services Act of 1949] subsections (b)
through (d) of section 3307 of title 41, United States Code,
then the provisions of [2377 or 314B] section 2377 or
subsections (b) through (d) of section 307 shall take
precedence.
Sec. 313 note (Act of June 16, 1948, Sec. 2)
Sec. 2. The Chief of the Weather Bureau is empowered to make
such expenditures at the seat of government and elsewhere as
may be necessary to carry out the purposes of this Act and as
from time to time may be appropriated for by Congress,
including expenditures for the development and purchase of
special meteorological instruments and other equipment
(including motor vehicles and aircraft), without regard to the
provisions of [section 3709 of the Revised Statutes] section
6101 of title 41, United States Code. There is hereby
authorized to be appropriated such sums as are necessary for
the purpose of carrying out the provisions of this Act.
Sec. 631 note (Small Business Reauthorization Act of 1997, Sec. 417(a))
SEC. 417. DEADLINES FOR ISSUANCE OF REGULATIONS.
(a) Proposed Regulations.--Proposed amendments to the Federal
Acquisition Regulation or proposed Small Business
Administration regulations under this subtitle and the
amendments made by this subtitle shall be published not later
than 120 days after the date of enactment of this Act for the
purpose of obtaining public comment pursuant to [section 22 of
the Office of Federal Procurement Policy Act (41 U.S.C. 418b)]
section 1707 of title 41, United States Code, or chapter 5 of
title 5, United States Code, as appropriate. The public shall
be afforded not less than 60 days to submit comments.
Sec. 632 (Small Business Act, Sec. 3)
Sec. 3. (a)(1) For the purposes of this Act, a small-business
concern, including but not limited to enterprises that are
engaged in the business of production of food and fiber,
ranching and raising of livestock, agriculture, and all other
farming and agricultural related industries, shall be deemed to
be one which is independently owned and operated and which is
not dominant in its field of operation: Provided, That
notwithstanding any other provision of law, an agricultural
enterprise shall be deemed to be a small business concern if it
(including its affiliates) has annual receipts not in excess of
$750,000.
* * *
(m) For purposes of this Act, the term ``simplified
acquisition threshold'' has the meaning given such term in
[section 4(11) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(11))] section 134 of title 41, United States
Code.
* * *
(v) Multiple Award Contract.--In this Act, the term
``multiple award contract'' means--
(1) a multiple award task order contract or delivery
order contract that is entered into under the authority
of [sections 303H through 303K of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 25h
through 253k)] sections 4101, 4103, 4105, and 4106 of
title 41, United States Code; and
Sec. 634 (Small Business Act, Sec. 5)
Sec. 5. (a) The Administration shall have power to adopt,
alter, and use a seal, which shall be judicially noticed. The
Administrator is authorized, subject to the civil service and
classification laws, to select, employ, appoint, and fix the
compensation of such officers, employees, attorneys, and agents
as shall be necessary to carry out the provisions of this
chapter; to define their authority and duties; and to pay the
costs of qualification of certain of them as notaries public.
The Administration, with the consent of any board, commission,
independent establishment, or executive department of the
Government, may avail itself on a reimbursable or
nonreimbursable basis of the use of information, services,
facilities (including any field service thereof), officers, and
employees thereof, in carrying out the provisions of this Act.
* * *
(b) In the performance of, and with respect to, the
functions, powers, and duties vested in him by this Act the
Administrator may--
* * *
(4) pursue to final collection, by way of compromise
or otherwise, all claims against third parties assigned
to the Administrator in connection with loans made by
him. This shall include authority to obtain deficiency
judgments or otherwise in the case of mortgages
assigned to the Administrator. [Section 3709 of the
Revised Statutes, as amended (41 U.S.C., sec. 5)]
Section 6101 of title 41, United States Code, shall not
be construed to apply to any contract of hazard
insurance or to any purchase or contract for services
or supplies on account of property obtained by the
Administrator as a result of loans made under this
chapter if the premium therefor or the amount thereof
does not exceed $1,000. The power to convey and to
execute in the name of the Administrator deeds of
conveyance, deeds of release, assignments and
satisfactions of mortgages, and any other written
instrument relating to real property or any interest
therein acquired by the Administrator pursuant to the
provisions of this Act may be exercised by the
Administrator or by any officer or agent appointed by
him without the execution of any express delegation of
power or power of attorney. Nothing in this section
shall be construed to prevent the Administrator from
delegating such power by order or by power of attorney,
in his discretion, to any officer or agent he may
appoint;
* * *
(c) To such extent as he finds necessary to carry out the
provisions of this Act, the Administrator is authorized to
procure the temporary (not in excess of one year) or
intermittent services of experts or consultants or
organizations thereof, including stenographic reporting
services, by contract or appointment, and in such cases such
services shall be without regard to the civil-service and
classification laws and, except in the case of stenographic
reporting services by organizations, without regard to [section
3709 of the Revised Statutes, as amended (41 U.S.C., sec. 5)]
section 6101 of title 41, United States Code. Any individual so
employed may be compensated at a rate not in excess of the
daily equivalent of the highest rate payable under section 5332
of title 5, including travel time, and, while such individual
is away from his or her home or regular place of business, he
or she may be allowed travel expenses (including per diem in
lieu of subsistence) as authorized by section 5703 of title 5.
Sec. 637 (Small Business Act, Sec. 8)
Sec. 8. (a)(1) It shall be the duty of the Administration and
it is hereby empowered, whenever it determines such action is
necessary or appropriate--
* * *
(d)(1) It is the policy of the United States that small
business concerns, small business concerns owned and controlled
by veterans, small business concerns owned and controlled by
service-disabled veterans, qualified HUBZone small business
concerns, small business concerns owned and controlled by
socially and economically disadvantaged individuals, and small
business concerns owned and controlled by women, shall have the
maximum practicable opportunity to participate in the
performance of contracts let by any Federal agency, including
contracts and subcontracts for subsystems, assemblies,
components, and related services for major systems. It is
further the policy of the United States that its prime
contractors establish procedures to ensure the timely payment
of amounts due pursuant to the terms of their subcontracts with
small business concerns, small business concerns owned and
controlled by veterans, small business concerns owned and
controlled by service-disabled veterans, qualified HUBZone
small business concerns, small business concerns owned and
controlled by socially and economically disadvantaged
individuals, and small business concerns owned and controlled
by women.
* * *
(4)(A) Each solicitation of an offer for a contract to be let
by a Federal agency which is to be awarded pursuant to the
negotiated method of procurement and which may exceed
$1,000,000, in the case of a contract for the construction of
any public facility, or $500,000, in the case of all other
contracts, shall contain a clause notifying potential offering
companies of the provisions of this subsection relating to
contracts awarded pursuant to the negotiated method of
procurement.
* * *
(F)(i) Each contract subject to the requirements of this
paragraph or paragraph (5) shall contain a clause for the
payment of liquidated damages upon a finding that a prime
contractor has failed to make a good faith effort to comply
with the requirements imposed on such contractor by this
subsection.
(ii) The contractor shall be afforded an opportunity to
demonstrate a good faith effort regarding compliance prior to
the contracting officer's final decision regarding the
imposition of damages and the amount thereof. The final
decision of a contracting officer regarding the contractor's
obligation to pay such damages, or the amounts thereof, shall
be subject to [the Contract Disputes Act of 1978 (41 U.S.C.
601-613)] chapter 71 of title 41, United States Code.
* * *
(12) Payment of Subcontractors.--
* * *
(E) Regulations.--Not later than 1 year after the
date of enactment of this paragraph, the Federal
Acquisition Regulatory Council established under
[section 25(a) of the Office of Federal Procurement
Policy Act (41 U.S.C. 421(a))] section 1302(a) of title
41, United States Code, shall amend the Federal
Acquisition Regulation issued under [section 25 of such
Act] section 1303(a) of title 41, United States Code,
to--
* * *
(e)(1) Except as provided in subsection (g) of this section--
* * *
(2)(A) A notice of solicitation required to be published
under paragraph (1) may be published--
(i) by electronic means that meet the accessibility
requirements under [section 18(a)(7) of the Office of
Federal Procurement Policy Act (41 U.S.C. 416(a)(7))]
section 1708(d) of title 41, United States Code; or
* * *
(g)(1) A notice is not required under subsection (e)(1) of
this section if--
* * *
(2) The requirements of subsection (a)(1)(A) of this section
do not apply to any procurement under conditions described in
paragraph (2), (3), (4), (5), or (7) of [section 303(c) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253(c))] section 3304(a) of title 41, United States
Code, or paragraph (2), (3), (4), (5), or (7) of section
2304(c) of title 10, United States Code.
* * *
(h)(1) An executive agency may not award a contract using
procedures other than competitive procedures unless--
(A) except as provided in paragraph (2), a written
justification for the use of such procedures has been
approved--
* * *
(iii) in the case of a contract for an amount
exceeding $10,000,000, by the senior
procurement executive of the agency designated
pursuant to [section 16(3) of the Office of
Federal Procurement Policy Act (41 U.S.C.
414(3))] section 1702(c)(1) and (2) of title
41, United States Code, (without further
delegation); and
(B) all other requirements applicable to the use of
such procedures under [title III of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 251 et seq.)] the provisions referred to in
section 171(c) of title 41, United States Code, or
chapter 137 of title 10, United States Code, as
appropriate, have been satisfied.
(2) The same exceptions as are provided in [section 303(f)(2)
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253(f)(2))] section 3304(e)(3) and (4) of title 41,
United States Code, or section 2304(f)(2) of title 10 shall
apply with respect to the requirements of paragraph (1)(A) of
this subsection in the same manner as such exceptions apply to
the requirements of [section 303(f)(1) of such Act or section
2304(f)(1) of such title] section 3304(e)(1) of title 41,
United States Code, or section 2304(f)(1) of title 10, United
States Code, as appropriate.
* * *
(j) For purposes of this section, the term ``executive
agency'' has the meaning provided such term in [section 4(1) of
the Office of Federal Procurement Policy Act (41 U.S.C.
403(1))] section 133 of title 41, United States Code.
* * *
(m) Procurement Program for Women-owned Small Business
Concerns.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Contracting officer.--The term
``contracting officer'' has the meaning given
such term in [section 27(f)(5) of the Office of
Federal Procurement Policy Act (41 U.S.C.
42(f)(5))] section 2101(1) of title 41, United
States Code.
Sec. 637 note (Small Business Jobs Act of 2010, Sec. 1321)
SEC. 1321. SUBCONTRACTING MISREPRESENTATIONS.
Not later than 1 year after the date of enactment of this
Act, the Administrator, in consultation with the Administrator
for Federal Procurement Policy, shall promulgate regulations
relating to, and the Federal Acquisition Regulatory Council
established under [section 25(a) of the Office of Federal
Procurement Policy Act (41 U.S.C. 421(a))] section 1302(a) of
title 41, United States Code, shall amend the Federal
Acquisition Regulation issued under [section 25 of such Act]
section 1303(a) of title 41, United States Code, to establish a
policy on, subcontracting compliance relating to small business
concerns, including assignment of compliance responsibilities
between contracting offices, small business offices, and
program offices and periodic oversight and review activities.
Sec. 637 note (Business Opportunity Development Reform Act of 1988,
Sec. 304(b))
SEC. 304. SUBCONTRACTING ASSISTANCE.
* * *
(b) Liquidated Damages Clause.--The contract clause required
by section 8(d)(4)(F) of the Small Business Act (as added by
subsection (a)) shall be made part of the Federal Acquisition
Regulation and promulgated pursuant to [section 22 of the
Office of Federal Procurement Policy Act (41 U.S.C. 418b)]
section 1707 of title 41, United States Code.
Sec. 638 (Small Business Act, Sec. 9)
Sec. 9. (a) Research and development are major factors in the
growth and progress of industry and the national economy. The
expense of carrying on research and development programs is
beyond the means of many small-business concerns, and such
concerns are handicapped in obtaining the benefits of research
and development programs conducted at Government expense. These
small-business concerns are thereby placed at a competitive
disadvantage. This weakens the competitive free enterprise
system and prevents the orderly development of the national
economy. It is the policy of the Congress that assistance be
given to small-business concerns to enable them to undertake
and to obtain the benefits of research and development in order
to maintain and strengthen the competitive free enterprise
system and the national economy.
* * *
(e) For the purpose of this section--
* * *
(8) the term ``research institution'' means a
nonprofit institution, as defined in section 4(5) of
the Stevenson-Wydler Technology Innovation Act of 1980,
and includes federally funded research and development
centers, as identified by the National Scientific
Foundation in accordance with the governmentwide
Federal Acquisition Regulation issued in accordance
with [section 35(c)(1) of the Office of Federal
Procurement Policy Act] section 1303(a)(1) of title 41,
United States Code (or any successor regulation
thereto);
* * *
(n) Required Expenditures for STTR by Federal Agencies.--
* * *
(2) Limitations.--A Federal agency shall not--
(A) use any of its STTR budget established
pursuant to paragraph (1) for the purpose of
funding administrative costs of the program,
including costs associated with salaries and
expenses, or, in the case of a small business
concern or a research institution, costs
associated with salaries, expenses, and
administrative overhead (other than those
direct or indirect costs allowable under
guidelines of the Office of Management and
Budget and the governmentwide Federal
Acquisition Regulation issued in accordance
with [section 25(c)(1) of the Office of Federal
Procurement Policy Act] section 1303(a)(1) of
title 41, United States Code); or
Sec. 644 (Small Business Act, Sec. 15)
Sec. 15. (a) To effectuate the purposes of this Act, small-
business concerns within the meaning of this Act shall receive
any award or contract or any part thereof, and be awarded any
contract for the sale of Government property, as to which it is
determined by the Administration and the contracting
procurement or disposal agency (1) to be in the interest of
maintaining or mobilizing the Nation's full productive
capacity, (2) to be in the interest of war or national defense
programs, (3) to be in the interest of assuring that a fair
proportion of the total purchases and contracts for property
and services for the Government in each industry category are
placed with small-business concerns, or (4) to be in the
interest of assuring that a fair proportion of the total sales
of Government property be made to small-business concerns; but
nothing contained in this Act shall be construed to change any
preferences or priorities established by law with respect to
the sale of electrical power or other property by the
Government or any agency thereof. These determinations may be
made for individual awards or contracts or for classes of
awards or contracts. If a proposed procurement includes in its
statement of work goods or services currently being performed
by a small business, and if the proposed procurement is in a
quantity or estimated dollar value the magnitude of which
renders small business prime contract participation unlikely,
or if a proposed procurement for construction seeks to package
or consolidate discrete construction projects, or the
solicitation involves an unnecessary or unjustified bundling of
contract requirements, as determined by the Administration, the
Procurement Activity shall provide a copy of the proposed
procurement to the Procurement Activity's Small Business
Procurement Center Representative at least 30 days prior to the
solicitation's issuance along with a statement explaining (1)
why the proposed acquisition cannot be divided into reasonably
small lots (not less than economic production runs) to permit
offers on quantities less than the total requirement, (2) why
delivery schedules cannot be established on a realistic basis
that will encourage small business participation to the extent
consistent with the actual requirements of the Government, (3)
why the proposed acquisition cannot be offered so as to make
small business participation likely, (4) why construction
cannot be procured as separate discrete projects, or (5) why
the agency has determined that the bundled contract (as defined
in section 632(o) of this title) is necessary and justified.
The thirty-day notification process shall occur concurrently
with other processing steps required prior to issuance of the
solicitation. Within 15 days after receipt of the proposed
procurement and accompanying statement, if the Procurement
Center Representative believes that the procurement as proposed
will render small business prime contract participation
unlikely, the Representative shall recommend to the Procurement
Activity alternative procurement methods which would increase
small business prime contracting opportunities. Whenever the
Administration and the contracting procurement agency fail to
agree, the matter shall be submitted for determination to the
Secretary or the head of the appropriate department or agency
by the Administrator. For purposes of clause (3) of the first
sentence of this subsection, an industry category is a discrete
group of similar goods and services. Such groups shall be
determined by the Administration in accordance with the
definition of a ``United States industry'' under the North
American Industry Classification System, as established by the
Office of Management and Budget, except that the Administration
shall limit such an industry category to a greater extent than
provided under such classification codes if the Administration
receives evidence indicating that further segmentation for
purposes of this paragraph is warranted due to special capital
equipment needs or special labor or geographic requirements or
to recognize a new industry. A market for goods or services may
not be segmented under the preceding sentence due to geographic
requirements unless the Government typically designates the
area where work for contracts for such goods or services is to
be performed and Government purchases comprise the major
portion of the entire domestic market for such goods or
services and, due to the fixed location of facilities, high
mobilization costs, or similar economic factors, it is
unreasonable to expect competition from business concerns
located outside of the general areas where such concerns are
located. A contract may not be awarded under this subsection if
the award of the contract would result in a cost to the
awarding agency which exceeds a fair market price.
* * *
(c)(1) As used in this subsection:
(A) The term ``Committee'' means the Committee for
Purchase From People Who Are Blind or Severely Disabled
established under [the first section of the Act
entitled ``An Act to create a Committee on Purchases of
Blind-made Products, and for other purposes'', approved
June 25, 1938 (41 U.S.C. 46)] section 8502 of title 41,
United States Code.
* * *
(2)(A) During fiscal year 1995, public or private
organizations for the handicapped shall be eligible to
participate in programs authorized under this section in an
aggregate amount not to exceed $40,000,000.
(B) None of the amounts authorized for participation by
subparagraph (A) may be placed on the procurement list
maintained by the Committee pursuant to [section 2 of the Act
entitled ``An Act to create a Committee on Purchases of Blind-
made Products, and for other purposes,'', approved June 25,
1938 (41 U.S.C. 47] section 8503 of title 41, United States
Code.
* * *
(q) Bundling Accountability Measures.--
* * *
(2) Policies on reduction of contract bundling.--
(A) In general.--Not later than 1 year after
the date of enactment of this subsection, the
Federal Acquisition Regulatory Council
established under [section 25(a) of the Office
of Federal Procurement Policy Act (41 U.S.C.
4219(a))] section 1302(a) of title 41, United
States Code, shall amend the Federal
Acquisition Regulation issued under [section 25
of such Act] section 1303(a) of title 41,
United States Code, to--
* * *
(r) Multiple Award Contracts.--Not later than 1 year after
the date of enactment of this subsection, the Administrator for
Federal Procurement Policy and the Administrator, in
consultation with the Administrator of General Services, shall,
by regulation, establish guidance under which Federal agencies
may, at their discretion--
* * *
(2) notwithstanding the fair opportunity requirements
under section 2304c(b) of title 10 and [section 303J(b)
of the Federal Proprety and Administrative Services Act
of 1949 (41 U.S.C. 253j(b))] section 4106(c) of title
41, United States Code, set aside orders placed against
multiple award contracts for small business concerns,
including the subcategories of small business concerns
identified in subsection (g)(2); and
Sec. 644 note (Federal Acquisition Streamlining Act of 1994, Sec. 2353)
SEC. 2353. EXPEDITED RESOLUTION OF CONTRACT ADMINISTRATION
MATTERS.
(a) Regulations Required.--(1) The Federal Acquisition
Regulation shall include provisions that require a contracting
officer--
* * *
(2) The provisions shall not apply to a request for a
contracting officer's decision under [the Contract Disputes Act
of 1978 (41 U.S.C. 601 et seq.)] chapter 71 of title 41, United
States Code.
(b) Rule of Construction.--Nothing in this section shall be
considered as creating any rights under [the Contract Disputes
Act of 1978 (41 U.S.C. 601 et seq.)] chapter 71 of title 41,
United States Code.
Sec. 644 note (Small Business Administration Reauthorization and
Amendment Act of 1988, Sec. 133(c))
SEC. 133. AMENDMENTS RELATING TO PROGRAMS FOR BLIND AND
HANDICAPPED.
* * *
(c) Task Force.--There is established within the Small
Business Administration a task force on purchases from the
blind and severely handicapped which shall consist of one
representative of the small business community appointed by the
Administrator of the Small Business Administration and one
individual knowledgeable in the affiars of or experienced in
the work of sheltered workshops appointed by the Executive
Director of the Committee for Purchase from the Blind and Other
Severely Handicapped established under the first section of the
Act entitled ``An Act to create a Committee on Purchases of
Blind-made Products, and for other purposes'', approved June
25, 1938 (41 U.S.C. 46)] section 8502 of title 41, United
States Code. The task force shall meet at least once every six
months for the purpose of reviewing the award of contracts
under section 15(c) of the Small Business Act [15 U.S.C.
644(c)] and recommending to the Small Business Administration
such administrative or statutory changes as it deems
appropriate.
Sec. 657a(b) (Small Business Act, Sec. 31(b))
SEC. 31. HUBZONE PROGRAM.
(a) In General.--There is established within the
Administration a program to be carried out by the Administrator
to provide for Federal contracting assistance to qualified
HUBZone small business concerns in accordance with this
section.
(b) Eligible Contracts.--
(1) Definitions.--In this subsection--
(A) the term ``contracting officer'' has the
meaning given that term in [section 27(f)(5) of
the Office of Federal Procurement Policy Act
(41 U.S.C. 423(f)(5))] section 2101(1) of title
41, United States Code; and
(B) the term ``full and open competition''
has the meaning given that term in [section 4
of the Office of Federal Procurement Policy Act
(41 U.S.C. 403] section 107 of title 41, United
States Code.
* * *
(4) Relationship to other contracting preferences.--A
procurement may not be made from a source on the basis
of a preference provided in paragraph (2) or (3), if
the procurement would otherwise be made from a
different source under section 4124 or 4125 of title
18, United States Code, or [the Javits-Wagner-O'Day Act
(41 U.S.C. 46 et seq.)] chapter 85 of title 41, United
States Code.
Sec. 657b note (Veterans Entrepreneurship and Small Business
Development Act of 1999, Sec. 604(d))
SEC. 604. DATA AND INFORMATION COLLECTION.
* * *
(d) Data Collection Required.--The Federal Procurement Data
System described in [section 6(d)(4)(A) of the Office of
Federal Procurement Policy Act (41 U.S.C. 405(d)(4)(A))]
section 1122(a)(4)(A) of title 41, United States Code, shall be
modified to collect data regarding the percentage and dollar
value of prime contracts and subcontracts awarded to small
business concerns owned and controlled by veterans and small
business concerns owned and controlled by service-disabled
veterans.
Sec. 657f (Small Business Act, Sec. 36)
SEC. 36. PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS OWNED
AND CONTROLLED BY SERVICES-DISABLED VETERANS.
* * *
(c) Relationship to Other Contracting Preferences.--A
procurement may not be made from a source on the basis of a
preference provided under subsection (a) or (b) of this section
if the procurement would otherwise be made from a different
source under section 4124 or 4125 of title 18, United States
Code, or [the Javits-Wagner-O'Day Act (41 U.S.C. 46 st seq.)]
chapter 85 of title 41, United States Code
* * *.
(e) Contracting Officer.--For purposes of this section, the
term ``contracting officer'' has the meaning given such term in
[section 27(f)(5) of the Office of Federal Procurement Policy
Act (41 U.S.C. 423(f)(5))] section 2101(1) of title 41, United
States Code.
Sec. 657q(a) (Small Business Act, Sec. 44(a))
SEC. 44. CONSOLIDATION OF CONTRACT REQUIREMENTS.
(a) Definitions.--In this section--
(1) the term ``Chief Acquisition Officer'' means the
employee of a Federal agency designated as the Chief
Acquisition Officer for the Federal agency under
[section 16(a) of the Office of Federal Procurement
Policy Act (41 U.S.C. 414(A))] section 1702(a) of title
41, United States Code;
* * *
(3) the term ``senior procurement executive'' means
an official designated under [section 16(c) of the
Office of Federal Procurement Policy Act (41 U.S.C.
414(c))] section 1702(c) of title 41, United States
Code as the senior procurement executive for a Federal
agency.
Sec. 714b(h) (Community Credit Corporation Charter Act, Sec. 4(h))
Sec. 4. General Powers.--The Corporation--
* * *
(h) May contract for the use, in accordance with the usual
customs of trade and commerce, of plants and facilities for the
physical handling, storage, processing, servicing, and
transportation of the agricultural commodities subject to its
control. The Corporation shall not have power to acquire real
property or any interest therein except that it may (a) rent or
lease office space necessary for the conduct of its business
and (b) acquire real property or any interest therein for the
purpose of providing storage adequate to carry out effectively
and efficiently any of the Corporation's programs, or of
securing or discharging obligations owing to the Corporation,
or of otherwise protecting the financial interests of the
Corporation: Provided, That the authority contained in this
subsection shall not be utilized by the Corporation for the
purpose of acquiring real property, or any interest therein, in
order to provide storage facilities for any commodity unless
the Corporation determines that existing privately owned
storage facilities for such commodity in the area concerned are
not adequate: Provided further, That no refrigerated cold
storage facilities shall be constructed or purchased except
with funds specifically provided by Congress for that purpose:
And provided further, That any contract entered into by the
Corporation for the use of a storage facility shall provide at
least that (1) the rental rate charged for an extended term in
excess of one year shall be at an annual rate less than that
which is charged for a one-year contract, (2) any obligation of
the Corporation to pay for the use of any space in a facility
shall be relieved to the extent that the Corporation does not
use the space and payment is made by another person for the use
of such space, and (3) if the Corporation determines that it no
longer needs the space reserved in the facility, the
Corporation may be relieved, for the remaining term of the
contract, of its obligations to an extent and in a manner that
will provide significant savings to the Corporation while
permitting the owner of the facility reasonable time to lease
such space to another person: And provided further, That
nothing contained in this subsection shall limit the duty of
the Corporation, to the maximum extent practicable consistent
with the fulfillment of the Corporation's purposes and the
effective and efficient conduct of its business, to utilize the
usual and customary channels, facilities, and arrangements of
trade and commerce in the warehousing of commodities: And
provided further, That to encourage the storage of grain on
farms, where it can be stored at the lowest cost, the
Corporation may make loans to grain growers needing storage
facilities when such growers shall apply to the Corporation for
financing the construction or purchase of suitable storage, and
these loans shall be deducted from the proceeds of price
support loans or purchase agreements made between the
Corporation and the growers, except that the Secretary shall
make such loans in areas in which the Secretary determines that
there is a deficiency of such storage. To encourage the
alleviation of natural resource conservation problems that
reduce the productive capacity of the Nation's land and water
resources or that cause degradation of environmental quality,
the Corporation may, beginning with enactment of the
Agriculture and Food Act of 1981, make loans to any
agricultural producer for those natural resource conservation
and environmental enhancement measures that are recommended by
the applicable county and State committees established under
section 8(b) of the Soil Conservation and Domestic Allotment
Act and are included in the producer's conservation plan
approved by the local soil and water conservation district;
such loans shall be for a period not to exceed ten years at a
rate of interest based upon the rate of interest charged the
Corporation by the United States Treasury; the Corporation may
make loans to any one producer in any fiscal year in an amount
not to exceed $25,000; loans up to $10,000 in amount may be
unsecured and loans in excess of $10,000 shall be secured; and
the total of such unsecured and secured loans made in each
fiscal year shall not exceed $200,000,000: Provided, That the
authority provided by this sentence to make loans shall be
effective only to the extent and in such amounts as may be
provided for in prior appropriation Acts. Notwithstanding any
other provision of law, the Commodity Credit Corporation shall,
to the maximum extent practicable, in consultation with the
Secretary of State, and upon terms and conditions prescribed or
approved by the Secretary of Agriculture, accept strategic and
critical materials produced abroad in exchange for agricultural
commodities acquired by the Corporation. Insofar as
practicable, in effecting such exchange of goods, the Secretary
shall: (1) use normal commercial trade channels; (2) take
action to avoid displacing usual marketings of United States
agricultural commodities and the products thereof; (3) take
reasonable precautions to prevent the resale or transshipment
to other countries, or use for other than domestic use in the
importing country, of agricultural commodities used for such
exchange; and (4) give priority to commodities easily storable
and those which serve as prime incentive goods to stimulate
production of critical and strategic materials. The Corporation
may solicit bids from, and utilize, private trading firms to
effect such exchange of goods. The determination of the
quantities and qualities of such materials which are desirable
for stock piling and the determination of which materials are
strategic and critical shall be made in the manner prescribed
by section 3 of the Strategic and Critical Materials Stock
Piling Act. Strategic and critical materials acquired by
Commodity Credit Corporation in exchange for agricultural
commodities shall, to the extent approved by the President, be
transferred to the stock pile provided for by the Strategic and
Critical Materials Stock Piling Act; and in the same fiscal
year such materials are transferred to the stock pile the
Commodity Credit Corporation shall be reimbursed for the
strategic and critical materials so transferred to the stock
pile from the funds made available for the purpose of the
Strategic and Critical Materials Stock Piling Act, in an amount
equal to the fair market value, as determined by the Secretary
of the Treasury, of the material transferred to the stock pile.
If the volume of petroleum products (including crude oil)
stored in the Strategic Petroleum Reserve is less than the
level prescribed under section 154 of the Energy Policy and
Conservation Act (42 U.S.C. 6234), the Corporation shall, to
the maximum extent practicable and with the approval of the
Secretary of Agriculture, make available annually to the
Secretary of Energy, upon the request of the Secretary of
Energy, a quantity of agricultural products owned by the
Corporation with a market value at the time of such request of
at least $300,000,000 for use by the Secretary of Energy in
acquiring petroleum products (including crude oil) produced
abroad for placement in the Strategic Petroleum Reserve through
an exchange of such agricultural products. The terms and
conditions of each such exchange, including provisions for full
reimbursement to the Commodity Credit Corporation, shall be
determined by the Secretary of Energy and the Secretary of
Agriculture. Nothing contained herein shall limit the authority
of the Commodity Credit Corporation to acquire, hold, or
dispose of such quantity of strategic and critical materials as
it deems advisable in carrying out its functions and protecting
its assets: Provided, That, notwithstanding any other provision
of law, where a grain storage facility owned by the Corporation
is not needed by the Corporation and, upon being offered for
sale no person offers to pay the minimum price set by the
Corporation for such facility for use in connection with
storage or handling of agricultural commodities, then the
Corporation may, without declaring such facility to be excess
property, sell it by bids at not less than such minimum price
to any public or private nonprofit agency or organization for
use for the purposes of such agency or organization. This
provision shall apply also to facilities which on the effective
date of this Act have been declared excess to the needs of the
Commodity Credit Corporation but have not been claimed by any
other Government agency, or surplus to the needs of the
Government but not disposed of pursuant to the provisions of
[the Federal Property and Administrative Services act of 1949,
as amended] chapter 5 of title 40, United States Code.
Sec. 714l (Community Credit Corporation Charter Act, Sec. 14)
Sec. 14. Interest of Members of the Congress.--The provisions
of [section 1 of the Act of February 27, 1877, as amended (41
U.S.C., 1940 edition, 22)] section 6306(a) of title 41, United
States Code, shall apply to all contracts or agreements of the
Corporation, except contracts or agreements of a kind which the
Corporation may enter into with farmers participating in a
program of the Corporation.
Sec. 2218(b)(1) (Federal Fire Prevention and Control Act of 1974,
Sec. 21(b)(1))
Sec. 21. (a) Each department, agency, and instrumentality of
the executive branch of the Federal Government and each
independent regulatory agency of the United States is
authorized and directed to furnish to the Administrator, upon
written request, on a reimbursable basis or otherwise, such
assistance as the Administrator deems necessary to carry out
his functions and duties pursuant to this Act, including, but
not limited to, transfer of personnel with their consent and
without prejudice to their position and ratings.
(b) Powers.--With respect to this Act, the Administrator is
authorized to--
(1) enter into, without regard to [section 3709 of
the Revised Statutes, as amended (41 U.S.C. 5)] section
6101 of title 41, United States Code, such contracts,
grants, leases, cooperative agreements, or other
transactions as may be necessary to carry out the
provisions of this Act;
Sec. 2507 (Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976, Sec. 8)
SEC. 8. CONTRACTS.
* * *
(c) Each contract under this section shall be entered into in
accordance with such rules as the Secretary of Energy may
prescribe in accordance with the provisions of this section.
Each application for funding shall be made in writing in such
form and with such content and other submissions as the
Secretary of Energy shall require. The Secretary of Energy may
enter into contracts under this section without regard to
[section 3709 of the Revised Statutes (41 U.S.C. 5)] section
6101 of title 41, United States Code.
* * *
(e) When contracting and otherwise using Federal funds to
conduct demonstrations under this chapter, the Secretary of
Energy shall seek cost-sharing with others to the maximum
extent practical. During the first 2 years of demonstration
activities the Secretary of Energy may enter into procurement
or lease contracts for purposes of carrying out demonstrations
under this chapter without regard to the provisions of [title
III of the Act of March 3, 1933 (47 Stat. 1520; 41 Stat. 10a-
10c)] chapter 83 of title 41, United States Code.
Sec. 2609 (Toxic Substances Control Act, Sec. 10)
SEC. 10. RESEARCH, DEVELOPMENT, COLLECTION, DISSEMINATION, AND
UTILIZATION OF DATA.
(a) Authority.-- The Administrator shall, in consultation and
cooperation with the Secretary of Health and Human Services and
with other heads of appropriate departments and agencies,
conduct such research, development, and monitoring as is
necessary to carry out the purposes of this chapter. The
Administrator may enter into contracts and may make grants for
research, development, and monitoring under this subsection.
Contracts may be entered into under this subsection without
regard to [sections 3648 and 3709 of the Revised Statutes (31
U.S.C. 529, 41 U.S.C. 5)] section 3324(a) and (b) of title 31,
United States Code, and section 6101 of title 41, United States
Code.
(b) Data Systems.--(1) The Administrator shall establish,
administer, and be responsible for the continuing activities of
an interagency committee which shall design, establish, and
coordinate an efficient and effective system, within the
Environmental Protection Agency, for the collection,
dissemination to other Federal departments and agencies, and
use of data submitted to the Administrator under this chapter.
(2)(A) The Administrator shall, in consultation and
cooperation with the Secretary of Health and Human Services and
other heads of appropriate departments and agencies design,
establish, and coordinate an efficient and effective system for
the retrieval of toxicological and other scientific data which
could be useful to the Administrator in carrying out the
purposes of this chapter. Systematized retrieval shall be
developed for use by all Federal and other departments and
agencies with responsibilities in the area of regulation or
study of chemical substances and mixtures and their effect on
health or the environment.
(B) The Administrator, in consultation and cooperation with
the Secretary of Health and Human Services, may make grants and
enter into contracts for the development of a data retrieval
system described in subparagraph (A). Contracts may be entered
into under this subparagraph without regard to [sections 3648
and 3709 of the Revised Statutes (31 U.S.C. 529, 41 U.S.C. 5)]
section 3324(a) and (b) of title 31, United States Code, and
section 6101 of title 41, United States Code.
Sec. 2626(b) (Toxic Substances Control Act, Sec. 27(b))
SEC. 27. DEVELOPMENT AND EVALUATION OF TEST METHODS.
* * *
(b) Approval by Secretary.--No grant may be made or contract
entered into under subsection (a) of this section unless an
application therefor has been submitted to and approved by the
Secretary. Such an application shall be submitted in such form
and manner and contain such information as the Secretary may
require. The Secretary may apply such conditions to grants and
contracts under subsection (a) of this section as the Secretary
determines are necessary to carry out the purposes of such
subsection. Contracts may be entered into under such subsection
without regard to [sections 3648 and 3709 of the Revised
Statutes (31 U.S.C. 529, 41 U.S.C. 5)] section 3324(a) and (b)
of title 31, United States Code, and section 6101 of title 41,
United States Code.
Sec. 5528 (High-Performance Computing Act of 1991, Sec. 208)
SEC. 208. FOSTERING UNITED STATES COMPETITIVENESS IN HIGH-
PERFORMANCE COMPUTING AND RELATED ACTIVITIES.
* * *
(b) Annual Report.--
(1) Report.--The Director shall submit an annual
report to Congress that identifies
* * *
(B) any procurement exceeding $1,000,000 by
any Federal agency or department under the
Program for--
(i) unmanufactured articles,
materials, or supplies mined or
produced outside the United States; or
(ii) manufactured articles,
materials, or supplies other than those
manufactured in the United States
substantially all from articles,
materials, or supplies mined, produced,
or manufactured in the United States,
under the meaning of [title III of the Act of
March 3, 1933 (41 U.S.C. 10a-10d; popularly
known as the Buy American Act)] chapter 83 of
title 41, United States Code.
* * *
(c) Application of [Buy American Act] Chapter 83 of Title 41,
United States Code.--This Act does not affect the applicability
of [title III of the Act of March 3, 1933 (41 U.S.C. 10a-10d;
popularly known as the Buy American Act), as amended by the Buy
American Act of 1988,] chapter 83 of title 41, United States
Code to procurements by Federal agencies and departments
undertaken as a part of the Program.
TITLE 16--CONSERVATION
Sec. 1a-2(g) (Public Law 91-383, Sec. 3(g))
Sec. 3. In order to facilitate the administration of the
national park system, the Secretary of the Interior is
authorized, under such terms and conditions as he may deem
advisable, to carry out the following activities:
* * *
(g) Sell at fair market value without regard to the
requirements of [the Federal Property and
Administrative Services Act of 1949, as amended,]
chapter 5 of title 40, United States Code products and
services produced in the conduct of living exhibits and
interpretive demonstrations in areas of the national
park system, to enter into contracts including
cooperative arrangements with respect to such living
exhibits and interpretive demonstrations, and to credit
the proceeds therefrom to the appropriation bearing the
cost of such exhibits and demonstrations. Sixty percent
of the fees paid by permittees for the privilege of
entering into Glacier Bay for the period beginning on
the first full fiscal year following November 12, 1996,
shall be deposited into a special account and that such
funds shall be available--
Sec. 17b (Act of May 26, 1930, Sec. 3)
Sec. 3. That the Secretary of the Interior is hereby
authorized to contract for services or other accommodations
provided in the national parks and national monuments for the
public under contract with the Department of the Interior, as
may be required in the administration of the National Park
Service, at rates approved by him for the furnishing of such
services or accommodations to the Government and without
compliance with the provisions of [section 3709 of the Revised
Statutes of the United States] section 6101 of title 41, United
States Code.
Sec. 17i (Act of May 26, 1930, Sec. 10)
Hereafter the National Park Service may hire, with or without
personal services, work animals and animal-drawn and motor-
propelled vehicles and equipment at rates to be approved by the
Secretary of the Interior and without compliance with the
provisions of [sections 3709 and 3744 of the Revised Statutes]
section 6101 of title 41, United States Code.
Sec. 79c (Public Law 90-545, Sec. 3)
Sec. 3. (a) The Secretary is authorized to acquire lands and
interests in land within the boundaries of the Redwood National
Park and, in addition thereto, not more than ten acres outside
of those boundaries for an administrative site or sites. Such
acquisition may be by donation, purchase with appropriated or
donated funds, exchange, or otherwise, but lands and interests
in land owned by the State of California may be acquired only
by donation which donation of lands or interest in lands may be
accepted in the discretion of the Secretary subject to such
preexisting reverters and other conditions as may appear in the
title to these lands held by the State of California, and such
other reverters and conditions as may be consistent with the
use and management of the donated lands as a portion of Redwood
National Park. Notwithstanding any other provision of law, the
Secretary may expend appropriated funds for the management of
and for the construction, design, and maintenance of permanent
improvements on such lands and interests in land as are donated
by the State of California in a manner not inconsistent with
such reverters and other conditions.
(b)(1) Effective on the date of enactment of this Act, there
is hereby vested in the United States all right, title, and
interest in, and the right to immediate possession of, all real
property within the park boundaries designated in maps NPS-RED-
7114-A and NPS-RED-7114-B and effective on March 27, 1978,
there is hereby vested in the United States all right, title,
and interest in, and the right to immediate possession of, all
real property within the area indicated as ``Proposed
Additions'' on the map entitled ``Additional Lands, Redwood
National Park, California,'' numbered 167-80005-D and dated
March 1978, and all right, title, and interest in, and the
right to immediate possession of the down tree personal
property (trees severed from the ground by man) severed prior
to January 1, 1975, or subsequent to January 31, 1978, within
the area indicated as ``Proposed Additions'' on the map
entitled ``Additional Lands, Redwood National Park,
California,'' numbered 167-80005-D and dated March 1978, except
real property owned by the State of California or a political
subdivision thereof and except as provided in paragraph (3) of
this subsection. The Secretary shall allow for the orderly
termination of all operations on real property acquired by the
United States under this subsection, and for the removal of
equipment, facilities, and personal property therefrom.
* * *
(2) The United States will pay just compensation to the owner
of any real property taken by paragraph (1) of this subsection.
Such compensation shall be paid either: (A) by the Secretary of
the Treasury from money appropriated from the Land and Water
Conservation Fund, including money appropriated to the Fund
pursuant to section 4(b) of the Land and Water Conservation
Fund Act of 1965, as amended, subject to the appropriation
limitation in section 10 of this Act, upon certification to him
by the Secretary of the agreed negotiated value of such
property, or the valuation of the property awarded by judgment,
including interest at the rate of 6 per centum per annum from
the date of taking the property to the date of payment
therefor; or (B) by the Secretary, if the owner of the land
concurs, with any federally owned property available to him for
purposes of exchange pursuant to the provisions of section 79e
of this title; or (C) by the Secretary using any combination of
such money or federally owned property. Any action against the
United States with regard to the provisions of this subchapter
and for the recovery of just compensation for the lands and
interests therein taken by the United States, and for the down
tree personal property taken, shall be brought in the United
States district court for the district where the land is
located without regard to the amount claimed. The United States
may initiate proceedings at any time seeking a determination of
just compensation in the district court in the manner provided
by sections 1358 and 1403 of title 28, United States Code, and
may deposit in the registry of the court the estimated just
compensation, or a part thereof, in accordance with the
procedure generally described by section 258aa of title 40,
United States Code. Interest shall not be allowed on such
amounts as shall have been paid into the court. In the event
that the Secretary determines that the fee simple title to any
property (real or personal) taken under this section is not
necessary for the purposes of this Act, he may, with particular
attention to minimizing the payment of severance damages and to
allow for the orderly removal of down timber, revest title to
such property subject to such reservations, terms, and
conditions, if any, as he deems appropriate to carry out the
purposes of this Act, and may compensate the former owner for
no more than the fair market value of the rights so reserved,
except that the Secretary may not revest title to any property
for which just compensation has been paid; or, the Secretary
may sell at fair market value without regard to the
requirements of [the Federal Property and Administrative
Services Act of 1949, as amended] chapter 5 of title 40, United
States Code, such down timber as in his judgment may be removed
without damage to the park, the proceeds from such sales being
credited to the Treasury of the United States. If the State of
California designates a right-of-way for a bypass highway
around the eastern boundary of Prairie Creek Redwood State Park
prior to October 1, 1984, the Secretary is authorized and
directed to acquire such lands or interests in lands as may be
necessary for such a highway and, subject to such conditions as
the Secretary may determine are necessary to assure the
adequate protection of Redwood National Park, shall thereupon
donate the designated right-of-way to the State of California
for a new bypass highway from a point south of Prairie Creek
Redwood State Park through the drainage of May Creek and Boyes
Creek to extend along the eastern boundary of Prairie Creek
Redwood State Park within Humboldt County. Such acreage as may
be necessary in the judgment of the Secretary for this
conveyance, and for a buffer thereof, shall be deemed to be a
publicly owned highway for purposes of section 101(a)(2) of
this amendment effective on the date of enactment of this
section.
* * *
(c) If any individual tract or parcel of land acquired is
partly inside and partly outside the boundaries of the park or
the administrative site the Secretary may, in order to minimize
the payment of severance damages, acquire the whole of the
tract or parcel and exchange that part of it which is outside
the boundaries for land or interests in land inside the
boundaries or for other land or interests in land acquired
pursuant to this Act, and dispose of so much thereof as is not
so utilized in accordance with the provisions of [the Federal
Proprety and Administrative Services Act of 1949 (63 Stat.
377)] chapter 5 of title 40. The cost of any land so acquired
and disposed of shall not be charged against the limitation on
authorized appropriations contained in section 10 of this Act.
Sec. 160b(a) (Public Law 91-661, Sec. 201(a))
Sec. 201. (a) The Secretary may acquire lands or interests
therein within the boundaries of the park by donation, purchase
with donated or appropriated funds, or exchange. When any tract
of land is only partly within such boundaries, the Secretary
may acquire all or any portion of the land outside of such
boundaries in order to minimize the payment of severance costs.
Land so acquired outside of the park boundaries may be
exchanged by the Secretary for non-Federal lands within the
park boundaries. Any portion of land acquired outside the park
boundaries and not utilized for exchange shall be reported to
the General Services Administration for disposal under [the
Federal Property and Administrative Services Act of 1949 (63
Stat. 77), as amended ] chapter 5 of title 40, United States
Code. Any Federal property located within the boundaries of the
park may be transferred without consideration to the
administrative jurisdiction of the Secretary for the purposes
of the park. Lands within the boundaries of the park owned by
the State of Minnesota, or any political subdivision thereof,
may be acquired only by donation.
Sec. 343b (Act of December 22, 1944, Sec. 2)
Sec. 2. The Secretary of the Interior, for and on behalf of
the United States of America, is authorized and directed to
accept the conveyance and transfer of such property without
regard to the provisions of [section 355, as amended, section
116, as amended and section 3709 of the Revised Statutes
(except the last paragraph of said section 355, as amended)]
sections 3111 and 3112 of title 40, United States Code, and
section 6101 of title 41, United States Code (except said
section 3112, which shall be applicable hereto), or any other
provision of law. The Secretary of the Interior is further
authorized and directed to pay all necessary fees, charges, and
expenses in connection with such conveyance and transfer.
Sec. 396f (Public Law 98-146, Sec. 317)
Sec. 317. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized and shall seek to
acquire the private lands described in section 505(a) of the
Act of November 10, 1978 (92 Stat. 3467), by crediting a
surplus property account, to be established in the name of each
landowner, in the amount of the acquisition price for such
landowner's lands. The National Park Service shall update the
existing appraisals for the parcels and, based on the approved
appraised values, shall negotiate with the landowners for
acquisition prices. Each owner may, using such credits in his
surplus property account, bid, as any other bidder for surplus
property, wherever located, in accordance with [the Federal
Property and Administrative Services Act of 1949] chapter 5
title 40, United States Code. The Administrator of the General
Services Administration shall establish each landowner's
surplus property account and shall adjust the credits in such
accounts to reflect successful bids under this section. Title
to the lands described in this section shall pass to the
Government at the time of establishment of the surplus property
accounts. The credits in any of the surplus property accounts
may be transferred or sold in whole or in part at any time by
the landowner to any other party, thereby vesting such party
with all the rights of the landowner, and after such transfer,
the landowner shall notify the Administrator of the transfer.
At any time the Secretary may purchase the balance of any
surplus property account subject to the availability of
appropriated funds. The land owner may also use the credits in
exchange for excess lands, wherever located, under the
jurisdiction of the Secretary of the Interior.
Sec. 396f note (Department of Defense Appropriations Act, 1990,
Sec. 9102(e))
Sec. 9102. Use of Accounts for Sale of Properties by
Agencies.--(a) Availability of Amounts in Accounts.--
* * *
(e) Property Defined.--Notwithstanding the definition of
``property'' found in [the Federal Property and Administrative
Services Act of 1949, as amended] section 102 of title 41,
United States Code, in this section the term ``property''
includes any property--real, personal (including intangible
assets sold or offered by the Federal Deposit Insurance
Corporation or the Resolution Trust Corporation, such as
financial instruments, notes, loans, and bonds), or mixed--
owned, held, or controlled by the United States (including that
in a corporate capacity or as a receiver or conservator, or
such other similar fiduciary relationship), and offered for
sale by any agency or instrumentality of the United States,
including but not limited to the General Services
Administration, Department of Defense, Department of the
Interior, Department of Agriculture, Department of Housing and
Urban Development, the United States Courts and any Government
corporation, agency or instrumentality subject to chapter 91 of
title 31, United States Code; real property as used in this
section means any land or interest in land or option to
purchase land, any improvements on such lands, or rights to
their use or exploitation.
Sec. 410r-6(d) (Everglades National Park Protection and Expansion Act
of 1989, Sec. 102(d))
SEC. 102. BOUNDARY MODIFICATION.
* * *
(d) Acquisition of Tracts Partially Outside Boundaries.--When
any tract of land is only partly within boundaries referred to
in subsection (a) of this section, the Secretary may acquire
all or any portion of the land outside of such boundaries in
order to minimize the payment of severance costs. Land so
acquired outside of the boundaries may be exchanged by the
Secretary for non-Federal lands within the boundaries, and any
land so acquired and not utilized for exchange shall be
reported to the General Services Administration for disposal
under [the Federal Property and Administrative Services Act of
1949, as amended] chapter 5 of title 40, United States Code.
Sec. 430a-2 (Public Law 89-62, Sec. 2)
Sec. 2. The Secretary of the Interior is authorized to
acquire lands and interests in lands within the revised
boundary by purchase, donation, with donated funds, or by
exchange, utilizing for such exchanges federally owned lands of
approximately equal value excluded from the park pursuant to
this Act. Federally owned lands so excluded which the Secretary
of the Interior determines are not needed for such exchanges
shall be disposed of in accordance with the provisions of [the
Federal Property and Administrative Services Act of 1949, as
amended] chapter 5 of title 40, United States Code.
Sec. 430h-7(c) (Public Law 101-422, Sec. 102(c))
SEC. 102. EXCLUSION OF LAND FROM PARK.
* * *
(c) Excess Property.--Any lands not conveyed pursuant to
subsection (b) of this section shall be reported to the
Administrator of General Services as excess to the needs of the
Department of the Interior and shall be subject to transfer or
disposition in accordance with [the Federal Property and
Administrative Services Act of 1949, as amended] chapter 5 of
title 40, United States Code.
Sec. 441l (Public Law 90-468, Sec. 3, subpar. (D) of introductory
provisions)
Sec. 3. Inasmuch as (A) most of the lands added to the
Badlands National Park by section 1 of this Act are inside the
boundaries of the Pine Ridge Sioux Indian Reservation, (B) such
lands are also within a tract of land forty-three miles long
and twelve and one-half miles wide which is in the north-
western part of such Indian reservation and has been used by
the United States Air Force as a gunnery range since the early
part of World War II, (C) the tribal lands within such gunnery
range were leased by the Federal Government and the other lands
within such gunnery range were purchased by the Federal
Government from the individual owners (mostly Indians), (D) the
Department of the Air Force has declared most of such gunnery
range lands excess to its needs and such excess lands have been
requested by the National Park Service under [the Federal
Property and Administrative Services Act of 1949] chapter 5 of
title 40, United States Code, (E) the leased tribal lands and
the excess lands within the enlarged Badlands National Park are
needed for the park, (F) the other excess lands in such gunnery
range should be restored to the former Indian owners of such
lands, and (G) the tribe is unwilling to sell its tribal lands
for inclusion in the national park, but is willing to exchange
them or interests therein for the excess gunnery range lands,
which, insofar as the lands within the gunnery range formerly
held by the tribe are concerned, should be returned to Indian
ownership in any event, the Congress hereby finds that such
exchange would be in the national interest and authorizes the
following actions:
Sec. 450jj-1(a) (Act of May 17, 1954, Sec. 2(a))
Sec. 2. (a) The memorial authorized herein shall be
constructed in general, in accordance with the plan approved by
the United States Territorial Expansion Memorial Commission on
May 25, 1948. The Secretary of the Interior is authorized to
enter into such contracts as may be necessary to carry out the
purposes of this Act. The Secretary is also authorized to
employ, in his discretion, by contract or otherwise, landscape
architects, architects, engineers, sculptors, artists, other
expert consultants, or firms, partnerships, or associations
thereof, and to include in any such contract provision for the
utilization of the services and facilities, and the payment of
the travel and other expenses, of their respective
organizations, in accordance with the usual customs of the
several professions and at the prevailing rates for such
services and facilities, without regard to the civil-service
laws or regulations, the Classification Act of 1929, [section
3709 of the Revised Statutes, as amended] section 6101 of title
41, United States Code, or any other law or regulation relating
to either employment or compensation.
Sec. 459a-4 note (Public Law 87-313)
That the tract of Federal property comprising eight and one-
tenth acres of land situated in Dare County, North Carolina,
approximately two miles north of Kitty Hawk, which was
transferred to the administrative jurisdiction of the
Department of the Interior by the Act of June 3, 1948 (62 Stat.
301; 16 U.S.C. 459a), to be administered as a part of the Cape
Hatteras National Seashore Recreational Area, may be disposed
of by the Administrator of General Services in accordance with
the provisions of [the Federal Property and Administrative
Services Act of 1949, as amended] chapter 5 of title 40, United
States Code.
Sec. 460l-5(a) (Land and Water Conservation Fund Act of 1965,
Sec. 2(a))
Sec. 2. Separate Fund.--During the period ending September
30, 2015, there shall be covered into the land and water
conservation fund in the Treasury of the United States, which
fund is hereby established and is hereinafter referred to as
the ``fund'', the following revenues and collections:
(a) Surplus Property Sales.--All proceeds (except so much
thereof as may be otherwise obligated, credited, or paid under
authority of those provisions of law set forth in section
485(b) (e), title 40, United States Code, or the Independent
Offices Appropriation Act, 1963 (76 Stat. 725) or in any later
appropriation Act) hereafter received from any disposal of
surplus real property and related personal property under [the
Federal Property and Administrative Services Act of 1949, as
amended] chapter 5 of title 40, United States Code,
notwithstanding any provision of law that such proceeds shall
be credited to miscellaneous receipts of the Treasury. Nothing
in this part shall affect existing laws or regulations
concerning disposal of real or personal surplus property to
schools, hospitals, and States and their political
subdivisions.
Sec. 460m-9(a) (Public Law 92-237, Sec. 2(a))
Sec. 2. (a) Within the boundaries of the Buffalo National
River, the Secretary may acquire lands and waters or interests
therein by donation, purchase or exchange, except that lands
owned by the State of Arkansas or a political subdivision
thereof may be acquired only by donation: Provided, That the
Secretary may, with funds appropriated for development of the
area, reimburse such State for its share of the cost of
facilities developed on State park lands if such facilities
were developed in a manner approved by the Secretary and if the
development of such facilities commenced subsequent to the
enactment of this Act: Provided further, That such
reimbursement shall not exceed a total of $375,000. When an
individual tract of land is only partly within the boundaries
of the national river, the Secretary may acquire all of the
tract by any of the above methods in order to avoid the payment
of severance costs. Land so acquired outside of the boundaries
of the national river may be exchanged by the Secretary for
non-Federal lands within the national river boundaries, and any
portion of the land not utilized for such exchanges may be
disposed of in accordance with the provisions of [the Federal
Property and Administrative Services Act of 1949 (63 Stat. 377;
40 U.S.C. 471 et seq.), as amended] chapter 5 of title 40,
United States Code. With the concurrence of the agency having
custody thereof, any Federal property within the boundaries of
the national river may be transferred without consideration to
the administrative jurisdiction of the Secretary for
administration as part of the national river.
Sec. 460x-7(a) (Public Law 91-479, Sec. 8(a))
Sec. 8. (a) The Secretary is authorized to acquire by
donation, purchase with donated or appropriated funds, transfer
funds, transfer from any Federal agency, or exchange lands and
interests therein for the purposes of this Act. When an
individual tract of land is only partly within the area
designated, the Secretary may acquire the entire tract by any
of the above methods to avoid the payment of severance costs.
Land so acquired outside the designated area may be exchanged
by the Secretary for non-Federal lands within such area, and
any portion of the land not utilized for such exchanges may be
disposed of in accordance with the provisions of [the Federal
Property and Administrative Services Act of 1949 (63 Stat.
377), as amended (40 U.S.C. 471 et seq.)] chapter 5 of title
40, United States Code.
Sec. 460bb-2(a) (Public Law 92-589, Sec. 3(a))
Sec. 3. (a) Within the boundaries of the recreation area, the
Secretary may acquire lands, improvements, waters, or interests
therein, by donation, purchase, exchange or transfer. Any
lands, or interests therein, owned by the State of California
or any political subdivision thereof, may be acquired only by
donation. When any tract of land is only partly within such
boundaries, the Secretary may acquire all or any portion of the
land outside of such boundaries in order to minimize the
payment of severance costs. Land so acquired outside of the
boundaries may be exchanged by the Secretary for non-Federal
lands within the boundaries. Any portion of land acquired
outside the boundaries and not utilized for exchange shall be
reported to the General Services Administration for disposal
under [the Federal Property and Administrative Services Act of
1949 (63 Stat. 377), as amended] chapter 5 of title 40, United
States Code: Provided, That no disposal shall be for less than
fair market value. Except as hereinafter provided, Federal
property within the boundaries of the recreation area is hereby
transferred without consideration to the administrative
jurisdiction of the Secretary for the purposes of this Act,
subject to the continuation of such existing uses as may be
agreed upon between the Secretary and the head of the agency
formerly having jurisdiction over the property. Notwithstanding
any other provision of law, the Secretary may develop and
administer for the purposes of this Act structures or other
improvements and facilities on lands for which he receives a
permit of use and occupancy from the Secretary of the Army.
Sec. 460ee(c)(1) (Water Resources Development Act of 1974,
Sec. 108(c)(1))
Sec. 108. (a) As used in this section the term ``Secretary''
shall mean the Secretary of the Army, acting through the Chief
of Engineers. The Secretary, in accordance with the national
recreation area concept included in the interagency report
prepared pursuant to section 218 of the Flood Control Act of
1968 (Public Law 90-483) by the Corps of Engineers, the
Department of the Interior, and the Department of Agriculture,
as modified by this section, is authorized and directed to
establish on the Big South Fork of the Cumberland River in
Kentucky and Tennessee the Big South Fork National River and
Recreation Area (hereafter in this section referred to as the
``National Area'') for the purposes of conserving and
interpreting an area containing unique cultural, historic,
geologic, fish and wildlife, archeologic, scenic, and
recreational values, preserving as a natural, free-flowing
stream the Big South Fork of the Cumberland River, major
portions of its Clear Fork and New River stems, and portions of
their various tributaries for the benefit and enjoyment of
present and future generations, the preservation of the natural
integrity of the scenic gorges and valleys, and the development
of the area's potential for healthful outdoor recreation. The
boundaries shall be as generally depicted on the drawing
prepared by the Corps of Engineers and entitled ``Big South
Fork National River and Recreation Area'' identified as map
number BSF-NRRA(1)(A) and dated October 1972, which shall be on
file and available for public inspection in the office of the
District Engineer, U.S. Army Engineer District, Nashville,
Tennessee. The Secretary may acquire sites at locations outside
such boundaries, as he determines necessary, for administrative
and visitor orientation facilities. The Secretary may also
acquire a site outside such boundaries at or near the location
of the historic Tabard Inn in Ruby, Tennessee, including such
lands as he deems necessary, for the establishment of a lodge
with recreational facilities as provided in subsection (e)(3)
of this section.
* * *
(c)(1) Within the boundaries of the National Area, the
Secretary may acquire lands and waters or interests therein by
donation, purchase with donated or appropriated funds, or
exchange or otherwise, except that lands (other than roads and
rights-of-way for roads) owned by the States of Kentucky and
Tennessee or any political subdivisions thereof which were in
public ownership at the time of enactment of this section may
be acquired only by donation. When an individual tract of land
is only partly within the boundaries of the National Area, the
Secretary may acquire all of the tract by any of the above
methods in order to avoid the payment of severance costs. Land
so acquired outside of the boundaries of the National Area may
be exchanged by the Secretary for non-Federal lands within the
National Area boundaries, and any portion of the land not
utilized for such exchanges may be disposed of in accordance
with the provisions of [the Federal Property and Administrative
Services Act of 1949 (63 Stat. 377; 40 U.S.C. 471 et seq.)]
chapter 5 of title 40, United States Code. Notwithstanding any
other provision of law, any Federal property within the
boundaries of the National Area shall be transferred without
consideration to the administrative jurisdiction of the
Secretary for the purposes of this section.
Sec. 460ff-1(d) (Public Law 93-555, Sec. 2(d))
Sec. 2. (a) The park shall comprise the lands and waters
generally depicted on the map entitled ``Boundary Map, Cuyahoga
Valley National Park, Ohio'', numbered 644-80,054 and dated
July 1986, which shall be on file and available for inspection
in the offices of the National Park Service, Department of the
Interior, Washington, District of Columbia, and in the main
public library of Akron, Ohio, and Cleveland, Ohio. After
advising the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives, in writing, the Secretary may make minor
revisions of the boundaries of the park when necessary by
publication of a revised drawing or other boundary description
in the Federal Register: Provided, That with respect to the
property known as the Hydraulic Brick Company located in
Independence, Ohio, the Secretary shall have the first right of
refusal to purchase such property for a purchase price not
exceeding the fair market value of such property on the date it
is offered for sale. When acquired such property shall be
administered as part of the park, subject to the laws and
regulations applicable thereto. The park shall also comprise
any lands designated as ``City of Akron Lands'' on the map
referred to in the first sentence which are offered as
donations to the Department of the Interior or which become
privately owned. The Secretary shall revise such map to depict
such lands as part of the park.
* * *
(d) When any tract of land is only partly within the
boundaries of the park, the Secretary may acquire all or any
portion of the land outside of such boundaries in order to
minimize the payment of severance costs. Land so acquired
outside of the boundaries may be exchanged by the Secretary for
non-Federal lands within the boundaries. Any portion of the
land acquired outside the boundaries and not utilized for
exchange shall be reported to the General Services
Administration for disposal under [the Federal Property and
Administrative Services Act of 1949, as amended] chapter 5 of
title 40, United States Code: Provided, That no disposal shall
be for less than the fair market value of the lands involved.
Sec. 460hh-1(a) (Public Law 94-235, Sec. 2(a))
Sec. 2 (a) The Secretary may acquire land or interests in
lands within the boundaries of the recreation area by donation,
purchase with donated or appropriated funds, or exchange. When
any tract of land is only partly within such boundaries, the
Secretary may acquire all or any portion of the land outside of
such boundaries in order to minimize the payment of severance
costs. Land so acquired outside of the boundaries may be
exchanged by the Secretary for non-Federal lands within the
boundaries, and any land so acquired and not utilized for
exchange shall be reported to the General Services
Administration for disposal under [the Federal Property and
Administrative Services Act of 1949 (63 Stat. 377), as amended]
chapter 5 of title 40, United States Code. Any Federal property
located within the boundaries of the recreation area may be
transferred without consideration to the administrative
jurisdiction of the Secretary for the purposes of the
recreation area. Lands within the boundaries of the recreation
area owned by the State of Oklahoma, or any political
subdivision thereof, may be acquired only by donation:
Provided, That the Secretary may also acquire lands by exchange
with the city of Sulphur, utilizing therefor only such lands as
may be excluded from the recreation area which were formerly
within the Platt National Park.
Sec. 460ii-1(b) (Public Law 95-344, Sec. 102(b))
Sec. 102. (a) Within the recreation area the Secretary is
authorized to acquire lands, waters, and interests therein by
donation, purchase from willing sellers with donated or
appropriated funds, or exchange. Property owned by the State of
Georgia or any political subdivision thereof may be acquired
only by donation.
(b) When a tract of land lies partly within and partly
without the boundaries of the recreation area, the Secretary
may acquire the entire tract by any of the above methods in
order to avoid the payment of severance costs. Land so acquired
outside of the boundaries of the recreation area may be
exchanged by the Secretary for non-Federal land within such
boundaries, and any portion of the land not utilized for such
exchanges may be disposed of in accordance with the provisions
of [the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.)] chapter 5 of title 40, United
States Code.
Sec. 460lll-45(d)(1)(B) (The Land Between the Lakes Protection Act of
1998, Sec. 545(d)(1)(B))
SEC. 545. TRANSFER OF PERSONAL PROPERTY.
(d) Surplus Property.--
(1) Disposition.--Any personal property, including
structures and facilities, that the Secretary
determines cannot be efficiently managed and maintained
either by the Forest Service or by lease or permit to
other persons may be declared excess by the Secretary
and--
* * *
(B) disposed of under [the Federal Property
and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.)] chapter 5 of title 40,
United States Code.
Sec. 504 (Act of June 30, 1914, proviso relating to open purchase,
without advertising, of seeds, cones, and nursery
stock)
That the provisions of [section 3709, Revised Statutes (41
U.S.C. 5)] section 6101 of title 41, United States Code, shall
not apply to any purchase by the Forest Service of forest-tree
seed or cones or of forage plant seed when the amount involved
does not exceed $10,000, nor to any purchase of forest-tree
nursery stock when the amount involved does not exceed $500,
whenever, in the discretion of the Secretary of Agriculture,
such method is in the public interest.
Sec. 505a (Act of July 26, 1956, first section)
The Secretary of Agriculture with respect to National Forest
System lands and the Secretary of a military department with
respect to lands under the control of the military department
which lie within or adjacent to the exterior boundaries of a
unit of the National Forest System are authorized, subject to
any applicable provisions of [the Federal Property and
Administrative Services Act of 1949, as amended] chapter 5 of
title 40, United States Code, to interchange such lands, or any
part thereof, without reimbursement or transfer of funds
whenever they shall determine that such interchange will
facilitate land management and will provide maximum use thereof
for authorized purposes: Provided, That no such interchange of
lands shall become effective until forty-five days (counting
only days occurring during any regular or special session of
the Congress) after the submission to the Congress by the
respective Secretaries of notice of intention to make the
interchange.
Sec. 580c (Act of April 24, 1950, Sec. 3)
Sec. 3. The provisions of [section 3709, Revised Statutes (41
U.S.C. 5)] section 6101 of title 41, United States Code, shall
not apply to purchases by the Forest Service of (1) materials
to be tested or upon which experiments are to be made or (2)
special devices, test models, or parts thereof, to be used (a)
for experimentation to determine their suitability for or
adaptability to accomplishment of the work for which designed
or (b) in the designing or developing of new equipment:
Provided, That not to exceed $50,000 may be expended in any one
fiscal year pursuant to this authority and not to exceed
$10,000 on any one item or purchase.
Sec. 590q-1 (Department of Agriculture Organic Act of 1944,
Sec. 302(b))
Sec. 302. (a) Section 6 of the Soil Conservation and Domestic
Allotment Act, as amended (16 U.S.C. 590f), is amended by
adding at the end thereof a new paragraph, to read as follows:
* * *
(b) The Soil Conservation Service subject to applicable
regulations under [the Federal Property and Administrative
Services Act of 1949, as amended] chapter 5 of title 40, United
States Code, may sell and distribute supplies, materials, and
equipment to other Government activities, the cost of such
supplies and materials or the value of such equipment
(including the cost of transportation and handling) to be
reimbursed to appropriations current at the time additional
supplies, materials, or equipment are procured from the
appropriations chargeable with the cost or value of such
supplies, materials, or equipment.
Sec. 590z-3(c) (Act of August 11, 1939, Sec. 5(c))
Sec. 5. (a) In connection with the construction or operation
and maintenance of projects undertaken pursuant to the
authority of this Act, and in order to further in the Great
Plains and arid and semiarid areas of the United States an
effective rehabilitation program, stabilization of the
agricultural economy and maximum utilization of funds spent for
relief purposes, the Secretary of Agriculture is authorized,
pursuant to cooperative agreement with the Secretary of the
Interior, (1) to arrange for the settlement of the projects on
a sound agricultural basis, and insofar as practicable, the
location thereon of persons in need; (2) to extend guidance and
advice to settlers thereon in matters of farm practice, soil
conservation, and efficient land use; (3) to acquire
agricultural lands within the boundaries of such projects, with
titles and at prices satisfactory to him; and (4) to arrange
for the improvement of lands within the project boundaries,
including clearing, leveling, and preparing them for
distribution of irrigation water. Contracts between the United
States and water users or water users' organizations for the
lease or purchase of, or the improvement of, lands within such
projects shall provide for annual or semiannual payments to the
United States, of the number and amounts fixed by the Secretary
of Agriculture. The lease, purchase, or improvement contracts
for each tract of land shall provide in the aggregate for the
return, in not to exceed fifty years from the date the land is
first settled upon, of the costs incurred by the United States
in acquiring and improving such tract of land with funds
appropriated under authority of section 12 (2), except
administrative expenses incurred in the District of Columbia,
together with interest on unpaid balances of said costs at not
less than 3 per centum per annum. Such lease, purchase, or
improvement contracts shall also provide for the fulfillment of
such obligations related to reimbursable construction costs and
operation and maintenance charges as may be applicable to such
lands in accordance with the repayment contract or contracts
required by section 4.
* * *
(c) Where the aggregate amount involved does not exceed $300,
the provisions of [section 3709 of the Revised Statutes (41
U.S.C. 5) section 6101 of title 41, United States Code, shall
not apply to any purchase or service authorized for the
Department of Agriculture under this Act or under the 1940
water conservation appropriation.
Sec. 669h(d)(2)(A) (Pittman-Robertson Wildlife Restoration Act,
Sec. 9(d)(2)(A))
SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS
FOR EXPENSES FOR ADMINISTRATION.
* * *
(d) Audit Requirement.--
* * *
(2) Auditor.--
(A) In general.--An audit under this
subsection shall be performed under a contract
that is awarded under competitive procedures
(as defined in [section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403)]
section 132 of title 41, United States Code) by
a person or entity that is not associated in
any way with the Department of the Interior
(except by way of a contract for the
performance of an audit or other review).
Sec. 670o(d) (Sikes Act, Sec. 208(d))
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
(a) Functions and Responsibilities of Secretary of the
Interior.--There are authorized to be appropriated $4,000,000
for each of fiscal years 1998 through 2003, to enable the
Secretary of the Interior to carry out his functions and
responsibilities under this title, including data collection,
research, planning, and conservation and rehabilitation
programs on public lands. Such funds shall be in addition to
those authorized for wildlife, range, soil, and water
management pursuant to section 318 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1748), or other
provisions of law.
* * *
(d) Contract Authority.--The Secretary of the Interior and
the Secretary of Agriculture may each make purchases and
contracts for property and services from, or provide assistance
to, the State agencies concerned, if such property, services or
assistance is required to implement those projects and programs
carried out on, or of benefit to, Federal lands and identified
in the comprehensive plans or cooperative agreements developed
under section 670h of this title without regard to [title III
(other than section 304) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251-260)] the
provisions referred to in section 171(c) (except sections 3901
and 3905) of title 41, United States Code. Contract authority
provided in this section is effective only to such extent or in
such amounts as are provided in appropriation Acts.
Sec. 757 (Act of May 11, 1938, Sec. 3)
In carrying out the authorizations and duties imposed by
section 2 of this Act, the Secretary of Commerce is authorized
to utilize the facilities and services of the agencies of the
States of Oregon, Washington, and Idaho responsible for the
conservation of the fish and wildlife resources in such States,
under the terms of agreements entered into between the United
States and these States, without regard to the provisions of
[section 3709 of the Revised Statutues] section 6101 of title
41, United States Code, and funds appropriated to carry out the
purposes of this Act may be expended for the construction of
facilities on and the improvement of lands not owned or
controlled by the United States: Provided, That the appropriate
agency of the State wherein such construction or improvement is
to be carried on first shall have obtained without cost to the
United States the necessary title to, interest therein, rights-
of-way over, or licenses covering the use of such lands.
Sec. 777h(d)(2)(A) Dingell-Johnson Sport Fish Restoration Act,
Sec. 9(d)(2)(A))
SEC. 9. REQUIRMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS
FOR EXPENSES FOR ADMINISTRATION.
(a) Authorized Expenses for Administration.--Except as
provided in subsection (b), the Secretary of the Interior may
use available amounts under section 4(b) of this title only for
expenses for administration that directly support the
implementation of this Act that consist of--
* * *
(d) Audit Requirement.-
* * *
(2) Auditor.--
(A) In general.-An audit under this
subsection shall be performed under a contract
that is awarded under competitive procedures
(as defined in [section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403)]
section 132 of title 41, United States Code) by
a person or entity that is not associated in
any way with the Department of the Interior
(except by way of a contract for the
performance of an audit or other review).
Sec. 793 (Federal Power Act, Sec. 2)
Sec. 2. The commission shall have authority to appoint,
prescribe the duties, and fix the salaries of, a secretary, a
chief engineer, a general counsel, a solicitor, and a chief
accountant; and may, subject to the civil service laws, appoint
such other officers and employees as are necessary in the
execution of its functions and fix their salaries in accordance
with the Classification Act of 1949, as amended. The commission
may request the President to detail an officer or officers from
the Corps of Engineers, or other branches of the United States
Army, to serve the commission as engineer officer or officers,
or in any other capacity, in field work outside the seat of
government, their duties to be prescribed by the commission;
and such detail is authorized. The President may also, at the
request of the commission, detail, assign, or transfer to the
commission, engineers in or under the Departments of the
Interior or Agriculture for field work outside the seat of
government under the direction of the commission.
The commission may make such expenditures (including
expenditures for rent and personal services at the seat of
government and elsewhere, for law books, periodicals, and books
of reference, and for printing and binding) as are necessary to
execute its functions. Expenditures by the commission shall be
allowed and paid upon the presentation of itemized vouchers
therefor, approved by the chairman of the commission or by such
other member or officer as may be authorized by the commission
for that purpose subject to applicable regulations under the
[Federal Property and Administrative Services Act of 1949, as
amended] provisons referred to in section 171(b) and (c) of
title 41, United States Code.
Sec. 916l (Whaling Convenstion of 1949, Sec. 14)
Sec. 14. There is hereby authorized to be appropriated from
time to time, out of any moneys in the Treasury not otherwise
appropriated, such sums as may be necessary to carry out the
provisions of the convention and of this subchapter, including
(1) contributions to the Commission for the United States share
of any joint expenses of the Commission agreed by the United
States and any of the other contracting governments, and (2)
the expenses of the United States Commissioner and his staff,
including (a) personal services in the District of Columbia and
elsewhere, without regard to the Classification Act of 1923, as
amended; (b) travel expenses without regard to the Travel
Expense Act of 1949 and section 10 of the Act of March 3, 1933
(U.S.C., title 5, sec. 73(b); (c) transportation of things,
communication services; (d) rent of offices; (e) printing and
binding without regard to [section 11 of the Act of March 1,
1919 (U.S.C., title 44, sec. 111), and section 3709 of the
Revised Statutes (U.S.C., title 41, sec. 5)] section 501 of
title 44, United States Code, and section 6101 of title 41,
United States Code; (f) stenographic and other services by
contract, if deemed necessary, without regard to [section 3709
of the Revised Statutes (U.S.C., title 41, sec. 5)] section
6101 of title 41, United States Code; (g) supplies and
materials; (h) equipment; (i) purchase, hire, operation,
maintenance, and repair of aircraft, motor vehicles (including
passenger-carrying vehicles), boats, and research vessels.
Sec. 961 (Tuna Conventions Act of 1950, Sec. 12)
Sec. 12. There is hereby authorized to be appropriated from
time to time, out of any moneys in the Treasury not otherwise
appropriated, such sums as may be necessary to carry out the
provisions of each convention and of this Act, including--
* * *
(c) printing and binding without regard to [section
11 of the Act of March 1, 1919 (U.S.C., title 44, sec.
111), or section 3709 of the Revised Statutes (U.S.C.,
title 41, sec. 5) section 501 of title 44, United
States Code, or section 6101 of title 41, United States
Code;
(d) stenographic and other services by contract, if
deemed necessary, without regard to [section 3709 of
the Revised Statutes (U.S.C., title 41, sec. 5)]
section 6101 of title 41, United States Code; and
Sec. 1052(b)(1) (Public Law 87-758, Sec. 2(b)(1))
Sec. 2. (a) The Secretary of the Interior (hereinafter
referred to as the ``Secretary'') shall operate the National
Fisheries Center and Aquarium.
(b) The Secretary is further authorized to--
(1) construct, purchase or lease, and operate and
maintain vessels for specimen collecting purposes and,
without regard to [section 3709 of the Revised Statues
of the United States (41 U.S.C. 5)] section 6101 of
title 41, United States Code, to contract for such
collection of specimens and to purchase or exchange
specimens and exhibit materials;
Sec. 1336 note (Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2012, Sec. 114(a))
Sec. 114. (a) Notwithstanding any other provision of this
Act, the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of [section 304B of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254c)] section 3903 of title 41, United States Code (except
that the [5-year term restriction in subsection (d)] 5-year
term restriction in subsection (a) shall not apply), for the
long-term care and maintenance of excess wild free roaming
horses and burros by such organizations or entities on private
land. Such cooperative agreements and contracts may not exceed
10 years, subject to renewal at the discretion of the
Secretary.
Sec. 2104(f)(2) (Cooperative Forestry Assistance Act of 1978,
Sec. 8(f)(2))
SEC. 8. FOREST HEALTH PROTECTION.
(a) In General.-The Secretary may protect trees and forests
and wood products, stored wood, and wood in use directly on the
National Forest System and, in cooperation with others, on
other lands in the United States, from natural and man-made
causes, to--
* * *
(f) Limitation on Use of Appropriations.--
* * *
(2) Insects and diseases affecting trees.--The
Secretary may procure materials and equipment necessary
to prevent, retard, control, or suppress insects and
diseases affecting trees without regard to [section
3709 of the Revised Statutes (41 U.S.C. 5)] section
6101 of title 41, United States Code, under whatever
procedures the Secretary may prescribe, if the
Secretary determines that such action is necessary and
in the public interest.
Sec. 2104 note (Department of the Interior and Related Agencies
Appropriations Act, 1999, Sec. 347(c)(2))
Sec. 347. Stewardship End Result Contracting Demonstration
Project. (a) In General.--Until September 30, 2013, the Forest
Service and the Bureau of Land Management, via agreement or
contract as appropriate, may enter into stewardship contracting
projects with private persons or other public or private
entities to perform services to achieve land management goals
for the national forests and the public lands that meet local
and rural community needs.
* * *
(c) Agreements or Contracts.--
* * *
(2) Term.--A multiyear contract may be entered into
under subsection (a) in accordance with [section 304B
of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 254c)] section 3903 of title 41,
United States Code, except that the period of the
contract may exceed 5 years but may not exceed 10
years.
Sec. 2106(c)(Cooperative Forestry Assistance Act of 1978, Sec. 10(c))
Sec. 10. (a) Congress finds that.--
* * *
(c) The Secretary, with the cooperation and assistance of the
Administrator of General Services, shall encourage the use of
excess personal property (within the meaning of [the Federal
Property and Administrative Services Act of 1949] chapter 5 of
title 40, United States Code) by State and local fire forces
receiving assistance under this section.
Sec. 3503(e)(1) (Coastal Barrier Resources Act, Sec. 4(e)(1))
SEC. 4. ESTABLISHMENT OF JOHN H. CHAFEE COASTAL BARRIER
RESOURCE SYSTEM.
* * *
(e) Addition of Excess Federal Property.--
(1) Consultation and determination.--Prior to
transfer or disposal of excess property under [the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.)] chapter 5 of title 40,
United States Code, that may be an undeveloped coastal
barrier, the Administrator of General Services shall
consult with and obtain from the Secretary a
determination as to whether and what portion of the
property constitutes an undeveloped coastal barrier.
Not later than 180 days after the initiation of such
consultation, the Secretary shall make and publish
notice of such determination. Immediately upon issuance
of a positive determination, the Secretary shall--
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
Sec. 443
Sec. 443. War contracts
* * *
The definitions of terms in [section 103 of Title 41] section
3 of the Contract Settlement Act of 1944 (ch. 358, 58 Stat.
650) shall apply to similar terms used in this section.
Sec. 1761 note (Omnibus Crime Control and Safe Streets Act of 1968,
Sec. 819(c))
Sec. 819. (a) Section 1761 of title 18, Unite dStates Code,
is amended by adding thereto a new subsection (c) as follows--
* * *
(c) The provisions of section 1761 of title 18, United States
Code, and of [the first section of the Act of June 30, 1936 (49
Stat. 2036; 41 U.S.C. 35), commonly known as the Walsh-Healey
Act] section 6502 of title 41, United States Code, creating
exemptions to Federal restrictions on marketability of prison-
made goods, as amended from time to time, shall not apply
unless--
Sec. 3287
Sec. 3287. Wartime suspension of limitations
* * *
Definitions of terms in [section 103 of title 41] section 3
of the Contract Settlement Act of 1944 (ch. 358, 58 Stat. 650)
shall apply to similar terms used in this section. For purposes
of applying such definitions in this section, the term ``war''
includes a specific authorization for the use of the Armed
Forces, as described in section 5(b) of the War Powers
Resolution (50 U.S.C. 1544(b)).
Sec. 3672
Sec. 3672. Duties of Director of Administrative Office of the United
States Courts
* * *
He shall have the authority to contract with any appropriate
public or private agency or person for the detection of and
care in the community of an offender who is an alcohol-
dependent person, an addict or a drug-dependent person, or a
person suffering from a psychiatric disorder within the meaning
of section 2 of the Public Health Service Act. This authority
shall include the authority to provide equipment and supplies;
testing; medical, educational, social, psychological and
vocational services; corrective and preventative guidance and
training; and other rehabilitative services designed to protect
the public and benefit the alcohol-dependent person, addict or
drug-dependent person, or a person suffering from a psychiatric
disorder by eliminating his dependence on alcohol or addicting
drugs, by controlling his dependence and his susceptibility to
addiction, or by treating his psychiatric disorder. He may
negotiate and award contracts identified in this paragraph
without regard to [section 6101(b) to (d)] section 6101 of
title 41. He also shall have the authority to expend funds or
to contract with any appropriate public or private agency or
person to monitor and provide services to any offender in the
community authorized by this Act, including treatment,
equipment and emergency housing, corrective and preventative
guidance and training, and other rehabilitative services
designed to protect the public and promote the successful
reentry of the offender into the community.
Sec. 4013 note (Department of Justice Appropriations Act, 2001,
Sec. 118)
Sec. 118. Notwithstanding any other provision of law,
including [section 4(d) of the Service Contract Act of 1965 (41
U.S.C. 353(d))] section 6707(d) of title 41, United States
Code, the Attorney General hereafter may enter into contracts
and other agreements, of any reasonable duration, for detention
or incarceration space or facilities, including related
services, on any reasonable basis.
Sec. 4124 note (Consolidated Appropriations Act, 2005, division H,
Sec. 637)
Sec. 637. None of the funds made available under this or any
other Act for fiscal year 2005 and each fiscal year thereafter
shall be expended for the purchase of a product or service
offered by Federal Prison Industries, Inc., unless the agency
making such purchase determines that such offered product or
service provides the best value to the buying agency pursuant
to governmentwide procurement regulations, issued pursuant to
[section 25(c)(1) of the Office of Federal Procurement Act (41
U.S.C. 421(c)(1))] section 1303(a)(1) of title 41, United
States Code, that impose procedures, standards, and limitations
of section 2410n of title 10, United States Code.
TITLE 19--CUSTOMS DUTIES
Sec. 2081(a)(1) (Anti-Drug Abuse Act of 1986, Sec. 3131(a)(1))
SEC. 3131. UNDERCOVER INVESTIGATIVE OPERATIONS OF CUSTOMS
SERVICE.
(a) Certification Required for Exemption of Undercover
Operations From Certain Laws.--With respect to any undercover
investigative operation of the United States Customs Service
(hereinafter in this section referred to as the ``Service'')
which is necessary for the detection and prosecution of
offenses against the United States which are within the
jurisdiction of the Secretary of the Treasury--
(1) sums authorized to be appropriated for the
Service may be used--
(A) to purchase property, buildings, and
other facilities, and to lease space, within
the United States, the District of Columbia,
and the territories and possessions of the
United States without regard to--
(i) sections 1341 and 3324 of title
31,
[(ii) sections 3732(a) and 3741 of
the Revised Statutes of the United
States (41 U.S.C. 11(a) and 22),
(iii) section 305 of the Act of June
30, 1949 (63 Stat. 396; 41 U.S.C. 255),
(iv) the third undesignated paragraph
under the heading ``Miscellaneous'' of
the Act of March 3, 1877 (19 stat. 370;
40 Stat. 34), and
(v) section 304(a) and (c) of the
Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 254(a)
and (c)), and]
(ii) sections 6301(a) and (b)(1)
through (3) and 6306 of title 41,
United States Code,
(iii) chapter 45 of title 41, United
States Code,
(iv) section 8141 of title 40, United
States Code, and
(v) section 3901 of title 41, United
States Code, and
Sec. 2512(c)(2)(B) (Trade Agreements Act of 1979, Sec. 302(c)(2)(B))
SEC. 302. AUTHORITY TO ENCOURAGE RECIPROCAL COMPETITIVE
PROCUREMENT PRACTICES.
* * *
(c) Report on Impact of Restrictions.--
* * *
(2) Recommendations for attaining reciprocity.--The
report required by paragraph (1) shall include an
evaluation of alternative means to obtain equity and
reciprocity in such product sectors, including (A)
prohibiting the procurement of products of such
countries by United States entities not covered by the
Agreement, and (B) modifying the application of [title
III of the Act of March 3, 1933 (41 U.S.C. 10a et
seq.), commonly referred to as the Buy American Act]
chapter 83 of title 41, United States Code. The report
shall include an analysis of the effect of such
alternative means on the United States economy
(including effects on employment, production,
competition, costs and prices, technological
development, export trade, balance of payments,
inflation, and the Federal budget), and on successful
negotiations on the expansion of the coverage of the
Agreement pursuant to section 2514(a) and (b) of this
title, other trade negotiating objectives, the
relationship of the Federal Government to State and
local governments, and such other factors as the
President deems appropriate.
Sec. 2513 (Trade Agreements Act of 1979, Sec. 303)
SEC. 303. WAIVER OF DISCRIMINATORY PURCHASING REQUIREMENTS WITH
RESPECT TO PURCHASE OF CIVIL AIRCRAFT.
The President may waive the application of the provisions of
[title III of the Act of March 3, 1933 (41 U.S.C. 10a et seq.),
popularly referred to as the Buy American Act] chapter 83 of
title 41, United States Code, in the case of any procurement of
civil aircraft and related articles of a country or
instrumentality which is a party to the Agreement on Trade in
Civil Aircraft referred to in section 2503(c) of this title and
approved under section 2503(a) of this title. The President may
modify or withdraw any waiver granted pursuant to this section.
Sec. 3105(b)(1) (Telecommunications Trade Act of 1988, Sec. 1376(b)(1))
SEC. 1376. ACTIONS TO BE TAKEN IF NO AGREEMENT OBTAINED.
* * *
(b) Actions Authorized.--
(1) The President is authorized to take any of the
following actions under subsection (a) of this section
with respect to any priority foreign country:
* * *
(D) increases in domestic preferences under
[title III of the Act of March 3, 1933 (41
U.S.C. 10a, et seq.)] chapter 83 of title 41,
United States Code, for purchases by the
Federal Government of telecommunications
products of such country;
(E) suspension of any waiver of domestic
preferences under [title III of the Act of
March 3, 1933 (41 U.S.C. 10a, et seq.)] chapter
83 of title 41, United States Code, which may
have been extended to such country pursuant to
the Trade Agreements Act of 1979 with respect
to telecommunications products or any other
products;
TITLE 20--EDUCATION
Sec. 196(a) (Act of March 4, 1927, Sec. 6(a))
SEC. 6. CONCESSIONS, FEES, AND VOLUNTARY SERVICES.
(a) In General.--Notwithstanding [the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) and
section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)]
section 1302 of title 40, United States code, and the
provisions referred to in section 171(b) and (c) of title 41,
United States Code, the Secretary of Agriculture, in
furtherance of the mission of the National Arboretum, may--
Sec. 1018a (Higher Education Act of 1965, Sec. 142)
SEC. 142. PROCUREMENT FLEXIBILITY.
* * *
(d) Two-Phase Source-Selection Procedures.--
* * *
(2) First phase.--The procedures for the first phase
of the process for a procurement are as follows:
(A) Publication of notice.--The contracting
officer for the procurement shall publish a
notice of the procurement in accordance with
[section 18 of the Office of Federal
Procurement Policy Act (41 U.S.C. 416)] section
1708 of title 41, United States Code and
subsections (e), (f), and (g) of section 8 of
the Small Business Act (15 U.S.C. 637), except
that the notice shall include only the
following:
* * *
(3) Second phase.--
(A) In general.--The contracting officer
shall conduct the second phase of the source
selection process in accordance with [sections
303A and 303B of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253a and 253b)] sections 3306(a) through (e)
and 3308, chapter 37, and section 4702 of title
41, United States Code.
* * *
(f) Flexible Wait Periods and Deadlines for Submission of
Offers of Noncommercial Items.--
(1) Authority.--In carrying out a procurement, the
PBO may--
(A) apply a shorter waiting period for the
issuance of a solicitation after the
publication of a notice under [section 18 of
the Office of Federal Procurement Policy Act
(41 U.S.C. 416)] section 1708 of title 41,
United States Code, than is required under
subsection (a)(3)(A) of such section; and
* * *
(g) Modular Contracting.--
* * *
(5) Notice requirement.--
* * *
(C) Content of notice.--A notice published
under subparagraph (A) with respect to a use of
procedures described in paragraph (4) shall
contain the information required under [section
18(b) of the Office of Federal Procurement
Policy Act (41 U.S.C. 416(b))] section 1708(c)
of title 41, United States Code, other than
paragraph (4) of such section, and shall invite
the submission of any assertion that the use of
the procedures for the procurement involved is
not in the best interest of the Federal
Government together with information supporting
the assertion.
(6) Documentation.--The basis for an award of a
contract under this subsection shall be documented.
However, a justification pursuant to [section 303(f) of
the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253(f)) section 3304(e) of title 41,
United States Code or section 8(h) of the Small
Business Act (15 U.S.C. 637(h)) is not required.
* * *
(l) Definitions.--In this section:
(1) Commercial item.--The term ``commercial item''
has the meaning given the term in [section 4(12) of the
Office of Federal Procurement Policy Act (41 U.S.C.
401(12))] section 103 of title 41, United States Code.
(2) Competitive procedures.--The term ``competitive
procedures'' has the meaning given the term in [section
309(b) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 259(b))] section 152 of
title 41, United States Code.
* * *
(4) Special rules for commercial items.--The term
``special rules for commercial items'' means the
regulations set forth in the Federal Acquisition
Regulation pursuant to [section 303(g)(1) of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253(g)(1)) and section 31 of the Office
of Federal Procurement Policy (41 U.S.C. 427)] sections
1901 and 3305(a) of title 41, United States Code.
(5) Special simplified procedures.--The term
``special simplified procedures'' means the procedures
applicable to purchases of property and services for
amounts not greater than the simplified acquisition
threshold that are set forth in the Federal Acquisition
Regulation pursuant to [section 303(g)(1)(B) of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253(g)(1)(A)) and section 31(a)(1) of
the Office of Federal Procurement Policy Act (41 U.S.C.
427(a)(1))] sections 1901(a)(1) and 3305(a)(1) of title
41, United States Code.
Sec. 1070a(i) (Higher Education Act of 1965, Sec. 401(i))
Sec. 401. (a) Program Authority and Method of Distribution.--
(1) For each fiscal year through fiscal year 2017, the
Secretary shall pay to each eligible institution such sums as
may be necessary to pay to each eligible student (defined in
accordance with section 484) for each academic year during
which that student is in attendance at an institution of higher
education, as an undergraduate, a Federal Pell Grant in the
amount for which that student is eligible, as determined
pursuant to subsection (b). Not less than 85 percent of such
sums shall be advanced to eligible institutions prior to the
start of each payment period and shall be based upon an amount
requested by the institution as needed to pay eligible students
until such time as the Secretary determines and publishes in
the Federal Register with an opportunity for comment, an
alternative payment system that provides payments to
institutions in an accurate and timely manner, except that this
sentence shall not be construed to limit the authority of the
Secretary to place an institution on a reimbursement system of
payment.
* * *
(i) Treatment of Institutions and Students Under Other
Laws.--Any institution of higher education which enters into an
agreement with the Secretary to disburse to students attending
that institution the amounts those students are eligible to
receive under this subpart shall not be deemed, by virtue of
such agreement, a contractor maintaining a system of records to
accomplish a function of the Secretary. Recipients of Pell
Grants shall not be considered to be individual grantees for
purposes of [subtitle D of title V of Public Law 100-690]
chapter 81 of title 41, United States Code.
Sec. 1070a-11(b)(1) (Higher Education Act of 1965, Sec. 402A(b)(1))
SEC. 402A. PROGRAM AUTHORITY; AUTHORIZATION OF APPROPRIATIONS.
(a) Grants and Contracts Authorized.--The Secretary shall, in
accordance with the provisions of this chapter, carry out a
program of making grants and contracts designed to identify
qualified individuals from disadvantaged backgrounds, to
prepare them for a program of postsecondary education, to
provide support services for such students who are pursuing
programs of postsecondary education, to motivate and prepare
students for doctoral programs, and to train individuals
serving or preparing for service in programs and projects so
designed.
(b) Recipients, Duration, and Size.--
(1) Recipients.--For the purposes described in
subsection (a) of this section, the Secretary is
authorized, without regard to [section 3709 of the
Revised Statutes (41 U.S.C. 5)] section 6101 of title
41, United States Code, to make grants to, and
contracts with, institutions of higher education,
public and private agencies and organizations,
including community-based organizations with experience
in serving disadvantaged youth, combinations of such
institutions, agencies and organizations, and, as
appropriate to the purposes of the program, secondary
schools, for planning, developing, or carrying out one
or more of the services assisted under this division.
Sec. 2012(a)(6) (Harry S. Truman Memorial Scholarship Act,
Sec. 13(a)(6))
Sec. 13. (a) In order to carry out the provisions of this
Act, the Foundation is authorized to--
* * *
(6) enter into contracts, grants, or other
arrangements, or modifications thereof, to carry out
the provisions of this Act, and such contracts or
modifications thereof may, with the concurrence of two-
thirds of the members of the Board, be entered into
without performance or other bonds, and without regard
to [section 3709 of the Revised Statutes, as amended
(41 U.S.C. 5)] section 6101 of title 41, United States
Code;
Sec. 2106(a)(7) American Folklife Preservation Act, Sec. 7(a)(7))
Sec. 7. (a) In addition to any authority vested in it by
other provisions of this Act, the Librarian of Congress, in
carrying out the Center's functions, is authorized to--
* * *
(7) enter into contracts to carry out the provisions
of this Act, and such contracts may, with the
concurrence of two-thirds of the members of the Board,
be entered into without performance or other bonds and
in conformity with [section 3709 of the Revised
Statutes, as amended (41 U.S.C. 5)] section 6101 of
title 41, United States Code; and
Sec. 3475(a) (Department of Education Organization Act, Sec. 415(a))
Sec. 415. (a) Subject to the provisions [of the Federal
Property and Administrative Services Act of 1949] referred to
in section 171(b) and (c) of title 41, United States Code, the
Secretary is authorized to make, enter into, and perform such
contracts, grants, leases, cooperative agreements, or other
similar transactions with Federal or other public agencies
(including State and local governments) and private
organizations and persons, and to make such payments, by way of
advance or reimbursement, as the Secretary may determine
necessary or appropriate to carry out functions of the
Secretary or the Department.
Sec. 4513(a)(6) (James Madison Memorial Fellowship Act, Sec. 814(a)(6))
Sec. 814. (a) The Foundation is authorized--
* * *
(6) to enter into contracts, grants, or other
arrangements, or modifications thereof, to carry out
the provisions of this Act, and such contracts or
modifications thereof may, with the concurrence of two-
thirds of the members of the Board, be entered into
without performance or other bonds, and without regard
to [section 5 of title 41] section 6101 of title 41,
United States Code;
Sec. 4710(a)(6) (Barry Goldwater Scholarship and Excellence in
Education Act, Sec. 1411(a)(6))
SEC. 1411. ADMINISTRATIVE PROVISIONS.
(a) In General.---In order to carry out this title, the
Foundation may--
* * *
(6) enter into contracts or other arrangements, or
make grants, to carry out the provisions of this title,
and enter into such contracts or other arrangements, or
make such grants, with the concurrence of two-thirds of
the members of the Board, without performance or other
bonds and without regard to [section 3709 of the
Revised Statutes (41 U.S.C. 5)] section 6101 of title
41, United States Code;
Sec. 5608(a)(6) (Morris K. Udall and Stewart L. Udall Foundation Act,
Sec. 12(a)(6))
SEC. 12. ADMINISTRATIVE PROVISIONS.
(a) In General.---In order to carry out the provisions of
this Act, the Foundation may--
* * *
(6) enter into contracts, grants, or other
arrangements or modifications thereof, to carry out the
provisions of this Act, and such contracts or
modifications thereof may, with the concurrence of two-
thirds of the members of the Board of Trustees, be
entered into without performance or other bonds, and
without regard to [section 3709 of the Revised Statutes
(41 U.S.C. 5T2] section 6101 of title 41, United States
Code;
Sec. 5708(a)(6) (Christopher Columbus Fellowship Act, Sec. 429(a)(6))
SEC. 429. ADMINISTRATIVE PROVISIONS.
(a) The Foundation may.--
* * *
(6) enter into contracts, grants, or other
arrangements, or modifications thereof, to carry out
the provisions of this chapter, and such contracts or
modifications thereof may, with the concurrence of two-
thirds of the members of the Board, be entered into
without performance or other bonds, and without regard
to [section 3709 of the Revised Statutes] section 6101
of title 41, United States Code;
Sec. 6067(1) (Goals 2000: Educate America Act, Sec. 1022(1))
SEC. 1022. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) no funds appropriated pursuant to this Act should
be expended by an entity unless the entity agrees that
in expending the assistance the entity will comply with
[sections 2 through 4 of the Act of March 3, 1933 (41
U.S.C. 10a-10c, popularly known as the ``Buy American
Act'')] chapter 83 of title 41, United States Code;
Sec. 9275(a) (Workforce Investment Act of 1998, Sec. 505(a))
SEC. 505. BUY-AMERICAN REQUIREMENTS.
(a) Compliance With [Buy American Act] Chapter 83 of title
41.--None of the funds made available under title I, II, or III
or this title may be expended by an entity unless the entity
agrees that in expending the funds the entity will comply with
[the Buy American Act(41 U.S.C. 10a et seq.)] chapter 83 of
title 41, United States Code.
TITLE 21--FOOD AND DRUGS
Sec. 355(k)(4)(H) (Federal Food, Drug, and Cosmetic Act,
Sec. 505(k)(4)(H))
Sec. 505. (a) No person shall introduce or deliver for
introduction into interstate commerce any new drug, unless an
approval of an application filed pursuant to subsection (b) or
(j) of this section is effective with respect to such drug.
* * *
(k)(1) In the case of any drug for which an approval of an
application filed under subsection (b) or (j) of this section
is in effect, the applicant shall establish and maintain such
records, and make such reports to the Secretary, of data
relating to clinical experience and other data or information,
received or otherwise obtained by such applicant with respect
to such drug, as the Secretary may by general regulation, or by
order with respect to such application, prescribe on the basis
of a finding that such records and reports are necessary in
order to enable the Secretary to determine, or facilitate a
determination, whether there is or may be ground for invoking
subsection (e) of this section. Regulations and orders issued
under this subsection and under subsection (i) of this section
shall have due regard for the professional ethics of the
medical profession and the interests of patients and shall
provide, where the Secretary deems it to be appropriate, for
the examination, upon request, by the persons to whom such
regulations or orders are applicable, of similar information
received or otherwise obtained by the Secretary.
* * *
(4) Advanced analysis of drug safety data.-
* * *
(H) Competitive procedures.--The Secretary
shall use competitive procedures (as defined in
[section 4(5) of the Federal Procurement Policy
Act] section 132 of title 41, United States
Code) to enter into contracts under
subparagraph (G).
Sec. 360j(k) (Federal Food, Drug, and Cosmetic Act, Sec. 520(k))
Sec. 520. (a) Any requirement authorized by or under section
501, 502, 510, or 519 applicable to a device intended for human
use shall apply to such device until the applicability of the
requirement to the device has been changed by action taken
under section 513, 514, or 515 or under subsection (g) of this
section, and any requirement established by or under section
501, 502, 510, or 519 which is inconsistent with a requirement
imposed on such device under section 514 or 515 or under
subsection (g) of this section shall not apply to such device.
* * *
(k) The Secretary may enter into contracts for research,
testing, and demonstrations respecting devices and may obtain
devices for research, testing, and demonstration purposes
without regard to [sections 3648 and 3709 of the Revised
Statutes (31 U.S.C. 529, 41 U.S.C. 5)] section 3324(a) and (b)
of title 31, United States Code, and section 6101 of title 41,
United States Code.
Sec. 360ii(b)(3) (Federal Food, Drug, and Cosmetic Act, Sec. 523(b)(3))
Sec. 532. (a) The Secretary shall establish and carry out an
electronic product radiation control program designed to
protect the public health and safety from electronic product
radiation. As a part of such program, he shall--
* * *
(b) In carrying out the purposes of subsection (a) of this
section, the Secretary is authorized to--
* * *
(3) contract with public or private agencies,
institutions, and organizations, and with individuals,
without regard to section 3324 of title 31, United
States Code, and [section 3709 of the Revised Statutes
of the United States (41 U.S.C. 5)] ection 6101 of
title 41, United States Code; and
Sec. 872(b) (Controlled Substances Act, Sec. 502(b))
Sec. 502. (a) The Attorney General is authorized to carry out
educational and research programs directly related to
enforcement of the laws under his jurisdiction concerning drugs
or other substances which are or may be subject to control
under this title. Such programs may include--
* * *
(b) The Attorney General may enter into contracts for such
educational and research activities without performance bonds
and without regard to [sectin 3709 of the Revised Statutes (41
U.S.C. 5)] section 6101 of title 41, United States Code.
Sec. 1708(g) (Office of National Drug Control Policy Reauthorization
Act of 1998, Sec. 709(g))
SEC. 709. NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN.
(a) In General.--The Director shall conduct a national youth
anti-drug media campaign (referred to in this subtitle as the
``national media campaign'') in accordance with this section
for the purposes of--
* * *
(g) Financial and Performance Accountability.--The Director
shall cause to be performed--
(1) audits and reviews of costs of the national media
campaign pursuant to [section 304C of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 254d)] section 4706 of title 41, United States
Code; and
(2) an audit to determine whether the costs of the
national media campaign are allowable under [section
306 of such Act (41 U.S.C. 256] chapter 43 of title 41,
United States Code.
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
Sec. 272a(b)(1) (Joint Resolution of June 30, 1948, Sec. 2(b)(1))
Sec. 2. There is hereby authorized to be appropriated
annually to the Department of State--
* * *
(b) such additional sums as may be necessary to pay
the expenses incident to participation by the United
States in the activities of the Organization,
including--
(1) salaries of the representative or
representatives and alternates and appropriate
staff, including personal services in the
District of Columbia and elsewhere, without
regard to the civil-service laws and the
Classification Act of 1949, as amended;
services as authorized by section 15 of Public
Law 600, Seventy-ninth Congress; under such
rules and regulations as the Secretary of State
may prescribe, allowances for living quarters,
including heat, fuel, and light and cost-of-
living allowances to persons temporarily
stationed abroad; printing and binding without
regard to [section 11 of the Act of March 1,
1919 (44 U.S.C. 111), and section 3709 of the
Revised Statutes, as amended] section 501 of
title 44, United States Code, and section 6101
of title 41, United States Code; and
Sec. 277d-3 (American-Mexican Treat Act of 1950, Sec. 103)
Sec. 103. There are authorized to be appropriated to the
Department of State for the use of the Commission, out of any
money in the Treasury not otherwise appropriated, such sums as
may be necessary to carry out the provisions of the Treaty of
February 3, 1944, and other treaties and conventions between
the United States of America and the United Mexican States,
under which the United States Section operates, and to
discharge the statutory functions and duties of the United
States Section. Such sums shall be available for construction,
operation and maintenance of stream gaging stations, and their
equipment and sites therefor; personal services and rent in the
District of Columbia and elsewhere; services, including those
of attorneys and appraisers, in accordance with the provisions
of Section 15 of the Act of August 2, 1946 (5 U.S.C. sec. 55a),
at rates for individuals not in excess of the maximum daily
rate for grade GS-15 of the General Schedule and the United
States Commissioner is authorized, notwithstanding the
provisions of any other Act, to employ as consultants by
contract or otherwise without regard to the Classification Act
of 1949, as amended, and the civil-service laws and
regulations, retired personnel of the Armed Forces of the
United States, who shall not be required to revert to an active
status; travel expense, including, in the discretion of the
Commissioner, expenses of attendance at meetings of
organizations concerned with the activities of the Commission
which may be necessary for the efficient discharge of the
responsibilities of the Commission; hire, with or without
personal services, of work animals, and animal-drawn, and
motor-propelled (including passenger) vehicles and aircraft and
equipment; acquisition by donation, purchase, or condemnation,
of real and personal property, including expenses of abstracts,
certificates of title, and recording fees; purchase of ice and
drinking water; inspection of equipment, supplies and materials
by contract or otherwise; drilling and testing of foundations
and dam sites, by contract if deemed necessary; payment for
official telephone service in the field in case of official
telephones installed in private houses when authorized under
regulations established by the Commissioner; purchase of
firearms and ammunition for guard purposes; official
entertainment and other representation expenses within the
United States for the United States section; and such other
objects and purposes as may be permitted by laws applicable, in
whole or in part, to the United States Section: Provided, That,
when appropriations have been made for the commencement or
continuation of construction or operation and maintenance of
any such project, the United States Commissioner,
notwithstanding the provisions of [sections 3679, 3732, and
3733 of the Revised Statues] sections 1341, 1342, and 1349
through 1351 and subchapter II of chapter 15 of title 31,
United States Code, and sections 6301(a) and (b) and 6303 of
title 41, United States Code, or any other law, may enter into
contracts beyond the amount actually appropriated for so much
of the work on any such authorized project as the physical and
orderly sequence of construction makes necessary, such
contracts to be subject to and dependent upon future
appropriations by Congress: Provided further, That the United
States Commissioner shall prepare, within 30 days after the end
of each fiscal year, a report of all expenditures during that
year for official entertainment and other representation
expenses, which shall be available for public inspection.
Sec. 277d-36 (American-Mexican Boundary Treaty Act of 1972, Sec. 103)
Sec. 103. Notwithstanding any other provision of law, the
Commissioner is authorized to dispose of by warranty deed, or
otherwise, any land acquired by him on behalf of the United
States, or obtained by the United States pursuant to treaty
between the United States and Mexico, and not required for
project purposes, under procedures to be formulated by the
Commissioner, to adjoining landowners at such price as he
considers fair and equitable, and, if not so disposed of, to
turn such land over to the General Services Administration for
disposal under the provisions of [the Federal Property and
Administrative Services Act of 1949] chapter 5 of title 40,
United States Code.
Sec. 277d-44(c)(2)(N) (Tijuana River Valley Estuary and Beach Sewage
Cleanup Act of 2000, Sec. 804(c)(2)(N))
SEC. 804. ACTIONS TO BE TAKEN BY THE COMMISSIONER AND THE
ADMINISTRATOR.
* * *
(c) Contract.-
* * *
(2) Terms.--Any contract under this subsection shall
provide, at a minimum, for the following:
* * *
(N) The use of competitive procedures under
applicable law, consistent with [title III of
the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.)]
the provisions referred to in section 171(c) of
title 41, United States Code, by the owner of
the Mexican facility in the procurement of
property or services for the engineering,
construction, and operation and maintenance of
the Mexican facility.
Sec. 277e (Act of August 27, 1935)
The Secretary of State is authorized to lease any land
heretofore or hereafter acquired under any Act, Executive
order, or treaty in connection with projects, in whole or in
part, constructed or administered by the Secretary of State
through the said American Commissioner, or to dispose of such
lands when no longer needed, subject to applicable regulations
under [the Federal Property and Administrative Services Act of
1949, as amended] chapter 5 of title 40, United States Code, *
* *
Sec. 280b(b) (Joint Resolution of January 28, 1948, Sec. 3(b))
Sec. 3. There is hereby authorized to be appropriated to the
Department of State, out of any money in the Treasury not
otherwise appropriated--
* * *
(b) Such additional sums as may be needed for the payment of
all necessary expenses incident to participation by the United
States in the activities of the Commission, including salaries
of the United States Commissioners, their alternates, and
appropriate staff, without regard to the civil-service laws and
the Classification Act of 1949, as amended; personal services
in the District of Columbia; services as authorized by section
15 of Public Law 600, Seventy-ninth Congress; under such rules
and regulations as the Secretary of State may prescribe,
allowances for living quarters, including heat, fuel, and light
and cost-of-living allowances to persons temporarily stationed
abroad; hire of passenger motor vehicles and other local
transportation; printing and binding without regard to [section
11 of the Act of March 1, 1919 (44 U.S.C. 111), and section
3709 of the Revised Statutes, as amended] section 501 of title
44, United States Code, and section 6101 of title 41, United
States Code; and such other expenses as the Secretary of State
finds necessary to participation by the United States in the
activities of the Commission: Provided, That the provisions of
section 6 of the Act of July 30, 1946 (Public Law 565, Seventy-
ninth Congress), and regulations thereunder, applicable to
expenses incurred pursuant to that Act shall be applicable to
any expenses incurred pursuant to this paragraph (b).
Sec. 280i(b) (Joint Resolution of March 4, 1948, Sec. 2(b))
Sec. 2. There is hereby authorized to be appropriated to the
Department of State, out of any money in the Treasury not
otherwise appropriated--
* * *
(b) Such additional sums as may be needed for the payment of
all necessary expenses incident to participation by the United
States in the activities of the Commission, including salaries
of the United States Commissioners, their alternates, and
appropriate staff, without regard to the civil-service laws and
the Classification Act of 1949, as amended; personal services
in the District of Columbia; services as authorized by section
15 of Public Law 600, Seventy-ninth Congress; hire of passenger
motor vehicles and other local transportation; printing and
binding without regard to [section 11 of the Act of March 1,
1919 (44 U.S.C. 111), and section 3709 of the Revised Statutes,
as amended] section 501 of title 44, United States Code, and
section 6101 of title 41, United States Code; and such other
expenses as the Secretary of State finds necessary to
participation by the United States in the activities of the
Commission: Provided, That the provisions of section 6 of the
Act of July 30, 1946 (Public Law 565, Seventy-ninth Congress),
and regulations thereunder, applicable to expenses incurred
pursuant to that Act shall be applicable to any expenses
incurred pursuant to this paragraph (b).
Sec. 280k(b) (Joint Resolution of June 28, 1948, Sec. 2(b))
Sec. 2. There is hereby authorized to be appropriated to the
Department of State, out of any money in the Treasury not
otherwise appropriated--
* * *
(b) Such additional sums as may be needed for the payment of
all necessary expenses incident to participation by the United
States in the activities of the Commission, including salaries
of the United States Commissioners, their alternates, and
appropriate staff, without regard to the civil-service laws and
the Classification Act of 1949, as amended; personal services
in the District of Columbia; services as authorized by section
15 of Public Law 600, Seventy-ninth Congress; hire of passenger
motor vehicles and other local transportation; printing and
binding without regard to [section 11 of the Act of March 1,
1919 (44 U.S.C. 111), and section 3709 of the Revised Statutes,
as amended] section 501 of title 44, United States Code, and
section 6101 of title 41, United States Code; and such other
expenses as the Secretary of State finds necessary to
participation by the United States in the activities of the
organization: Provided, That the provisions of section 6 of the
Act of July 30, 1946 (Public Law 565, Seventy-ninth Congress),
and regulations thereunder, applicable to expenses incurred
pursuant to that Act shall be applicable to any expenses
incurred pursuant to this paragraph (b).
Sec. 287e (United Nations Participation Act of 1945, Sec. 8)
Sec. 8. There is hereby authorized to be appropriated
annually to the Department of State, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary for the payment by the United States of its share of
the expenses of the United Nations as apportioned by the
General Assembly in accordance with article 17 of the Charter,
and for all necessary salaries and expenses of the
representatives provided for in section 2 of this Act, and of
their appropriate staffs, including personal services in the
District of Columbia and elsewhere, without regard to the
civil-service laws and the Classification Act of 1949, as
amended; travel expenses without regard to the Standardized
Government Travel Regulations, as amended, the Travel Expense
Act of 1949 and, under such rules and regulations as the
Secretary of State may prescribe, travel expenses of families
and transportation of effects of United States representatives
and other personnel in going to and returning from their post
of duty; allowances for living quarters, including heat, fuel,
and light, as authorized by the Act approved June 26, 1930 (5
U.S.C. 118a); cost-of-living allowances for personnel stationed
abroad under such rules and regulations as the Secretary of
State may prescribe; communications services; stenographic
reporting, translating, and other services, by contract; hire
of passenger motor vehicles and other local transportation;
rent of offices; printing and binding without regard to section
11 of the Act of March 1, 1919 (44 U.S.C. 111); allowances and
expenses as provided in section 6 of the Act of the Act of July
30, 1946 (Public Law 565, Seventy-ninth Congress), and
allowances and expenses equivalent to those provided in section
905 of the Foreign Service Act of 1980; the lease or rental
(for periods not exceeding ten years) of living quarters for
the use of the representatives provided for in section 2 of
this Act serving abroad and of their appropriate staffs the
cost of installation and use of telephones in the same manner
as telephone service is provided for use of the Foreign Service
pursuant to the Act of August 23, 1912, as amended (31 U.S.C.
679), and unusual expenses similar to those authorized by
section 22 of the Administrative Expenses Act of 1946, as
amended by section 311 of the Overseas Differentials and
Allowances Act, incident to the operation and maintenance of
such living quarters abroad; and such other expenses as may be
authorized by the Secretary of State; all without regard to
[section 709 of the Revised Statutes, as amended (41 U.S.C. 5)]
section 6101 of title 41, United States Code.
Sec. 287r (Joint Resolution of July 30, 1946, Sec. 6)
Sec. 6. There is hereby authorized to be appropriated
annually to the Department of State, out of any money in the
Treasury not otherwise appropriated such sums as may be
necessary for the payment by the United States of its share of
the expenses of the Organization as apportioned by the General
Conference of the Organization in accordance with article IX of
the constitution of the Organization, and such additional sums
as may be necessary to pay the expenses of participation by the
United States in the activities of the Organization, including:
* * * (f) stenographic reporting, translating, and other
services, by contract, if deemed necessary, without regard to
[section 3709 of the Revised Statutes (U.S.C., title 41, sec.
5)] section 6101 of title 41, United States Code; * * * (k)
printing and binding without regard to [section 11 of the Act
of March 1, 1919 (U.S.C., title 44, sec. 111), and section 3709
of the Revised Statutes (U.S.C., title 41, sec. 5)] section 501
of title 44, United States Code, and section 6101 of title 41,
United States Code; (l) official entertainment; (m) stationery;
(n) purchase of newspapers, periodicals, books, and documents;
and (o) such other expenses as may be authorized by the
Secretary of State.
Sec. 289c(a) (Joint Resolution of July 1, 1947, Sec. 4(a))
Sec. 4. (a) Sums from the appropriations made pursuant to
paragraph (a) of section 3 may be transferred to any
department, agency, or independent establishment of the
Government to carry out the purposes of such subsection, and
such sums shall be available for obligation and expenditure in
accordance with the laws governing obligations and expenditures
of the department, agency, independent establishment, or
organizational unit thereof concerned, and without regard to
[sections 3709 and 3648 of the Revised Statutes, as amended
(U.S.C., 1940 edition, title 41, sec. 5, and title 31, sec.
529)] section 3324(a) and (b) of title 31, United States Code,
and section 6101 of title 41, United States Code.
Sec. 290b(b)(1)) (Joint Resolution of June 14, 1948, Sec. 3(b)(1))
Sec. 3. There are hereby authorized to be appropriated to the
Department of State for contribution to the working capital
fund of the organization the sum of $560,000 and as annual
appropriations the following:
* * *
(b) such additional sums, not to exceed $83,000 for
the fiscal year beginning July 1, 1947, as may be
necessary to pay the expenses incident to participation
by the United States in the activities of the
Organization, including--
(1) salaries of the representative and
alternate provided for in section 2 hereof, and
appropriate staff, including personal services
in the District of Columbia and elsewhere,
without regard to the civil-service laws and
the Classification Act of 1949, as amended;
services as authorized by section 15 of Public
Law 600, Seventy-ninth Congress; under such
rules and regulations as the Secretary of State
may prescribe, allowances for living quarters,
including heat, fuel, and light and cost of
living allowances to persons temporarily
stationed abroad; printing and binding without
regard to [section 11 of the Act of March 1,
1919 (44 U.S.C. 111), and section 3709 of the
Revised Statutes, as amended] section 501 of
title 44, United States Code, and section 6101
of title 41, United States Code; and
Sec. 1472(a)(2) (United States Information and Educational Exchange Act
of 1948, Sec. 802(a)(2))
Sec. 802. (a) In carrying on activities which further the
purposes of this Act, subject to approval of such activities by
the Secretary, the Department and the other Government agencies
are authorized--
* * *
(2) to make contracts, including contracts with
governmental agencies, foreign or domestic, including
subdivisions thereof, and intergovernmental
organizations of which the United States is a member,
and, with respect to contracts entered into in foreign
countries, without regard to [section 3741 of the
Revised Statutes (41 U.S.C. 22)] section 6306 of title
41, United States Code;
Sec. 2103(c)(2) (International Health Research Act of 1960,
Sec. 5(c)(2))
Sec. 5. (a) It is the sense of Congress that the President
should use his authority under the Constitution and laws of the
United States to accomplish the purposes of section 2 of this
joint resolution and in accomplishing such purposes (1) use to
the fullest extent practicable foreign currencies or credits
available for utilization by the United States, (2) enter into
agreements to use foreign currencies and credits available to
other nations for use with the agreement of the United States,
and (3) use any other foreign currencies and credits which may
be made available by participating foreign countries.
* * *
(c) To carry out his responsibilities under this
jointresolution the President may--
* * *
(2) make financial grants to establish and maintain
fellowships, and for other purposes, to public
institutions and agencies and to nonprofit private
institutions and agencies, and to individuals in
participating foreign countries, or contract with such
institutions, agencies, or individuals without regard
to [sections 3648 and 3709 of the Revised Statutes of
the United States] section 3324(a) and (b) of title 31,
United States Code, and section 6101 of title 41,
United States Code;
Sec. 2179(c) (Foreign Assistance Act of 1961, Sec. 219(c))
Sec. 219. Prototype Desalting Plant.--(a) In furtherance of
the purposes of this part and for the purpose of improving
existing, and developing and advancing new, technology and
experience in the design, construction, and operation of large-
scale desalting plants of advanced concepts which will
contribute materially to low-cost desalination in all
countries, including the United States, the President, if he
determines it to be feasible, is authorized to participate in
the development of a large-scale water treatment and desalting
prototype plant and necessary appurtenances to be constructed
in Israel as an integral part of a dual-purpose power
generating and desalting project. Such participation shall
include financial, technical, and such other assistance as the
President deems appropriate to provide for the study, design,
construction, and, for a limited demonstration period of not to
exceed five years, operation and maintenance of the water
treatment and desalting facilities of the dual-purpose project.
* * *
(c) In carrying out the provisions of this section, the
President may enter into contracts with public or private
agencies and with any person without regard to [sections 3648
and 3709 of the Revised Statutes of the United States (31
U.S.C. 529 and 41 U.S.C. 5)] section 3324(a) and (b) of title
31, United States Code, and section 6101 of title 41, United
States Code.
Sec. 2358 (Foreign Assistance Act of 1961, Sec. 608)
Sec. 608. Advance Acquisition of Property.--(a) It is the
sense of the Congress that in furnishing assistance under
chapter 1 of part I excess personal property, or (if a
substantial savings would occur) other property already owned
by an agency of the United States Government, shall be utilized
wherever practicable in lieu of or supplementary to the
procurement of new items for United States-assisted projects
and programs. The President is authorized to maintain in a
separate account, which shall, notwithstanding section 1210 of
the General Appropriation Act, 1951 (64 Stat. 765), be free
from fiscal year limitation, $5,000,000 of funds made available
under chapter 1 of part I, which may be used to pay costs
(including personnel costs) of acquisition, storage, renovation
and rehabilitation, packing, crating, handling, transportation,
and related costs of property classified as domestic or foreign
excess property pursuant to [the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 471
et seq.)] chapter 5 of title 40, United States Code, any
property available from an agency of the United States
Government, or other property, in advance of known requirements
therefor for use in furtherance of the purposes of part I:
Provided, That the amount of property classified as domestic
excess property pursuant to [the Federal Proprety and
Administrative Services Act of 1949, as amended,] chapter 5 of
title 40, United States Code held at any one time pursuant to
this section shall not exceed $15,000,000 in total original
acquisition cost. Property acquired pursuant to the preceding
sentence may be furnished (1) pursuant to any provision of part
I for which funds are authorized for the furnishing of
assistance, in which case the separate account established
pursuant to this section shall be repaid from funds made
available for such provision for all costs incurred, or (2)
pursuant to section 607, in which case such separate account
shall be repaid in accordance with the provisions of that
section for all costs incurred.
(b) Property classified as domestic excess property under
[the Federal Property and Administrative Services Act of 1949,
as amended] chapter 5 of title 40, United States Code, shall
not be transferred to the agency primarily responsible for
administering part I for use pursuant to the provisions of part
I or section 607 unless (1) such property is transferred for
use exclusively by an agency of the United States Government,
or (2) it has been determined in the same manner as provided
for surplus property in section 549(a) to (e) of title 40, that
such property is not needed for donation pursuant to those
subsections. The foregoing restrictions shall not apply to the
transfer in any fiscal year for use pursuant to the provisions
of part I of amounts of such property with a total original
acquisition cost to the United States Government not exceeding
$45,000,000.
Sec. 2392(e)(1) (Foreign Assistance Act of 1961, Sec. 632(e)(1))
Sec. 632. Allocation and Reimbursement Among Agencies.--(a)
The President may allocate or transfer to any agency of the
United States Government any part of any funds available for
carrying out the purposes of this Act, including any advance to
the United States Government by any country or international
organization for the procurement of commodities, defense
articles, military education and training, or services
(including defense services). Such funds shall be available for
obligation and expenditure for the purposes for which
authorized, in accordance with authority granted in this Act or
under authority governing the activities of the agencies of the
United States Government to which such funds are allocated or
transferred.
* * *
(e) In furnishing assistance under this Act, accounts may be
established on the books of any agency of the United States
Government or, on terms and conditions approved by the
Secretary of the Treasury, in banking institutions in the
United States, (1) against which letters of commitment may be
issued which shall constitute recordable obligations of the
United States Government, and moneys due or to become due under
such letters of commitment shall be assignable under [the
Assignment of Claims Act of 1940, as amended (second and third
paragraphs of 31 U.S.C. 203 and 41 U.S.C. 15)] section 3727(b)
(last sentence (and (c) of title 31, United States Code, and
section 6305(b)(1) through (7) of title 41, United States Code,
and (2) from which disbursements may be made to, or withdrawals
may be made by, recipient countries or agencies, organizations,
or persons upon presentation of contracts, invoices, or other
appropriate documentation. Expenditure of funds which have been
made available through accounts so established shall be
accounted for on standard documentation required for
expenditure of funds of the United States Government: Provided,
That such expenditures for commodities, defense articles,
military education and training, services (including defense
services), or facilities procured outside the United States may
be accounted for exclusively on such certification as may be
prescribed in regulations approved by the Comptroller General
of the United States.
Sec. 2396(g)(3)) (Foreign Assistance Act of 1961, Sec. 636(g)(3))
Sec. 636. Provisions on Uses of Funds.--(a) Appropriations
for the purposes of or pursuant to this Act (except for part
II), allocations to any agency of the United States Government,
from other appropriations, for functions directly related to
the purposes of this Act, and funds made available for other
purposes to the agency primarily responsible for administrating
part I, shall be available for:
* * *
(g) Funds made available for the purposes of part II or the
Arms Export Control Act shall be available for--
* * *
(3) maintenance, repair, alteration and furnishing of
United States-owned facilities in the District of
Columbia or elsewhere for the training of foreign
military and related civilian personnel, without regard
to the provisions of [section 733 of the Revised
Statutes (41 U.S.C. 12)] section 6303 of title 41,
United States Code, or other provision of law requiring
a specific authorization or specific appropriation for
such public contracts.
Sec. 2509(d) (Peace Corps Act, Sec. 10(d))
Sec. 10. (a) In furtherance of the purposes of this chapter,
the President may--
* * *
(d) Whenever the President determines it to be in furtherance
of the purposes of this Act, functions authorized by this
chapter may be performed without regard to such provisions of
law (other than [section 3709 of the Revised Statutes of the
United States, as amended, section 302 of the Federal Property
and Administrative Services Act of 1949] sections 3101(a) and
(c), 3104, 3106, 3301(b)(2), and 6101 of title 41, United
States Code, and the Renegotiation Act of 1951, as amended)
regulating the making, performance, amendment, or modification
of contracts and the expenditure of Government funds as the
President may specify.
Sec. 2581(a) (Arms Control and Disarmament Act, Sec. 401(a))
Sec. 401. In addition to any authorities otherwise available,
the Secretary of State in the performance of functions under
this Act is authorized to--
(a) utilize or employ the services, personnel,
equipment, or facilities of any other Government
agency, with the consent of the agency concerned, to
perform such functions on behalf of the Department of
State as may appear desirable. Any Government agency is
authorized, not withstanding any other provision of
law, to transfer to or to receive from the Secretary of
State, without reimbursement, supplies and equipment
other than administrative supplies or equipment.
Transfer or receipt of excess property shall be in
accordance with the provisions of [the Federal Property
and Administrative Services Act of 1949, as amended]
chapter 5 of title 40, United States Code;
Sec. 2669(h) (State Department Basic Authorities Act of 1956,
Sec. 2(h))
Sec. 2. The Secretary of State may use funds appropriated or
otherwise available to the Secretary to--
* * *
(h) directly procure goods and services in the United
States or abroad, solely for use by United States
Foreign Service posts abroad when the Secretary of
State, in accordance with guidelines established in
consultation with the Administrator of General
Services, determines that use of the Federal Supply
Service or otherwise applicable Federal goods and
services acquisition authority would not meet emergency
overseas security requirements determined necessary by
the Secretary, taking into account overseas delivery,
installation, maintenance, or replacement requirements,
except that the authority granted by this paragraph
shall cease to be effective when the amendment made by
section 2711 of the Competition in Contracting Act of
1984 takes effect and thereafter procurement by the
Secretary of State for the purposes described in this
paragraph shall be in accordance with [section
303(c)(2) of the Federal Property and Administrative
Services Act of 1949] section 3304(a)(2) of title 41,
United States Code;
Sec. 2676 (State Department Basic Authorities Act of 1956, Sec. 9)
Sec. 9. The Secretary of State is authorized to enter into
contracts in foreign countries involving expenditures from
funds appropriated or otherwise made available to the
Department of State, without regard to the provisions of
[section 3741 of the Revised Statutes (41 U.S.C. 22)] section
6306 of title 41, United States Code: Provided, That nothing in
this section shall be construed to waive the provisions of
section 431 of title 18 of the United States Code.
Sec. 2679c(a)(1) (Anti-Economic Discrimination Act of 1994,
Sec. 565(a)(1))
SEC. 565. PROHIBITION ON DISCRIMINATORY CONTRACTS.
(a) Prohibition.--
(1) Except for real estate leases and as provided in
subsection (b), the Department of State may not enter
into any contract that expends funds appropriated to
the Department of State for an amount in excess of the
small purchase threshold (as defined in [section 4(11)
of the Office of Federal Procurement Policy Act (41
U.S.C. 403(11)) section 134 of title 41, United States
Code)--
Sec. 2713(b)(2) (State Department Basic Authorities Act of 1956,
Sec. 41(b)(2))
SEC. 41. PROTECTION OF HISTORIC AND ARTISTIC FURNISHINGS OF
RECEPTION AREAS OF THE HARRY S. TRUMAN FEDERAL BUILDING.
(a) In General.--The Secretary of State shall administer the
historic and artistic articles of furniture, fixtures, and
decorative objects of the reception areas of the Department of
State by such means and measures as conform to the purposes of
the reception areas, which include conserving those articles,
fixtures, and objects and providing for their enjoyment in such
manner and by such means as will leave them for the use of the
American people. Nothing shall be done under this subsection
which conflicts with the administration of the Department of
State or with the use of the reception areas for official
purposes of the United States Government.
(b) Disposition of Historic and Artistic Items.--
* * *
(2) Sale or trade.--Whenever the Secretary of State
determines that--
(A) any item covered by paragraph (1) is no
longer needed for use or display in the
reception areas, or
(B) in order to upgrade the reception areas,
a better use of that article would be its sale
or exchange,
the Secretary may, with the advice and concurrence of
the Director of the National Gallery of Art, sell the
item at fair market value or trade it, without regard
to the requirements of [the Federal Property and
Administrative Services Act of 1949] chapter 5 of title
40, United States Code. The proceeds of any such sale
may be credited to the unconditional gift account of
the Department of State, and items obtained in trade
shall be the property of the Secretary of State under
this subsection.
Sec. 3861(c)(2) (Panama Canal Act of 1979, Sec. 3101(c)(2))
Sec. 3101. (a) Panama Canal Acquisition Regulation.--(1) The
Commission shall establish by regulation a comprehensive
procurement system. The regulation shall be known as the
``Panama Canal Acquisition Regulation'' (in this section
referred to as the ``Regulation'') and shall provide for the
procurement of goods and services by the Commission in a manner
that--
* * *
(c) Waiver Authority.--(1) Subject to paragraph (2), the
Commission shall determine which provisions of Federal law
should not apply to procurement by the Commission and may waive
those laws for purposes of the Regulation and Supplement.
(2) For purposes of paragraph (1), the Commission may not
waive--
(A) [section 27 of the Office of Federal Procurement
Policy Act (41 U.S.C. 423)] chapter 21 of title 41,
United States Code;
(B) [the Contract Disputes Act of 1978 (41 U.S.C. 601
et seq.), other than section 10(a) of such Act (41
U.S.C. 609(a))] chapter 71 (other than section 7104(b))
of title 41, United States Code; or
Sec. 3862 (Panama Canal Act of 1979, Sec. 3102)
Sec. 3102. (a) Establishment.--(1) The Secretary of Defense,
in consultation with the Commission, may establish a board of
contract appeals, to be known as the Panama Canal Board of
Contract Appeals, in accordance with [section 8 of the Contract
Disputes Act of 1978 (41 U.S.C. 607) sections 7105(a), (c)
through (e), and (g), 7106(a), and 7107(a) of title 41, United
States Code. Except as otherwise provided by this section, the
Panama Canal Board of Contract Appeals (in this section
referred to as the ``Board'') shall be subject to [the
Contracts Disputes Act of 1978 (41 U.S.C. 601 et seq.)] chapter
71 of title 41, United States Code in the same manner as any
other agency board of contract appeals established under [that
Act] that chapter.
* * *
(b) Exclusive Jurisdiction to Decide Appeals.--
Notwithstanding [section 10(a)(1) of the Contract Disputes Act
of 1978 (41 U.S.C. 609(a)(1))] section 7104(b)(1) of title 41,
United States Code or any other provision of law, the Board
shall have exclusive jurisdiction to decide an appeal from a
decision of a contracting officer under [section 8(d) of such
Act (41 U.S.C. 607(d))] section 7105(e) of title 41, United
States Code.
Sec. 4024(a)(5) (Foreign Service Act of 1980, Sec. 704(a)(5))
Sec. 704. Training Authorities.--(a) In the exercise of
functions under this chapter, the Secretary of State may--
* * *
(5) acquire such real and personal property and
equipment as may be necessary for the establishment,
maintenance, and operation of the facilities necessary
to carry out the provisions of this chapter without
regard to [section 3709 of the Revised Statutes of the
United States (41 U.S.C. 5) and section 302 of the
Federal Property and Administrative Services Act of
1949 (41 U.SC. 252)] sections 3101(a) and (c), 3104,
3106, 3301(b)(2), and 6101 of title 41, United States
Code.
Sec. 5422(c)(1) (Support for East European Democracy (SEED) Act of
1989, Sec. 202(c)(1))
SEC. 202. LABOR MARKET TRANSITION IN POLAND AND HUNGARY.
(a) Technical Assistance.--The Secretary of Labor
(hereinafter in this section referred to as the ``Secretary''),
in consultation with representatives of labor and business in
the United States, shall--
* * *
(c) Administrative Authorities.---In carrying out subsection
(a) of this section, the Secretary is authorized to do the
following:
(1) Solicit and accept in the name of the Department
of Labor, and employ or dispose of in furtherance of
the purposes of this section, any money or property,
real, personal, or mixed, tangible or intangible,
received by gift, devise, bequest, or otherwise. Gifts
and donations of property which are no longer required
for the discharge of the purposes of this section shall
be reported to the Administrator of General Services
for transfer, donation, or other disposal in accordance
with [the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. and following)] chapter 5 of
title 40, United States Code.
Sec. 8511(3) (Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010, Sec. 101(3))
SEC. 101. DEFINITIONS.
In this title:
* * *
(3) Executive agency.--The term ``executive agency''
has the meaning given that term in section 133 of title
41, United States Code.
TITLE 23--HIGHWAYS
Sec. 140(b) and (c)
Sec. 140. Nondiscrimination
* * *
(b) The Secretary, in cooperation with any other department
or agency of the Government, State agency, authority,
association, institution, Indian tribal government, corporation
(profit or nonprofit), or any other organization or person, is
authorized to develop, conduct, and administer surface
transportation and technology training, including skill
improvement programs, and to develop and fund summer
transportation institutes. Whenever apportionments are made
under section 104(b)(3) of this title, the Secretary shall
deduct such sums as necessary, not to exceed $10,000,000 per
fiscal year, for the administration of this subsection. Such
sums so deducted shall remain available until expended. The
provisions of [section 6101(b) to (d)] section 6101 of title 41
shall not be applicable to contracts and agreements made under
the authority herein granted to the Secretary. Notwithstanding
any other provision of law, not to exceed 1/2 of 1 percent of
funds apportioned to a State for the surface transportation
program under section 104(b) and the bridge program under
section 144 may be available to carry out this subsection upon
request of the State transportation department to the
Secretary.
(c) The Secretary, in cooperation with any other department
or agency of the Government, State agency, authority,
association, institution, Indian tribal government, corporation
(profit or nonprofit), or any other organization or person, is
authorized to develop, conduct, and administer training
programs and assistance programs in connection with any program
under this title in order that minority businesses may achieve
proficiency to compete, on an equal basis, for contracts and
subcontracts. Whenever apportionments are made under section
104(b)(3), the Secretary shall deduct such sums as necessary,
not to exceed $10,000,000 per fiscal year, for the
administration of this subsection. The provisions of ]section
6101(b) to (d)] section 6101 of title 41 shall not be
applicable to contracts and agreements made under the authority
herein granted to the Secretary notwithstanding the provisions
of section 3106 of title 41.
Sec. 502(c)(5)
Sec. 502. Surface transportation research
* * *
(c) Collaborative Research and Development.--
* * *
(5) Waiver of advertising requirements.--[Section
6101(b) to (d)] Section 6101 of title 41 shall not
apply to a contract or agreement entered into under
this chapter.
TITLE 24--HOSPITALS AND ASYLUMS
Sec. 225h (Saint Elizabeths Hospital and District of Columbia Mental
Health Services Act, Sec. 11)
SEC. 11. BUY AMERICAN PROVISIONS.
(a) The Mayor shall insure that the requirements of [the Buy
American Act of 1933, as amended] chapter 83 of title 41,
United States Code, apply to all procurements made under this
subchapter.
(b) Determination by the Mayor.--(1) If the Mayor, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
products produced in the United States that are covered by the
agreement, the United States Trade Representative shall rescind
the waiver of [the Buy American Act] chapter 83 of title 41,
United States Code, with respect to such types of products
produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any
agreement, between the United States and a foreign country
pursuant to which the head of an agency of the United States
Government has waived the requirements of [the Buy American
Act] chapter 83 of title 41, United States Code, with respect
to certain products produced in the foreign country.
(c) Report to Congress.--The Mayor shall submit to Congress a
report on the amount of purchases from foreign entities under
this subchapter from foreign entities in fiscal years 1992 and
1993. Such report shall separately indicate the dollar value of
items for which [the Buy American Act] chapter 83 of title 41,
United States Code, was waived pursuant to any agreement
described in subsection (a)(2) of this section, the Trade
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.
[(d) [Buy American Act Defined.--For purposes of this
section, the term ``Buy American Act'' means title III of the
Act entitled ``An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June 30,
1934, and for other purposes'', approved March 3, 1933 (41
U.S.C. 10a et seq.).]
[(e)] (d) Restrictions on Contract Awards.--No contract or
subcontract made with funds authorized under this title may be
awarded for the procurement of an article, material, or supply
produced or manufactured in a foreign country whose government
unfairly maintains in government procurement a significant and
persistent pattern or practice of discrimination against United
States products or services which results in identifiable harm
to United States businesses, as identified by the President
pursuant to (g)(1)(A) of section 305 of the Trade Agreements
Act of 1979 (19 U.S.C. 2515(g)(1)(A)). Any such determination
shall be made in accordance with section 305.
[(f)] (e) Prohibition Against Fraudulent Use of ``Made in
America'' Labels.--If it has been finally determined by a court
or Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, that
person shall be ineligible to receive any contract or
subcontract under this Act, pursuant to the debarment,
suspension, and ineligibility procedures in subpart 9.4 of
chapter 1 of title 48, Code of Federal Regulations.
Sec. 322(a) (Public Law 86-571, Sec. 2(a))
Sec. 2. (a) Upon request of the Secretary of State, the
Secretary of Health and Human Services is authorized (directly
or through arrangements under this subsection) to receive any
eligible person at any port of entry or debarkation upon
arrival from a foreign country and, to the extent he finds it
necessary, to temporarily care for and treat at suitable
facilities (including a hospital), and otherwise render
assistance to, such person pending his transfer or
hospitalization pursuant to other sections of this Act. For the
purpose of providing such care and treatment and assistance,
the Secretary is authorized to enter into suitable arrangements
with appropriate State or other public or nonprofit agencies.
Such arrangements shall be made without regard to [section 3709
of the Revised Statutes, as amended (41 U.S.C. 5),] section
6101 of title 41, United States Code and may provide for
payment by the Secretary either in advance or by way of
reimbursement.
Sec. 324(a) (Public Law 86-571, Sec. 4(a))
Sec. 4. (a) Until the transfer and release of an eligible
person pursuant to section 3, the Secretary is authorized to
provide care and treatment for such person at any Federal
hospital within or (pursuant to agreement) outside of the
Department, or (under contract or other arrangements made
without regard to [section 3709 of the Revised Statutes, as
amended] section 6101 of title 41, United States Code) at any
other public or private hospital in any State and, for such
purposes, to transfer such person to any such hospital from a
place of temporary care provided pursuant to section 2. In
determining the place of such hospitalization, the Secretary
shall give due weight to the best interests of the patient.
TITLE 25--INDIANS
Sec. 190 (Act of April 12, 1924)
Subject to applicable regulations under [the Federal Property
and Administrative Services Act of 1949, as amended] chapter 5
of title 40, United States Code, the Secretary of the Interior
is authorized in his discretion to sell and convey by deed or
patent, under such terms and conditions as he may prescribe, at
not less than their appraised value, nonreservation Government
tracts or plants or tribal administrative plants or reserves,
or parts thereof, not exceeding forty acres in area and not
exceeding $2,000 in value, not longer needed for Indian
administrative or allotment purposes, and small unallotted
tracts not exceeding forty acres, where a sale will serve the
tribal interests. All sales made under this section shall be at
public auction, to the highest and best bidder.
Sec. 293 (Act of March 2, 1917, first section)
Subject to applicable regulations under [the Federal Property
and Administrative Services Act, as amended] chapter 5 of title
40, United States Code, the Secretary of the Interior is
authorized to cause to be sold, to the highest bidder, under
such rules and regulations as he may prescribe any tract or
part of a tract of land purchased by the United States for day
school or other Indian administrative uses, not exceeding one
hundred and sixty acres in any one tract, when said land or a
part thereof is no longer needed for the original purpose; the
proceeds therefrom in all cases to be paid into the Treasury of
the United States; title to be evidenced by a patent in fee
simple for such lands as can be described in terms of the legal
survey, or by deed duly executed by the Secretary of the
Interior containing such metes-and-bounds description as will
identify the land so conveyed as the land which had been
purchased: Provided, That where the purchase price was paid
from tribal funds, the net proceeds shall be placed in the
Treasury of the United States to the credit of the respective
tribes of Indians.
Sec. 450j(a)(3) (Indian Self-Determination and Education Assistance
Act, Sec. 105(a)(3))
Sec. 105. (a)(1) Notwithstanding any other provision of law,
subject to paragraph (3), the contracts and cooperative
agreements entered into with tribal organizations pursuant to
section 102 shall not be subject to Federal contracting or
cooperative agreement laws (including any regulations), except
to the extent that such laws expressly apply to Indian tribes.
* * *
(3)(A) With respect to a construction contract (or a
subcontract of such a construction contract), the provisions
[of the Office of Federal Procurement Policy Act (41 U.S.C. 401
et seq.)] referred to in section 172(b) of title 41, United
States Code, and the regulations relating to acquisitions
promulgated under [such Act] such provisions shall apply only
to the extent that the application of such provision to the
construction contract (or subcontract) is--
* * *
(C)(i) Except as provided in subparagraph (B), no Federal law
listed in clause (ii) or any other provision of Federal law
(including an Executive order) relating to acquisition by the
Federal Government shall apply to a construction contract that
a tribe or tribal organization enters into under this Act,
unless expressly provided in such law.
(ii) The laws listed in this paragraph are as follows:
(I) The [Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 471 et seq.)] provisions
referred to in section 171(b) and (c) of title 41,
United States Code.
(II) [Section 3709 of the Revised Statutes] Section
6101 of title 41, United States Code.
* * *
(VIII) [Sections 1 through 12 of the Act of June 30,
1936 (49 Stat. 2036 et seq.), chapter 881)] Chapter 65
of title 41, United States Code.
(IX) [The Service Control Act of 1965 (41 U.S.C. 351
et seq.)] Chapter 67 of title 41, United States Code.
Sec. 450k(a)(1) (Indian Self-Determination and Education Assistance
Act, Sec. 107(a)(1))
Sec. 107. (a)(1) Except as may be specifically authorized in
this subsection, or in any other provision of this Act, the
Secretary of the Interior and the Secretary of Health and Human
Services may not promulgate any regulation, nor impose any
nonregulatory requirement, relating to self-determination
contracts or the approval, award, or declination of such
contracts, except that the Secretary of the Interior and the
Secretary of Health and Human Services may promulgate
regulations under this Act relating to chapter 171 of title 28,
commonly known as the ``Federal Tort Claims Act'', [the
Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)] chapter
71 of title 41, United States Code, declination and waiver
procedures, appeal procedures, reassumption procedures,
discretionary grant procedures for grants awarded under section
103, property donation procedures arising under section 105(f),
internal agency procedures relating to the implementation of
this Act, retrocession and tribal organization relinquishment
procedures, contract proposal contents, conflicts of interest,
construction, programmatic reports and data requirements,
procurement standards, property management standards, and
financial management standards.
Sec. 450m-1(d) (Indian Self-Determination and Education Assistance Act,
Sec. 110(d))
Sec. 110. (a) The United States district courts shall have
original jurisdiction over any civil action or claim against
the appropriate Secretary arising under this Act and, subject
to the provisions of subsection (d) of this section and
concurrent with the United States Court of Claims, over any
civil action or claim against the Secretary for money damages
arising under contracts authorized by this Act. In an action
brought under this paragraph, the district courts may order
appropriate relief including money damages, injunctive relief
against any action by an officer of the United States or any
agency thereof contrary to this Act or regulations promulgated
thereunder, or mandamus to compel an officer or employee of the
United States, or any agency thereof, to perform a duty
provided under this Act or regulations promulgated hereunder
(including immediate injunctive relief to reverse a declination
finding under section 102(a)(2) or to compel the Secretary to
award and fund an approved self-determination contract).
* * *
(d) [The Contract Disputes Act (Public Law 95-563, Act of
November 1, 1978; 92 Stat. 2383, as amemded)] Chapter 71 of
title 41, United States Code, shall apply to self-determination
contracts, except that all administrative appeals relating to
such contracts shall be heard by the [Interior Board of
Contract Appeals established pursuant to section 8 of such Act
(41 U.S.C. 607)] Civilian Board of Contract Appeals established
pursuant to section 7105(b) of title 41, United States Code.
Sec. 458cc(e)(1) (Indian Self-Determination and Education Assistance
Act, Sec. 403(e)(1))
SEC. 403. FUNDING AGREEMENTS.
(a) Authorization.--The Secretary shall negotiate and enter
into an annual written funding agreement with the governing
body of each participating tribal government in a manner
consistent with the Federal Government's laws and trust
relationship to and responsibility for the Indian people.
* * *
(e) Construction Projects.--(1) Regarding construction
programs or projects, the Secretary and Indian tribes may
negotiate for the inclusion of specific provisions [of the
Office of Federal Procurement and Policy Act] referred to in
section 172(b) of title 41, United States Code and Federal
acquisition regulations in any funding agreement entered into
under this Act. Absent a negotiated agreement, such provisions
and regulatory requirements shall not apply.
Sec. 458aaa-8(h) (Indian Self-Determination and Education Assistance
Act, Sec. 509(h))
SEC. 509. CONSTRUCTION PROJECTS.
(a) In General.--Indian tribes participating in tribal self-
governance may carry out construction projects under this title
if they elect to assume all Federal responsibilities under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the National Historic Preservation Act (16 U.S.C. 470 et
seq.), and related provisions of law that would apply if the
Secretary were to undertake a construction project, by adopting
a resolution--
* * *
(h) Application of Other Laws.--Unless otherwise agreed to by
the Indian tribe, no provision [of the Office of Federal
Procurement Policy Act] referred to in section 172(b) of title
41, United States Code, the Federal Acquisition Regulations
issued pursuant thereto, or any other law or regulation
pertaining to Federal procurement (including Executive orders)
shall apply to any construction project conducted under this
title.
Sec. 458aaa-9) (Indian Self-Determination and Education Assistance Act,
Sec. 510)
SEC. 510. FEDERAL PROCURMENT LAWS AND REGULATIONS.
Regarding construction programs or projects, the Secretary
and Indian tribes may negotiate for the inclusion of specific
provisions [of the Office of Federal Procurement and Policy Act
(41 U.S.C. 401 et seq.)] referred to in section 172(b) of title
41, United States Code and Federal acquisition regulations in
any funding agreement entered into under this part. Absent a
negotiated agreement, such provisions and regulatory
requirements shall not apply.
Sec. 463d note (Public Law 85-186, first section)
That, upon request of any Indian tribe, group, or corporate
entity, and approval of the request by the Secretary of the
Interior as provided in this Act, the Administrator of the
General Services Administration is authorized to transfer,
without cost to such Indian tribe, group, or corporate entity,
title to any property of the United States at the McNary Dam
townsite, Umatilla, Oregon, or at Pickstown, South Dakota, that
is declared surplus pursuant to [the Federal Property and
Administrative Services Act of 1949 (Act of June 30, 1949; 63
Stat. 378), as amended] chapter 5 of title 40, United States
Code. Such property shall not be exempt from taxation because
of the fact that title is held by the Indian tribe, group, or
corporate entity.
Sec. 1638b (Indian Health Care Improvement Act, Sec. 310)
Sec. 310. (a) The Secretary shall ensure that the
requirements of [the Buy American Act] chapter 83 of title 41,
United States Code apply to all procurements made with funds
made available to carry out this title.
(b) The Secretary shall submit to the Congress a report on
the amount of procurements from foreign entities made in fiscal
years 1993 and 1994 with funds made available to carry out this
title. Such report shall separately indicate the dollar value
of items procured with such funds for which [the Buy American
Act] chapter 83 of title 41, United States Code was waived
pursuant to the Trade Agreement Act of 1979 or any
international agreement to which the United States is a party.
* * *
[(d) For purposes of this section, the term ``Buy American
Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments for
the fiscal year ending June 30, 1934, and for other purposes'',
approved March 3, 1933 (41 U.S.C. 10a et seq.).]
TITLE 26--INTERNAL REVENUE CODE
Sec. 5000C note (James Zadroga 9/11 Health and Compensation Act of
2010, Sec. 301(b)(3))
SEC. 301. EXCISE TAX ON CERTAIN FOREIGN PROCUREMENT.
* * *
(b) Prohibition on Reimbursement of Fees.--
* * *
(3) Executive agency.--For purposes of this
subsection, the term ``executive agency'' has the
meaning given the term in [section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403)] section
133 of title 41, United States Code.
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
Sec. 524(c)(1)
Sec. 524. Availability of appropriations
* * *
(c)(1) There is established in the United States Treasury a
special fund to be known as the Department of Justice Assets
Forfeiture Fund (hereafter in this subsection referred to as
the ``Fund'') which shall be available to the Attorney General
without fiscal year limitation for the following law
enforcement purposes--
* * *
Amounts for paying the expenses authorized by subparagraphs
(B), (F), and (G) shall be specified in appropriations Acts and
may be used under authorities available to the organization
receiving the funds. Amounts for other authorized expenditures
and payments from the Fund, including equitable sharing
payments, are not required to be specified in appropriations
acts. The Attorney General may exempt the procurement of
contract services under subparagraph (A) under the Fund from
[division C (except sections 3302, 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41, section 6101(b) to (d) of
title 41,] the provisions referred to in section 171(c), and
section 6101, of title 41 and other provisions of law as may be
necessary to maintain the security and confidentiality of
related criminal investigations.
Sec. 524 note (Department of Justice Appropriations Act, 1999,
Sec. 115(a)(2))
Sec. 115. (a)(1) Notwithstanding any other provision of law,
for fiscal year 1999, the Attorney General may obligate any
funds appropriated for or reimbursed to the Counterterrorism
programs, projects or activities of the Department of Justice
to purchase or lease equipment or any related items, or to
acquire interim services, without regard to any otherwise
applicable Federal acquisition rule, if the Attorney General
determines that--
* * *
(2) In this subsection, the term ``Federal acquisition rule''
means any provision of title II or IX of the Federal Property
and Administrative Services Act of 1949, the [Office of Federal
Procurement Policy Act] provisions referred to in section
172(b) of title 41, United States Code, the Small Business Act,
the Federal Acquisition Regulation, or any other provision of
law or regulation that establishes policies, procedures,
requirements, conditions, or restrictions for procurements by
the head of a department or agency or the Federal Government.
Sec. 533 note (Department of Justice and Related Agencies
Appropriations Act, 1993, Sec. 102(b)(1)(A))
Sec. 102. Subject to subsection (b) of this section,
authorities contained in Public Law 96-132, ``The Department of
Justice Appropriation Authorization Act, Fiscal Year 1980'',
shall remain in effect until the termination date of this Act
or until the effective date of a Department of Justice
Appropriation Authorization Act, whichever is earlier.
(b)(1) During fiscal year 1996, with respect to any
undercover investigative operation of the Federal Bureau of
Investigation or the Drug Enforcement Administration which is
necessary for the detection and prosecution of crimes against
the United States or for the collection of foreign intelligence
or counterintelligence--
(A) sums authorized to be appropriated for the
Federal Bureau of Investigation and for the Drug
Enforcement Administration may be used for purchasing
property, buildings, and other facilities, and for
leasing space, within the United States, the District
of Columbia, and the territories and possessions of the
United States, without regard to section 1341 of title
31 of the United States Code, [section 3732(a) of the
Revised Statutes (41 U.S.C. 11(a)), section 305 of the
Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the
third undesignated paragraph under the heading of
``Miscellaneous'' of the Act of March 3, 1877 (19 Stat.
370; 40 U.S.C. 34] chapter 45 and section 6301(a) and
(b)(1) through (3) of title 41 of the United States
Code, section 8141 of title 40 of the United States
Code, section 3324 of title 31 of the United States
Code, [section 3741 of the Revised Statutes (41 U.S.C.
22), and subsections (a) and (c) of section 304 of the
Federal Property and Administrative Service [Services]
Act of 1949 (63 Stat. 395; 41 U.S.C. 254(a) and (c))]
and sections 3901 and 6306(a) of title 41 of the United
States Code,
Sec. 581 note (Bankruptcy Judges, United States Trustees, and Family
Farmer Bankruptcy Act of 1986, Sec. 310(a)(2))
SEC. 310. ELECTRONIC CASE MANAGEMENT DEMONSTRATION PROJECT.
(a) Establishment of Project.--Not later than 1 year after
the effective date of this Act, the Director of the Executive
Office for United States Trustees, in consultation with the
Director of the Administrative Office of the United States
Courts, shall establish an electronic case management
demonstration project to be carried out in 3 Federal judicial
districts that have a sufficiently large and varied bankruptcy
caseload so as to provide a meaningful evaluation of the cost
and effectiveness of such system. A contract for such project
shall be awarded--
* * *
(2) in accordance with [the Federal Property and
Administrative Services Act of 1949, the Office of
Federal Procurement Policy Act, and title 31 of the
United States Code] title 31 of the United States Code
and the provisions referred to in sections 171(b) and
(c) and 172(b) of title 41 of the United States Code.
Sec. 604
Sec. 604. Duties of Director generally
(a) The Director shall be the administrative officer of the
courts, and under the supervision and direction of the Judicial
Conference of the United States, shall:
* * *
(10)(A) Purchase, exchange, transfer, distribute, and
assign the custody of lawbooks, equipment, supplies,
and other personal property for the judicial branch of
Government (except the Supreme Court unless otherwise
provided pursuant to paragraph (17)); (B) provide or
make available readily to each court appropriate
equipment for the interpretation of proceedings in
accordance with section 1828 of this title; and (C)
enter into and perform contracts and other transactions
upon such terms as the Director may deem appropriate as
may be necessary to the conduct of the work of the
judicial branch of Government (except the Supreme Court
unless otherwise provided pursuant to paragraph (17)),
and contracts for nonpersonal services providing
pretrial services, agencies, for the interpretation of
proceedings, and for the provision of special
interpretation services pursuant to section 1828 of
this title may be awarded without regard to [section
6101(b) to (d)] section 6101 of title 41;
* * *
(g)(1) When authorized to exchange personal property, the
Director may exchange or sell similar items and may apply the
exchange allowance or proceeds of sale in such cases in whole
or in part payment for the property acquired, but any
transaction carried out under the authority of this subsection
shall be evidenced in writing.
* * *
(4) The Director is hereby authorized:
(A) to enter into contracts for the acquisition of
severable services for a period that begins in one
fiscal year and ends in the next fiscal year to the
same extent as the head of an executive agency under
the authority of [section 253l of title 41, United
States Code] section 3902 of title 41;
(B) to enter into contracts for multiple years for
the acquisition of property and services to the same
extent as executive agencies under the authority of
[section 254c of title 41, United States Code] section
3903 of title 41; and
(C) to make advance, partial, progress or other
payments under contracts for property or services to
the same extent as executive agencies under the
authority of [section 255 of title 41, United States
Code] chapter 45 of title 41.
Sec. 624(3)
Sec. 624. Powers of the Board
The Board is authorized--
* * *
(3) to contract with and compensate government and
private agencies or persons for research projects and
other services, without regard to [section 6101(b) to
(d)] section 6101 of title 41, and to delegate such
contract authority to the Director of the Federal
Judicial Center, who is hereby empowered to exercise
such delegated authority.
Sec. 753(g)
Sec. 753. Reporters
* * *
(g) If, upon the advice of the chief judge of any district
court within the circuit, the judicial council of any circuit
determines that the number of court reporters provided such
district court pursuant to subsection (a) of this section is
insufficient to meet temporary demands and needs and that the
services of additional court reporters for such district court
should be provided the judges of such district court (including
the senior judges thereof when such senior judges are
performing substantial judicial services for such court) on a
contract basis, rather than by appointment of court reporters
as otherwise provided in this section, and such judicial
council notifies the Director of the Administrative Office, in
writing, of such determination, the Director of the
Administrative Office is authorized to and shall contract,
without regard to [section 6101(b) to (d)] section 6101 of
title 41, with any suitable person, firm, association, or
corporation for the providing of court reporters to serve such
district court under such terms and conditions as the Director
of the Administrative Office finds, after consultation with the
chief judge of the district court, will best serve the needs of
such district court.
Sec. 1491(a)(2)
Sec. 1491. Claims against United States generally; actions involving
Tennessee Valley Authority
(a)(1) The United States Court of Federal Claims shall have
jurisdiction to render judgment upon any claim against the
United States founded either upon the Constitution, or any Act
of Congress or any regulation of an executive department, or
upon any express or implied contract with the United States, or
for liquidated or unliquidated damages in cases not sounding in
tort. For the purpose of this paragraph, an express or implied
contract with the Army and Air Force Exchange Service, Navy
Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or
Exchange Councils of the National Aeronautics and Space
Administration shall be considered an express or implied
contract with the United States.
(2) To provide an entire remedy and to complete the relief
afforded by the judgment, the court may, as an incident of and
collateral to any such judgment, issue orders directing
restoration to office or position, placement in appropriate
duty or retirement status, and correction of applicable
records, and such orders may be issued to any appropriate
official of the United States. In any case within its
jurisdiction, the court shall have the power to remand
appropriate matters to any administrative or executive body or
official with such direction as it may deem proper and just.
The Court of Federal Claims shall have jurisdiction to render
judgment upon any claim by or against, or dispute with, a
contractor arising under section 7104(b)(1) of title 41,
including a dispute concerning termination of a contract,
rights in tangible or intangible property, compliance with cost
accounting standards, and other nonmonetary disputes on which a
decision of the contracting officer has been issued under
[section 6 of that Act] section 7103 (except subsection (c)(2))
of title 41.
TITLE 29--LABOR
Sec. 206(e) (Fair Labor Standards Act of 1938, Sec. 6(e))
Sec. 6. (a) Every employer shall pay to each of his employees
who in any workweek is engaged in commerce or in the production
of goods for commerce, or is employed in an enterprise engaged
in commerce or in the production of goods for commerce, wages
at the following rates:
* * *
(e)(1) Notwithstanding the provisions of section 13 of this
Act (except subsections (a)(1) and (f) thereof), every employer
providing any contract services (other than linen supply
services) under a contract with the United States or any
subcontract thereunder shall pay to each of his employees whose
rate of pay is not governed by [the Service Contract Act of
1965 (41 U.S.C. 351-357)] chapter 67 of title 41, United States
Code, or to whom subsection (a)(1) of this section is not
applicable, wages at rates not less than the rates provided for
in subsection (b) of this section.
(2) Notwithstanding the provisions of section 13 of this Act
(except subsections (a)(1) and (f) thereof) and the provisions
of [the Service Contract Act of 1965] chapter 67 of title 41,
United States Code,, every employer in an establishment
providing linen supply services to the United States under a
contract with the United States or any subcontract thereunder
shall pay to each of his employees in such establishment wages
at rates not less than those prescribed in subsection (b) of
this section, except that if more than 50 per centum of the
gross annual dollar volume of sales made or business done by
such establishment is derived from providing such linen supply
services under any such contracts or subcontracts, such
employer shall pay to each of his employees in such
establishment wages at rates not less than those prescribed in
subsection (a)(1) of this section.
Sec. 262(d) (Portal-to-Portal Act of 1947, Sec. 13(d))
Sec. 13. Definitions.--
* * *
(d) [The term ``Wash-Healey Act'' means the Act entitled ``An
Act to provide conditions for the purchase of supplies and the
making of contracts by the United States, and for other
purposes'', approved June 30, 1936 (49 Stat. 2036), as amended]
The term ``Walsh-Healy Act'' means chapter 65 of title 41,
United States Code; and the term ``Bacon-Davis Act'' means [the
Act entitled ``An Act to amend the Act approved March 3, 1931,
relating to the rate of wages for laborers and mechanics
employed by contractors and subcontractors on public
buildings'', approved August 30, 1935 (49 Stat. 1011), as
amended] sections 3141 through 3144, 3146, and 3147 of title
40, United States Code.
Sec. 653(b)(2) (Occupational Safety and Health Act of 1970,
Sec. 4(b)(2))
Sec. 4. (a) This Act shall apply with respect to employment
performed in a workplace in a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, the Trust Territory of the Pacific Islands, Lake
Island, Outer Continental Shelf lands defined in the Outer
Continental Shelf Lands Act, Johnston Island, and the Canal
Zone. The Secretary of the Interior shall, by regulation,
provide for judicial enforcement of this Act by the courts
established for areas in which there are no United States
district courts having jurisdiction.
(b)(1) Nothing in this Act shall apply to working conditions
of employees with respect to which other Federal agencies, and
State agencies acting under section 274 of the Atomic Energy
Act of 1954, as amended (42 U.S.C. 2021), exercise statutory
authority to prescribe or enforce standards or regulations
affecting occupational safety or health.
(2) The safety and health standards promulgated under [the
Act of June 30, 1936, commonly known as the Walsh-Healey Act
(41 U.S.C. 35 et seq.), the Service Contract Act of 1965 (41
U.S.C. 351 et seq.)] chapter 65 of title 41, United States
Code, chapter 67 of title 41, United States Code, Public Law
91-54, Act of August 9, 1969 (40 U.S.C. 333), Public Law 85-
742, Act of August 23, 1958 (33 U.S.C. 941), and the National
Foundation on Arts and Humanities Act (20 U.S.C. 951 et seq.)
are superseded on the effective date of corresponding
standards, promulgated under this Act, which are determined by
the Secretary to be more effective. Standards issued under the
laws listed in this paragraph and in effect on or after the
effective date of this Act shall be deemed to be occupational
safety and health standards issued under this Act, as well as
under such other chapters or Acts.
Sec. 671(e)(7) (Occupational Safety and Health Act of 1970,
Sec. 22(e)(7))
Sec. 22. (a) It is the purpose of this section to establish a
National Institute for Occupational Safety and Health in the
Department of Health and Human Services in order to carry out
the policy set forth in section 2 of this Act and to perform
the functions of the Secretary of Health and Human Services
under sections 20 and 21 of this Act.
* * *
(e) In addition to any authority vested in the Institute by
other provisions of this section, the Director, in carrying out
the functions of the Institute, is authorized to--
* * *
(7) enter into contracts, grants or other
arrangements, or modifications thereof to carry out the
provisions of this section, and such contracts or
modifications thereof may be entered into without
performance or other bonds, and without regard to
[section 3709 of the Revised Statutes, as amended (41
U.S.C. 5)] section 6101 of title 41, United States
Code, or any other provision of law relating to
competitive bidding;
Sec. 2887(a)(2)(A) (Workforce Investment Act of 1998,
Sec. 147(a)(2)(A))
SEC. 147. JOB CORPS CENTERS.
(a) Operators and Service Providers.--
* * *
(2) Selection process.--
(A) Competitive basis.--Except as provided in
[subsections (c) and (d) of section 303 of the
Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253)] section 3304(a)
through (c) of title 41, United States Code,
the Secretary shall select on a competitive
basis an entity to operate a Job Corps center
and entities to provide activities described in
this subchapter to the Job Corps center. In
developing a solicitation for an operator or
service provider, the Secretary shall consult
with the Governor of the State in which the
center is located, the industry council for the
Job Corps center (if established), and the
applicable local board regarding the contents
of such solicitation, including elements that
will promote the consistency of the activities
carried out through the center with the
objectives set forth in the State plan or in a
local plan.
TITLE 30--MINERAL LANDS AND MINING
Sec. 4 (Act of February 25, 1919, Sec. 2)
Sec. 2. The Secretary of the Interior is authorized and
directed to make experiments and investigations, through the
United States Bureau of Mines, of lignite coals and peat, to
determine the commercial and economic practicability of their
utilization in producing fuel oil, gasoline substitutes,
ammonia, tar, solid fuels, gas for power, and other purposes.
The Secretary of the Interior is authorized and directed
subject to applicable regulations under [the Federal Property
and Administrative Services Act of 1949, as amended] chapter 5
of title 40, United States Code, to sell or otherwise dispose
of any property, plant, or machinery purchased or acquired
under the provisions of this section, as soon as the
experiments and investigations authorized have been concluded,
and report the results of such experiments and investigations
to Congress.
Sec. 556(b) (Act of August 31, 1954, Sec. 6(b))
Sec. 6. In carrying out the provisions of section 3 of this
Act the Secretary of the Interior is authorized--
* * *
(b) to hire, with or without personal services, work
animals and animal-drawn and motor-propelled vehicles
and equipment, at rates to be approved by the Secretary
of the Interior and without regard to the provisions of
[section 3709 of the Revised Statutes (41 U.S.C. 5)]
section 6101 of title 41, United States Code;
Sec. 846 (Federal Mine Safety and Health Act of 1977, Sec. 206)
Sec. 206. On and after the operative date of this title, the
standards on noise prescribed under [the Walsh-Healey Public
Contracts Act, as amended] chapter 65 of title 41, United
States Code, in effect October 1, 1969, shall be applicable to
each coal mine and each operator of such mine shall comply with
them. Within six months after the date of enactment of this
Act, the Secretary of Health, Education, and Welfare shall
establish, and the Secretary shall publish, as provided in
section 101 of this Act, proposed mandatory health standards
establishing maximum noise exposure levels for all underground
coal mines. Beginning six months after the operative date of
this title, and at intervals of at least every six months
thereafter, the operator of each coal mine shall conduct, in a
manner prescribed by the Secretary of Health, Education, and
Welfare, tests by a qualified person of the noise level at the
mine and report and certify the results to the Secretary and
the Secretary of Health, Education, and Welfare. In meeting
such standard under this section, the operator shall not
require the use of any protective device or system, including
personal devices, which the Secretary or his authorized
representative finds to be hazardous or cause a hazard to the
miners in such mine.
Sec. 1711(c)(2) (Federal Oil and Gas Royalty Management Act of 1982,
Sec. 101(c)(2))
Sec. 101. (a) The Secretary shall establish a comprehensive
inspection, collection and fiscal and production accounting and
auditing system to provide the capability to accurately
determine oil and gas royalties, interest, fines, penalties,
fees, deposits, and other payments owed, and to collect and
account for such amounts in a timely manner.
* * *
(c)(1) The Secretary shall audit and reconcile, to the extent
practicable, all current and past lease accounts for leases of
oil or gas and take appropriate actions to make additional
collections or refunds as warranted. The Secretary shall
conduct audits and reconciliations of lease accounts in
conformity with the business practices and recordkeeping
systems which were required of the lessee by the Secretary for
the period covered by the audit. The Secretary shall give
priority to auditing those lease accounts identified by a State
or Indian tribe as having significant potential for
underpayment. The Secretary may also audit accounts and records
of selected lessees and operators.
(2) The Secretary may enter into contracts or other
appropriate arrangements with independent certified public
accountants to undertake audits of accounts and records of any
lessee or operator relating to the lease of oil or gas.
Selection of such independent certified public accountants
shall be by competitive bidding in accordance with the [Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
252)] provisons referred to in section 171(b) and (c) of title
41, United States Code, except that the Secretary may not enter
into a contract or other arrangement with any independent
certified public accountant to audit any lessee or operator
where such lessee or operator is a primary audit client of such
certified public accountant.
TITLE 31--MONEY AND FINANCE
Sec. 501 note (Financial Services and General Government Appropriations
Act, 2010, Sec. 743(i))
Sec. 743. (a) Service Contract Inventory Requirement.--
* * *
(i) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given the term in [section
4 of the Office of Federal Procurement Policy Act (41 U.S.C.
403)] section 133 of title 41, United States Code.
Sec. 501 note (National Defense Authorization Act for Fiscal Year 2010,
Sec. 326)
SEC. 326. REQUIREMENT FOR DEBRIEFING RELATED TO CONVERSION OF
FUNCTIONS FROM PERFORMANCE BY FEDERAL EMPLOYEES TO PERFORMANCE
BY A CONTRACTOR.
The Administrator for Federal Procurement Policy shall revise
the Federal Acquisition Regulation to allow for debriefings of
Federal employee representatives designated pursuant to
3551(2)(B) of title 31, United States Code, to the same extent
and under the same circumstances as any offeror, in the case of
a conversion of any function from performance by Federal
employees to performance by a contractor. Such debriefings will
conform to the requirements of section 2305(b)(6)(A) of title
10, United States Code, [section 303B(f) of the Federal
Property and Administrative Services Act of 1949 ([former] 41
U.S.C. 253b(f))] section 3705 of title 41, United States Code,
and subparts 15.505 and 15.506 (as in effect on the date of the
enactment of this Act) of the Federal Acquisition Regulation.
Sec. 501 note (Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009, Sec. 321(a))
SEC. 321. COMPREHENSIVE ANALYSIS AND DEVELOPMENT OF SINGLE
GOVERNMENT-WIDE DEFINITION OF INHERENTLY GOVERNMENTAL FUNCTION
AND CRITERIA FOR CRITICAL FUNCTIONS.
(a) Development and Implementation.--The Director of the
Office of Management and Budget, in consultation with
appropriate representatives of the Chief Acquisition Officers
Council under [section 16A of the Office of Federal Procurement
Policy Act (41 U.S.C. 414b)] subchapter II of chapter 13 of
title 41, United States Code, and the Chief Human Capital
Officers Council under section 1401 of title 5, United States
Code, shall--
Sec. 501 note (Financial Services and General Government Appropriations
Act, 2008, Sec. 739(a)(2)(C))
Sec. 739. (a) Requirement for Public-Private Competition.--
* * *
(2) This paragraph shall not apply to--
* * *
(C) a commercial or industrial type function
that--
(i) is included on the procurement
list established pursuant to [section 2
of the Javits-Wagner-O'Day Act (41
U.S.C. 47)] section 8503 of title 41,
United States Code; or
(ii) is planned to be converted to
performance by a qualified nonprofit
agency for the blind or by a qualified
nonprofit agency for other severely
handicapped individuals in accordance
with [that Act] chapter 85 of title 41
United States Code;
Sec. 501 note (Transportation, Treasury, and Independent Agencies
Appropriations Act, 2004, Sec. 647(f))
Sec. 647. (a) Limitation on Conversion to Contractor
Performance.--None of the funds appropriated by this Act shall
be available to convert to contractor performance an activity
or function of an executive agency, that on or after the date
of enactment of this Act, is performed by more than 10 Federal
employees unless--
* * *
(f) In this section, the term ``executive agency'' has the
meaning given such term in [section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403)] section 133 of title
41, United States Code.
Sec. 702 note (Legislative Branch Appropriations Act, 2008,
Sec. 1501(d))
Sec. 1501. Contracts Appeal Board. (a) Definitions.--In this
section--
* * *
(d) Provisions Applicable to Appeals.--[The Contract Disputes
Act of 1978 (Public Law 95-563, 41 U.S.C. 601 et seq.), as
amended] Chapter 71 of title 41, United States Code, shall
apply to appeals to the Board, except that [section 4,
subsections 8(a), (b), and (c), and subsection 10(a)] sections
7102(d), 7104(b), and 7105(a), (c), (d), and (e)(1)(C) of title
41, United States Code, shall not apply to such appeals and the
amount of any claim referenced in [subsection 6(c)] subsections
(b) and (f) of section 7103 of title 41, United States Code,
shall be $50,000. The Comptroller General shall prescribe
regulations for procedures for appeals to the Board that are
consistent with procedures under [the Contract Disputes Act of
1978] chapter 71 of title 41, United States Code.
Sec. 781(c)(1)
Sec. 781. Authority over the General Accounting Office Building
* * *
(c)(1) The Comptroller General is authorized to enter into
agreements or contracts to acquire property or services on such
terms and conditions and in such a manner as he deems necessary
and without regard to [section 6101(b) to (d)] section 6101 of
title 41; except that the Comptroller General may not acquire
real property unless specifically authorized by law. In
exercising the authority granted by this section, the
Comptroller General shall obtain full and open competition in
accordance with the principles and purposes of the Competition
in Contracting Act of 1984.
Sec. 1113 note (Public Law 107-74, Sec. 1(17))
SEC. 1. REPORTS.
Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any
report required to be submitted under any of the following
provisions of law:
* * *
(17) [Section 303(c)(7) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253(c)(7))] Section 3304(a)(7) of title 41, United
States Code.
Sec. 1113 note (Public Law 106-65, Sec. 1031(13))
SEC. 1031. PRESERVATION OF CERTAIN DEFENSE REORTING
REQUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any
report required to be submitted under any of the following
provisions of law:
* * *
(13) [Section 3732 of the Revised Statutes, popularly
known as the `Food and Forage Act' (41 U.S.C. 11)]
Section 6301(a) and (b) of title 41, United States
Code.
Sec. 1535 note (Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009, Sec. 865(d)(1))
SEC. 865. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.
* * *
(d) Definitions.--In this section:
(1) The term ``executive agency'' has the meaning
given such term in [section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1))]
section 133 of title 41, United States Code, except
that, in the case of a military department, it means
the Department of Defense.
Sec. 3321 note (Improper Payments Elimination and Recovery Act of 2010,
Sec. 2(h)(2)(C)(i))
SEC. 2. IMPROPER PAYMENTS ELIMINATION AND RECOVERY.
* * *
(h) Recovery Audits.--
* * *
(2) In general.--
* * *
(C) Recovery audit contracts.--With respect
to recovery audits procured by an agency by
contract--
(i) subject to subparagraph (B)(iii),
and except to the extent such actions
are outside the agency's authority, as
defined by [section 605(a) of the
Contract Disputes Act of 1978 (41
U.S.C. 605(a))] section 7103(a),
(c)(1), (d) and (e) of title 41, United
States Code, the head of the agency may
authorize the contractor to notify
entities (including persons) of
potential overpayments made to such
entities, respond to questions
concerning potential overpayments, and
take other administrative actions with
respect to overpayment claims made or
to be made by the agency; and
Sec. 3718(b)(1)(A)
Sec. 3718. Contracts for collection services
* * *
(b)(1)(A) The Attorney General may make contracts retaining
private counsel to furnish legal services, including
representation in negotiation, compromise, settlement, and
litigation, in the case of any claim of indebtedness owed the
United States. Each such contract shall include such terms and
conditions as the Attorney General considers necessary and
appropriate, including a provision specifying the amount of the
fee to be paid to the private counsel under such contract or
the method for calculating that fee. The amount of the fee
payable for legal services furnished under any such contract
may not exceed the fee that counsel engaged in the private
practice of law in the area or areas where the legal services
are furnished typically charge clients for furnishing legal
services in the collection of claims of indebtedness, as
determined by the Attorney General, considering the amount,
age, and nature of the indebtedness and whether the debtor is
an individual or a business entity. Nothing in this
subparagraph shall relieve the Attorney General of the
competition requirements set forth in [division C (except
sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle
I] the provisions referred to in section 171(c) of title 41.
Sec. 3903 note (Prompt Payment Act Amendments of 1988, Sec. 11)
Sec. 11. (a) The Federal Acquisition Regulation shall be
modified to provide appropriate solicitation provisions and
contract clauses that implement chapter 39 of title 31, United
States Code, as amended by this Act, and the regulations
prescribed under section 3903 of such title (as amended).
(b) The solicitation provisions and contract clauses required
by subsection (a) of this section shall include (but not be
limited to) the following matters:
(1) Authority for a contracting officer to specify
for a contract or class of contracts a specific payment
period, which--
* * *
(C) in the case of payments for items of
property or services in an amount less than the
amount specified as a small purchase in
[section 303(g)(2) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253(g)(2))] section 3305(b) of title 41, United
States Code, does not exceed 15 days after the
date of receipt of the invoice, if--
* * *
(c) The regulations required by subsection (a) of this
section shall be published as proposed regulations for public
comment as provided in [section 22 of the Office of Federal
Procurement Policy Act (41 U.S.C. 418b)] section 1707 of title
41, United States Code, within 120 days after the date of the
enactment of this Act.
Sec. 5114(a)(3)
Sec. 5114. Engraving and printing currency and security documents
(a) Authority To Engrave and Print.--
* * *
(3) Procurement guidelines.--Articles, material, and
supplies procured for use in the production of
currency, postage stamps, and other security documents
for foreign governments pursuant to paragraph (2) shall
be treated in the same manner as articles, material,
and supplies procured for public use within the United
States for purposes of [title III of the Act of March
3, 1933 (41 U.S.C. 10a et seq.; commonly referred to as
the Buy American Act)] chapter 83 of title 41.
Sec. 6101 note (Federal Funding Accountability and Transparency Act of
2006, Sec. 2(b)(1))
SEC. 2. FULL DISCLOSURE OF ENTITIES RECEIVING FEDERAL FUNDING.
* * *
(b) In General.--
(1) Website.--Not later than January 1, 2008, the
Office of Management and Budget shall, in accordance
with this section, section 204 of the E-Government Act
of 2002 (Public Law 107-347; 44 U.S.C. 3501 note), and
the [Office of Federal Procurement Policy Act (41
U.S.C. 403 et seq.)] provisions referred to in section
172(b) of title 41, United States Code, ensure the
existence and operation of a single searchable website,
accessible by the public at no cost to access, that
includes for each Federal award--
Sec. 6101 note (Federal Acquisition Streamlining Act of 1994,
Sec. 2455(c)(1))
SEC. 2455. UNIFORM SUSPENSION AND DEBARMENT.
* * *
(c) Definitions.--In this section:
(1) The term ``procurement activities'' means all
acquisition programs and activities of the Federal
Government, as defined in the Federal Acquisition
Regulation. Such term includes subcontracts at any
tier, other than subcontracts for commercially
available off-the-shelf items (as defined in [section
35(c) of the Office of Federal Procurement Policy Act
(41 U.S.C. 431(c))] section 104 of title 41, United
States Code), except that in the case of a contract for
commercial items, such term includes only first-tier
subcontracts.
Sec. 9703(b)(3) (as added by section 638(b)(1) of the Treasury
Forfeiture Fund Act of 1992)
Sec. 9703. Department of the Treasury Forfeiture Fund
* * *
(b) Limitations.--
* * *
(3) The Secretary may exempt the procurement of
contract services under the Fund from [division C
(except sections 3302, 3501(b), 3509, 3906, 4710, and
4711) of subtitle I] the provisions referred to in
section 171(c) of title 41, [section 6101(b) to (d)]
section 6101 of title 41, and other provisions of law
as may be necessary to maintain the security and
confidentiality of related criminal investigations.
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
Sec. 578(a) (River and Harbor Act of 1960, Sec. 108(a))
Sec. 108. (a) Whenever the Secretary of the Army, upon the
recommendation of the Chief of Engineers, determines that
notwithstanding [the Federal Property and Administrative
Services Act of 1949 (63 Stat. 377), as amended] chapter 5 of
title 40, United States Code with respect to disposal of
surplus real property, (1) the development of public port or
industrial facilities on land which is part of a water resource
development project under his jurisdiction will be in the
public interest; (2) that such development will not interfere
with the operation and maintenance of the project; and (3) that
disposition of the property for these purposes under this
section will serve the objectives of the project within which
the land is located, he may convey the land by quitclaim deed
to a State, political subdivision thereof, port district, port
authority, or other body created by the State or through a
compact between two or more States for the purpose of
developing or encouraging the development of such facilities.
In any case, where two or more political subdivisions thereof,
or bodies created by, a State or group of States, seek to
obtain the same land, the Secretary of the Army shall give
preference to that political subdivision or body whose intended
use of land will, in his opinion, best promote the purposes for
which the project involved was authorized.
Sec. 702m (Act of May 15, 1928, Sec. 14)
Sec. 14. In every contract or agreement to be made or entered
into for the acquisition of land either by private sale or
condemnation as in this Act provided the provisions contained
in [section 3741 of the Revised Statutes being section 22 of
title 41 of the United States Code] section 6306(a) of title
41, United States Code shall be applicable.
Sec. 891d(a)(1) (NOAA Fleet Modernization Act, Sec. 606(a)(1))
SEC. 606. CONTRACT AUTHORITY.
(a) Multiyear Contracts.--
(1) In general.--Subject to paragraphs (2) and (3),
and notwithstanding section 1341 of title 31, [United
States Code and section 3732 of the Revised Statutes of
the United States (41 U.S.C. 11)] United States Code,
and section 6301(a) and (b) of title 41, United States
Code, the Secretary may acquire vessels for the NOAA
fleet by purchase, lease, lease-purchase, or otherwise,
under one or more multiyear contracts.
Sec. 941(b)(5) (Longshore and Harbor Workers' Compensation Act,
Sec. 41(b)(5))
Sec. 41. (a) Every employer shall furnish and maintain
employment and places of employment which shall be reasonably
safe for his employees in all employments covered by this Act
and shall install, furnish, maintain, and use such devices and
safeguards with particular reference to equipment used by and
working conditions established by such employers as the
Secretary may determine by regulation or order to be reasonably
necessary to protect the life, health, and safety of such
employees, and to render safe such employment and places of
employment, and to prevent injury to his employees. However,
the Secretary may not make determinations by regulation or
order under this section as to matters within the scope of
title 52 of the Revised Statutes and Acts supplementary or
amendatory thereto, the Act of June 15, 1917 (ch. 30, 40 Stat.
220), as amended, or section 4(e) of the Act of August 7, 1953
(ch. 345, 67 Stat. 462), as amended.
(b) The Secretary, in enforcing and administering the
provisions of this section, is authorized in addition to such
other powers and duties as are conferred upon him--
* * *
(5) to hold such hearings, issue such orders, and
make such decisions, based upon findings of fact, as
are deemed to be necessary to enforce the provisions of
this section, and for such purposes the Secretary and
the district courts shall have the authority and
jurisdiction provided by [section 5 of the Act of June
30, 1936 (ch. 881, 49 Stat. 2036, as amended,] section
6507(b) through (f) of title 41, United States Code and
the Secretary shall be represented in any court
proceedings as provided in the Act of May 4, 1928 (ch.
502, 45 Stat. 390), as amended.
Sec. 1123(c)(4)(D) (National Sea Grant College Program Act,
Sec. 204(c)(4)(D))
SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.
(a) Program Maintenance.--The Secretary shall maintain within
the Administration a program to be known as the national sea
grant college program. The national sea grant college program
shall be administered by a national sea grant office within the
Administration.
* * *
(c) Responsibilities of the Secretary.--
* * *
(4) To carry out the provisions of this title, the
Secretary may--
* * *
(D) enter into contracts, cooperative
agreements, and other transactions without
regard to [section 5 of title 41] section 6101
of title 41, United States Code;
Sec. 1254 (Federal Water Pollution Control Act, Sec. 104)
Sec. 104. (a) The Administrator shall establish national
programs for the prevention, reduction, and elimination of
pollution and as part of such programs shall--
* * *
(b) In carrying out the provisions of subsection (a) of this
section the Administrator is authorized to--
* * *
(4) contract with public or private agencies,
institutions, organizations, and individuals, without
regard to [sections 3648 and 3709 of the Revised
Statutes (31 U.S.C. 529; 41 U.S.C. 5] section 3324(a)
and (b) of title 31, United States Code, and section
6101 of title 41, United States Code, referred to in
paragraph (1) of subsection (a);
* * *
(g)(1) For the purpose of providing an adequate supply of
trained personnel to operate and maintain existing and future
treatment works and related activities, and for the purpose of
enhancing substantially the proficiency of those engaged in
such activities, the Administrator shall finance pilot
programs, in cooperation with State and interstate agencies,
municipalities, educational institutions, and other
organizations and individuals, of manpower development and
training and retraining of persons in, on entering into, the
field of operation and maintenance of treatment works and
related activities. Such program and any funds expended for
such a program shall supplement, not supplant, other manpower
and training programs and funds available for the purposes of
this paragraph. The Administrator is authorized, under such
terms and conditions as he deems appropriate, to enter into
agreements with one or more States, acting jointly or
severally, or with other public or private agencies or
institutions for the development and implementation of such a
program.
* * *
(3) In furtherance of the purposes of this Act, the
Administrator is authorized to--
(A) make grants to public or private agencies and
institutions and to individuals for training projects,
and provide for the conduct of training by contract
with public or private agencies and institutions and
with individuals without regard to [sections 3648 and
3709 of the Revised Statutes] section 3324(a) and (b)
of title 31, United States Code, and section 6101 of
title 41, United States Code;
Sec. 1368(f)(2) (Federal Water Pollution Control Act, Sec. 508(f)(2))
Sec. 508. (a) No Federal agency may enter into any contract
with any person, who has been convicted of any offense under
section 309(c) of this Act, for the procurement of goods,
materials, and services if such contract is to be performed at
any facility at which the violation which gave rise to such
conviction occurred, and if such facility is owned, leased, or
supervised by such person. The prohibition in the preceding
sentence shall continue until the Administrator certifies that
the condition giving rise to such conviction has been
corrected.
* * *
(f)(1) No certification by a contractor, and no contract
clause, may be required in the case of a contract for the
acquisition of commercial items in order to implement a
prohibition or requirement of this section or a prohibition or
requirement issued in the implementation of this section.
(2) In paragraph (1), the term ``commercial item'' has the
meaning given such term in [section 4(12) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(12))] section 103
of title 41, United States Code.
TITLE 35--PATENTS
Sec. 1 note (Omnibus Budget Reconciliation Act of 1990, Sec. 10102)
SEC. 10102. FEDERAL AGENCY STATUS.
For the purposes of Federal law, the Patent and Trademark
Office shall be considered a Federal agency. In particular, the
Patent and Trademark Office shall be subject to all Federal
laws pertaining to the procurement of goods and services that
would apply to a Federal agency using appropriated funds,
including the [Federal Property and Administrative Services Act
of 1949 and the Office of Federal Procurement Policy Act]
provisions referred to in sections 171(b) and (c) and 172(b) of
title 41, United States Code.
Sec. 2(b)(4)(A)
Sec. 2. Powers and duties
* * *
(b) Specific Powers.--The Office--
* * *
(4)(A) may make such purchases, contracts for the
construction, maintenance, or management and operation
of facilities, and contracts for supplies or services,
without regard to the provisions of subtitle I and
chapter 33 of title 40, [division C (except sections
3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle
I] the provisions referred to in section171(c) of title
41, and the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301 et seq.); and
TITLE 38--VETERANS' BENEFITS
Sec. 1966(a)
Sec. 1966. Eligible insurance companies
(a) The Secretary is authorized, without regard to [section
6101(b) to (d) of title 41] section 6101 of title 41, to
purchase from one or more life insurance companies a policy or
policies of group life insurance to provide the benefits
specified in this subchapter. Each such life insurance company
must (1) be licensed to issue life insurance in each of the
fifty States of the United States and in the District of
Columbia, and (2) as of the most recent December 31 for which
information is available to the Secretary, have in effect at
least 1 percent of the total amount of group life insurance
which all life insurance companies have in effect in the United
States.
Sec. 2412(c)(1)
Sec. 2412. Lease of land and buildings
* * *
(c) Lease to Public or Nonprofit Organizations.--(1) A lease
under subsection (a) to any public or nonprofit organization
may be made without regard to the provisions of [section 3709
of the Revised Statutes (41 U.S.C. 5)] section 6101 of title
41.
Sec. 3720(b)
Sec. 3720. Powers of Secretary
* * *
(b) The powers granted by this section may be exercised by
the Secretary without regard to any other provision of law not
enacted expressly in limitation of this section, which
otherwise would govern the expenditure of public funds, except
that [division C (except sections 3302, 3501(b), 3509, 3906,
4710, and 4711) of subtitle I] the provisions referred to in
section 171(c) of title 41 shall apply to any contract for
services or supplies on account of any property acquired
pursuant to this section.
Sec. 7317(f)
Sec. 7317. Hazardous research projects: indemnification of contractors
* * *
(f) In administering the provisions of this section, the
Secretary may use the facilities and services of private
insurance organizations and may contract to pay a reasonable
compensation therefor. Any contract made under the provisions
of this section may be made without regard to the provisions of
[section 6101(b) to (d)] section 6101 of title 41, upon a
showing by the Secretary that advertising is not reasonably
practicable, and advance payments may be made under any such
contract.
Sec. 7802(f)
Sec. 7802. Duties of Secretary with respect to Service
* * *
(f) Contracts and Agreements.--The Secretary shall make all
necessary contracts or agreements to purchase or sell
merchandise, fixtures, equipment, supplies, and services,
without regard to [section 6101(b) to (d)] section 6101 of
title 41 and to do all things necessary to carry out such
contracts or agreements, including the making of necessary
adjustments and compromising of claims in connection therewith.
Sec. 8122(a)(1)
Sec. 8122. Authority to procure and dispose of property and to
negotiate for common services
(a)(1) The Secretary may lease for a term not exceeding three
years lands or buildings, or parts or parcels thereof,
belonging to the United States and under the Secretary's
control. Any lease made pursuant to this subsection to any
public or nonprofit organization may be made without regard to
the provisions of [section 6101(b) to (d)] section 6101 of
title 41. Notwithstanding section 1302 of title 40, or any
other provision of law, a lease made pursuant to this
subsection to any public or nonprofit organization may provide
for the maintenance, protection, or restoration, by the lessee,
of the property leased, as a part or all of the consideration
for the lease. Prior to the execution of any such lease, the
Secretary shall give appropriate public notice of the
Secretary's intention to do so in the newspaper of the
community in which the lands or buildings to be leased are
located. The proceeds from such leases, less expenses for
maintenance, operation, and repair of buildings leased for
living quarters, shall be covered into the Treasury of the
United States as miscellaneous receipts.
Sec. 8201(e)
Sec. 8201. Coordination with public health programs; administration
* * *
(e) In carrying out the purposes of this chapter, the
Secretary may lease to any eligible institution for such
consideration and under such terms and conditions as the
Secretary deems appropriate, such land, buildings, and
structures (including equipment therein) under the control and
jurisdiction of the Department as may be necessary. The three-
year limitation on the term of a lease prescribed in section
8122(a) of this title shall not apply with respect to any lease
entered into pursuant to this chapter, but no such lease may be
for a period of more than 50 years. Any lease entered into
pursuant to this chapter may be entered into without regard to
the provisions of [section 6101(b) to (d)] section 6101 of
title 41. Notwithstanding section 1302 of title 40, or any
other provision of law, a lease entered into pursuant to this
chapter may provide for the maintenance, protection, or
restoration, by the lessee, of the property leased, as a part
or all of the consideration of the lease.
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
Public Law 111-350, Sec. 5(l)(23)
SEC. 5. CONFORMING CROSS-REFERENCES.
* * *
(l) Title 40.--Title 40, United States Code, is amended as
follows:
* * *
(23) In section 8711(d), strike ``section 3709 of the
Revised [Statutes] Statues (41 U.S.C. 5)'' and
substitute ``section 6101(b) to (d) of title 41''.
Sec. The analysis for chapter 1
CHAPTER 1--GENERAL
* * *
SUBCHAPTER II--SCOPE
111. Application to [division C (except sections 3302, 3501(b), 3509,
3906, 4710, and 4711) of subtitle I] the provisions referred
to in section 171(c) of title 41.
Sec. 102 (matter before (1))
Sec. 102. Definitions
The following definitions apply in chapters 1 through 7 of
this title [and in division C (except sections 3302, 3501(b),
3509, 3906, 4710, and 4711) of subtitle I of title 41]:
Sec. 111. Application to [division C (except sections 3302, 3501(b),
3509, 3906, 4710, and 4711) of subtitle I] the
provisions referred to in section 171(c) of title
41
In the following provisions, the words ``this subtitle'' are
deemed to refer also to [division C (except sections 3302,
3501(b), 3509, 3906, 4710, and 4711) of subtitle I] the
provisions referred to in section 171(c) of title 41:
Sec. 113(b)
Sec. 113. Limitations
* * *
(b) Limitation Regarding [Division B (Except Sections 1704
and 2303) of Subtitle I] the Provisions Referred to in Section
172(b) of Title 41.--The authority conferred by this subtitle
is subject to [division B (Except Sections 1704 and 2303) of
subtitle I] the provisions referred to in section 172(b) of
title 41.
Sec. 311
Sec. 311. Personnel
(a) Appointment and Compensation.--The Administrator of
General Services, subject to chapters 33 and 51 and subchapter
III of chapter 53 of title 5, may appoint and fix the
compensation of personnel necessary to carry out chapters 1, 3,
and 5 of this title and [division C (except sections 3302,
3501(b), 3509, 3906, 4710, and 4711) of subtitle I] the
provisions referred to in section 171(c) of title 41.
(b) Temporary Employment.--The Administrator may procure the
temporary or intermittent services of experts or consultants
under section 3109 of title 5 to the extent the Administrator
finds necessary to carry out chapters 1, 3, and 5 of this title
and [division C (except sections 3302, 3501(b), 3509, 3906,
4710, and 4711) of subtitle I] the provisions referred to in
section 171(c) of title 41.
Sec. 501(b)(2)(B)
Sec. 501. Services for executive agencies
* * *
(b) Procurement and Supply.--
* * *
(2) Policies and methods.--
* * *
(B) Controlling regulation.--Policies and
methods prescribed by the Administrator of
General Services under this paragraph are
subject to regulations prescribed by the
Administrator for Federal Procurement Policy
under [division B (except sections 1704 and
2303) of subtitle I] the provisions referred to
in section 172(b) of title 41.
Sec. 503(b)(3)
Sec. 503. Exchange or sale of similar items
* * *
(b) Applicable Regulation and Law.--
(1) Regulations prescribed by administrator of
general services.--A transaction under subsection (a)
must be carried out in accordance with regulations the
Administrator of General Services prescribes, subject
to regulations prescribed by the Administrator for
Federal Procurement Policy under [division B (except
sections 1704 and 2303) of subtitle I] the provisions
referred to in section 172(b) of title 41.
* * *
(3) [Section 6101(b) to (d)] Section 6101 of title
41.--[Section 6101(b) to (d) of title 41] Section 6101
applies to a sale of property under subsection (a),
except that fixed price sales may be conducted in the
same manner and subject to the same conditions as are
applicable to the sale of property under section 545(d)
of this title.
Sec. 506(a)(1)(D)
Sec. 506. Inventory controls and systems
(a) Activities of the Administrator of General Services.--
(1) In general.--Subject to paragraph (2), and after
adequate advance notice to affected executive agencies,
the Administrator of General Services may undertake the
following activities as necessary to carry out
functions under this chapter:
* * *
(D) Standard purchase specifications and
standard forms and procedures.--Prescribe
standard purchase specifications and standard
forms and procedures (except forms and
procedures that the Comptroller General
prescribes by law) subject to regulations the
Administrator for Federal Procurement Policy
prescribes under [division B (except sections
1704 and 2303) of subtitle I] the provisions
referred to in section 172(b) of title 41.
Sec. 545(f)
Sec. 545. Procedure for disposal
* * *
(f) Applicability of Other Law.--[Section 6101(b)-(d)]
Section 6101 of title 41 does not apply to a disposal or
contract for disposal made under this section.
Sec. 1103 note (Services Acquisition Reform Act of 2003, division A,
Sec. 1427(b))
SEC. 1427. IMPROVEMENTS IN CONTRACTING FOR ARCHITECTURAL AND
ENGINEERING SERVICES.
* * *
(b) Archtectural and Engineering Services.--Architectural and
engineering services (as defined in section 1102 of title 40,
United States Code) shall not be offered under multiple-award
schedule contracts entered into by the Administrator of General
Services or under Governmentwide task and delivery order
contracts entered into under sections 2304a and 2304b of title
10, United States Code, or [sections 303H and 303I of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253h and 253i)] sections 4103 and 4105 of title 41,
United States Code, unless such services--
Sec. 1305
Sec. 1305. Disposition of land acquired by devise
The General Services Administration may take custody, for
disposal as excess property under [this subtitle and division C
(except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of
subtitle I of title 41] chapter 5 of this title, of land
acquired by the Federal Government by devise.
Sec. 1308
Sec. 1308. Disposition of unfit horses and mules
Subject to applicable regulations under this subtitle and
[division C (except sections 3302, 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I] the provisions referred to in section
171(c) of title 41, horses and mules belonging to the Federal
Government that have become unfit for service may be destroyed
or put out to pasture, either on pastures belonging to the
Government or those belonging to financially sound and
reputable humane organizations whose facilities permit them to
care for the horses and mules during the remainder of their
natural lives, at no cost to the Government.
Sec. 3148
Sec. 3148. Application of this subchapter to certain contracts
This subchapter applies to a contract authorized by law that
is made without regard to [section 6101(b) to (d) of title 41]
section 6101 of title 41, or on a cost-plus-a-fixed-fee basis
or otherwise without advertising for proposals, if this
subchapter otherwise would apply to the contract.
Sec. 3304(d)(2)
Sec. 3304. Acquisition of buildings and sites
* * *
(d) Solicitation of Proposals for Sale, Donation, or Exchange
of Real Property.--When the Administrator is to acquire a site
under subsection (b), the Administrator, if the Administrator
considers it necessary, by public advertisement may solicit
proposals for the sale, donation, or exchange of real property
to the Federal Government to be used as the site. In selecting
a site under subsection (b) the Administrator (with the
concurrence of the United States Postal Service if any part of
the public building to be constructed on the site is to be used
for post office purposes) may--
* * *
(2) acquire the site without regard to [division C
(except sections 3302, 3501(b), 3509, 3906, 4710, and
4711) of subtitle I] the provisions referred to in
section 171(c) of title 41.
Sec. 3305(a)
Sec. 3305. Construction and alteration of buildings
(a) Construction.--
(1) Replacement of existing buildings.--When the
Administrator of General Services considers it to be in
the best interest of the Federal Government to
construct a new public building to take the place of an
existing public building, the Administrator may
demolish the existing building and use the site on
which it is located for the site of the proposed public
building. If the Administrator believes that it is more
advantageous to construct the public building on a
different site in the same city, the Administrator may
exchange the building and site, or the site, for
another site, or may sell the building and site in
accordance with [subtitle I of this title and division
C (except sections 3302, 3501(b), 3509, 3906, 4710, and
4711) of subtitle I of title 41] chapter 5 of this
title.
(2) Sale or exchange of sites.--When the
Administrator decides that a site acquired for the
construction of a public building is not suitable for
that purpose, the Administrator may exchange the site
for another site, or may sell it in accordance with
[subtitle I of this title and division C (except
sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of
subtitle I of title 41] chapter 5 of this title.
Sec. 3308(a)
Sec. 3308. Architectural or engineering services
(a) Employment by Administrator.--When the Administrator of
General Services decides it to be necessary, the Administrator
may employ, by contract or otherwise, without regard to
chapters 33 and 51 and subchapter III of chapter 53 of title 5,
civil service rules and regulations, or [section 6101(b) to
(d)] section 6101 of title 41, the services of established
architectural or engineering corporations, firms, or
individuals, to the extent the Administrator may require those
services for any public building authorized to be constructed
or altered under this chapter.
Sec. 3313(g)
Sec. 3313. Use of energy efficient lighting fixtures and bulbs
* * *
(g) Applicability of [Buy American Act] Chapter 83 of Title
41.--Acquisitions carried out pursuant to this section shall be
subject to the requirements of [the Buy American Act (41 U.S.C.
10c et seq.)] chapter 83 of title 41.
Sec. 6111(b)(2)(D)
Sec. 6111. Supreme Court Building
* * *
(b) Availability of Appropriations.--Amounts appropriated
under--
* * *
(2) the heading ``Supreme Court of the United
States'' and ``care of the building and grounds'' are
available for--
* * *
(D) without compliance with [section 6101(b)
to (d)] section 6101 of title 41--
Sec. 8711(d)
Sec. 8711. National Capital Planning Commission
* * *
(d) Personnel.--The National Capital Planning Commission may
employ a Director, an executive officer, and other technical
and administrative personnel as it considers necessary. Without
regard to [section 6101(b) to (d)] section 6101 of title 41 and
section 3109, chapters 33 and 51, and subchapter III of chapter
53, of title 5, the Commission may employ, by contract or
otherwise, the temporary or intermittent (not more than one
year) services of city planners, architects, engineers,
appraisers, and other experts or organizations of experts, as
may be necessary to carry out its functions. The Commission
shall fix the rate of compensation so as not to exceed the rate
usual for similar services.
Sec. 11302 note (Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001, section 1 [H.R. 5408], Sec. 813)
SEC. 813. APPROPRIATE USE OF REQUIREMENTS REGARDING EXPERIENCE
AND EDUCATION OF CONTRACTOR PERSONNEL IN THE PROCUREMENT OF
INFORMATION TECHNOLOGY SERVICES.
(a) Amendment of the Federal Acquisition Regulation.--Not
later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulation issued in accordance
with [sections 6 and 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 405 and 421)] sections 1121 and 1303 of
title 41, United States Code shall be amended to address the
use, in the procurement of information technology services, of
requirements regarding the experience and education of
contractor personnel.
* * *
(d) Definitions.--In this section:
(1) The term ``executive agency'' has the meaning
given that term in [section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1))]
section 133 of title 41, United States Code.
Sec. Subtitle V
SUBTITLE V--REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT
* * *
CHAPTER [1] 151--GENERAL PROVISIONS
* * *
CHAPTER [2] 153--REGIONAL COMMISSIONS
* * *
CHAPTER [3] 155--FINANCIAL ASSISTANCE
* * *
CHAPTER [4] 157--ADMINISTRATIVE PROVISIONS
TITLE 41--PUBLIC CONTRACTS
Public Law 111-350, Sec. 7(b)
SEC. 7. REPEALS.
* * *
(b) Repealer Schedule.--The laws specified in the following
schedule are repealed, except for rights and duties that
matured, penalties that were incurred, and proceedings that
were begun before the date of enactment of this Act.
Schedule of Laws Repealed
Statutes at Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Statutes at Large U.S. Code (title 41 unless otherwise
Chapter or Public ----------------------------- specified)
Date Law Section ----------------------------------------
Volume Page Existing Proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * *
1933
Mar. 3........................... 212................. title III, Sec. 1........ 47 1520............... 10c 8301
* * *
................... title III, Sec. 4........ ...... ................... [10b-1] 10c note ..............
* * *
1946
Mar. 8........................... 80.................. [1....................... 60 37................. 51 ]
* *
[1954
May 11........................... 199................. 1........................ 68 81................. 321 ..............
................... 2........................ 68 81................. 322 ]
* * *
1978
* * *
Nov. 1........................... 95-563.............. [1....................... 92 2383............... 601 note ]
* * *
................... [16...................... 92 2391............... 601 note ]
--------------------------------------------------------------------------------------------------------------------------------------------------------
The analysis for chapter 1
CHAPTER 1--DEFINITIONS
* * *
SUBCHAPTER III--DIVISION C DEFINITIONS
* * *
154. Additional definitions.
SUBCHAPTER IV--REFERENCES TO PROVISIONS FORMERLY CONTAINED IN OTHER LAWS
171. References to provisions formerly contained in the Federal
Property and Administrative Services Act of 1949.
172. References to provisions formerly contained in the Office of
Federal Procurement Policy Act.
Sec. Sec. 154, 171, 172
Sec. 154. Additional definitions
In the provisions referred to in section 171(c), the terms
``executive agency'', ``Federal agency'', and ``property'' have
the same meanings given in section 102 of title 40.
SUBCHAPTER IV--REFERENCES TO PROVISIONS FORMERLY CONTAINED IN OTHER
LAWS
Sec. 171. References to provisions formerly contained in Federal
Property and Administrative Services Act of 1949
(a) Translation of Obsolete References.--This section
provides a convenient form for references to provisions
formerly contained in the Federal Property and Administrative
Services Act of 1949.
(b) Provisions Formerly Contained in Federal Property and
Administrative Services Act of 1949 (Other Than Title III).--
Provisions formerly contained in the Federal Property and
Administrative Services Act of 1949 (other than title III) are
restated in chapters 1 through 11 of title 40.
(c) Provisions Formerly Contained in Title III of Federal
Property and Administrative Services Act of 1949.--Provisions
formerly contained in title III of the Federal Property and
Administrative Services Act of 1949 are restated in the
following provisions of this title:
(1) Chapter 31.
(2) Sections 3301, 3303 through 3305, 3306(a) through
(e), 3307(a) through (d), and 3308 through 3311.
(3) Sections 3501(a) and 3502 through 3509.
(4) Chapter 37.
(5) Sections 3901 through 3903 and 3905.
(6) Sections 4101, 4105, and 4106.
(7) Chapter 43.
(8) Chapter 45.
(9) Sections 4701 through 4706 and 4709.
Sec. 172. References to provisions formerly contained in the Office of
Federal Procurement Policy Act
(a) Translation of Obsolete References.--This section
provides a convenient form for references to provisions
formerly contained in the Office of Federal Procurement Policy
Act.
(b) Provisions Formerly Contained in Office of Federal
Procurement Policy Act.--Provisions formerly contained in the
Office of Federal Procurement Policy Act are restated in the
following provisions of this title:
(1) Sections 1101, 1102, 1121(a) through (c)(1) and
(c)(3) through (f), 1122, 1124 through 1127, and 1130.
(2) Chapter 13.
(3) Chapter 15.
(4) Sections 1701, 1702, 1703(a) through (h), (i)(2)
through (8), and (k), 1705, and 1707 through 1712.
(5) Sections 1901 through 1903, 1905 through 1907,
and 1908(b)(1) and (2), (c)(1) and (2), and (d) through
(f).
(6) Chapter 21.
(7) Sections 2301, 2302, 2305 through 2310, and 2312.
Sec. 1101 note (Department of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act,
1993, Sec. 502)
Sec. 502. No part of any appropriation contained in this Act
or subsequent Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Acts shall
be expended by an executive agency, as referred to in [the
Office of Federal Procurement Policy Act (41 U.S.C. 401 et
seq.)] section 133 of title 41, United States Code, pursuant to
any obligation for services by contract, unless such executive
agency has awarded and entered into such contract in full
compliance with [such Act] the provisions referred to in
section 172(b) of title 41, United States Code and regulations
promulgated thereunder.
Sec. 1122 note (Small Business Reauthorization Act of 1997,
Sec. 414(a))
SEC. 414. REPORTING OF BUNDLED CONTRACT OPPORTUNITIES.
(a) Data Collection Required.--The Federal Procurement Data
System described in [section 6(d)(4)(A) of the Office of
Federal Procurement Policy Act (41 U.S.C. 405(d)(4)(A))]
section 1122(a)(4)(A) of title 41, United States Code, shall be
modified to collect data regarding bundling of contract
requirements when the contracting officer anticipates that the
resulting contract price, including all options, is expected to
exceed $5,000,000. The data shall reflect a determination made
by the contracting officer regarding whether a particular
solicitation constitutes a contract bundling.
Sec. 1122 note (Federal Acquisition Streamlining Act of 1994,
Sec. 10004)
SEC. 10004. DATA COLLECTION THROUGH FEDERAL PROCUREMENT DATA
SYSTEM.
(a) Data Collection Required.--The Federal Procurement Data
System described in [section 6(d)(4)(A) of the Office of
Federal Procurement Policy Act (41 U.S.C. 405(d)(4)(A))]
section 1122(a)(4)(A) of title 41, United States Code, shall be
modified to collect from contracts in excess of the simplified
acquisition threshold data identifying the following matters:
* * *
(b) Definition.--In this section, the term ``simplified
acquisition threshold'' has the meaning given such term in
[section 4(11) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(11))] section 134 of title 41, United States
Code.
Sec. 1127 note National Defense Authorization Act for Fiscal Year 1998,
Sec. 808(g))
SEC. 808. LIMITATION ON ALLOWABILITY OF COMPENSATION FOR
CERTAIN CONTRACTOR PERSONNEL.
* * *
(g) Definitions.--In this section:
(1) The term ``covered contract'' has the meaning
given such term in section 2324(l) of title 10, United
States Code, and section 306(l) of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C.
256(l))] section 4301(2) of title 41, United States
Code.
(2) The terms ``compensation'' and ``senior
executives'' have the meanings given such terms in
section 2324(l) of title 10, United States Code, and
[section 306(m) of the Federal Property and
Administrative Services Act of 1949] section 4301 of
title 41, United States Code.
Sec. 1303(a)(1)
Sec. 1303. Functions and authority
(a) Functions.--
(1) Issue and maintain federal acquisition
regulation.--Subject to sections 1121, 1122(a) to
(c)(1), 1125, 1126, 1130, 1131, and 2305 of this title,
the Administrator of General Services, the Secretary of
Defense, and the Administrator of National Aeronautics
and Space, pursuant to their respective authorities
under division C of this subtitle, chapters 4 and 137
of title 10, and [the National Aeronautics and Space
Act of 1958 (42 U.S.C. 2451 et seq.)] chapter 201 of
title 51, shall jointly issue and maintain in
accordance with subsection (d) a single Government-wide
procurement regulation, to be known as the Federal
Acquisition Regulation.
Sec. 1502 note (National Defense Authorization Act of Fiscal Year 2000,
Sec. 802)
SEC. 802. STREAMLINED APPLICABILITY OF COST ACCOUNTING
STANDARDS.
* * *
(c) Regulation on Types of CAS Coverage.--(1) The
Administrator for Federal Procurement Policy shall revise the
rules and procedures prescribed pursuant to [section 26(f) of
the Office of Federal Procurement Policy Act (41 U.S.C.
422(f))] section 1502(a) and (b) of title 41, United States
Code, to the extent necessary to increase the thresholds
established in section 9903.201-2 of title 48 of the Code of
Federal Regulations from $25,000,000 to $50,000,000.
(2) Paragraph (1) requires only a change of the statement of
a threshold condition in the regulation referred to by section
number in that paragraph, and shall not be construed as--
`(A) a ratification or expression of approval of--
* * *
(ii) the manner in which [section 26 of the
Office of Federal Procurement Policy Act]
chapter 15 of title 41, United States Code, is
administered through the regulation; or
* * *
(g) Inapplicability of Standards to Certain Contracts.--The
cost accounting standards issued pursuant to [section 26(f) of
the Office of Federal Procurement Policy Act (41 U.S.C.
422(f)), as amended by this section] section 1502(a) and (b) of
title 41, United States Code, as in effect on February 10,
1996, and amended by this section, shall not apply during
fiscal year 2000 with respect to a contract entered into under
the authority provided in chapter 89 of title 5, United States
Code (relating to health benefits for Federal employees).
(h) Construction Regarding Certain Not-For-Profit Entities.--
The amendments made by subsections (a) and (b) shall not be
construed as modifying or superseding, nor as intended to
impair or restrict, the applicability of the cost accounting
standards described in [section 26(f) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f)) section 1502(a) and
(b) of title 41, United States Code, to--
* * *
(i) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect 180 days after the date of enactment
of this Act, and shall apply with respect to--
* * *
(2) determinations made on or after such effective
date regarding whether a segment of a contractor or
subcontractor is subject to the cost accounting
standards under [section 26(f) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f))] section
1502(a) and (b) of title 41, United States Code,
regardless of whether the contracts on which such
determinations are made were entered into before, on,
or after such date.
Sec. 1703(i)(6)
Sec. 1703. Acquisition workforce
* * *
(i) Training Fund.--
* * *
(6) Amounts not to be used for other purposes.--The
Administrator of General Services, through the Office
of Federal [Procurememt] Procurement Policy, shall
ensure that amounts collected under this section are
not used for a purpose other than the activities set
forth in section 1201(a) of this title.
Sec. 1703 note (National Defense Authorization Act for Fiscal Year
2006, Sec. 821(c))
SEC. 821. PARTICIPATION BY DEPARTMENT OF DEFENSE IN ACQUISITION
WORKFORCE TRAINING FUND.
* * *
(c) Defense Acquisition University Funding.--Amounts
transferred under [section 37(h)(3)(D) of the Office of Federal
Procurement Policy Act (as amended by subsection (a))] section
1703(i)(5) of title 41, United States Code, for use by the
Defense Acquisition University shall be in addition to other
amounts authorized for the University.
Sec. 1703 note (Federal Acquisition Streamlining Act of 1994,
Sec. 5051(c)(2)(A))
SEC. 5051. PERFORMANCE BASED MANAGEMENT.
* * *
(c) Enhanced System of Performance Incentives.--Within one
year after the date of the enactment of this Act, the Deputy
Director for Management of the Office of Management and Budget,
in consultation with appropriate officials in other departments
and agencies of the Federal Government, shall, to the maximum
extent consistent with applicable law--
* * *
(2) review the incentives and personnel actions
available to the heads of departments and agencies of
the Federal Government for encouraging excellence in
the acquisition workforce of the Federal Government and
provide an enhanced system of incentives for the
encouragement of excellence in such workforce which--
(A) relates pay to performance (including the
extent to which the performance of personnel in
such workforce contributes to achieving the
cost goals, schedule goals, and performance
goals established for acquisition programs
pursuant to [section 313(b) of the Federal
Property and Administrative Services Act of
1949, as added by subsection (a)] section
3103(b) of title 41, United States Code; and
Sec. 1709 note (Federal Acquisition Streamlining Act of 1994,
Sec. 6002(b))
SEC. 6002. CONTRACTING FUNCTIONS BY FEDERAL PERSONNEL.
* * *
(b) Requirement for Guidance and Regulations.--The Federal
Acquisition Regulatory Council established by [section 25(a) of
the Office of Federal Procurement Policy Act (41 U.S.C.
421(a))] section 1302(a) of title 41, United States Code,
shall--
Sec. 1902 note (Small Business Jobs Act of 2010, Sec. 1332)
SEC. 1332. MICRO-PURCHASE GUIDELINES.
Not later than 1 year after the date of enactment of this
Act, the Director of the Office of Management and Budget, in
coordination with the Administrator of General Services, shall
issue guidelines regarding the analysis of purchase card
expenditures to identify opportunities for achieving and
accurately measuring fair participation of small business
concerns in purchases in an amount not in excess of the micro-
purchase threshold, as defined in [section 32 of the Office of
Federal Procurement Policy Act (41 U.S.C. 428)] section 1902 of
title 41, United States Code (in this section referred to as
``micro-purchases''), consistent with the national policy on
small business participation in Federal procurements set forth
in sections 2(a) and 15(g) of the Small Business Act (15 U.S.C.
631(a) and 644(g)), and dissemination of best practices for
participation of small business concerns in micro-purchases.
Sec. 2313
Sec. 2313. Database for Federal agency contract and grant officers and
suspension and debarment officials
* * *
(c) Information Included.--With respect to a covered person,
the database shall include information (in the form of a brief
description) for the most recent 5-year period regarding the
following:
(1) Each civil or criminal proceeding, or any
administrative proceeding, in connection with the award
or performance of a contract or grant with the Federal
Government with respect to the person during the period
to the extent that the proceeding results in the
following dispositions:
* * *
(E) In an administrative proceeding, a final
determination of contractor fault by the
Secretary of Defense pursuant to section 823(d)
of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84, 10 U.S.C.
2302 note).
* * *
(e) Use of Database.--
[(1) Availability to government officials.--The
Administrator of General Services shall ensure that the
information in the database is available to appropriate
acquisition officials of Federal agencies, other
government officials as the Administrator of General
Services determines appropriate, and, on request, the
Chairman and Ranking Member of the committees of
Congress having jurisdiction.]
(1) Availability.--
(A) To government officials.--The
Administrator of General Services shall ensure
that the information in the database is
available to appropriate acquisition officials
of Federal agencies, other government officials
as the Administrator of General Services
determines appropriate, and, on request, the
Chairman and Ranking Member of the committees
of Congress having jurisdiction.
(B) To the public.--The Administrator of
General Services shall post the information in
the database, excluding past performance
reviews, on a publicly available website.
The analysis for chapter 31
CHAPTER 31--GENERAL
Sec.
* * *
[3103. Acquisition programs.] Goals for major acquisition programs.
Sec. 3103
Sec. 3103. [Acquisition programs] Goals for major acquisition programs.
note prec. 3901 (Federal Property and Administrative Services Act of
1949, Sec. 317(b)(3)(B))
SEC. 317. SHARE-IN-SAVINGS CONTRACTS.
* * *
(b) Cancellation and Termination.--(1) If funds are not made
available for the continuation of a share-in-savings contract
entered into under this section in a subsequent fiscal year,
the contract shall be canceled or terminated. The costs of
cancellation or termination may be paid out of--
* * *
(3)(A) Subject to subparagraph (B), the head of an executive
agency may enter into share-in-savings contracts under this
section in any given fiscal year even if funds are not made
specifically available for the full costs of cancellation or
termination of the contract if funds are available and
sufficient to make payments with respect to the first fiscal
year of the contract and the following conditions are met
regarding the funding of cancellation and termination
liability:
* * *
(B) The aggregate number of share-in-savings contracts that
may be entered into under subparagraph (A) by all executive
agencies to which [this chapter] the provisions referred to in
section 171(c) of title 41, United States Code apply in a
fiscal year may not exceed 5 in each of fiscal years 2003,
2004, and 2005.
Sec. 4304 note (Federal Acquisition Streamlining Act of 1994,
Sec. 2192(b)(2))
SEC. 2192. REVISION OF COST PRINCIPLE RELATING TO
ENTERTAINMENT, GIFT, AND RECREATION COST FOR CONTRACTOR
EMPLOYEES.
* * *
(b) Definitions.--In this section:
* * *
(2) The term ``covered contract'' has the meaning
given such term in section 2324(l) of title 10, United
States Code (as amended by section 2101(c)), and
[section 306(l) of the Federal Property and
Administrative Services Act of 1949 (as added by
section 2151)] section 4301(2) of title 41, United
States Code.
Sec. 6503(b)
Sec. 6503. Breach or violation of required contract terms
* * *
(b) Liquidated Damages.--In addition to damages for any other
breach of the contract, the party responsible for a breach or
violation described in subsection (a) is liable to the Federal
Government for the following liquidated damages:
(1) An amount equal to the sum of $10 per day for
each individual under 16 years of age [and each
incarcerated] or each incarcerated individual knowingly
employed in the performance of the contract.
(2) An amount equal to the sum of [each underpayment]
underpayments of wages due an employee engaged in the
performance of the contract, including any
underpayments arising from deductions, rebates, or
refunds.
Sec. 6504
Sec. 6504. Three-year prohibition on new contracts in case of breach or
violation
(a) Distribution of List.--The Comptroller General shall
distribute to [each agency] all agencies of the United States a
list containing the names of persons or firms found by the
Secretary to have breached or violated a representation or
stipulation included in a contract under section 6502 of this
title.
(b) Three-Year Prohibition.--Unless the Secretary recommends
otherwise, a contract [described in section 6502 of this title]
may not be awarded to a person named on the list under
subsection (a), or to a firm, corporation, partnership, or
association in which the person has a controlling interest,
until 3 years have elapsed from the date of the determination
by the Secretary that a breach or violation occurred.
Sec. 6506(b)
Sec. 6506. Administrative provisions
* * *
(b) Regulations.--The Secretary may make, amend, and rescind
rules and regulations as may be necessary to carry out this
chapter.
Sec. 6507
Sec. 6507. Hearing authority and procedures
* * *
(b) Authority To Hold Hearings.--The Secretary or an
impartial representative designated by the Secretary may hold
hearings when there is a complaint of breach or violation of a
representation or stipulation [included in a contract] included
in a proposal or contract under section 6502 of this title. The
Secretary may initiate hearings on the Secretary's own motion
or on the application of a person affected by the ruling of an
agency of the United States relating to a proposal or contract
under this chapter.
* * *
(d) Enforcement of Orders.--If a person refuses or fails to
obey an order issued under subsection (c), the Secretary or [an
impartial] a representative designated by the Secretary may
bring an action to enforce the order in a district court of the
United States or in the district court of a territory or
possession of the United States. A court has jurisdiction to
enforce the order if the inquiry is being carried out within
the court's judicial district or if the person is found or
resides or transacts business within the court's judicial
district. The court may issue an order requiring the person to
obey the order issued under subsection (c), and the court may
punish any further refusal or failure as contempt of court.
Sec. 6508
Sec. 6508. Authority to make exceptions
(a) Duty of the Secretary To Make Exceptions.--When the head
of [an agency] the contracting agency of the United States
makes a written finding that the inclusion of representations
or stipulations under section 6502 of this title in a proposal
or contract will seriously impair the conduct of Federal
Government business, the Secretary shall make exceptions, in
specific cases or otherwise, when justice or the public
interest will be served.
(b) Authority of the Secretary To Modify Existing
Contracts.--When [an agency] the contracting agency of the
United States and a contractor jointly recommend, the Secretary
may modify the terms of an existing contract with respect to
minimum wages and maximum hours of labor as the Secretary finds
necessary and proper in the public interest or to prevent
injustice and undue hardship.
(c) Authority of the Secretary To Allow Limitations,
Variations, Tolerances, and Exemptions.--The Secretary may
provide reasonable limitations and may prescribe rules and
regulations to allow reasonable variations, tolerances, and
exemptions in the application of this chapter to contractors,
including with respect to minimum wages and maximum hours of
labor.
Sec. 6701(3)(A)
Sec. 6701. Definitions
In this chapter:
* * *
(3) Service employee.--The term ``service
employee''--
(A) means an individual engaged in the
performance of a contract made by the Federal
Government or the District of Columbia and not
exempted under section 6702(b) of this title,
whether negotiated or advertised, the principal
purpose of which is to furnish services in the
United States;
Sec. 6702(a)
Sec. 6702. Contracts to which this chapter applies
(a) In General.--Except as provided in subsection (b), this
chapter applies to any contract or bid specification for a
contract, whether negotiated or advertised, that--
(1) is made by the Federal Government or the District
of Columbia; and
[(2) involves an amount exceeding $2,500; and]
[(3)] (2) has as its principal purpose the furnishing
of services in the United States through the use of
service employees.
Sec. 6703
Sec. 6703. Required contract terms
A contract, and bid specification for a contract, to which
this chapter applies under section 6702 of this title and
involves an amount exceeding $2,500 shall contain the following
terms:
(1) Minimum wage.--The contract and bid specification
shall contain a provision specifying the minimum wage
to be paid to [each class of service employee] the
various classes of service employees engaged in the
performance of the contract or any subcontract, as
determined by the Secretary or the Secretary's
authorized representative, in accordance with
prevailing rates in the locality, or, where a
collective-bargaining agreement covers the service
employees, in accordance with the rates provided for in
the agreement, including prospective wage increases
provided for in the agreement as a result of arm's
length negotiations. In any case the minimum wage may
not be less than the minimum wage specified in section
6704 of this title.
(2) Fringe benefits.--The contract and bid
specification shall contain a provision specifying the
fringe benefits to be provided to [each class of
service employee] the various classes of service
employees engaged in the performance of the contract or
any subcontract, as determined by the Secretary or the
Secretary's authorized representative to be prevailing
in the locality, or, where a collective-bargaining
agreement covers the service employees, to be provided
for under the agreement, including prospective fringe
benefit increases provided for in the agreement as a
result of arm's-length negotiations. The fringe
benefits shall include medical or hospital care,
pensions on retirement or death, compensation for
injuries or illness resulting from occupational
activity, or insurance to provide any of the foregoing,
unemployment benefits, life insurance, disability and
sickness insurance, accident insurance, vacation and
holiday pay, costs of apprenticeship or other similar
programs and other bona fide fringe benefits not
otherwise required by Federal, State, or local law to
be provided by the contractor or subcontractor. The
obligation under this paragraph may be discharged by
furnishing any equivalent combinations of fringe
benefits or by making equivalent or differential
payments in cash under rules and regulations
established by the Secretary.
* * *
(5) General schedule pay rates and prevailing rate
systems.--The contract and bid specification shall
contain a statement of the rates that would be paid by
the Federal agency to [each class of service employee]
the various classes of service employees if section
5332 or 5341 of title 5 were applicable to them. The
Secretary shall give due consideration to these rates
in making the wage and fringe benefit determinations
specified in this section.
Sec. 6705
Sec. 6705. Violations
* * *
(b) Recovery of Amounts Underpaid to Employees.--
(1) Withholding accrued payments due on contracts.--
[The total amount] An amount determined under
subsection (a) to be due any employee engaged in the
performance of a contract may be withheld from accrued
payments due on the contract or on any other contract
between the same contractor and the Federal Government.
The amount withheld shall be held in a deposit fund. On
order of the Secretary, the compensation found by the
Secretary or the head of a Federal agency to be due an
underpaid employee pursuant to this chapter shall be
paid from the deposit fund directly to the underpaid
employee.
(2) Bringing actions against contractors.--If the
accrued payments withheld under the terms of the
contract are insufficient to reimburse [a service
employee] all service employees with respect to whom
there has been a failure to pay the compensation
required pursuant to this chapter, the Federal
Government may bring action against the contractor,
subcontractor, or any sureties in any court of
competent jurisdiction to recover the remaining amount
of underpayment. Any amount recovered shall be held in
the deposit fund and shall be paid, on order of the
Secretary, directly to the [underpaid employee]
underpaid employees. Any amount not paid to an employee
because of inability to do so within 3 years shall be
covered into the Treasury as miscellaneous receipts.
* * *
(d) Enforcement of Section.--In accordance with rules and
regulations prescribed pursuant to section 6707(a)-(d) of this
title, the Secretary or the head of [a Federal agency] the
Federal agency may carry out this section.
Sec. 6706(b)
Sec. 6706. Three-year prohibition on new contracts in case of violation
* * *
(b) Three-Year Prohibition.--Unless the Secretary recommends
otherwise because of unusual circumstances, a Federal
Government contract may not be awarded to a person or firm
named on the list under subsection (a), or to an entity in
which the person or firm has a substantial interest, until 3
years have elapsed from the date of publication of the list. If
the Secretary does not recommend otherwise because of unusual
circumstances, the Secretary shall, not later than 90 days
after [a hearing examiner] an administrative law judge has made
a finding of a violation of this chapter, forward to the
Comptroller General the name of the person or firm found to
have violated this chapter.
Sec. 6707
Sec. 6707. Enforcement and administration of chapter
(a) Enforcement of Chapter.--Sections 6506 and [6507] 6507(b)
through (f) of this title govern the Secretary's authority to
enforce this chapter, including the Secretary's authority to
prescribe rules and regulations, issue orders, hold hearings,
make decisions based on findings of fact, and take other
appropriate action under this chapter.
(b) Limitations and Regulations for Variations, Tolerances,
and Exemptions.--The Secretary may provide reasonable
limitations and may prescribe rules and regulations allowing
reasonable variation, tolerances, and exemptions with respect
to this chapter (other than subsection (f)), but only in
special circumstances where the Secretary determines that the
limitation, variation, tolerance, or exemption is necessary and
proper in the public interest or to avoid the serious
impairment of Federal Government business, and is in accord
with the remedial purpose of this chapter to protect prevailing
labor standards.
(c) Preservation of Wages and Benefits Due Under Predecessor
Contracts.--
(1) In general.--Under a contract which succeeds a
contract subject to this chapter, and under which
substantially the same services are furnished, a
contractor or subcontractor may not pay a service
employee less than [the wages and fringe benefits the
service employee would have received under the
predecessor contract, including accrued wages and
fringe benefits and any prospective increases in wages
and fringe benefits provided for in a collective-
bargaining agreement as a result of arm's-length
negotiations] the wages and fringe benefits provided
for in a collective-bargaining agreement as a result of
arm's-length negotiations to which the service
employees would have been entitled if they were
employed under the predecessor contract, including
accrued wages and fringe benefits and any prospective
increases in wages and fringe benefits provided for in
the collective-bargaining agreement.
(2) Exception.--This subsection does not apply if the
Secretary finds after a hearing in accordance with
regulations adopted by the Secretary that wages and
fringe benefits [under the predecessor contract]
established under the predecessor contract through
collective bargaining are substantially at variance
with wages and fringe benefits prevailing in the same
locality for services of a similar character.
(d) Duration of Contracts.--Subject to limitations in annual
appropriation acts but notwithstanding any other law, a
contract to which this chapter applies may, if authorized by
the Secretary, be for any term of years not exceeding 5, if the
contract provides for periodic adjustment of wages and fringe
benefits pursuant to future determinations, issued in the
manner prescribed in section 6703 of this title at least once
every 2 years during the term of the contract, covering [each
class of service employee] the various classes of service
employees.
* * *
The analysis for subtitle III
Subtitle III--Contract Disputes
Chapter Sec.
Contract Disputes.............................................7101
Limitation on Judicial Review of Administrative Decisions.....7301
Sec. 7105
Sec. 7105. Agency boards
* * *
(b) Civilian Board.--
* * *
(4) Functions.--
(A) In general.--The Civilian Board has
jurisdiction as provided by [subsection
(e)(1)(B)] subparagraphs (B) and (D) of
subsection (e)(1).
* * *
(D) Central intelligence agency contracts.--
The Armed Services Board or the Civilian Board,
as specified by a contracting officer of the
Central Intelligence Agency as the agency board
to which an appeal of a decision of that
contracting officer relative to a contract made
by the Central Intelligence Agency may be made,
has jurisdiction to decide that appeal.
([D] E) Postal Service Board.--
chapter 73
CHAPTER 73--LIMITATION ON JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
Sec.
7301. Applicability.
7302. In general.
7303. Prohibition of contract provision relating to finality on a
question of law.
Sec. 7301. Applicability
This chapter applies to public contracts not subject to
chapter 71 of this title.
Sec. 7302. In general
(a) Limitation on Pleading.--No provision of a contract the
United States enters into that relates to the finality or
conclusiveness of a decision by the head of an agency, a
representative of the head of the agency, or a board in a
dispute involving a question arising under the contract shall
be pleaded in a civil action as limiting judicial review of the
decision to cases where fraud by the official, representative,
or board is alleged.
(b) Finality and Conclusiveness of Decision.--A decision
referred to in subsection (a) is final and conclusive unless it
is fraudulent, capricious, arbitrary, or so grossly erroneous
as necessarily to imply bad faith or is not supported by
substantial evidence.
Sec. 7303. Prohibition of contract provision relating to finality on a
question of law
``No Government contract may contain a provision making final
on a question of law the decision of an administrative
official, representative, or board.
Sec. 8301 note (Energy and Water Development Appropriations Act, 1989,
Sec. 508(a))
SEC. 508. IMPLEMENATION OF BUY AMERICAN ACT WITH RESPECT TO
CERTAIN WATER RESOURCE PROJECTS.
Sec. 508. (a) General Rule.--For purposes of [title III of
the Act of March 3, 1933 (47 Stat. 1520; 41 U.S.C. 10a-10c),
commonly known as the Buy American Act] chapter 83 of title 41,
United States Code, a cofferdam or any other temporary
structure to be constructed by the Secretary of the Army,
acting through the Chief of Engineers, shall be treated in the
same manner as a permanent dam constructed by the Secretary of
the Army.
Sec. 8501 note (John Warner National Defense Authorization Act for
Fiscal Year 2007, Sec. 856(a))
SEC. 856. CONTRACTING WITH EMPLOYERS OF PERSONS WITH
DISABILITIES.
(a) Inapplicability of Certain Laws.--
(1) Inapplicability of the randolph-sheppard act to
contracts and subcontracts for military dining facility
support services covered by [javits-wagner-o'day act]
chapter 85 of title 41, united states code.--The
Randolph-Sheppard Act (20 U.S.C. 107 et seq.) does not
apply to full food services, mess attendant services,
or services supporting the operation of a military
dining facility that, as of the date of the enactment
of this Act, were services on the procurement list
established under [section 2 of the Javits-Wagner-O'Day
Act (41 U.S.C. 47)] section 8503 of title 41, United
States Code.
(2) Inapplicability of the [javits-wagner-o'day act]
chapter 85 of title 41, united states code to contracts
for the operation of a military dining facility.--(A)
[The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.)]
Chapter 85 of title 41, United States Code, does not
apply at the prime contract level to any contract
entered into by the Department of Defense as of the
date of the enactment of this Act with a State
licensing agency under the Randolph-Sheppard Act (20
U.S.C. 107 et seq.) for the operation of a military
dining facility.
(B) [The Javits-Wagner-O'Day Act] Chapter 85 of title
41, United States Code, shall apply to any subcontract
entered into by a Department of Defense contractor for
full food services, mess attendant services, and other
services supporting the operation of a military dining
facility.
Sec. 8501 note (National Defense Authorization Act for Fiscal Year
2006, Sec. 848(b))
SEC. 848. STATEMENT OF POLICY AND REPORT RELATING TO
CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES.
(b) Statement of Policy.--The Secretary of Defense, the
Secretary of Education, and the Chairman of the Committee for
Purchase From People Who Are Blind or Severely Disabled shall
jointly issue a statement of policy related to the
implementation of the Randolph-Sheppard Act (20 U.S.C. 107 et
seq.) and [the Javits-Wagner-O'Day Act (41 U.S.C. 48)] chapter
85 of title 41, United States Code, within the Department of
Defense and the Department of Education. The joint statement of
policy shall specifically address the application of [those
Acts] the Randolph-Sheppard Act and chapter 85 of title 41,
United States Code, to both operation and management of all or
any part of a military mess hall, military troop dining
facility, or any similar dining facility operated for the
purpose of providing meals to members of the Armed Forces, and
shall take into account and address, to the extent practicable,
the positions acceptable to persons representing programs
implemented under [each Act] the Randolph-Sheppard Act or
chapter 85 of title 41, United States Code.
TITLE 42--THE PUBLIC HEALTH AND WELFARE
Sec. 238m(b)(1) (Public Health Service Act, Sec. 244(b)(1))
Sec. 244. (a) The Secretary may enter into contracts with
fiscal agents--
* * *
(b)(1) Contracts under subsection (a) of this section may be
entered into without regard to [section 3709 of the Revised
Statutes (41 U.S.C. 5)] section 6101 of title 41, United States
Code, or any other provision of law requiring competition.
Sec. 242k(f) (Public Health Service Act, Sec. 306(f))
Sec. 306. (a) There is established in the Department of
Health and Human Services the National Center for Health
Statistics (hereinafter in this section referred to as the
``Center'') which shall be under the direction of a Director
who shall be appointed by the Secretary. The Secretary, acting
through the Center, shall conduct and support statistical and
epidemiological activities for the purpose of improving the
effectiveness, efficiency, and quality of health services in
the United States.
* * *
(f) To assist in carrying out this section, the Secretary,
acting through the Center, shall cooperate and consult with the
Departments of Commerce and Labor and any other interested
Federal departments or agencies and with State and local health
departments and agencies. For such purpose he shall utilize
insofar as possible the services or facilities of any agency of
the Federal Government and, without regard to [section 3709 of
the Revised Statutes (41 U.S.C. 5)] section 6101 of title 41,
United States Code, of any appropriate State or other public
agency, and may, without regard to such section, utilize the
services or facilities of any private agency, organization,
group, or individual, in accordance with written agreements
between the head of such agency, organization, or group and the
Secretary or between such individual and the Secretary.
Payment, if any, for such services or facilities shall be made
in such amounts as may be provided in such agreement.
Sec. 242m(f) (Public Health Service Act, Sec. 308(f))
Sec. 308. (a)(1) Not later than March 15 of each year, the
Secretary shall submit to the President and Congress the
following reports:
* * *
(f) Contracts without regard to section 3324 of title 31 and
[section 3709 of the Revised Statutes (41 U.S.C. 5)] section
6101 of title 41, United States Code.
Sec. 247d-6a(b) (Public Health Service Act, Sec. 319F-1(b))
SEC. 319F-1. AUTHORITY FOR USE OF CERTAIN PROCEDURES REGARDING
QUALIFIED COUNTERMEASURE RESEARCH AND DEVELOPMENT ACTIVITIES.
* * *
(b) Expedited Procurement Authority.--
(1) Increased simplified acquisition threshold for
qualified countermeasure procurements.--
(A) In general.--For any procurement by the
Secretary of property or services for use (as
determined by the Secretary) in performing,
administering, or supporting qualified
countermeasure research or development
activities under this section that the
Secretary determines necessary to respond to
pressing research and development needs under
this section, the amount specified in [section
4(11) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(11))] section 134 of
title 41, United States Code, as applicable
pursuant to [section 302A of the Federal
Property and Administrative Services Act of
1949 (41 U.S.C. 252a(a))] section 3101(b)(1)(A)
of title 41, United States Code, shall be
deemed to be $25,000,000 in the administration,
with respect to such procurement, of--
(i) [section 303(g)(1)(A) of the
Federal Property and Administrative
Services Act of 1949 (41 U.S.C.
253(g)(1)(A))] section 3305(a)(1) of
title 41, United States Code, and its
implementing regulations; and
(ii) [section 302A of such Act (41
U.S.C. 252a(b))] section 3101(b)(1)(B)
of title 41, United States Code, and
its implementing regulations.
(B) Application of certain provisions.--
Notwithstanding subparagraph (A) and the
provision of law and regulations referred to in
such subparagraph, each of the following
provisions shall apply to procurements
described in this paragraph to the same extent
that such provisions would apply to such
procurements in the absence of subparagraph
(A):
* * *
(ii) [Subsections (a) and (b) of
section 7 of the Anti-Kickback Act of
1986 (41 U.S.C. 57(a) and (b))] Section
8703(a) of title 41, United States
Code.
(iii) [Section 304C of the Federal
Property and Administrative Services
Act of 1949 (41 U.S.C. 254d)] Section
4706 of title 41, United States Code
(relating to the examination of
contractor records).
* * *
(v) [Subsection (a) of section 304 of
the Federal Proprety and Administrative
Services Act of 1949 (41 U.S.C. 254(a))
Section 3901 of title 41, United States
Code (relating to contingent fees to
middlemen).
* * *
(2) Procedures other than full and open
competition.--
(A) In general.--In using the authority
provided in [section 303(c)(1) of title III of
the Federal Proeperty and Administrative
Services Act of 1949 (41 U.S.C. 253(c)(1))]
section 3304(a)(1) of title 41, United States
Code, to use procedures other than competitive
procedures in the case of a procurement
described in paragraph (1) of this subsection,
the phrase ``available from only one
responsible source'' in [such section
303(c)(1)] such section 3304(a)(1) shall be
deemed to mean ``available from only one
responsible source or only from a limited
number of responsible sources''.
* * *
(C) Applicable government-wide regulations.--
The Secretary shall implement this paragraph in
accordance with government-wide regulations
implementing [such section 303(c)(1)] such
section 3304(a)(1) (including requirements that
offers be solicited from as many potential
sources as is practicable under the
circumstances, that required notices be
published, and that submitted offers be
considered), as such regulations apply to
procurements for which an agency has authority
to use procedures other than competitive
procedures when the property or services needed
by the agency are available from only one
responsible source or only from a limited
number of responsible sources and no other type
of property or services will satisfy the needs
of the agency.
(3) Increased micropurchase threshold.--
(A) In general.-For a procurement described
by paragraph (1), the amount specified in
[subsections (c), (d), and (f) of section 32 of
the Office of Federal Procurement Policy Act
(41 U.S.C. 428)] section 1902(a), (d), and (e)
of title 41, United States Code, shall be
deemed to be $15,000 in the administration of
that section with respect to such procurement.
Sec. 247d-6b(c)(7)(C) (Public Health Service Act, Sec. 319F-2(c)(7)(C))
SEC. 319F-2. STRATEGIC NATIONAL STOCKPILE AND SECURITY
COUNTERMEASURE PROCUREMENTS.
* * *
(c) Additional Authority Regarding Procurement of Certain
Countermeasures; Availability of Special Reserve Fund.--
* * *
(7) Procurement.--
* * *
(C) Procument.--
* * *
(ii) Contract terms.--A contract for
procurements under this subsection
shall (or, as specified below, may)
include the following terms:
* * *
(VII) Sales exclusivity.--The
contract may provide that the
vendor is the exclusive
supplier of the product to the
Federal Government for a
specified period of time, not
to exceed the term of the
contract, on the condition that
the vendor is able to satisfy
the needs of the Government.
During the agreed period of
sales exclusivity, the vendor
shall not assign its rights of
sales exclusivity to another
entity or entities without
approval by the Secretary. Such
a sales exclusivity provision
in such a contract shall
constitute a valid basis for a
sole source procurement under
[section 303(c)(1) of the
Federal Property and
Administrative Services Act of
1949 (41 U.S.C. 25(c)(1))]
section 3304(a)(1) of title 41,
United States Code.
* * *
(iii) Availability of simplified
acquisition procedures.--
(I) In general.--If the
Secretary determines that there
is a pressing need for a
procurement of a specific
countermeasure, the amount of
the procurement under this
subsection shall be deemed to
be below the threshold amount
specified in [section 4(11) of
the Office of Federal
Procurement Policy Act (41
U.S.C. 403(11))] section 134 of
title 41, United States Code,
for purposes of application to
such procurement, pursuant to
[section 302A(a) of the Federal
Property and Administrative
Services Act of 1949 (41 U.S.C.
252a(a))] section 3101(b)(1)(A)
of title 41, United States Code
of--
(aa) [section
303(g)(1)(A) of the
Federal Property and
Administrative Services
Act of 1949 (41 U.S.C.
253(g)(1)(A))] section
3305(a)(1) of title 41,
United States Code, and
its implementing
regulations; and
(bb) [section 302A(b)
of such Act (41 U.S.C.
252a(b)) section
3101(b)(1)(B) of such
title and its
implementing
regulations.
(II) Application of certain
provisions.--Notwithstanding
subclause (I) and the provision
of law and regulations referred
to in such clause, each of the
following provisions shall
apply to procurements described
in this clause to the same
extent that such provisions
would apply to such
procurements in the absence of
subclause (I):
* * *
(bb) [Subsections (a)
and (b) of section 7 of
the Anti-Kickback Act
of 1986 (41 U.S.C.
57(a) and (b))] Section
8703(a) of title 41,
United States Code.
(cc) [Section 304C of
the Federal Property
and Administrative
Services Act of 1949
(41 U.S.C. 254d)]
Section 4706 of title
41, United States Code
(relating to the
examination of
contractor records).
* * *
(ee) [Subsection (a)
of section 304 of the
Federal Property and
Administrative Services
Act of 1949 (41 U.S.C.
254(a))] Section 3901
of title 41, United
States Code (relating
to contingent fees to
middlemen).
* * *
(iv) Procedures other than full and
open competition.--
(I) In general.--In using the
authority provided in [section
303(c)(1) of the Federal
Property and Administrative
Services Act of 1949 (41 U.S.C.
253(c)(1)) section 3304(a)(1)
of title 41, United States
Code, to use procedures other
than competitive procedures in
the case of a procurement under
this subsection, the phrase
``available from only one
responsible source'' in [such
section 303(c)(1)] such section
3304(a)(1) shall be deemed to
mean ``available from only one
responsible source or only from
a limited number of responsible
sources''.
* * *
(III) Applicable government-
wide regulations.--The
Secretary shall implement this
clause in accordance with
government-wide regulations
implementing [such section
303(c)(1)] such section
3304(a)(1) (including
requirements that offers be
solicited from as many
potential sources as is
practicable under the
circumstances, that required
notices be published, and that
submitted offers be
considered), as such
regulations apply to
procurements for which an
agency has authority to use
procedures other than
competitive procedures when the
property or services needed by
the agency are available from
only one responsible source or
only from a limited number of
responsible sources and no
other type of property or
services will satisfy the needs
of the agency.
* * *
(vii) Limiting competition to sources
responding to request for
information.--In conducting a
procurement under this subsection, the
Secretary may exclude a source that has
not responded to a request for
information under [section
303A(a)(1)(B) of the Federal Property
and Administrative Services Act of 1949
(41 U.S.C. 253a(a)(1)(B))] section
3306(a)(1)(B) of title 41, United
States Code, if such request has given
notice that the Secretary may so
exclude such a source.
Sec. 247d-7e(c)(5) (Public Health Service Act, Sec. 319L(c)(5))
SEC. 319L. BIOMEDICAL ADVANCED RESEARCH AND DEVELOPMENT
AUTHORITY.
* * *
(c) Biomedical Advanced Research and Development Authority.--
* * *
(5) Transaction authorities.--
(A) Other transactions.--
* * *
(ii) Limitations on authority.--
* * *
(II) Written determinations
required.--The authority of
this subparagraph may be
exercised for a project that is
expected to cost the Department
of Health and Human Services in
excess of $20,000,000 only upon
a written determination by the
senior procurement executive
for the Department (as
designated for purpose of
[section 16(c) of the Office of
Federal Procurement Policy Act
(41 U.S.C. 414(c))] section
1702(c) of title 41, United
States Code), that the use of
such authority is essential to
promoting the success of the
project. The authority of the
senior procurement executive
under this subclause may not be
delegated.
* * *
(C) Advance payments; advertising.--The
Secretary may waive the requirements of section
3324(a) of title 31, United States Code, or
[section 3709 of the Revised Stattutes of the
United States (41 U.S.C. 5)] section 6101 of
title 41, United States Code, upon the
determination by the Secretary that such waiver
is necessary to obtain countermeasures or
products under this section.
* * *
(F) Establishment of research centers.--The
Secretary may assess the feasibility and
appropriateness of establishing, through
contract, grant, cooperative agreement, or
other transaction, an arrangement with an
existing research center in order to achieve
the goals of this section. If such an agreement
is not feasible and appropriate, the Secretary
may establish one or more federally-funded
research and development centers, or
university-affiliated research centers, in
accordance with [section 303(c)(3) of the
Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253(c)(3)) section
3304(a)(3) of title 41, United States Code.
Sec. 285a-2(b)(8) (Public Health Service Act, Sec. 413(b)(8))
Sec. 413. (a) (1) The Director of the Institute shall
establish an information and education program to collect,
identify, analyze, and disseminate on a timely basis, through
publications and other appropriate means, to cancer patients
and their families, physicians and other health professionals,
and the general public, information on cancer research,
diagnosis, prevention, and treatment (including information
respecting nutrition programs for cancer patients and the
relationship between nutrition and cancer). The Director of the
Institute may take such action as may be necessary to insure
that all channels for the dissemination and exchange of
scientific knowledge and information are maintained between the
Institute and the public and between the Institute and other
scientific, medical, and biomedical disciplines and
organizations nationally and internationally.
* * *
(b) The Director of the Institute in carrying out the
National Cancer Program--
* * *
(8) may, subject to section 284(b)(2) of this title
and without regard to section 3324 of title 31, United
States Code, and [section 3709 of the Revised Statutes
(41 U.S.C. 5)] section 6101 of title 41, United States
Code, enter into such contracts, leases, cooperative
agreements, as may be necessary in the conduct of
functions of the Director, with any public agency, or
with any person, firm, association, corporation, or
educational institution; and
Sec. 285b-3(b)(3) (Public Health Service Act, Sec. 421(b)(3))
Sec. 421. (a)(1) The National Heart, Blood Vessel, Lung, and
Blood Diseases and Blood Resources Program (hereafter in this
subpart referred to as the ``Program'') may provide for--
* * *
(b) In carrying out the Program, the Director of the
Institute, under policies established by the Director of NIH--
* * *
(3) subject to section 405(b)(2) and without regard
to section 3324 of title 31, United States Code, and
[section 3709 of the Revsied Statutes (41 U.S.C. 5)]
section 6101 of title 41, United States Code, may enter
into such contracts, leases, cooperative agreements, or
other transactions, as may be necessary in the conduct
of the Director's functions, with any public agency, or
with any person, firm, association, corporation, or
educational institutions;
Sec. 285n(b)(9) (Public Health Service Act, Sec. 464H(b)(9))
Sec. 464H. (a) In General.--The general purpose of the
National Institute on Alcohol Abuse and Alcoholism (hereafter
in this subpart referred to as the ``Institute'') is the
conduct and support of biomedical and behavioral research,
health services research, research training, and health
information dissemination with respect to the prevention of
alcohol abuse and the treatment of alcoholism.
(b) Research Program.--
* * *
(9) enter into contracts under this title without
regard to [sections 3648 and 3709 of the Revised
Statutes (31 U.S.C. 529; 41 U.S.C. 5] section 3324(a)
and (b) of title 31, United States Code, and section
6101 of title 41, United States Code; and
Sec. 289c(2) (Public Health Service Act, Sec. 494(2))
Sec. 494. If the Secretary determines, after consultation
with the Director of NIH, the Commissioner of the Food and Drug
Administration, or the Director of the Centers for Disease
Control and Prevention, that a disease or disorder constitutes
a public health emergency, the Secretary, acting through the
Director of NIH--
* * *
(2) shall exercise the authority in [section 3709 of
the Revised Statutes (41 U.S.C. 5)] section 6101 of
title 41, United States Code, respecting public
exigencies to waive the advertising requirements of
such section in the case of proposals for contracts for
such research;
Sec. 289e(a) (Public Health Service Act, Sec. 496(a))
Sec. 496. (a) Appropriations to carry out the purposes of
this subchapter, unless otherwise expressly provided, may be
expended in the District of Columbia for--
* * *
(9) all other necessary expenses in carrying out this
title.
Such appropriations may be expended by contract if deemed
necessary, without regard to [section 3709 of the Revised
Statutes (41 U.S.C. 5)] section 6101 of title 41, United States
Code.
Sec. 290aa-3 (Public Health Service Act, Sec. 504)
SEC. 504. PEER REVIEW.
(a) In General.--The Secretary, after consultation with the
Administrator, shall require appropriate peer review of grants,
cooperative agreements, and contracts to be administered
through the agency which exceed the simple acquisition
threshold as defined in [section 4(11) of the Office of Federal
Procurement Policy Act] section 134 of title 41, United States
Code.
* * *
(c) Advisory Council Review.--If the direct cost of a grant
or cooperative agreement (described in subsection (a) of this
section) exceeds the simple acquisition threshold as defined by
[section 4(11) of the Office of Federal Procurement Policy Act]
section 134 of title 41, United States Code, the Secretary may
make such a grant or cooperative agreement only if such grant
or cooperative agreement is recommended--
Sec. 294q(f)(3) (Patient Protection and Affordable Care Act,
Sec. 5101(f)(3))
SEC. 5101. NATIONAL HEALTH CARE WORKFORCE COMMISSION.
* * *
(f) Director and Staff; Experts and Consultants.--Subject to
such review as the Comptroller General of the United States
determines to be necessary to ensure the efficient
administration of the Commission, the Commission may--
* * *
(3) enter into contracts or make other arrangements,
as may be necessary for the conduct of the work of the
Commission (without regard to [section 3709 of the
Revised Statutes (41 U.S.C. 5)] section 6101 of title
41, United States Code);
Sec. 299c-4(d) (Public Health Service Act, Sec. 945(d))
SEC. 945. ADDITIONAL PROVISIONS WITH RESPECT TO GRANTS AND
CONTRACTS.
* * *
(d) Applicability of certain provisions with respect to
contracts.--Contracts may be entered into under this part
without regard to [sections 3648 and 3709 of the Revised
Statutes (31 U.S.C. 529 and 41 U.S.C. 5)] section 3324(a) and
(b) of title 31, United States Code, and section 6101 of title
41, United States Code.
Sec. 300c-22(d) (Public Health Service Act, Sec. 1132(d))
Sec. 1132. (a) The Secretary may make grants to and enter
into contracts with public and nonprofit private entities for
projects to develop and expand, within existing facilities,
blood-separation centers to separate and make available for
distribution blood components to providers of blood services
and manufacturers of blood fractions. For purposes of this
section--
* * *
(d) Contracts may be entered into under subsection (a) of
this section without regard to [sections 3648 and 3709 of the
Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)] section 3324(a)
and (b) of title 31, United States Code, and section 6101 of
title 41, United States Code.
Sec. 300u(c) (Public Health Service Act, Sec. 1701(c))
Sec. 1701. (a) The Secretary shall--
* * *
(c) No grant may be made or contract entered into under this
subchapter unless an application therefor has been submitted to
and approved by the Secretary. Such an application shall be
submitted in such form and manner and contain such information
as the Secretary may prescribe. Contracts may be entered into
under this subchapter without regard to [sections 3648 and 3709
of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)] section
3324(a) and (b) of title 31, United States Code, and section
6101 of title 41, United States Code.
Sec. 300cc-41(a)(6) (Public Health Service Act, Sec. 2354(a)(6))
SEC. 2354. ADDITIONAL AUTHORITIES.
(a) In General.--In carrying out AIDS research, the Director
of the Office--
* * *
(6) subject to section 405(b)(2) and without regard
to section 3324 of title 31, United States Code, and
[section 3709 of the Revised Statutes (41 U.S.C. 5)]
section 6101 of title 41, United States Code, may enter
into such contracts and cooperative agreements with any
public agency, or with any person, firm, association,
corporation, or educational institution, as may be
necessary to expedite and coordinate research relating
to acquired immune deficiency syndrome.
Sec. 1395b-6(d)(3) (Social Security Act, Sec. 1805(d)(3))
Sec. 1805. (a) Establishment.--There is hereby established as
an agency of Congress the Medicare Payment Advisory Commission
(in this section referred to as the ``Commission'').
* * *
(d) Director and Staff; Experts and Consultants.--Subject to
such review as the Comptroller General deems necessary to
assure the efficient administration of the Commission, the
Commission may--
* * *
(3) enter into contracts or make other arrangements,
as may be necessary for the conduct of the work of the
Commission (without regard to [section 3709 of the
Revised Statutes (41 U.S.C. 5)] section 6101 of title
41, United States Code);
Sec. 1395w-111(g)(1)(B)(iii) (Social Security Act, Sec. 1860D-
11(g)(1)(B)(iii))
Sec. 1860D-11. (a) Establishment of PDP Regions; Service
Areas.--
* * *
(g) Guaranteeing Access to Coverage.--
(1) Solicitation of bids.--
* * *
(B) Acceptance of bids.--
* * *
(iii) Competitive procedures.--
Competitive procedures (as defined in
[section 4(5) of the Office of Federal
Procurement Policy Act (41 U.S.C.
403(5)) section 132 of title 41, United
States Code) shall be used to enter
into a contract under this subsection.
The provisions of subsection (d) of
section 1874A shall apply to a contract
under this section in the same manner
as they apply to a contract under such
section.
Sec. 1395cc-2(b)(4)(B) (Social Security Act, Sec. 1866B(b)(4)(B))
Sec. 1866B. (a) General Administrative Authority.--
* * *
(b) Contracts for Program Administration.--
* * *
(4) Contract award, duration, and renewal.--
* * *
(B) Noncompetitive award and renewal for
entities administering part A or part B
payments.--The Secretary may enter or renew a
contract under this subsection with an entity
described in paragraph (3)(A) without regard to
the requirements of [section 5] section 6101 of
title 41, United States Code.
Sec. 1395kk-1(b)(1)(B) (Social Security Act, Sec. 1874A(b)(1)(B))
Sec. 1874A. (a) Authority.--
* * *
(b) Contracting Requirements.--
(1) Use of competitive procedures.--
* * *
(B) Renewal of contracts.--The Secretary may
renew a contract with a medicare administrative
contractor under this section from term to term
without regard to [section 5] section 6101 of
title 41 or any other provision of law
requiring competition, if the medicare
administrative contractor has met or exceeded
the performance requirements applicable with
respect to the contract and contractor, except
that the Secretary shall provide for the
application of competitive procedures under
such a contract not less frequently than once
every 5 years.
Sec. 1395aaa(a)(4) (Social Security Act, Sec. 1890(a)(4))
Sec. 1890. (a) Contract.--
* * *
(4) Competitive procedures.--Competitive procedures
(as defined in [section 4(5) of the Office of Federal
Procurment Policy Act (41 U.S.C. 403(5))] section 132
of title 41, United States Code) shall be used to enter
into a contract under paragraph (1).
Sec. 1396(d)(3) (Social Security Act, Sec. 1900(d)(3))
Sec. 1900. (a) Establishment.--There is hereby established
the Medicaid and CHIP Payment and Access Commission (in this
section referred to as ``MACPAC'').
* * *
(d) Director and Staff; Experts and Consultants.--Subject to
such review as the Comptroller General of the United States
deems necessary to assure the efficient administration of
MACPAC, MACPAC may--
* * *
(3) enter into contracts or make other arrangements,
as may be necessary for the conduct of the work of
MACPAC (without regard to [section 3709 of the Revised
Statutes (41 U.S.C. 5)] section 6101 of title 41,
United States Code);
Sec. 1396a(a)(4)(D) (Social Security Act, Sec. 1902(a)(4)(D))
Sec. 1902. (a) A State plan for medical assistance must--
* * *
(4) provide (A) such methods of administration
(including methods relating to the establishment and
maintenance of personnel standards on a merit basis,
except that the Secretary shall exercise no authority
with respect to the selection, tenure of office, and
compensation of any individual employed in accordance
with such methods, and including provision for
utilization of professional medical personnel in the
administration and, where administered locally,
supervision of administration of the plan) as are found
by the Secretary to be necessary for the proper and
efficient operation of the plan, (B) for the training
and effective use of paid subprofessional staff, with
particular emphasis on the full-time or part-time
employment of recipients and other persons of low
income, as community service aides, in the
administration of the plan and for the use of nonpaid
or partially paid volunteers in a social service
volunteer program in providing services to applicants
and recipients and in assisting any advisory committees
established by the State agency, (C) that each State or
local officer, employee, or independent contractor who
is responsible for the expenditure of substantial
amounts of funds under the State plan, each individual
who formerly was such an officer, employee, or
contractor, and each partner of such an officer,
employee, or contractor shall be prohibited from
committing any act, in relation to any activity under
the plan, the commission of which, in connection with
any activity concerning the United States Government,
by an officer or employee of the United States
Government, an individual who was such an officer or
employee, or a partner of such an officer or employee
is prohibited by section 207 or 208 of title 18, and
(D) that each State or local officer, employee, or
independent contractor who is responsible for
selecting, awarding, or otherwise obtaining items and
services under the State plan shall be subject to
safeguards against conflicts of interest that are at
least as stringent as the safeguards that apply under
[section 27 of the Office of Federal Procurement Policy
Act (41 U.S.C. 423)] chapter 21 of title 41, United
States Code, to persons described in [subsection (a)(2)
of such section of that Act] section 2102(a)(3) of such
title;
Sec. 1396u-2(d)(3) (Social Security Act, Sec. 1932(d)(3))
Sec. 1932. (a) State Option To Use Managed Care.--
* * *
(d) Protections Against Fraud and Abuse.--
* * *
(3) State conflict-of-interest safeguards in medicaid
risk contracting.--A medicaid managed care organization
may not enter into a contract with any State under
section 1903(m) unless the State has in effect
conflict-of-interest safeguards with respect to
officers and employees of the State with
responsibilities relating to contracts with such
organizations or to the default enrollment process
described in subsection (a)(4)(C)(ii) of this section
that are at least as effective as the Federal
safeguards provided under [section 27 of the Office of
Federal Procurement Policy Act (41 U.S.C. 423)] chapter
21 of title 41, United States Code, against conflicts
of interest that apply with respect to Federal
procurement officials with comparable responsibilities
with respect to such contracts.
Sec. 1480(a) (Housing Act of 1949, Sec. 510(a))
Sec. 510. In carrying out the provisions of this title, the
Secretary shall have the power to--
(a) make contracts for services and supplies without
regard to the provisions of [section 3709 of the
Revised Statutes, as amended] section 6101 of title 41,
United States Code, when the aggregate amount involved
is less than $300;
Sec. 1592a(b) (Defense Housing and Community Facilities and Services
Act of 1951, Sec. 302(b))
Sec. 302. (a) Consistent with other requirements of national
defense, any permanent housing constructed pursuant to the
authority of this title shall consist of one- to four-family
dwelling structures (including row houses) so arranged that
they may be offered for separate sale. All housing of permanent
construction which is constructed or acquired under the
authority of this title shall be sold as expeditiously as
possible and in the public interest taking into consideration
the continuation of the need for such housing by persons
engaged in national defense activities. All dwelling structures
of permanent construction designed for occupancy by not more
than four families (including row houses) shall be offered for
sale, and preference in the purchase of any such dwelling
structure shall be granted to occupants and to veterans over
other prospective purchasers. As among veterans, preference in
the purchase of any such dwelling structure shall be given to
disabled veterans whose disability has been determined by the
Secretary of Veterans Affairs to be service-connected. All
dwelling structures of permanent construction in any housing
project which are designed for occupancy by more than four
families (and other structures in such project which are not
sold separately) shall be sold as an entity. On such sales
first preference shall be given for such period not less than
ninety days nor more than six months from the date of the
initial offering of such project as the Administrator may
determine, to groups of veterans organized on a mutual
ownership or cooperative basis (provided that any such group
shall accept as a member of its organization, on the same
terms, subject to the same conditions, and with the same
privileges and responsibilities, required of, and extended to,
other members of the group any tenant occupying a dwelling unit
in such project, at any time during such period as the
Administrator shall deem appropriate, starting on the date of
the announcement by the Administrator of the availability of
such project). The Administrator shall provide an equitable
method of selecting the purchasers when preferred purchasers
(or groups of preferred purchasers) in the same preference
class or containing members in the same preference class
compete with each other. Sales pursuant to this section shall
be for cash or credit, upon such terms as the Administrator
shall determine, and at the fair value of the property as
determined by him: Provided, That full payment to the
Government for the property sold shall be required within a
period of not exceeding twenty-five years with interest on
unpaid balances at not less than 4 per centum per annum.
(b) Where it is necessary to provide housing under this title
in locations where, in the determination of the Secretary of
Housing and Urban Development, there appears to be no need for
such housing beyond the period during which it is needed for
housing persons engaged in national defense activities, the
provisions of section 102 hereof shall not be applicable and
temporary housing which is of a mobile or portable character or
which is otherwise constructed so as to be available for reuse
at other locations or existing housing built or acquired by the
United States under authority of any other law shall be
provided. Any temporary housing constructed or acquired under
this title which the Secretary of Housing and Urban Development
determines to be no longer needed for use under this title
shall, unless transferred to the Department of Defense pursuant
to section 306 hereof, or reported as excess to the
Administrator of the General Services Administration pursuant
to [the Federal Property and Administrative Services Act of
1949, as amended] chapter 5 of title 40, United States Code, be
sold as soon as practicable to the highest responsible bidder
after public advertising, except that if one or more of such
bidders is a veteran purchasing a dwelling unit for his own
occupancy the sale of such unit shall be made to the highest
responsible bidder who is a veteran so purchasing: Provided,
That the Secretary of Housing and Urban Development may reject
any bid for less than two-thirds of the appraised value as
determined by him: Provided further, That the housing may be
sold at fair value (as determined by the Secretary of Housing
and Urban Development) to a public body for public use: And
provided further, That the housing structures shall be sold for
removal from the site, except that they may be sold for use on
the site if the governing body of the locality has adopted a
resolution approving use of such structures on the site.
Sec. 1592d(a) (Defense Housing and Community Facilities and Services
Act of 1951, Sec. 305(a))
Sec. 305. (a) With respect to any housing or community
facilities or services which the Secretary of Housing and Urban
Development is authorized to provide, or any property which he
is authorized to acquire, under this Act, the Secretary of
Housing and Urban Development is authorized by contract or
otherwise (without regard to [section 3709 of the Revised
Statutes, as amended, section 322 of the Act of June 30, 1932
(47 Stat. 412), as amended, the Federal Property and
Administrative Services Act of 1949m, as amended] the
provisions referred to in section 171(b) and (c), and section
6101, of title 41, United States Code, and prior to the
approval of the Attorney General) * * *
Sec. 1592h(a) (Defense Housing and Community Facilities and Services
Act of 1951, Sec. 309(a))
Sec. 309. In carrying out this title--
(a) notwithstanding any other provisions of this
title, so far as is consistent with emergency needs,
contracts shall be subject to [section 3709 of the
Revised Statutes] section 6101 of title 41, United
States Code;
Sec. 1792(a) (Federal Food Donation Act of 2008, Sec. 4(a))
SEC. 4. PROMOTING FEDERAL FOOD DONATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Federal Acquisition Regulation
issued in accordance with [section 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 421)] section 1303 of title
41, United States Code, shall be revised to provide that all
contracts above $25,000 for the provision, service, or sale of
food in the United States, or for the lease or rental of
Federal property to a private entity for events at which food
is provided in the United States, shall include a clause that--
Sec. 1870(c) (National Science Foundation Act of 1950, Sec. 11(c))
Sec. 11. The Foundation shall have the authority, within the
limits of available appropriations, to do all things necessary
to carry out the provisions of this Act, including, but without
being limited thereto, the authority--
* * *
(c) to enter into contracts or other arrangements, or
modifications thereof, for the carrying on, by
organizations or individuals in the United States and
foreign countries, including other government agencies
of the United States and of foreign countries, of such
scientific or engineering activities as the Foundation
deems necessary to carry out the purposes of this Act,
and, at the request of the Secretary of State or
Secretary of Defense, specific scientific or
engineering activities in connection with matters
relating to international cooperation or national
security, and, when deemed appropriate by the
Foundation, such contracts or other arrangements, or
modifications thereof may be entered into without legal
consideration, without performance or other bonds, and
without regard to [section 3709 of the Revised
Statutes] section 6101 of title 41, United States Code;
Sec. 2051(c) (Atomic Energy Act of 1954, Sec. 31 c)
Sec. 31. (a) Research Assistance.--
* * *
c. The Commission may (1) make arrangements pursuant to this
section, without regard to the provisions of [section 3709 of
the Revised Statutes, as amended] section 6101 of title 41,
United States Code, upon certification by the Commission that
such action is necessary in the interest of the common defense
and security, or upon a showing by the Commission that
advertising is not reasonably practicable; (2) make partial and
advance payments under such arrangements; and (3) make
available for use in connection therewith such of its equipment
and facilities as it may deem desirable.
Sec. 2061(b) (Atomic Energy Act of 1954, Sec. 41 b)
Sec. 41. Ownership and Operation of Production Facilities.--
* * *
b. Operation of the commission's production
facilities.--The Commission is authorized and directed
to produce or to provide for the production of special
nuclear material in its own production facilities. To
the extent deemed necessary, the Commission is
authorized to make, or to continue in effect, contracts
with persons obligating them to produce special nuclear
material in facilities owned by the Commission. The
Commission is also authorized to enter into research
and development contracts authorizing the contractor to
produce special nuclear material in facilities owned by
the Commission to the extent that the production of
such special nuclear material may be incident to the
conduct of research and development activities under
such contracts. Any contract entered into under this
section shall contain provisions (1) prohibiting the
contractor from subcontracting any part of the work he
is obligated to perform under the contract, except as
authorized by the Commission; and (2) obligating the
contractor (A) to make such reports pertaining to
activities under the contract to the Commission as the
Commission may require, (B) to submit to inspection by
employees of the Commission of all such activities, and
(C) to comply with all safety and security regulations
which may be prescribed by the Commission. Any contract
made under the provisions of this subsection may be
made without regard to the provisions of [section 3709
of the Revised Statutes, as amended] section 6101 of
title 41, United States Code, upon certification by the
Commission that such action is necessary in the
interest of the common defense and security, or upon a
showing by the Commission that advertising is not
reasonably practicable. Partial and advance payments
may be made under such contracts.
Sec. 2063 (Atomic Energy Act of 1954, Sec. 43)
Sec. 43. Acquisition of Production Facilities.--The
Commission is authorized to purchase any interest in facilities
for the production of special nuclear materials, or in real
property on which such facilities are located, without regard
to the provisions of [section 3709 of the Revised Statutes, as
amended] section 6101 of title 41, United States Code, upon
certification by the Commission that such action is necessary
in the interest of the common defense and security, or upon a
showing by the Commission that advertising is not reasonably
practicable. Partial and advance payments may be made under
contracts for such purposes. The Commission is further
authorized to requisition, condemn, or otherwise acquire any
interest in such production facilities, or to condemn or
otherwise acquire such real property, and just compensation
shall be made therefor.
Sec. 2075 (Atomic Energy Act of 1954, Sec. 55)
Sec. 55. Acquisitions.--The Commission is authorized, to the
extent it deems necessary to effectuate the provisions of this
Act, to purchase without regard to the limitations in section
54 or any guaranteed purchase prices established pursuant to
section 56, and to take, requisition, condemn, or otherwise
acquire any special nuclear material or any interest therein.
Any contract of purchase made under this section may be made
without regard to the provisions of [section 3709 of the
Revised Statutes, as amended] section 6101 of title 41, United
States Code, upon certification by the Commission that such
action is necessary in the interest of the common defense and
security, or upon a showing by the Commission that advertising
is not reasonably practicable. Partial and advance payments may
be made under contracts for such purposes. Just compensation
shall be made for any right, property, or interest in property
taken, requisitioned, or condemned under this section:
Providing, That the authority in this section to commit United
States funds for any activities pursuant to any subsequent
arrangement under section 131 a. (2)(E) shall be subject to the
requirements of section 131.
Sec. 2096 (Atomic Energy Act of 1954, Sec. 66)
Sec. 66. Acquisition.--The Commission is authorized and
directed, to the extent it deems necessary to effectuate the
provisions of this Act--
* * *
Any purchase made under this section may be made without regard
to the provisions of [section 3709 of the Revised Statutes, as
amended] section 6101 of title 41, United States Code, upon
certification by the Commission that such action is necessary
in the interest of the common defense and security, or upon a
showing by the Commission that advertising is not reasonably
practicable. Partial and advanced payments may be made under
contracts for such purposes. The Commission may establish
guaranteed prices for all source material delivered to it
within a specified time. Just compensation shall be made for
any right, property, or interest in property taken,
requisitioned, condemned, or otherwise acquired under this
section.
Sec. 2201(j) (Atomic Energy Act of 1954, Sec. 161 j)
Sec. 161. General Provisions.--In the performance of its
functions the Commission is authorized to--
* * *
j. without regard to the provisions of [the Federal
Properoty and Administrative Services Act of 1949, as
amended, except section 207 of that Act] chapter 5
(except section 559) of title 40, United States Code,
or any other law, make such disposition as it may deem
desirable of (1) radioactive materials, and (2) any
other property, the special disposition of which is, in
the opinion of the Commission, in the interest of the
national security: Provided, however, That the property
furnished to licensees in accordance with the
provisions of subsection 161 m. shall not be deemed to
be property disposed of by the Commission pursuant to
this subsection;
Sec. 2210(g) (Atomic Energy Act of 1954, Sec. 170 g)
Sec. 170. Indemnification and Limitation of Liability.--
* * *
g. Use of Services of Private Insurers.--In
administering the provisions of this section, the
Commission or the Secretary, as appropriate, shall use,
to the maximum extent practicable, the facilities and
services of private insurance organizations, and the
Commission or the Secretary, as appropriate, may
contract to pay a reasonable compensation for such
services. Any contract made under the provisions of
this subsection may be made without regard to the
provisions of [section 3709 of the Revised Statutes (41
U.S.C. 5), as amended] section 6101 of title 41, United
States Code, upon a showing by the Commission or the
Secretary, as appropriate, that advertising is not
reasonably practicable and advance payments may be
made.
Sec. 2295(e) (EURATOM Cooperation Act of 1958, Sec. 6(e))
Sec. 6. (a) The Atomic Energy Commission is authorized to
purchase or otherwise acquire from the Community special
nuclear material or any interest therein from reactors
constructed under the joint program in accordance with the
terms of an agreement for cooperation entered into pursuant to
the provisions of section 123 of the Atomic Energy Act of 1954,
as amended: Provided, That neither plutonium nor uranium 233
nor any interest therein shall be acquired under this section
in excess of the total quantities authorized by law. The
Commission is authorized to acquire from the Community pursuant
to this section up to four thousand one hundred kilograms of
plutonium for use only for peaceful purposes.
* * *
(e) Any contract made under this section may be made without
regard to [seciton 3709 of the Revised Statutes, as amended]
section 6101 of title 41, United States Code, upon
certification by the Commission that such action is necessary
in the interest of the common defense and security, or upon a
showing by the Commission that advertising is not reasonably
practicable.
Sec. 2310 (Atomic Energy Community Act of 1955, Sec. 116)
Sec. 116. Repossession.--The Commission is authorized to
repossess any property sold by it in accordance with the terms
of any contract to purchase, mortgage or other instrument, and
to sell or make any other disposition of any property so
repossessed and any property purchased by it pursuant to
section 66. Notwithstanding any other provision of law relating
to the acquisition, handling, or disposal of real property by
the United States, the Commission shall have power to deal
with, complete, operate, rent, renovate, modernize, insure, or
sell for cash or credit, in its discretion, any properties
acquired pursuant to this chapter, and to pursue to final
collection, by way of compromise or otherwise, all claims
arising pursuant to this section: Provided, That expenses
authorized by this section shall be considered
nonadministrative expenses: Provided further, That section 3709
of the Revised Statutes] section 6101 of title 41, United
States Code, shall not apply to any contract entered into
pursuant to this section if the amount thereof does not exceed
$1,000.
Sec. 2349 (Atomic Energy Community Act of 1955, Sec. 120)
Sec. 120. Disposal of Property.--In addition to any other
authority the Commission may have, the Commission is
authorized, without regard to the provisions of [section 3709
of the Revised Statutes, as amended] section 6101 of title 41,
United States Code, to lease land, and to sell, lease,
including leases with options to purchase, and otherwise
dispose of improvements thereon, and such equipment and other
personal property as is determined to be directly related
thereto, in the Commission's Hanford project in and near
Richland, Washington, upon a determination by the Commission
that such disposition will serve to prevent or reduce the
adverse economic impact of actual or anticipated reductions in
Commission programs in that area: Provided, however, That the
compensation to the Government for any such disposition shall
be the estimated fair market value or estimated fair rental
value of the property as determined by the Commission: Provided
further, That before the Commission makes any disposition of
property under the authority of this section, the basis for the
proposed disposition (with necessary background and explanatory
data) shall be submitted to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives, and a period of
forty-five days shall elapse while Congress is in session (in
computing such forty-five-days, there shall be excluded the
days on which either House is not in session because of
adjournment of more than three days): Provided, however, That
those Committees, after having received the basis for the
proposed disposition, may by resolution in writing waive the
conditions of, or all or any portion of, such forty-five-day
period.
Sec. 2362(d) (Atomic Energy Community Act of 1955, Sec. 62(d))
Sec. 62. Commission Financing.--
* * *
d. The Commission may sell any notes and mortgages acquired
under subsections a. and c. of this section on terms set by the
Commission. Notwithstanding any other provisions of law and
without regard to the [provisions of section 3709 of the
Revised Statutes] provisions of section 6101 of title 41,
United States Code, the Commission may, in accordance with such
terms and conditions as it may prescribe, (1) enter into
contracts for servicing any of the notes and mortgages it has
acquired, and (2) sell or enter into contracts to sell to a
servicer any notes and mortgages with respect to which a
servicing contract has been entered into by the servicer with
the Commission: Provided, That with respect to sales of notes
and mortgages under (2) the Commission shall [comply with
section 3709 of the Revsied Statutes] comply with section 6101
of title 41, United States Code, unless it determines that such
compliance would not be feasible.
Sec. 3211(c) (Public Works and Economic Development Act of 1965,
Sec. 601(c))
SEC. 601. POWERS OF SECRETARY.
(a) In General.--In carrying out the duties of the Secretary
under this Act, the Secretary may--
* * *
(c) Inapplicability of Certain Other Requirements.--[Section
3709 of the Revised Statutes (41 U.S.C. 5)] Section 6101 of
title 41, United States Code, shall not apply to any contract
of hazard insurance or to any purchase or contract for services
or supplies on account of property obtained by the Secretary as
a result of assistance provided under this Act if the premium
for the insurance or the amount of the services or supplies
does not exceed $1,000.
Sec. 3535(i)(1) (Department of Housing and Urban Development Act,
Sec. 7(i)(1))
Sec. 7. (a) The personnel employed in connection with, and
the assets, liabilities, contracts, property, records, and
unexpended balances of appropriations, authorizations,
allocations, or other funds held, used, arising from, or
available or to be made available in connection with, the
functions, powers, and duties transferred by section 5 of this
Act are hereby transferred with such functions, powers, and
duties, respectively.
* * *
(i) Except as such authority is otherwise expressly provided
in any other Act administered by the Secretary, the Secretary
is authorized to--
(1) foreclose on any property or commence any action
to protect or enforce any right conferred upon him by
any law, contract, or other agreement, and bid for and
purchase at any foreclosure or any other sale any
property in connection with which he has made a loan or
grant. In the event of any such acquisition, the
Secretary may, notwithstanding any other provision of
law relating to the acquisition, handling, or disposal
of real property by the United States, complete,
administer, remodel and convert, dispose of, lease, and
otherwise deal with, such property: Provided, That any
such acquisition of real property shall not deprive any
State or political subdivision thereof of its civil or
criminal jurisdiction in and over such property or
impair the civil rights under the State or local laws
of the inhabitants on such property: Provided further,
That [section 3709 of the Revised Statutes (41 U.S.C.
5)] section 6101 of title 41, United States Code, shall
not apply to any contract for services or supplies on
account of any property so acquired or owned if the
amount of such contract does not exceed $2,500;
Sec. 4081(b) (National Flood Insurance Act of 1968, Sec. 1345(b))
Sec. 1345. (a) In administering the flood insurance program
under this chapter, the Director is authorized to enter into
any contracts, agreements, or other appropriate arrangements
which may, from time to time, be necessary for the purpose of
utilizing, on such terms and conditions as may be agreed upon,
the facilities and services of any insurance companies or other
insurers, insurance agents and brokers, or insurance adjustment
organizations; and such contracts, agreements, or arrangements
may include provision for payment of applicable operating costs
and allowances for such facilities and services as set forth in
the schedules prescribed under section 1311.
(b) Any such contracts, agreements, or other arrangements may
be entered into without regard to the provisions of [section
3709 of the Revised Statutes (41 U.S.C. 5] section 6101 of
title 41, United States Code, or any other provision of law
requiring competitive bidding and without regard to the
provisions of the Federal Advisory Committee Act (5 U.S.C.
App.).
Sec. 4082(c) (National Flood Insurance Act of 1968, Sec. 1346(c))
Sec. 1346. (a) In order to provide for maximum efficiency in
the administration of the flood insurance program and in order
to facilitate the expeditious payment of any Federal funds
under such program, the Director may enter into contracts with
pool formed or otherwise created under section 1331, or any
insurance company or other private organizations, for the
purpose of securing performance by such pool, company, or
organization of any or all of the following responsibilities:
* * *
(c) Any contract entered into under subsection (a) may be
entered into without regard to [section 3709 of the Revised
Statutes (41 U.S.C. 5)] section 6101 of title 41, United States
Code, or any other provision of law requiring competitive
bidding.
Sec. 4101(b) (National Flood Insurance Act of 1968, Sec. 1360(b))
Sec. 1360. (a) The Director is authorized to consult with,
receive information from, and enter into any agreements or
other arrangements with the Secretaries of the Army, the
Interior, Agriculture, and Commerce, the Tennessee Valley
Authority, and the heads of other Federal departments or
agencies, on a reimbursement basis, or with the head of any
State or local agency, or enter into contracts with any persons
or private firms, in order that he may--
* * *
(b) The Director is directed to accelerate the identification
of risk zones within flood-prone and mudslide-prone areas, as
provided by subsection (a)(2) of this section, in order to make
known the degree of hazard within each such zone at the
earliest possible date. To accomplish this objective, the
Director is authorized, without regard to subsections (a) and
(b) of section 3324 of title 31, United States Code, and
[section 3709 of the Revised Statutes (41 U.S.C. 5)] section
6101 of title 41, United States Code, to make grants, provide
technical assistance, and enter into contracts, cooperative
agreements, or other transactions, on such terms as he may deem
appropriate, or consent to modifications thereof, and to make
advance or progress payments in connection therewith.
Sec. 4361c note (Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies
Appropriations Act, 2003, div. K, title III,
proviso under heading ``science and technology''
under heading ``ENVIRONMENTAL PROTECTION AGENCY'')
That the Office of Research and Development of the
Environmental Protection Agency may hereafter contract directly
with individuals or indirectly with institutions or nonprofit
organizations, without regard to [41 U.S.C. 5] section 6101,
United States Code, for the temporary or intermittent personal
services of students or recent graduates, who shall be
considered employees for the purposes of chapters 57 and 81 of
title 5, United States Code, relating to compensation for
travel and work injuries, and chapter 171 of title 28, United
States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Sec. 4372(e) (Environmental Quality Improvement Act of 1970,
Sec. 203(e))
Sec. 203. (a) There is established in the Executive Office of
the President an office to be known as the Office of
Environmental Quality (hereafter in this title referred to as
the ``Office''). The Chairman of the Council on Environmental
Quality established by Public Law 91-190 shall be the Director
of the Office. There shall be in the Office a Deputy Director
who shall be appointed by the President, by and with the advice
and consent of the Senate.
* * *
(e) The Director is authorized to contract with public or
private agencies, institutions, and organizations and with
individuals without regard to [sections 3648 and 3709 of the
Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)] section 3324(a)
and (b) of title 31, United States Code, and section 6101 of
title 41, United States Code, in carrying out his functions.
Sec. 4638 (Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, Sec. 218)
Sec. 218. The Administrator of General Services is authorized
to transfer to a State agency for the purpose of providing
replacement housing required by this title, any real property
surplus to the needs of the United States within the meaning of
[the Federal Property and Administrative Services Act of 1949,
as amended] chapter 5 of title 40, United States Code. Such
transfer shall be subject to such terms and conditions as the
Administrator determines necessary to protect the interests of
the United States and may be made without monetary
consideration, except that such State agency shall pay to the
United States all net amounts received by such agency from any
sale, lease, or other disposition of such property for such
housing.
Sec. 5196(k) (Robert T. Stafford Disaster Relief and Emergency
Assistance Act, Sec. 611(k))
SEC. 611. DETAILED FUNCTIONS OF ADMINSTRATION.
(a) In General.--In order to carry out the policy described
in section 601, the Administrator shall have the authorities
provided in this section.
* * *
(k) Sale or Disposal of Certain Materials and Facilities.--
The Administrator may arrange for the sale or disposal of
materials and facilities found by the Administrator to be
unnecessary or unsuitable for emergency preparedness purposes
in the same manner as provided for excess property under [the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.) chapter 5 of title 40, United States Code.
Any funds received as proceeds from the sale or other
disposition of such materials and facilities shall be deposited
into the Treasury as miscellaneous receipts.
Sec. 5206(a) (Disaster Mitigation Act of 2000, Sec. 306(a))
SEC. 306. BUY AMERICAN.
(a) Compliance with [Buy American Act] Chapter 83 of Title
41, United States Code.--No funds authorized to be appropriated
under this Act or any amendment made by this Act may be
expended by an entity unless the entity, in expending the
funds, complies with [the Buy American Act] chapter 83 of title
41, United States Code.
Sec. 5403(a)(2)(B) (National Manufactured Housing Construction and
Safety Standards Act of 1974, Sec. 604(a)(2)(B))
SEC. 604. FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY
STANDARDS.
(a) Establishment.--
* * *
(2) Consensus standards and regulatory development
process.--
* * *
(B) Competitively procured contract.--Upon
the expiration of the 4-year period beginning
on the date on which all members of the
consensus committee are appointed under
paragraph (3), the Secretary shall, using
competitive procedures (as such term is defined
in [section 4 of the Office of Federal
Procurement Policy Act] section 132 of title
41, United States Code), enter into a
competitively awarded contract with an
administering organization. The administering
organization shall administer the consensus
process for the development and interpretation
of the Federal standards, the procedural and
enforcement regulations, and regulations
specifying the permissible scope and conduct of
monitoring, in accordance with this title.
Sec. 5903 note (Public Law 95-39, Sec. 111(b))
Sec. 111. (a) The Administrator shall classify each recipient
of any award, contract, or other financial arrangement in any
nonnuclear research, development, or demonstration category
as--
* * *
(b) The information required by subsection (a), along with
the dollar amount of each award, contract, or other financial
arrangement made, shall be included as an appendix to the
annual report required by section 15(a) of the Federal
Nonnuclear Energy Research and Development Act of 1974 (42
U.S.C. 5914): Provided, That small purchases or contracts of
less than [$10,000] $25,000, [which are excepted from the
requirements of advertising by section 252(c)(3) of title 41,
United States Code,] shall be exempt from the reporting
requirements of this section.
Sec. 6616(c)(3) (Presidential Science and Technology Advisory
Organization Act of 1976, Sec. 207(c)(3))
Sec. 207. (a) The Director shall, in addition to the other
duties and functions set forth in this title--
* * *
(c) In carrying out his functions under this Act, the
Director is authorized to--
* * *
(3) enter into contracts and other arrangements for
studies, analyses, and other services with public
agencies and with private persons, organizations, or
institutions, and make such payments as he deems
necessary to carry out the provisions of this chapter
without legal consideration, without performance bonds,
and without regard to [section 3709 of the Revised
Statutes (41 U.S.C. 5)] section 6101 of title 41,
United States Code.
Sec. 6834 note (Energy Independence and Security Act of 2007,
Sec. 433(c))
SEC. 433. FEDERAL BUILDING ENERGY EFFICIENT PERFORMANCE
STANDARDS.
* * *
(c) Revision of Federal Acquisition Regulation.--Not later
than 2 years after the date of the enactment of this Act, the
Federal Acquisition Regulation shall be revised to require
Federal officers and employees to comply with this section and
the amendments made by this section in the acquisition,
construction, or major renovation of any facility. The members
of the Federal Acquisition Regulatory Council (established
under [section 25 of the Office of Federal Procurement Policy
Act (41 U.S.C. 421)] section 1302 of title 41, United States
Code) shall consult with the Federal Director and the
Commercial Director before promulgating regulations to carry
out this subsection.
Sec. 7135 note (Department of the Interior and Related Agencies
Appropriations Act, 1996, title II, first proviso
in paragraph under heading ``energy information
administration'' under heading ``DEPARTMENT OF
ENERGY'')
That notwithstanding [section 4(d) of the Service Contract Act
of 1965 (41 U.S.C. 353(d))] section 6707(d) of title 41, United
States Code, or any other provision of law, funds appropriated
under this heading hereafter may be used to enter into a
contract for end use consumption surveys for a term not to
exceed eight years: Provided further, That notwithstanding any
other provision of law, hereafter the Manufacturing Energy
Consumption Survey shall be conducted on a triennial basis.
Sec. 7152 note (Alaska Power Administration Asset Sale and Termination
Act, Sec. 104(i))
SEC. 104. EXEMPTION AND OTHER PROVISIONS.
* * *
(i) Disposal.--The sales of Eklutna and Snettisham under this
title are not considered disposal of Federal surplus property
under [the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 484)] sections 541 through 555 of title 40,
United States Code, or the Act of October 3, 1944, popularly
referred to as the `Surplus Property Act of 1944' (50 U.S.C.
App. 1622).
Sec. 7403(b)(4) (Clean Air Act, Sec. 103(b)(4))
Sec. 103. (a) The Administrator shall establish a national
research and development program for the prevention and control
of air pollution and as part of such program shall--
* * *
(b) In carrying out the provisions of the preceding
subsection the Administrator is authorized to--
* * *
(4) contract with public or private agencies,
institutions, and organizations, and with individuals,
without regard to [sections 3648 and 3709 of the
Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)] section
3324(a) and (b) of title 31, United States Code, and
section 6101 of title 41, United States Code;
Sec. 7404(a)(2)(D)) (Clean Air Act, Sec. 104(a)(2)(D))
Sec. 104. (a) The Administrator shall give special emphasis
to research and development into new and improved methods,
having industry-wide application, for the prevention and
control of air pollution resulting from the combustion of
fuels. In furtherance of such research and development he
shall--
* * *
(2) provide for Federal grants to public or nonprofit
agencies, institutions, and organizations and to
individuals, and contracts with public or private
agencies, institutions, or persons, for payment of (A)
part of the cost of acquiring, constructing, or
otherwise securing for research and development
purposes, new or improved devices or methods having
industrywide application of preventing or controlling
discharges into the air of various types of pollutants;
(B) part of the cost of programs to develop low
emission alternatives to the present internal
combustion engine; (C) the cost to purchase vehicles
and vehicle engines, or portions thereof, for research,
development, and testing purposes; and (D) carrying out
the other provisions of this section, without regard to
[sections 3648 and 3709 of the Revised Statutes (31
U.S.C. 529; 41 U.S.C. 5)] section 3324(a) and (b) of
title 31, United States Code, and section 6101 of title
41, United States Code: Provided, That research or
demonstration contracts awarded pursuant to this
subsection (including contracts for construction) may
be made in accordance with, and subject to the
limitations provided with respect to research contracts
of the military departments in, section 2353 of title
10, except that the determination, approval, and
certification required thereby shall be made by the
Administrator; Provided further, That no grant may be
made under this paragraph in excess of $1,500,000;
Sec. 7412(r)(6)(N) (Clean Air Act, Sec. 112(r)(6)(N))
SEC. 112. HAZARDOUS AIR POLLUTANTS.
* * *
(r) Prevention of Accidental Releases.--
* * *
(6) Chemical safety board.--
* * *
(N) The Board is authorized to establish such
procedural and administrative rules as are
necessary to the exercise of its functions and
duties. The Board is authorized without regard
to [section 5] section 6101 of title 41 of the
United States Code to enter into contracts,
leases, cooperative agreements or other
transactions as may be necessary in the conduct
of the duties and functions of the Board with
any other agency, institution, or person.
Sec. 8287 (National Energy Conservation Policy Act, Sec. 801)
SEC. 801. AUTHORITY TO ENTER INTO CONTRACTS.
(a) In General.--(1) The head of a Federal agency may enter
into contracts under this title solely for the purpose of
achieving energy savings and benefits ancillary to that
purpose. Each such contract may, notwithstanding any other
provision of law, be for a period not to exceed 25 years. Such
contract shall provide that the contractor shall incur costs of
implementing energy savings measures, including at least the
costs (if any) incurred in making energy audits, acquiring and
installing equipment, and training personnel, in exchange for a
share of any energy savings directly resulting from
implementation of such measures during the term of the
contract.
(2)(A) Contracts under this title shall be energy savings
performance contracts and shall require an annual energy audit
and specify the terms and conditions of any Government payments
and performance guarantees. Any such performance guarantee
shall provide that the contractor is responsible for
maintenance and repair services for any energy related
equipment, including computer software systems.
* * *
(D) A Federal agency may enter into a multiyear contract
under this title for a period not to exceed 25 years beginning
on the date of the delivery order, without funding of
cancellation charges before cancellation, if--
* * *
(iii) such contract is governed by part 17.1 of the
Federal Acquisition Regulation promulgated under
[section 25 of the Office of Federal Procurement Policy
Act (41 U.S.C. 421)] section 1303 of title 41, United
States Code, or the applicable rules promulgated under
this title.
* * *
(b) Implementation.--(1)(A) The Secretary, with the
concurrence of the Federal Acquisition Regulatory Council
established under [section 25(a) of the Office of Federal
Procurement Policy Act] section 1302(a) of title 41, United
States Code, not later than 180 days after the date of the
enactment of the Energy Policy Act of 1992, shall, by rule,
establish appropriate procedures and methods for use by Federal
agencies to select, monitor, and terminate contracts with
energy service contractors in accordance with laws governing
Federal procurement that will achieve the intent of this
section in a cost-effective manner. In developing such
procedures and methods, the Secretary, with the concurrence of
the Federal Acquisition Regulatory Council, shall determine
which existing regulations are inconsistent with the intent of
this section and shall formulate substitute regulations
consistent with laws governing Federal procurement.
* * *
(c) Task or Delivery orders.--(1) The head of a Federal
agency may issue a task or delivery order under an energy
savings performance contract by--
* * *
(2) The issuance of a task or delivery order for energy
savings performance contracting services pursuant to paragraph
(1) is deemed to satisfy the task and delivery order
competition requirements in section 2304c(d) of title 10,
United States Code, and [section 303J9(d) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253j(d))] section 4106(d) of title 41, United States Code.
Sec. 9619(c)(3) (Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, Sec. 119(c)(3))
SEC. 119. RESPONSE ACTION CONTRACTORS.
* * *
(c) Indemnification.--
* * *
(3) Source of funding.--This subsection shall not be
subject to section 1301 or 1341 of title 31 of the
United States Code or [section 3732 of the Revised
Statutes (41 U.S.C. 11)] section 6301(a) and (b) of
title 41 of the United States Code or to section 3 of
the Superfund Amendments and Reauthorization Act of
1986. For purposes of section 111, amounts expended
pursuant to this subsection for indemnification of any
response action contractor (except with respect to
federally owned or operated facilities) shall be
considered governmental response costs incurred
pursuant to section 104. If sufficient funds are
unavailable in the Hazardous Substance Superfund
established under subchapter A of chapter 98 of the
Internal Revenue Code of 1986 to make payments pursuant
to such indemnification or if the Fund is repealed,
there are authorized to be appropriated such amounts as
may be necessary to make such payments.
Sec. 10301 note (Public Law 95-84, Sec. 2(a))
Sec. 2. (a) The Secretary of the Interior is authorized and
directed to demonstrate the engineering and economic viability
of membrane and phase-change desalting processes. Such
demonstrations shall include the study, design, construction,
operation, and maintenance of desalting plants at locations in
the United States (which may include the District of Columbia,
the Commonwealth of Puerto Rico, American Samoa, Guam, the
Virgin Islands, the Mariana Islands, and the Trust Territory of
the Pacific Islands): Provided, That at least two such plants
shall demonstrate desalting of brackish ground water: And
provided further, That the plants constructed pursuant to this
section shall be for the purpose of showing that the technology
being demonstrated is ready for application; such plants shall
be sufficient to demonstrate the specific application of the
technology, and shall be significantly different in operation
and process so as not to duplicate any other demonstration
plant constructed pursuant to this section. The Secretary is
further authorized to conduct such demonstrations or any
portion thereof by means of cooperative agreements (as defined
and authorized by [41 U.S.C. 504 et seq. (the Federal Grant and
Cooperative Agreement Act of 1977; Public Law 95-224)] chapter
6301 of title 31, United States Code) with duly authorized non-
Federal public entities. Title to demonstration facilities
constructed by the non-Federal public entity under a
cooperative agreement shall vest in the non-Federal public
entity.
Sec. 10303(h)(1)(C) (Water Resources Research Act of 1984,
Sec. 104(h)(1)(C))
Sec. 104. (a) Subject to the approval of the Secretary of the
Interior (hereafter in this chapter referred to as the
``Secretary'') under this section, one water resources research
and technology institute, center, or equivalent agency
(hereafter in this Act referred to as the ``institute'') may be
established in each State (as used in this Act, the term
``State'' includes the Commonwealth of Puerto Rico, the
District of Columbia, the Virgin Islands, Guam, American Samoa,
the Commonwealth of the Mariana Islands and the Federated
States of Micronesia) at a college or university which was
established in accordance with the Act approved July 2, 1862
(12 Stat. 503; 7 U.S.C. 301ff), entitled ``An Act donating
public lands to the several States and territories which may
provide colleges for the benefit of agriculture and the
mechanic arts'' or at some other institution designated by act
of the legislature of the State concerned. If there is more
than one such college or university in a State established in
accordance with such Act of July 2, 1862, the institute in such
State shall, in the absence of a designation to the contrary by
act of the legislature of the State, be established at the one
such college or university designated by the Governor of the
State. Two or more States may cooperate in the establishment of
a single institute or regional institute, in which event the
sums otherwise allocated to institutes in each of the
cooperating States shall be paid to such single or regional
institute.
* * *
(h) Coordination.--
(1) In general.--To carry out this Act, the
Secretary--
* * *
(C) may enter into contracts, cooperative
agreements, and other transactions without
regard to [section 3709 of the Revised Statutes
(41 U.S.C. 5)] section 6101 of title 41;
Sec. 12114(c)(3) (Americans with Disabilities Act of 1990,
Sec. 104(c)(3))
SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL.
* * *
(c) Authority of Covered Entity.--A covered entity--
* * *
(3) may require that employees behave in conformance
with the requirements established under [the Drug-Free
Workplace Act of 1988 (41 U.S.C. 701 et seq.)] chapter
81 of title 41, United States Code;
Sec. 12501 note (National and Community Service Trust Act of 1993,
Sec. 501)
SEC. 501. COMPLIANCE WITH [BUY AMERICAN ACT] CHAPTER 83 OF
TITLE 41, UNITED STATES CODE.
No funds appropriated pursuant to this Act (including the
amendments made by this Act) may be expended by an entity
unless the entity agrees that in expending the assistance the
entity will comply with [sections 2 through 4 of the Act of
March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
American Act'') chapter 83 of title 41, United States Code.
Sec. 12644 (National and Community Service Trust Act of 1990, Sec. 184)
SEC. 184. DRUG-FREE WORKPLACE REQUIREMENTS.
All programs receiving grants under this title shall be
subject to the Drug-Free Workplace Requirements for Federal
Grant Recipients under [sections 5153 through 5158 of the Anti-
Drug Abuse Act of 1988 (41 U.S.C. 702-707) sections 8101 and
8103 through 8106 of title 41, United States Code.
Sec. 12651g(b) (National and Community Service Act of 1990,
Sec. 196(b))
SEC. 196. ADMINISTRATION.
* * *
(b) Contracts.--Subject to the [Federal Property and
Administrative Services Act of 1949] provisions of sections
171(b) and (c) of title 41, United States Code, the Corporation
may enter into contracts, and cooperative and interagency
agreements, with Federal and State agencies, private firms,
institutions, and individuals to conduct activities necessary
to assist the Corporation in carrying out the duties of the
Corporation under the national service laws.
Sec. 12701 notes (Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies
Appropriations Act, 2000, Sec. Sec. 206(e)(7),
525(e)(7))
Sec. 206. (a) Establishment.--There is hereby established a
commission to be known as the Millennial Housing Commission (in
this section referred to as the ``Commission'').
* * *
(e) Powers.--
* * *
(7) Contract Authority.--The Commission may contract
with and compensate Government and private agencies or
persons for services, without regard to [section 3709
of the Revised Statutes (41 U.S.C. 5)] section 6101 of
title 41, United States Code.
* * *
SEC. 525. COMMISSION ON AFFAORDABLE HOUSING AND HEALTH FACILITY
NEEDS FOR SENIORS IN THE 21ST CENTURY.
* * *
(e) Powers.--
* * *
(7) Contract authority.--The Commission may contract
with and compensate Government and private agencies or
persons for services, without regard to [section 3709
of the Revised Statutes (41 U.S.C. 5)] section 6101 of
title 41, United States Code.
Sec. 13556(a) (Energy Policy Act of 1992, Sec. 3021(a))
SEC. 3021. DISADVANTAGED BUSINESS ENTERPRISES.
(a) General Rule.--To the extent practicable, the head of
each agency shall provide that the obligation of not less than
10 percent of the total combined amounts obligated for
contracts and subcontracts by each agency under this Act and
amendments made by this Act pursuant to competitive procedures
within the meaning of either the [Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)]
provisions of section 171(b) and (c) of title 41, United States
Code, or chapter 137 of title 10, United States Code, shall be
expended either with--
Sec. 15325(e) (Help America Vote Act of 2002, Sec. 205(e))
SEC. 205. POWERS.
* * *
(e) Contracts.--The Commission may contract with and
compensate persons and Federal agencies for supplies and
services without regard to [section 3709 of the Revised
Statutes (41 U.S.C. 5) section 6101 of title 41, United States
Code.
Sec. 16392(e)(3)(C) (Energy Policy Act of 2005, Sec. 1002(e)(3)(C))
SEC. 1002. TECHNOLOGY INFRASTRUCTURE PROGRAM.
* * *
(e) Program Requirements.--
* * *
(3) Cost-sharing.--
* * *
(C) Research and development expenses.--
Independent research and development expenses
of Government contractors that qualify for
reimbursement under section 31.205-18(e) of
title 48, Code of Federal Regulations, issued
pursuant to [section 25(c)(1) of the Office of
Federal Procurement Policy Act (41 U.S.C.
421(c)(1)))] section 1303(a)(1) of title 41,
United States Code, may be credited towards
costs paid by non-Federal sources to a project,
if the expenses meet the other requirements of
this section.
Sec. 17013(j)(3) (Energy Independence and Security Act of 2007,
Sec. 136(j)(3))
SEC. 136. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE
PROGRAM.
* * *
(j) Appointment and Pay of Personnel.--(1) The Secretary may
use direct hiring authority pursuant to section 3304(a)(3) of
title 5, United States Code, to appoint such professional and
administrative personnel as the Secretary deems necessary to
the discharge of the Secretary's functions under this section.
* * *
(3) The Secretary may retain such consultants as the
Secretary deems necessary to the discharge of the functions
required by this section, pursuant to [section 31 of the Office
of Federal Procurement Policy Act (41 U.S.C. 421(e)(1))]
section 1901 of title 41, United States Code.
Sec. 17091(c) (Energy Independence and Security Act of 2007,
Sec. 435(c))
SEC. 435. LEASING.
* * *
(c) Revision of Federal Acquisition Regulation.--
(1) In general.--Not later than 3 years after the
date of the enactment of this Act, the Federal
Acquisition Regulation described in [section 6(a) of
the Office of Federal Procurement Policy Act (41 U.S.C.
405(a))] section 1121(b) and (c)(1) of title 41, United
States Code, shall be revised to require Federal
officers and employees to comply with this section in
leasing buildings.
(2) Consultation.--The members of the Federal
Acquisition Regulatory Council established under
[section 25 of the Office of Federal Procurement Policy
Act (41 U.S.C. 421)] section 1302(a) of title 41,
United States Code, shall consult with the Federal
Director and the Commercial Director before
promulgating regulations to carry out this subsection.
Sec. 18054(a)(1) (Patient Protection and Affordable Care Act,
Sec. 1334(a)(1))
SEC. 1334. MULTI-STATE PLANS.
(a) Oversight by the Office of Personnel Managemen.--
(1) In general.--The Director of the Office of
Personnel Management (referred to in this section as
the ``Director'') shall enter into contracts with
health insurance issuers (which may include a group of
health insurance issuers affiliated either by common
ownership and control or by the common use of a
nationally licensed service mark), without regard to
[section 5] section 6101 of title 41 or other statutes
requiring competitive bidding, to offer at least 2
multi-State qualified health plans through each
Exchange in each State. Such plans shall provide
individual, or in the case of small employers, group
coverage.
TITLE 43--PUBLIC LANDS
Sec. 50d (Department of the Interior and Related Agencies
Appropriations Act, 2000, title I, last proviso in
paragraph under heading ``administrative
provisions'' under heading ``UNITED STATES
GEOLOGICAL SURVEY'')
That the United States Geological Survey may hereafter contract
directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to [41 U.S.C. 5]
section 6101 of title 41, United States Code, for the temporary
or intermittent services of students or recent graduates, who
shall be considered employees for the purposes of chapters 57
and 81 of title 5, United States Code, relating to compensation
for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Sec. 1451 note (Department of the Interior and Related Agencies
Appropriations Act, 2000, Sec. 115)
Sec. 115. Notwithstanding any other provision of law, in
fiscal year 2000 and thereafter, the Secretary is authorized to
permit persons, firms or organizations engaged in commercial,
cultural, educational, or recreational activities (as defined
in section 612a of title 40, United States Code) not currently
occupying such space to use courtyards, auditoriums, meeting
rooms, and other space of the main and south Interior building
complex, Washington, D.C., the maintenance, operation, and
protection of which has been delegated to the Secretary from
the Administrator of General Services pursuant to the [Federal
Property and Administrative Services Act of 1949] provisions of
section 171(b) and (c) of title 41, United States Code, and to
assess reasonable charges therefore, subject to such procedures
as the Secretary deems appropriate for such uses. Charges may
be for the space, utilities, maintenance, repair, and other
services. Charges for such space and services may be at rates
equivalent to the prevailing commercial rate for comparable
space and services devoted to a similar purpose in the vicinity
of the main and south Interior building complex, Washington,
D.C., for which charges are being assessed. The Secretary may
without further appropriation hold, administer, and use such
proceeds within the Departmental Management Working Capital
Fund to offset the operation of the buildings under his
jurisdiction, whether delegated or otherwise, and for related
purposes, until expended.
Sec. 1475a (Energy and Water Development Appropriations Act, 1993,
Sec. 205)
Sec. 205. Hereafter, the Bureau of Reclamation may invite
non-Federal entities involved in cost sharing arrangements for
the development of water projects to participate in contract
negotiation and source selection proceedings without invoking
provisions of the Federal Advisory Committee Act (5 U.S.C.
Appendix (1988)): Provided, That such non-Federal participants
shall be subject to the provisions of [the Federal Procurement
Integrity Act (41 U.S.C. 423 (1988))] chapter 21 of title 41,
United States Code, and to the conflict of interest provisions
appearing at 18 U.S.C. 201 et seq. (1988).
Sec. 1611 note (Public Law 94-204, Sec. 12(b)(7)(v))
Sec. 12. (a) The purpose of this section is to provide for
the settlement of certain claims, and in so doing to
consolidate ownership among the United States, the Cook Inlet
Region Incorporated (hereinafter in this section referred to as
the `Region'), and the State of Alaska, within the Cook Inlet
area of Alaska in order to facilitate land management and to
create land ownership patterns which encourage settlement and
development in appropriate areas. The provisions of this
section shall take effect at such time as all of the following
have taken place:
* * *
(b) The Secretary shall make the following conveyances to the
Region, in accordance with the specific terms, conditions,
procedures, covenants, reservations, and other restrictions set
forth in the document entitled `Terms and Conditions for Land
Consolidation and Management in Cook Inlet Area', which was
submitted to the House Committee on Interior and Insular
Affairs on December 10, 1975, and clarified on August 31, 1976,
the terms of which, as clarified, are hereby incorporated
herein and ratified as to the duties and obligations of the
United States and the Region, as a matter of Federal law.
* * *
(7)(i) Until the obligations of the Secretary and the
Administrator of General Services under section
12(b)(5) and (6) of this Act are otherwise fulfilled:
(a) Cook Inlet Region, Incorporated, may, by using the
account established in subsection 12(b)(7)(iv), bid, as
any other bidder for property as defined in subsection
12(b)(7)(vii),, wherever located, in accordance with
the applicable laws and regulations of the Federal
agency or instrumentality offering such property for
sale. No preference right of any type will be offered
to Cook Inlet Region Incorporated, for bidding on
property under this section 12(b)(7). There shall be no
advertising other than that ordinarily required by such
sale. (b) the Administrator of General Services may, at
the discretion of the Administrator, tender to the
Secretary any surplus property otherwise to be disposed
of pursuant to 40 U.S.C. 484(e)(3) to be offered Cook
Inlet Region, Incorporated for a period of 90 days so
as to aid in the fulfillment of the Secretary's program
purposes under the Alaska Native Claims Settlement Act:
Provided, That nothing in these subsections
12(b)(7)(i)(b) or (ii) shall be construed to establish,
enlarge or diminish authority of the Administrator or
the Secretary within the State of Alaska. Prior to any
disposition under subsection 12(b)(7)(i)(b) of this
note], the Administrator shall notify the governing
body of the locality where such property is located and
any appropriate state agency, and no such disposition
shall be made if such governing body or state agency,
within ninety days of such notification formally
advises the Administrator that it objects to the
proposed disposition.
* * *
(v) The amount charged against the Treasury account
established under subsection 12(b)(7)(iv) for sales or
transfers of property made pursuant to [the Federal
Property and Administrative Services Act of 1949, 40
U.S.C. sec. 471 et seq.] chapter 5 of title 40, United
States Code, or any legislative or executive delegation
under [that Act] that chapter, shall be treated as
proceeds of dispositions of surplus property for the
purpose of determining the basis for calculating direct
expenses pursuant to [40 U.S.C. 485(b), as amended] 40
U.S.C. 572(a).
Sec. 1736(a) (Federal Land Policy and Management Act of 1976,
Sec. 306(a))
Sec. 306. (a) There is hereby established a working capital
fund for the management of the public lands. This fund shall be
available without fiscal year limitation for expenses necessary
for furnishing, in accordance with the [Federal Property and
Administrative Services Act of 1949 (63 Stat. 377, as amended)]
provisions of section 171(b) and (c) of title 41, United States
Code, and regulations promulgated thereunder, supplies and
equipment services in support of Bureau programs, including but
not limited to, the purchase or construction of storage
facilities, equipment yards, and related improvements and the
purchase, lease, or rent of motor vehicles, aircraft, heavy
equipment, and fire control and other resource management
equipment within the limitations set forth in appropriations
made to the Secretary for the Bureau.
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
The analysis for chapter 3
CHAPTER 3--GOVERMENT PRINTING OFFICE
Sec.
* * *
311. Purchases exempt from subtitle I of title 40 and [division C
(except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of
subtitle I] the provisions referred to in section 171(c) of
title 41; contract negotiation authority; small purchase
threshold.
Sec. 311
Sec. 311. Purchases exempt from subtitle I of title 40 and [division C
(except sections 3302, 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I] the provisions referred to
in section 171(c) of title 41; contract negotiation
authority; small purchase threshold
(a) Purchases may be made from appropriations under the
``Government Printing Office'' without reference to subtitle I
of title 40 and [division C (except sections 3302, 3501(b),
3509, 3906, 4710, and 4711) of subtitle I] the provisions
referred to in section 171(c) of title 41 concerning purchases
for the Federal Government.
* * *
(c) Notwithstanding any other provision of law, [section
6101(b) to (d)] section 6101 of title 41 shall apply with
respect to purchases and contracts for the Government Printing
Office as if the reference to ``$25,000'' in clause (1) of such
section were a reference to ``$100,000''.
Sec. 3501 note (E-Government Act of 2002, Sec. 210(i))
SEC. 210. SHARE-IN SAVINGS INITIATIVES.
* * *
(i) Definitions.--In this section, the terms ``contractor'',
``savings'', and ``share-in-savings contract'' have the
meanings given those terms in section 317 of the Federal
Property and Administrative Services Act of 1949 [(as added by
subsection (b))] (41 U.S.C. note preceding 3901, United States
Code).
TITLE 45--RAILROADS
Sec. 361(c) (Railroad Unemployment Insurance Act, Sec. 11(c))
Sec. 11. (a) The Secretary of the Treasury shall maintain in
the unemployment trust fund established pursuant to section 904
of the Social Security Act an account to be known as the
railroad unemployment insurance administration fund. This
unemployment insurance administration fund shall consist of (i)
such part of all contributions collected pursuant to section 8
of this Act as equals 0.65 per centum of the total compensation
on which such contributions are based; (ii) all amounts
advanced to the fund by the Secretary of the Treasury pursuant
to this section; (iii) all amounts appropriated by subsection
(b) of this section; and (iv) such additional amounts as
Congress may appropriate for expenses necessary or incidental
to administering this Act. Such additional amounts are
authorized to be appropriated.
* * *
(c) Notwithstanding any other provision of law, all moneys at
any time credited to the fund are permanently appropriated to
the Board to be continuously available to the Board without
further appropriation for any expenses necessary or incidental
to administering this Act, including personal services in the
District of Columbia and elsewhere; travel expenses, including
expenses of attendance at meetings when authorized by the
Board; actual transportation expenses and not to exceed $10 per
diem to cover subsistence and other expenses while in
attendance at and en route to and from the place to which he is
invited, to any person other than an employee of the Federal
Government who may, from time to time, be invited to the city
of Washington or elsewhere for conference or advisory purposes
in furthering the work of the Board; when found by the Board to
be in the interest of the Government, not exceeding 3 per
centum, in any fiscal year, of the amounts credited during such
year to the fund, for engaging persons or organizations, by
contract or otherwise, for any special technical or
professional services, determined necessary by the Board,
including but not restricted to accounting, actuarial,
statistical, and reporting services, without regard to [section
3709 of the Revised Statutes (U.S.C., title 41, sec. 5)]
section 6101 of title 41 and the provisions of other laws
applicable to the employment and compensation of officers and
employees of the United States; services; advertising, postage,
telephone, telegraph, teletype, and other communication
services and tolls; supplies; reproducing, photographing, and
all other equipment, office appliances, and laborsaving
devices, including devices for internal communication and
conveyance; purchase and exchange, operation, maintenance and
repair of motor-propelled passenger-carrying vehicles to be
used only for official purposes in the District of Columbia and
in the field; printing and binding; purchase and exchange of
law books, books of reference, and directories; periodicals,
newspapers and press clippings, in such amounts as the Board
deems necessary, without regard to the provisions of section
192 of the Revised Statutes; manuscripts and special reports;
membership fees or dues in organizations which issue
publications to members only, or to members at a lower price
than to others, payment for which may be made in advance;
rentals, including garages, in the District of Columbia or
elsewhere; alterations and repairs; if found by the Board to be
necessary to expedite the certification to the Board by the
Director of the Office of Personnel Management of persons
eligible to be employed by the Board, and to the extent that
the Board finds such expedition necessary, meeting the expenses
of the Director of the Office of Personnel Management in
holding examinations for testing the fitness of applicants for
admission to the classified service for employment by the Board
pursuant to the second paragraph of section 362(l) of this
title, but not to exceed the additional expenses found by the
Board to have been incurred by reason of the holding of such
examinations; and miscellaneous items, including those for
public instruction and information deemed necessary by the
Board: Provided, That [section 3709 of Revised Statutes
(U.S.C., title 41, sec. 5)] section 6101 of title 41 shall not
be construed to apply to any purchase or procurement of
supplies or services by the Board from moneys in the fund when
the aggregate amount involved does not exceed $300.
Determinations of the Board whether the fund or an
appropriation for the administration of the Railroad Retirement
Act of 1974 is properly chargeable with the authorized
expenses, or parts thereof, incurred in the administration of
such Act, or of this Act, shall be binding and conclusive for
all purposes and upon all persons, including the Comptroller
General and any other administrative or accounting officer,
employee, or agent of the United States and shall not be
subject to review in any manner.
Sec. 1212(b) (Alaska Railroad Transfer Act of 1982, Sec. 613(b))
Sec. 613. (a) The provisions of chapter 5 of title 5, United
States Code (popularly known as the Administrative Procedure
Act, and including provisions popularly known as the Government
in the Sunshine Act), the Federal Advisory Committee Act (5
U.S.C. App. 1 et seq.), the National Historic Preservation Act
(16 U.S.C. 470 et seq.), section 4(f) of the Department of
Transportation Act (49 U.S.C. 1653(f), and the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall
not apply to actions taken pursuant to this chapter, except to
the extent that such laws may be applicable to granting of
rights-of-way under section 609 of this title.
(b) The enactment of this title, actions taken during the
transition period as provided in section 605 of this title, and
transfer of the rail properties of the Alaska Railroad under
authority of this chapter shall be deemed not to be the
disposal of Federal surplus property under [the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
484)] sections 541 through 555 of title 40, United States Code,
or the Act of October 3, 1944, popularly referred to as the
``Surplus Property Act of 1944'' (50 U.S.C. App. 1622). Such
events shall not constitute or cause the revocation of any
prior withdrawal or reservation of land for the use of the
Alaska Railroad under the Act of March 12, 1914 (43 U.S.C. 975
et seq.), the Alaska Statehood Act (note preceding 48 U.S.C.
21), the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), the Act of January 2, 1976 (Public Law 94-204; 89 Stat.
1145), the Alaska National Interest Lands Conservation Act
(Public Law 96-487; 94 Stat. 2371), and the general land and
land management laws of the United States.
TITLE 46--SHIPPING
Sec. 51703(b)(2)
Sec. 51703. Additional training
* * *
(b) Equipment, Supplies, and Contracts.--The Secretary may--
* * *
(2) without regard to [section 6101(b) to (d)]
section 6101 of title 41, make contracts for services
the Secretary considers necessary to prepare the
equipment and supplies and to supervise and administer
the additional training.
Sec. 55305(d)(2)(D)
Sec. 55305. Cargoes procured, furnished, or financed by the United
States Government
* * *
(d) Programs of Other Agencies.--
* * *
(2) The Secretary--
* * *
(D) may take other measures as appropriate
under the Federal Acquisition Regulations
issued pursuant to [section 25(c)(1) of the
Office of Federal Procurement Policy Act (41
U.S.C. 421(c)(1)] section 1303(a)(1) of title
41 or contract with respect to each violation.
TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
Sec. 1685 (Interior Department Appropriation Act, 1953, Sec. 108)
Sec. 108. After June 30, 1952, transfers to the Department of
the Interior pursuant to [the Federal Property and
Administrative Services Act of 1949] chapter 5 of title 40,
United States Code, of equipment, material and supplies, excess
to the needs of Federal agencies may be made at the request of
the Secretary of the Interior without reimbursement or transfer
of funds when required by the Interior Department for
operations conducted in the administration of the Territories
and the Trust Territory of the Pacific Islands.
TITLE 49--TRANSPORTATION
Public Law 111-350, Sec. 5(o)(1)
* * *
SEC. 5. CONFORMING CROSS-REFERENCES.
* * *
(o) Title 49.--Title 49, United States Code, is amended as
follows:
(1) In section [103(e)] 103(i), strike ``title III of
the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 251 et seq.)'' and substitute
``division C (except sections3302, 3501(b), 3509, 3906,
4710, and 4711) of subtitle I of title 41''.
Sec. 103(i)
Sec. 103. Federal Railroad Adminstration
* * *
(i) Authorities.--Subject to the provisions of [subtitle I of
title 40 and division C (except sections 3302, 3501(b), 3509,
3906, 4710, and 4711) of subtitle I] section 171(b) and (c) of
title 41, the Secretary of Transportation may make, enter into,
and perform such contracts, grants, leases, cooperative
agreements, and other similar transactions with Federal or
other public agencies (including State and local governments)
and private organizations and persons, and make such payments,
by way of advance or reimbursement, as the Secretary may
determine to be necessary or appropriate to carry out functions
at the Administration. The authority of the Secretary granted
by this subsection shall be carried out by the Administrator.
Notwithstanding any other provision of this chapter, no
authority to enter into contracts or to make payments under
this subsection shall be effective, except as provided for in
appropriations Acts.
Sec. 1113(b)(1)(B)
Sec. 1113. Administrative
* * *
(b) Additional Powers.--(1) The Board may--
* * *
(B) make agreements and other transactions necessary
to carry out this chapter without regard to [section
6101(b) to (d)] section 6101 of title 41;
Sec. 5101 note (Hazardous Materials Transportation Authorization Act of
1994, Sec. 123(a))
SEC. 123. BUY AMERICA.
(a) Compliance With [Buy American Act] Chapter 83 of Title
41, United States Code.--None of the funds made available under
this title [see Short Title of 1994 Amendment note above] may
be expended in violation of [sections 2 through 4 of the Act of
March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the `Buy
American Act')] chapter 83 of title 41, United States Code,
which are applicable to those funds.
Sec. 5334(j)
Sec. 5334. Administrative provisions
* * *
(j) Relationship to Other Laws.--(1) Section 9107(a) of title
31 applies to the Secretary of Transportation under this
chapter.
(2) [Section 6101(b) to (d)] Section 6101 of title 41 applies
to a contract for more than $1,000 for services or supplies
related to property acquired under this chapter.
Sec. 10721
Sec. 10721. Government traffic
A rail carrier providing transportation or service for the
United States Government may transport property or individuals
for the United States Government without charge or at a rate
reduced from the applicable commercial rate. [Section 6101(b)
to (d)] Section 6101 of title 41 does not apply when
transportation for the United States Government can be obtained
from a rail carrier lawfully operating in the area where the
transportation would be provided.
Sec. 13712
Sec. 13712. Government traffic
A carrier providing transportation or service for the United
States Government may transport property or individuals for the
United States Government without charge or at a rate reduced
from the applicable commercial rate. [Section 6101(b) to (d)]
Section 6101 of title 41 does not apply when transportation for
the United States Government can be obtained from a carrier
lawfully operating in the area where the transportation would
be provided.
Sec. 15504
Sec. 15504. Government traffic
A carrier providing transportation or service for the United
States Government may transport property or individuals for the
United States Government without charge or at a rate reduced
from the applicable commercial rate. [Section 6101(b) to (d)]
Section 6101 of title 41 does not apply when transportation for
the United States Government can be obtained from a carrier
lawfully operating in the area where the transportation would
be provided.
Sec. 24301 note (Amtrak Reform and Accountability Act of 1997,
Sec. 110(b))
SEC. 110. APPLICATION OF CERTAIN LAWS.
* * *
(b) Application of Federal Property and Aministrative
Services Act.--[Section 303B(m) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253b(m))]
Section 4702 of title 41, United States Code, applies to a
proposal in the possession or control of Amtrak.
Sec. 40110(d)
Sec. 40110. General procurement authority
* * *
(d) Acquisition Management System.--
* * *
(2) Applicability of federal acquisition law.--The
following provisions of Federal acquisition law shall
not apply to the new acquisition management system
developed and implemented pursuant to paragraph (1):
(A) [Division C (except sections 3302,
3501(b), 3509, 3906, 4710, and 4711) of
subtitle I] Provisions referred to in section
171(c) of title 41.
(B) [Division B (except sections 1704 and
2303) of subtitle I] Provisions referred to in
section 172(b) of title 41.
* * *
(3) Certain provisions [of division b (except
sections 1704 and 2303) of subtitle i] referred to in
section 172(b) of title 41.--Notwithstanding paragraph
(2)(B), chapter 21 of title 41 shall apply to the new
acquisition management system developed and implemented
under paragraph (1) with the following modifications:
* * *
(B) Within 90 days after the date of the
enactment of the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century,
the Administrator shall adopt definitions for
the acquisition management system that are
consistent with the purpose and intent of the
[Office of Federal Procurement Policy Act]
provisions referred to in section 172(b) of
title 41.
(C) After the adoption of those definitions,
the criminal, civil, and administrative
remedies provided under the [Office of Federal
Procurement Policy Act] provisions referred to
in section 172(b) of title 41 apply to the
acquisition management system.
(D) In the administration of the acquisition
management system, the Administrator may take
adverse personnel action under [section
27(e)(3)(A)(iv) of the Office of Federal
Procurement Policy Act] section 2105(c)(1)(D)
of title 41 in accordance with the procedures
contained in the Administration's personnel
management system.
Sec. 40110 note (Department of Transportation and Related Agencies
Appropriations Act, 1997, Sec. 351(b))
Sec. 351. Not later than December 31, 1997, the Administrator
of the Federal Aviation Administration shall--
* * *
(b) submit to the Congress a report on the findings
of that independent assessment: Provided, That for
purposes of this section, the term `full and open
competition' has the meaning provided that term in
[section 4(6) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(6))] section 107 of title 41,
United States Code.
Sec. 40110 note (Federal Acquisition Streamlining Act of 1994,
Sec. 5063)
SEC. 5063. FEDERAL AVIATION ADMINISTRATION ACQUISITION PILOT
PROGRAM.
* * *
(f) Waiver of Procurement Regulations.--(1) In conducting the
test under this section, the Secretary of Transportation, with
the approval of the Administrator for Federal Procurement
Policy, may waive--
* * *
(2) The provisions of law referred to in paragraph (1) are as
follows:
* * *
[(B) The following provisions of the Federal Property
and Administrative Services Act of 1949:
(i) Section 303 ([former] 41 U.S.C. 253) [see
41 U.S.C. 3105, 3301, 3303 to 3305].
(ii) Section 303A ([former] 41 U.S.C. 253a)
[see 41 U.S.C. 3306].
(iii) Section 303B ([former] 41 U.S.C. 253b)
[now 41 U.S.C. 3308, 3701 to 3708, 4702].
(iv) Section 303C [former] (41 U.S.C. 253c)
[now 41 U.S.C. 3311].
(C) The following provisions of the Office of Federal
Procurement Policy Act:
(i) Section 4(6) ([former] 41 U.S.C. 403(6))
[see 41 U.S.C. 107].
(ii) Section 18 ([former] 41 U.S.C. 416) [see
41 U.S.C. 1708].]
(B) Sections 107, 1708, 3105, 3301(a), (b)(1), and
(c), 3303 through 3306(e), 3308, and 3311, chapter 37,
and section 4702 of title 41, United States Code.
(g) Definition.--In this section, the term ``commercial
item'' has the meaning provided that term in [section 4(12) of
the Office of Federal Procurement Policy Act] section 103 of
title 41, United States Code.
Sec. 47305(d)
Sec. 47305. Administrative
* * *
(d) Advertising Not Required.--[Section 6101(b) to (d)]
Section 6101 of title 41 does not apply to a lease or contract
made by the Secretary of Transportation or Commerce under this
chapter.
Sec. 50101 note (Federal Aviation Administration Authorization Act of
1994, Sec. 305(b))
SEC. 305. USE OF DOMENSTIC POWERS.
* * *
(b) Compliance With [Buy American Act] Chapter 83 of Title
41, United States Code.--(1) Except as provided in paragraph
(2), the head of each office within the Federal Aviation
Administration that conducts procurements shall ensure that
such procurements are conducted in compliance with [sections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a through
10c, popularly known as the ``Buy American Act''] chapter 83 of
title 41, United States Code.
TITLE 50--WAR AND NATIONAL DEFENSE
Sec. 167b(c)(2) (Helium Act, Sec. 4(c)(2))
SEC. 4. STORAGE, TRANSPORTATION, AND WITHDRAWAL OF CRUDE
HELIUM.
* * *
(c) Disposal of Facilities.--
* * *
(2) Applicable law.--The disposal of such property
shall be in accordance with [the Federal Property and
Administrative Services Act of 1949] chapter 5 of title
40, United States Code.
Sec. 198(d) (Act of August 9, 1954, Sec. 3(d))
Sec. 3. (a) Any vessel not documented under the laws of the
United States, acquired by or made available to the Secretary
of Transportation under this Act, or otherwise, may,
notwithstanding any other provision of law, in the discretion
of the Secretary of the department in which the Coast Guard is
operating be documented as a vessel of the United States under
such rules and regulations or orders, and with such
limitations, as the Secretary of the department in which the
Coast Guard is operating may prescribe or issue as necessary or
appropriate to carry out the purposes and provisions of this
Act, and in accordance with the provisions of subsection (c)
hereof, engage in the coastwise trade when so documented. Any
document issued to a vessel under the provisions of this
subsection shall be surrendered at any time that such surrender
may be ordered by the Secretary of the department in which the
Coast Guard is operating. No vessel, the surrender of the
documents of which has been so ordered, shall, after the
effective date of such order, have the status of a vessel of
the United States unless documented anew.
* * *
(d) The Secretary of Transportation without regard to the
provisions of [section 3709 of the Revised Statutes] section
6101 of title 41, United States Code, may repair, reconstruct,
or recondition any vessels to be utilized under this Act. The
Secretary of Transportation and any other Government department
or agency by which any vessel is acquired or chartered, or to
which any vessel is transferred or made available under this
Act may, with the aid of any funds available and without regard
to the provisions of [said section 3709] said section 6101,
repair, reconstruct, or recondition any such vessels to meet
the needs of the services intended, or provide facilities for
such repair, reconstruction, or reconditioning. The Secretary
of Transportation may operate or charter for operation any
vessel to be utilized under this Act to private operators,
citizens of the United States, or to any department or agency
of the United States Government, without regard to the
provisions of title VII of the Merchant Marine Act, 1936, and
any department or agency of the United States Government is
authorized to enter into such charters.
Sec. 403-1(q)(4)(B) (National Security Act of 1947, Sec. 102A(q)(4)(B))
Sec. 102A. (a) Provision of Intelligence.--(1) The Director
of National Intelligence shall be responsible for ensuring that
national intelligence is provided--
* * *
(q) Acquisitions of Major Systems.--(1) For each intelligence
program within the National Intelligence Program for the
acquisition of a major system, the Director of National
Intelligence shall--
* * *
(4) In this subsection:
* * *
(B) The term ``major system'' has the meaning given
such term in [section 4(9) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 403(9))
section 109 of title 41, United States Code.
Sec. 415(a)(2)(B)(i) (National Security Act of 1947,
Sec. 505(a)(2)(B)(i))
Sec. 505. (a)(1) The transfer of a defense article or defense
service, or the anticipated transfer in any fiscal year of any
aggregation of defense articles or defense services, exceeding
$1,000,000 in value by an intelligence agency to a recipient
outside that agency shall be considered a significant
anticipated intelligence activity for the purpose of this
title.
(2) Paragraph (1) does not apply if--
* * *
(B) the transfer--
(i) is being made pursuant to authorities
contained in part II of the Foreign Assistance
Act of 1961, the Arms Export Control Act, title
10 of the United States Code (including a law
enacted pursuant to section 7307(a) of that
title), or the [Federal Property and
Administrative Services Act of 1949] provisions
referred to in section 171(b) and (c) of title
41 of the United States Code, and
Sec. 415a-5(e)(1) (National Security Act of 1947, Sec. 506C(e)(1))
Sec. 506C. (a) Initial Vulnerability Assessments.--(1)(A)
Except as provided in subparagraph (B), the Director of
National Intelligence shall conduct and submit to the
congressional intelligence committees an initial vulnerability
assessment for each major system and its significant items of
supply--
* * *
(e) Definitions.--In this section:
(1) The term ``item of supply'' has the meaning given
that term in [section 4(10) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(10))] section 108
of title 41, United States Code.
Sec. 1651(a) (National Emergencies Act, Sec. 502(a))
Sec. 502. (a) The provisions of this Act shall not apply to
the following provisions of law, the powers and authorities
conferred thereby, and actions taken thereunder:
(1) [Act of June 30, 1949 (41 U.S.C. 252) Provisions
of law referred to in section 171(b) and (c) of title
41, United States Code;
* * *
(3) [Section 3737 of the Revised Statutes, as amended
(41 U.S.C. 15)] Section 6305 of title 41, United States
Code;
Sec. 1701 note (Sudan Accountability and Divestment Act of 2007,
Sec. Sec. 2(3), 6)
SEC. 2. DEFINITIONS.
In this Act:
* * *
(3) Executive agency.--The term ``executive agency''
has the meaning given the term in [section 4 of the
Office of Federal Procurement Policy Act (41 U.S.C.
403)] section 133 of title 41, United States Code.
* * *
SEC. 6. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS.
* * *
(b) Remedies.--
* * *
(4) Inclusion on list of parties excluded from
federal procurement and nonprocurement programs.--The
Administrator of General Services shall include on the
List of Parties Excluded from Federal Procurement and
Nonprocurement Programs maintained by the Administrator
under part 9 of the Federal Acquisition Regulation
issued under [section 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 421)] section 1303 of
title 41, United States Code, each contractor that is
debarred, suspended, proposed for debarment or
suspension, or declared ineligible by the head of an
executive agency on the basis of a determination of a
false certification under paragraph (1).
* * *
(d) Implementation Through the Federal Acquisition
Regulation.--Not later than 120 days after the date of the
enactment of this Act, the Federal Acquisition Regulatory
Council shall amend the Federal Acquisition Regulation issued
pursuant to [section 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 421)] section 1303 of title 41, United
States Code, to provide for the implementation of the
requirements of this section.
Sec. 1701 note (Iran Sanctions Act of 1996, Sec. 6(b)(1), (2)(B), (6))
SEC. 6. DESCRIPTION OF SANCTIONS.
* * *
(b) Additional Measure Relating to Government Contracts.--
(1) Modification of federal acquisition regulation.--
(A) Certifications relating to activities
described in section 5.--Not later than 90 days
after the date of the enactment of the
Comprehensive Iran Sanctions, Accountability,
and Divestment Act of 2010, the Federal
Acquisition Regulation shall be revised to
require a certification from each person that
is a prospective contractor that the person,
and any person owned or controlled by the
person, does not engage in any activity for
which sanctions may be imposed under section 5.
(B) Certifications relating to transactions
with iran's revolutionary guard corps.--Not
later than 120 days after the date of the
enactment of the Iran Threat Reduction and
Syria Human Rights Act of 2012, the Federal
Acquisition Regulation shall be revised to
require a certification from each person that
is a prospective contractor that the person,
and any person owned or controlled by the
person, does not knowingly engage in a
significant transaction or transactions with
Iran's Revolutionary Guard Corps or any of its
officials, agents, or affiliates the property
and interests in property of which are blocked
pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.).
(2) Remedies.--
* * *
(B) Inclusion on list of parties excluded
from federal procurement and nonprocurement
programs.--The Administrator of General
Services shall include on the List of Parties
Excluded from Federal Procurement and
Nonprocurement Programs maintained by the
Administrator under part 9 of the Federal
Acquisition Regulation each person that is
debarred, suspended, or proposed for debarment
or suspension by the head of an executive
agency on the basis of a determination of a
false certification under subparagraph (A).
* * *
(6) Definitions.--In this subsection:
(A) Executive agency.--The term `executive
agency' has the meaning given that term in
section 133 of title 41, United States Code.
Sec. 1902(a)(4) (David L. Boren National Security Education Act of
1991, Sec. 802(a)(4))
SEC. 802. SCHOLARSHIP, FELLOWSHIP, AND GRANT PROGRAM.
(a) Program Required.--
* * *
(4) Contract authority.--The Secretary may enter into
one or more contracts, with private national
organizations having an expertise in foreign languages,
area studies, counterproliferation studies, and other
international fields, for the awarding of the
scholarships, fellowships, and grants described in
paragraph (1) in accordance with the provisions of this
chapter. The Secretary may enter into such contracts
without regard to [section 3709 of the Revised Statutes
(41 U.S.C. 5)] section 6101 of title 41, United States
Code, or any other provision of law that requires the
use of competitive procedures. In addition, the
Secretary may enter into personal service contracts for
periods up to one year for program administration,
except that not more than 10 such contracts may be in
effect at any one time.
Sec. 2402(c) (National Nuclear Security Administration Act,
Sec. 3212(c))
SEC. 3212. ADMINISTRATOR FOR NUCLEAR SECURITY.
* * *
(c) Procurement Authority.--The Administrator is the senior
procurement executive for the Administration for the purposes
of [section 16(3) of the Office of Federal Procurement Policy
Act (41 U.S.C. 414(3))] section 1702(c)(1) and (2) of title 41,
United States Code.
Sec. 2462 (National Nuclear Security Administration Act, Sec. 3262)
SEC. 3262. COMPLIANCE WITH FEDERAL ACQUISITION REGULATION.
The Administrator shall establish procedures to ensure that
the mission and programs of the Administration are executed in
full compliance with all applicable provisions of the Federal
Acquisition Regulation issued pursuant to the [Office of
Federal Procurement Policy Act (41 U.S.C. 401 et seq.)]
provisions referred to in section 172(b) of title 41, United
States Code.
Sec. 2601(f) (Atomic Energy Defense Act, Sec. 4421(f))
SEC. 4421. PROJECTS TO ACCELERATE CLOSURE ACTIVITIES AT DEFENSE
NUCLEAR FACILITIES.
* * *
(f) Multiyear Contracts.--Notwithstanding [section 304B(d) of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 254c(d))] section 3903(a) and (c) of title 41,
United States Code, the Secretary of Energy may enter into
multiyear contracts to carry out projects selected under this
section for up to 10 program years.
Sec. 2781(b)(1) (Atomic Energy Defense Act, Sec. 4801(b)(1))
SEC. 4801. COSTS NOT ALLOWED UNDER COVERED CONTRACTS.
(a) In General.--The following costs are not allowable under
a covered contract:
* * *
(b) Regulations.--(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 22 of the Office of Federal
Procurement Policy Act (41 U.S.C. 418b)] section 1707 of title
41, United States Code.
TITLE 50 APPENDIX--WAR AND NATIONAL DEFENSE
Sec. 1918(b) (Joint Resolution of December 30, 1947, Sec. 8(b))
Sec. 8.(a) In order to alleviate shortages in foods and
feeds, and to assist in stabilizing prices, the President shall
carry out a program for the conservation of food and feed. In
carrying out such program, the President is authorized, through
the dissemination of information, educational and other
campaigns, the furnishing of assistance, and such other
voluntary and cooperative measures as he deems necessary or
appropriate, to encourage and promote the efficient
utilization, care, and preservation of food and feed, the
elimination of practices which waste food and feed, the control
and eradication of insects and rodents, the consumption of less
of these foods and feeds which are in short supply and more of
those foods and feeds which are in abundant supply, and other
conservation practices. The authority herein conferred may be
exercised by the President through such departments, agencies,
independent establishments, and officials of the Federal
Government and such State, local, and private agencies as he
may determine.
(b) There is hereby authorized to be appropriated to the
President such sums as may be necessary to carry out this
section. To enable the President to carry out this section for
the remainder of the fiscal year ending June 30, 1948, there is
made available not to exceed $1,000,000 from any funds made
available by the Congress for carrying out Public Law 84,
Eightieth Congress, or from any funds made available by the
Congress for interim foreign aid. Funds made available for the
purpose of this section may be used for necessary
administrative expenses, including personal services in the
District of Columbia and elsewhere, purchase or hire of motor
vehicles, temporary or intermittent services of experts or
consultants or organizations thereof, including stenographic
reporting services, by contract, without regard to the civil
service and classification laws (the compensation of any such
individual not to exceed $50 per day). Funds made available for
the purposes of this section may be allotted for any of the
purposes of this section to any department, agency, or
independent establishment of the Government, or transferred to
any other agency requested to assist in carrying out this
section. Funds allotted to any department, agency, or
independent establishment of the Government shall be available
for obligation and expenditure in accordance with the laws
governing obligations and expenditures of the department,
agency, or independent establishment, or organizational unit
thereof concerned, and without regard to [sections 3709 and
3648 of the Revised Statutes, as amended (U.S.C., title 41,
sec. 5, and title 31, 529)] section 3324(a) and (b) of title
31, United States Code, and section 6101 of title 41, United
States Code.
Sec. 1941i note (Act of July 26, 1956)
That the Government laboratories at Akron, Ohio, now under
control of the National Science Foundation are hereby
transferred to the General Services Administration for disposal
in accordance with [the Federal Property and Administrative
Services Act of 1949] chapter 5 of title 40, United States
Code, except that the Administrator of General Services shall
first offer the laboratories for public sale before seeking to
dispose of them by transfer or assignment to any Federal
agency. The Administrator of General Services, before he offers
the laboratories to the public for sale, shall ascertain what
the value of the laboratories would be to Government agencies
which would make substantial use thereof, and the Administrator
shall not sell the laboratories to the public unless he finds,
after consultation with the Director of the Budget Bureau, that
such sale to the public would be in the best interests of the
United States, taking into consideration among other relevant
factors the value of the laboratories to any interested agency
and the amounts offered by public bidders. The National Science
Foundation is authorized to reimburse the General Services
Administration in advance for expenses necessary for the
protection and maintenance of the laboratories up to June 30,
1957.
Sec. 2077(b)(2)(B)(ii) (Defense Production Act of 1950,
Sec. 107(b)(2)(B)(ii))
SEC. 107. STRENGTHENING DOMESTIC CAPABILITY.
* * *
(b) Critical Components and Critical Technology Items.--
* * *
(2) Appropriate action.--For purposes of this
subsection, appropriate action may include--
* * *
(B) restricting contract solicitations to
domestic sources pursuant to--
* * *
(ii) [section 303(b)(1)(B) or section
303(c)(3) of the Federal Property and
Administrative Services Act of 1949]
section 3303(a)(1)(B) or section
3304(a)(3) of title 41, United States
Code; or
Sec. 2154(b) (Defense Production Act of 1950, Sec. 704(b))
SEC. 704. REGULATIONS AND ORDERS.
* * *
(b) Procurement Regulations.--Any procurement regulation,
procedure, or form issued pursuant to subsection (a) shall be
issued pursuant to [section 25 of the Office of Federal
Procurement Policy Act] section 1303 of title 41, United States
Code, and shall conform to any governmentwide procurement
policy or regulation issued pursuant to [section 6 or 25 of
that Act] section 1121(b) and (d) or 1303(a)(1) of that title.
Sec. 2159(c) (Defense Production Act of 1950, Sec. 709(c))
SEC. 709. PUBLIC PARTICIPATION IN RULEMAKING.
* * *
(c) Public Comment on Procurement Regulations.--Any
procurement policy, regulation, procedure, or form (including
any amendment or modification of any such policy, regulation,
procedure, or form) issued under this Act shall be subject to
[section 22 of the Office of Federal Procurement Policy Act]
section 1707 of title 41, United States Code.
TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS
Sec. 20113(c)(4)
Sec. 20113. Powers of the Administration in performance of functions
* * *
(c) Property.--In the performance of its functions, the
Administration is authorized--
* * *
(4) to sell and otherwise dispose of real and
personal property (including patents and rights
thereunder) in accordance with the provisions of
[chapters 1 to 11 of title 40 and in accordance with
title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.)] chapter 5
of title 40; and
Sec. 30704(2)
Sec. 30704. Offshore performance of contracts for the procurement of
goods and services
The Administrator shall submit to Congress, not later than
120 days after the end of each fiscal year, a report on the
contracts and subcontracts performed overseas and the amount of
purchases directly or indirectly by the Administration from
foreign entities in that fiscal year. The report shall
separately indicate--
* * *
(2) the items and their dollar values for which [the
Buy American Act (41 U.S.C. 10a et seq.)] chapter 83 of
title 41 was waived pursuant to obligations of the
United States under international agreements.