[House Report 117-67]
[From the U.S. Government Publishing Office]


117th Congress     }                                   {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session       }                                   {       117-67

======================================================================



 
TO MAKE IMPROVEMENTS IN THE ENACTMENT OF TITLE 41, UNITED STATES CODE, 
           INTO A POSITIVE LAW TITLE AND TO IMPROVE THE CODE

                                _______
                                

   June 22, 2021.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

           Mr. Nadler, from the Committee on the Judiciary, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3239]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3239) 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.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
 Committee Votes.................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Duplication of Federal Programs..................................     4
Performance Goals and Objectives.................................     4
Advisory on Earmarks.............................................     4
Section-by-Section Analysis......................................     5
Changes in Existing Law Made by the Bill, as Reported............     9

                          Purpose and Summary

    Following up on the enactment of Title 41, United States 
Code (``Public Contracts''), into positive law in the 111th 
Congress, H.R. 3239 would make technical amendments to laws 
classified to various titles of the United States Code.

                Background and Need for the Legislation

    The House of Representatives has assigned to the Judiciary 
Committee responsibility for the ``Revision and codification of 
the Statutes of the United States.''\1\ In modern practice, 
this responsibility entails periodically updating the United 
States Code (``the Code''). Currently organized in 54 titles 
based on subject matter, the Code contains all of the general 
and permanent laws of the United States. Congress created the 
Code in 1926 to compile federal laws into a sensible, up-to-
date collection that would spare people the labor of searching 
for laws in the chronologically-organized volumes of the 
Statutes at Large.\2\ To date, 25 of these 54 titles have been 
enacted into ``positive law,'' which means the text of these 
titles is itself the law,\3\ while the remaining titles are 
``non-positive,'' meaning that they organize federal statutes 
for users' convenience, but do not themselves have the force of 
law.\4\
---------------------------------------------------------------------------
    \1\Clause 1(l)(17) of House Rule X.
    \2\The Statutes at Large is the collection of laws passed in a 
particular session of Congress, arranged in sequence by public law 
number, https://www.archives.gov/federal-register/publications/
statutes.html. The content of the Statutes at Large is considered 
``legal evidence of laws, concurrent resolutions, treaties, 
international agreements other than treaties, proclamations by the 
President, and proposed or ratified amendments to the Constitution of 
the United States therein contained, in all the courts of the United 
States, the several States, and the Territories and insular possessions 
of the United States.'' 1 U.S.C. Sec. 112.
    \3\For example, H.R. 2694 (117th Congress) proposes amending Title 
18 (``Crimes and Criminal Procedure''), which is a positive title of 
the U.S. Code, so it is drafted to directly amend a provision of that 
title (``Section 4285 of title 18, United States Code, is amended in 
the first sentence . . . .''). The content of positive-law Code titles 
is considered ``legal evidence of the laws therein contained, in all 
the courts of the United States, the several States, and the 
Territories and insular possessions of the United States.'' 1 U.S.C. 
Sec. 204.
    \4\For example, H.R. 2922 (117th Congress) proposes amending 
section 101(b) of the Elder Abuse Prevention and Prosecution Act, which 
is complied in Title 34 (``Crime Control and Law Enforcement''), a non-
positive title of the Code. In this situation, the bill amends the 
underlying law and includes a parenthetical citation to its location in 
Title 34 as a convenience (``Section 101(b) of the Elder Abuse 
Prevention and Prosecution Act (34 U.S.C. 21711(b)) is amended to read 
. . .''). The contents of non-positive titles ``establish prima facie 
the laws of the United States, general and permanent in their nature, 
in force on the day preceding the commencement of the session following 
the last session the legislation of which is included.'' 1 U.S.C. 
Sec. 204.
---------------------------------------------------------------------------
    The entity responsible for updating the Code as Congress 
passes new laws or amends existing ones is the Office of the 
Law Revision Counsel (OLRC).\5\ Established within the House of 
Representatives, OLRC's purpose is ``to develop and keep 
current an official and positive codification of the laws of 
the United States,'' while maintaining strict impartiality as 
to issues of legislative policy.\6\ The Judiciary Committee 
plays an essential role in OLRC's mission. OLRC is required:
---------------------------------------------------------------------------
    \5\Office of the Law Revision Counsel, U.S. Code, home page, 
https://uscode.house.gov/.
    \6\H. Res. 988 (93d Congress), Sec. 205(c), as enacted into law by 
Pub. L. 93-554 (2 U.S.C. Sec. 285a)
---------------------------------------------------------------------------
          (1) To prepare, and submit to the Committee on the 
        Judiciary one title at a time, a complete compilation, 
        restatement, and revision of the general and permanent 
        laws of the United States which conforms to the 
        understood policy, intent, and purpose of the Congress 
        in the original enactments, with such amendments and 
        corrections as will remove ambiguities, contradictions, 
        and other imperfections both of substance and of form, 
        separately stated, with a view to the enactment of each 
        title as positive law.\7\
---------------------------------------------------------------------------
    \7\Id., (2 U.S.C. Sec. 285b)
---------------------------------------------------------------------------
    Following this procedure, OLRC recently submitted the text 
of H.R. 3239 to the Judiciary Committee for consideration. The 
bill proposes ``follow up'' changes to Title 41, which was 
enacted into positive law as Public Law 111-350 in 2011.\8\ It 
updates statutory references in the Code to properly reflect 
Title 41's status as a positive-law title, to incorporate 
provisions into title 41 enacted since 2011, to make clarifying 
amendments, and to correct technical errors.\9\ The Judiciary 
Committee marked up legislation very similar to H.R. 3239 in 
the 112th and 115th Congresses, but these bills did not become 
law.\10\
---------------------------------------------------------------------------
    \8\Pub. L. 111-350, 124 Stat. 367 (2011). For the Judiciary 
Committee's role in the enactment of this law, see H. Rept. 111-42.
    \9\OLRC, Positive Law Codification, Title 41, U.S. Code, Public 
Contracts, Background, https://uscode.house.gov/codification/t41/
index.html.
    \10\H.R. 6080 (112th Congress) and H.R. 6762 (115th Congress).
---------------------------------------------------------------------------

                                Hearings

    The Committee did not hold any hearings related to H.R. 
3239.

                        Committee Consideration

    On Tuesday, May 18, 2021, the Committee met in open session 
and ordered the bill, H.R. 3239, favorably reported without 
amendment, by a voice vote, a quorum being present.

                            Committee Votes

    No rollcall votes occurred during the Committee's 
consideration of H.R. 3239.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of House rule X, are incorporated in the descriptive portions 
of this report.

               New Budget Authority and Tax Expenditures

    In compliance with clause 3(c)(2) of House rule XIII and 
section 308(a) of the Congressional Budget Act of 1974, and in 
compliance with clause (3)(c)(3) of House rule XIII and section 
402 of the Congressional Budget Act of 1974, the Committee sets 
forth, with respect to the bill, H.R. 3239, the following 
analysis and estimate prepared by the Director of the 
Congressional Budget Office. This analysis finds that because 
it makes no substantive changes to the law, H.R. 3239 would 
have no effect on the federal budget.

	
	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 3239 would make conforming, clarifying, and technical 
changes to most titles of the United States Code that address 
public contracts. 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. The bill would make 
technical amendments to update statutory references and would 
update the United States Code to reflect newly enacted law. 
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. 3239 would have no 
effect on the federal budget.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H.R. 3239 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House rule XIII, H.R. 3239 would make improvements in the 
enactment of title 41, United States Code, into a positive law 
title and improve the Code.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H.R. 3239 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clause 9(d), 
9(e), or 9(f) of House rule XXI.

                      Section-by-Section Analysis


  Explanation of H.R. 3239, To Make Improvements in the Enactment of 
Title 41, United States Code, into a Positive Law Title and To Improve 
                                the Code


                               Background

    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. This bill makes conforming 
amendments in laws classified to various titles of the Code 
that are necessary because of the enactment of title 41 into 
positive law and makes technical changes to Public Law 111-350. 
The Office of the Law Revision Counsel of the House of 
Representatives has prepared the bill and submitted it to the 
Committee as part of the responsibilities of the Office under 
section 285b of title 2, United States Code, to provide 
revisions in titles of the Code that have been enacted into 
positive law so that those titles may be kept current and to 
update the Code to reflect newly enacted law.

                     Section-by-Section Explanation


Section 1--Table of Contents

    Section 1 of the bill provides a table of contents of the 
Act.

Section 2--Purpose

    Section 2 of the bill provides the purpose of the Act.

Sections 3 through 40--Technical Amendments

    Sections 3 through 40 of the Act make technical amendments 
to laws classified to various titles of the United States Code. 
Except as noted below, these amendments simply update statutory 
references to properly reflect the citation changes made by 
Public Law 111-350.
    In the instances noted below, amendments are made to 
incorporate recently enacted provisions into title 41, United 
States Code, to make clarifying amendments, or to correct 
technical errors in the law.
    Throughout the bill, the words ``chapter 5 of title 40'' 
and ``chapter 5 of title 40, United States Code'' are 
substituted for ``the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 471 et seq.)'' or words of like 
import for clarity where the provision in which the reference 
appears relates to the disposal of property. The relevant 
provisions of the Act are those relating to property 
management, restated in chapter 5 of title 40.
    Section 8(16) of the bill amends section 2878(e)(2) of 
title 10, United States Code, to clarify the cross-reference 
and for consistency in the United States Code. Before section 
2878(d)(2) (subsequently redesignated (e) by section 2805(d)(1) 
of Public Law 110-417 (122 Stat. 4723)) was amended by section 
3(b)(23) of Public Law 107--217 (116 Stat. 1297), the reference 
was to the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 471 et seq.). All provisions of that Act 
relating to property management are restated in chapter 5 of 
title 40.
    Section 10(1) of the bill repeals section 5(c)(2) of Public 
Law 111-350 (124 Stat. 3847). The amendment could not be 
executed because of the redesignation of paragraph (h) as 
paragraph (a)(8) by section 201(a)(1) of Public Law 108-293 
(118 Stat. 1031).
    Section 10(3) of the bill amends section 93(a)(8) of title 
14, United States Code, to clarify the cross-reference and for 
consistency in the United States Code. Before section 93(h) 
(subsequently redesignated (a)(8) by section 201(a)(1) of 
Public Law 108--293 (118 Stat. 1031)) was amended by section 
3(c)(2) of Public Law 107-217 (116 Stat. 1298), the reference 
was to the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 471 et seq.). All provisions of that Act 
relating to property management are restated in chapter 5 of 
title 40.
    Section 30(1)(A) of the bill amends section 7(b) of Public 
Law 111-350 (124 Stat. 3855) insofar as it relates to title 
III, Sec.  4 of the Act of March 3, 1933 (ch. 212) to correct 
the United States Code reference.
    Section 30(1)(B) of the bill repeals section 7(b) of Public 
Law 111-350 (124 Stat. 3855) insofar as it relates to sections 
1 and 16 of the Contract Disputes Act of 1978 (Public Law 95-
563, 41 U.S.C. 601 note), and those provisions are revived to 
read as if section 7(b) of Public Law 111-350 had not been 
enacted.
    Section 30(2) of the bill inserts chapter 73 in title 41, 
United States Code, to restate provisions that were repealed 
and omitted from the restatement of existing law by Public Law 
111-350 but that should have been included in the restatement. 
The source provision citations along with any revision notes 
are set out below.

 CHAPTER 73--FINALITY OF ADMINISTRATIVE DECISIONS IN DISPUTES ARISING 
               UNDER CONTRACTS NOT SUBJECT TO CHAPTER 71


                              Section 7301


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
7301.................................  (no source)                        ......................................
----------------------------------------------------------------------------------------------------------------

                              Section 7302


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
7302.................................  41 U.S.C. 321 (proviso)            May 11, 1954, ch. 199, Sec.  1
                                                                           (proviso), 68 Stat. 81.
----------------------------------------------------------------------------------------------------------------

                              Section 7303


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
7303.................................  41 U.S.C. 321 (words before        May 11, 1954, ch. 199, Sec.  1 (words
                                        proviso)                           before pro-viso), 68 Stat. 81.
----------------------------------------------------------------------------------------------------------------

                              Section 7304


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
7304.................................  U.S.C. 322                         May 11, 1954, ch. 199, Sec.  2, 68
                                                                           Stat. 81.
----------------------------------------------------------------------------------------------------------------

    Section 30(4) of the bill inserts sections 154, 171, and 
172 in title 41, United States Code, for convenience. Section 
154 includes additional definitions for the provisions referred 
to in section 171(c) of title 41. Sections 171 and 172 provide 
a way to reference provisions formerly contained in the Federal 
Property and Administrative Services Act of 1949 and the Office 
of Federal Procurement Policy Act, respectively. The source 
provision citations are set out below.

                              Section 154


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
154..................................  (no source)                        ......................................
----------------------------------------------------------------------------------------------------------------

SUBCHAPTER IV--REFERENCE TO PROVISIONS FORMERLY CONTAINED IN OTHER LAWS


                              Section 171


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
171..................................  (no source)                        ......................................
----------------------------------------------------------------------------------------------------------------

                              Section 172


----------------------------------------------------------------------------------------------------------------
           Revised Section                     Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
172..................................  (no source)                        ......................................
----------------------------------------------------------------------------------------------------------------

    Section 30(12)(A) of the bill amends section 1703(i)(5) of 
title 41, United States Code, by incorporating section 821(c) 
of the National Defense Authorization Act for Fiscal Year 2006 
(Pub. L. 109-163, div. A, title VIII, 119 Stat. 3386).
    Section 30(16) of the bill amends section 2313(e)(1) of 
title 41, United States Code, to incorporate language added by 
section 3010 of the Supplemental Appropriations Act, 2010 
(Public Law 111-212, 124 Stat. 2430). Section 3010 amended 
section 872(e)(1) of the Clean Contracting Act of 2008, which 
was classified to former 41 U.S.C. 417b(e)(1), and which was 
repealed and restated as section 2313(e)(1) by Public Law 111-
350. The amendment made by section 3010 applies to section 
2313(e)(1) by virtue of section 6(a) of Public Law 111-350 (124 
Stat. 3854), but the added language could not be directly 
inserted into the text. Section 30(16) rectifies the problem by 
formally incorporating the language added by section 3010 into 
the text of section 2313(e)(1).
    Section 30(21) of the bill amends section 6503(b) of title 
41, United States Code, to clarify that the party responsible 
for a breach or violation under subsection (a) is liable for 
liquidated damages both for each individual under 16 years of 
age and for each incarcerated individual and to clarify that 
the party is liable for liquidated damages for all 
underpayments of wages.
    Section 30(22)(A) of the bill amends section 6504(a) of 
title 41, United States Code. Clause (i) clarifies that the 
online version of the debarred list is to be made accessible to 
all agencies. Clause (ii) clarifies that the provision also 
applies to firms, which is not included in the definition of 
``person'' in section 6501.
    Section 30(22)(B) of the bill amends section 6504(b) of 
title 41, United States Code, to clarify that debarment covers 
all Federal contract awards.
    Section 30(23) of the bill amends section 6506(b) of title 
41, United States Code. Paragraph (A) clarifies that the 
Secretary's authority also applies to rules, which may be made 
through adjudication. Paragraph (B) clarifies that the 
Secretary does not have to prove a necessity, only that the 
Secretary's action may be necessary.
    Section 30(24)(A) of the bill amends section 6507(b) of 
title 41, United States Code, to clarify that the Secretary may 
hold hearings when there is a complaint of breach or violation 
of a stipulation or representation included in a proposal or 
contract.
    Paragraphs (27)(B) and (28)(A) of section 30 of the bill 
amend sections 6702(a) and 6703 (matter before paragraph (1)) 
of title 41, United States Code, to clarify that the $2,500 
threshold applies to Federal service contracts and is not a 
threshold under the Service Contract Act.
    Section 30(28)(B) of the bill amends section 6703(1) of 
title 41, United States Code, to avoid placing an unintended 
burden on the Department of Labor to include all classes of 
service employees performing on a contract when that may not be 
feasible or desirable when making a particular wage 
determination.
    Section 30(29)(A) of the bill amends section 6705(b)(1) of 
title 41, United States Code, to avoid placing a limitation on 
partial amounts being withheld when the available amounts are 
insufficient to cover the total amount due to any particular 
employee.
    Section 30(29)(B) of the bill amends section 6705(b)(2) of 
title 41, United States Code, to clarify that the Federal 
Government may bring action if accrued payments withheld are 
insufficient to reimburse all service employees and not just 
one service employee.
    Section 30(30) of the bill amends section 6706(b) of title 
41, United States Code, to reflect the change in title from 
``hearing examiner'' to ``administrative law judge'' by Public 
Law 95-251 (92 Stat. 183). See section 3, which provides that 
any reference to a hearing examiner appointed under section 
3105 of title 5, United States Code, shall be deemed to be a 
reference to an administrative law judge. Section 3105 
authorizes each agency to appoint as many administrative law 
judges as are necessary for proceedings to be conducted in 
accordance with sections 556 and 557 of title 5 and a 
proceeding referred to in section 6706(b) is one that must be 
conducted in accordance with sections 556 and 557.
    Section 30(31)(C)(i) of the bill amends section 6707(c)(1) 
of title 41, United States Code, to remain consistent with 
present law as it applies to successor contracts of 
collectively-bargained rates and fringe benefits negotiated for 
predecessor contracts. See 29 CFR 4.1b(a) (2d sentence).
    Section 30(31)(C)(ii) of the bill amends section 6707(c)(2) 
of title 41, United States Code, to remain consistent with 
present law as it applies to collectively-bargained rates. See 
29 CFR 4.1b(a) (2d sentence).
    Section 31(58) of the bill amends section 104(i) of the 
Alaska Power Administration Asset Sale and Termination Act 
(Public Law 104-58, 42 U.S.C. 7152 note) to clarify the cross-
reference and for consistency in the United States Code. 
Section 484 of title 40, United States Code, which provided for 
the disposal of property, was restated as subchapter III of 
chapter 5 of title 40. All provisions of title 40 relating to 
property management are restated in chapter 5 of title 40. See 
revision note for ``chapter 5 of title 40'' and ``chapter 5 of 
title 40, United States Code''.
    Section 34(2) of the bill amends section 613(b) of the 
Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1212(b)) to 
clarify the cross-reference and for consistency in the United 
States Code. Section 484 of title 40, United States Code, which 
provided for the disposal of property, was restated as 
subchapter III of chapter 5 of title 40. All provisions of 
title 40 relating to property management are restated in 
chapter 5 of title 40. See revision note for ``chapter 5 of 
title 40'' and ``chapter 5 of title 40, United States Code''.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of House rule XIII, changes 
in existing law made by the bill, H.R. 3239, as reported, are 
shown as follows:

                Changes in Existing Law Made by the BILL

    Set out below is a comparative print showing changes in 
existing law proposed by the bill. Insertions are shown in 
italic and omissions are surrounded by brackets.

                         TITLE 2--THE CONGRESS

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.--To promote efficiency and economy in contracting and 
to avoid unnecessary burdens, the Architect of the Capitol is 
granted authority to utilize special simplified procedures for 
purchases of property and services the aggregate amount of 
which does not exceed $250,000. 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, 
United States Code. 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.

Sec. 4301(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 regular employee of the 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. 6157(b) (Supplemental Appropriations Act, 1985, Sec. 195(b))

    Sec. 195. (a) Funds authorized to be expended under section 
120 of Public Law 97-51 (2 U.S.C. 61-6) may be used by the 
Majority or Minority Conference Committee of the Senate, with 
the approval of the Committee on Rules and Administration, 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.

           *       *       *       *       *       *       *

    (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.

Sec. 6599 (Public Law 97-51, Sec. 117)

    Sec. 117. For each fiscal year (beginning with the fiscal 
year which ends September 30 1982), the Sergeant of Arms and 
Door-keeper 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

            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 Antidiscrimination 
                    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. 6501 note (Telework Enhancement Act of 2010, Sec. 4(b))

SEC. 4. TELEWORK RESEARCH.

           *       *       *       *       *       *       *


    (b) Use of Contract To Carry Out Research.--The Director of 
the Office of Personnel Management may carry out subsection (a) 
under a contract entered into by the Director using competitive 
procedures under [section 303 of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253)] sections 
3105, 3301, and 3303 to 3305 of title 41, United States Code.

Sec. 7342(e)(1)

Sec. 7342. Receipt and disposition of foreign gifts and decorations

           *       *       *       *       *       *       *


    (e)(1) Except as provided in paragraph (2), gifts and 
decorations that have been deposited with an employing agency 
for disposal shall be (A) returned to the donor, or (B) 
forwarded to the Administrator of General Services for 
transfer, donation, or other disposal in accordance with the 
provisions [of subtitle I of title 40 and division C (except 
sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle 
I] referred to in section 171(b) and (c) of title 41. However, 
no gift or decoration that has been deposited for disposal may 
be sold without the approval of the Secretary of State, upon a 
determination that the sale will not adversely affect the 
foreign relations of the United States. Gifts and decorations 
may be sold by negotiated sale.

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 [section 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 2002, 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. 403(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 2002, 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 (c), (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 2002, 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 2002, 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).
                  (B) [Section 303J (41 U.S.C. 253j)] Section 
                4106 of title 41, United States Code, relating 
                to orders under task and delivery order 
                contracts.

           *       *       *       *       *       *       *

          (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 
        (2) 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 NONCOMPETITIVE 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 (U.S.C., 1934 edition, title 41, sec. 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) (Food for Trade Act, 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 other-wise 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 (c) 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. 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 3732(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 Stat. 395; 41 U.S.C. 
                254(a) and (c))] section 3901 of title 41, 
                United States Code;

                         TITLE 10--ARMED FORCES

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] referred to 
        in 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 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, 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. 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. 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. 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. 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 referred 
        to in 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 
referred to in 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 referred to in 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 damaged by mishap; 
                    reimbursement of state costs of fighting wildland 
                    fires

           *       *       *       *       *       *       *


    (b) Screening for Use of Improved Land.--Unless otherwise 
prohibited by law or the terms of the permit, 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] referred to 
in 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] Provisions of law referred to in 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. 3452 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. 3741 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)] 3741(2) 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. 8675(d)

Sec. 8675. 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 referred to in 
section 171(b) and (c) of title 41, if it is to be disposed of 
under those provisions.

Sec. 9494(b)(1)

Sec. 9494. 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 referred to in 
        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 referred to in 
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. 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, 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 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 Statutes] 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 
Statutes] 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 (matter before paragraph (1)) (Enhancing Financial 
                    Institution Safety and Soundness Act of 2010, 
                    Sec. 319 (matter before paragraph (1)))

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--

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)(2)

SEC. 5. CONFORMING CROSS-REFERENCES.

           *       *       *       *       *       *       *


    (c) Title 14.--Title 14, United States Code, is amended as 
follows:

           *       *       *       *       *       *       *

          [(2) In section 93(h), strike ``title III of the 
        Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 251 et seq.)'' and substitute 
        ``division C of subtitle I of title 41''.]

Sec. 501(d)

Sec. 501. 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. 504(a)(8)

Sec. 504. 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 title III of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 251 et 
        seq.)] chapter 5 of title 40 dispose of them;

Sec. 901(a)

Sec. 901. 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.

Sec. 1136(2)

Sec. 1136. 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.

                      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 section 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 CONSTRUCTION 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 3307 shall take 
precedence.

Sec. 313 note (Act of June 16, 1948, ch. 483, 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(v)(1) (Small Business Act, Sec. 3(v)(1))

    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.

           *       *       *       *       *       *       *

    (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. 253h 
        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.

           *       *       *       *       *       *       *

    (13) 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))] paragraphs (3) and (4) of 
section 3304(e) 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 Property 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] affairs 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(e) (Small Business Act, Sec. 36)

SEC. 36. PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS OWNED AND 
                    CONTROLLED BY SERVICE DISABLED VETERANS.

           *       *       *       *       *       *       *


    (e) 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 JavitsWagner-O'Day Act (41 U.S.C. 46 et seq.)] 
chapter 85 of title 41, United States Code.

Sec. 657q(a)(3) (Small Business Act, Sec. 44(a)(3))

SEC. 44. CONSOLIDATION OF CONTRACT REQUIREMENTS.

    (a) Definitions.--In this section--

           *       *       *       *       *       *       *

          (3) the term ``senior procurement executive'' means 
        an official designated under section 1702(c) of title 
        41, [United States Code] United States Code, as the 
        senior procurement executive for a Federal agency.

Sec. 713d-2(b) (Joint Resolution of December 30, 1947, ch. 526, 
                    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. 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 (Commodity 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) as amended by 
                the Buy American Act of 1988] 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. 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 
Property and Administrative Services Act of 1949 (63 Stat. 
377)] chapter 5 of title 40, United States Code. 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)(2)(B)(ii) (Public Law 91-661, Sec. 201(a)(2)(B)(ii))

SEC. 201. LAND ACQUISITIONS.

    (a) Authorization.--

           *       *       *       *       *       *       *

          (2) Certain portions of tracts.--

           *       *       *       *       *       *       *

                  (B) Exchange.--

           *       *       *       *       *       *       *

                          (ii) Portions not exchanged.--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.

Sec. 343b (Act of December 22, 1944, ch. 674, 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 
1136, 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 (63 Stat. 377)] 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, ch. 204, 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. 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 nonFederal 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, ch. 131, 38 Stat. 429, proviso relating 
                    to open purchase, without advertising, of seeds, 
                    cones, and nursery stock under the heading 
                    ``General Expenses, Forest Service'' under the 
                    heading ``FOREST SERVICE'')

Provided, 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, ch. 736, 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, ch. 97, 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.

           *       *       *       *       *       *       *


    (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 202, 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, ch. 193, 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 Statutes] 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. 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. 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] provisions referred to in section 171(b) and (c) of 
title 41, United States Code.

Sec. 916l (Whaling Convention Act 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.

           *       *       *       *       *       *       *


    (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. 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, United States 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. 1(a)(2) [title I, 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, 1A302(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, ch. 505, 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 Act (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.

           *       *       *       *       *       *       *


    (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. 5] 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, 1993 (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, United States Code.--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.  
                    532(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)] section 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 [section 3709 of the Revised Statutes (41 
U.S.C. 5)] section 6101 of title 41, United States Code.

              TITLE 22--FOREIGN RELATIONS AND INTERCOURSE

Sec. 272a(b)(1) (Joint Resolution of June 30, 1948, ch. 756, 
                    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, ch. 763)

    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, by 
sale at public auction, after thirty days' advertisement, at a 
price not less than that which may be fixed by three 
disinterested appraisers, to be designated by the Secretary of 
State, or by private sale, or otherwise, at not less than such 
appraised value: Provided, That any of such land as shall have 
been donated to the United States and which is no longer needed 
may be reconveyed, without cost, to the grantor or his heirs: 
Provided, further, That the lease or disposal of any land 
pursuant hereto may, in the discretion of the Secretary of 
State, be subject to reservations in favor of the United States 
for rights-of-way for irrigation, drainage, river work, and 
other purposes, and any such disposal may be conditioned upon 
and made subject to inclusion of such lands in any existing 
irrigation district in the vicinity of such lands, the proceeds 
of any such lease or sale to be covered into the Treasury of 
the United States: And provided further, That in the discretion 
of the Secretary of State, and subject to such conditions as he 
may deem appropriate, conveyances of any other of such lands 
not needed by the United States may be made to the State to 
which they lie adjacent or to any similarly situated county, 
city, or other governmental subdivision of such State, without 
cost, for use for public purposes.

Sec. 280b(b) (Joint Resolution of January 28, 1948, ch. 38, 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, ch. 97, 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, ch. 686, 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 90 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 3709 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, ch. 700, 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: 
(a) salaries of the representatives provided for in section 2 
hereof, of their appropriate staffs, and of members of the 
secretariat of the National Commission provided for in section 
3 hereof, 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; (b) travel 
expenses without regard to the Standardized Government Travel 
Regulations, as amended, the Subsistence Expense Act of 1926, 
as amended, and section 10 of the Act of March 3, 1933 (U.S.C., 
title 5, sec. 73b), 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; (c) allowances for living quarters, 
including heat, fuel, and light, as authorized by the Act 
approved June 26, 1930 (U.S.C., title 5, sec. 118a); (d) cost 
of living allowances under such rules and regulations as the 
Secretary of State may prescribe, including allowances to 
persons temporarily stationed abroad; (e) communication 
services; (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; (g) local 
transportation; (h) equipment; (i) transportation of things; 
(j) rent of offices; (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, ch. 185, 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, ch. 469, 
                    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 joint 
resolution 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 Property 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 3733 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, notwithstanding 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] 
        chapters 1 through 11 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) Iin 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. 471 and following)] chapters 1 
        through 11 of title 40, 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, ch. 93)

    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, ch. 146, first section, 4th para graph, 
                    39 Stat. 973)

    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. 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.).]

Sec. 5324(a)(3) (Indian Self-Determination 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. 5328(a)(1) (Indian Self-Determination 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. 5331(d) (Indian Self-Determination 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 amended)] 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. 5363(e)(1) (Indian Self-Determination and Education Assistance 
                    Act, Sec. 403(e)(1))

SEC. 403. FUNDING AGREEMENTS.

           *       *       *       *       *       *       *


    (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. 5389(h) (Indian Self-Determination and Education Assistance Act, 
                    Sec. 509(h))

SEC. 509. CONSTRUCTION PROJECTS.

           *       *       *       *       *       *       *


    (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. 5390 (Indian Self-Determination and Education Assistance Act, 
                    Sec. 510)

SEC. 510. FEDERAL PROCUREMENT 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.

                    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) (last sentence)

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 
Forfeit ure 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) of title 
41, 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, div. A, 
                    Sec. 101(b) [title I, 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] chapter 5 or 11 of title 40, 
United States Code, the 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 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.

The analysis for chapter 91

CHAPTER 91--UNITED STATES COURT OF FEDERAL CLAIMS

           *       *       *       *       *       *       *


1510. Third party proceedings.

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.

Sec. 1510

Sec. 1510. Third party proceedings

    (a) The United States Court of Federal Claims, on motion of 
either of the parties, or on its own motion, may summon any and 
all persons with legal capacity to be sued to appear as a party 
or parties in any suit or proceeding of any nature whatsoever 
pending in said court to assert and defend their interests, if 
any, in such suits or proceedings, within such period of time 
prior to judgment as the United States Court of Federal Claims 
shall prescribe. If the name and address of any such person is 
known or can be ascertained by reasonable diligence, and if he 
resides within the jurisdiction of the United States, he shall 
be summoned to appear by personal service; but if any such 
person resides outside of the jurisdiction of the United 
States, or is unknown, or if for any other good and sufficient 
reason appearing to the court personal service cannot be had, 
he may be summoned by publication, under such rules as the 
court may adopt, together with a copy of the summons mailed by 
registered mail to such person's last known address. The United 
States Court of Federal Claims may, upon motion of the Attorney 
General, in any suit or proceeding where there may be any 
number of persons having possible interests therein, notify 
such persons to appear to assert and defend such interests. 
Upon failure so to appear, any and all claims or interests in 
claims of any such person against the United States, in respect 
of the subject matter of such suit or proceeding, shall forever 
be barred and the court shall have jurisdiction to enter 
judgment pro confesso upon any claim or contingent claim 
asserted on behalf of the United States against any person who, 
having been duly served with summons, fails to respond thereto, 
to the same extent and with like effect as if such person had 
appeared and had admitted the truth of all allegations made on 
behalf of the United States. Upon appearance by any person 
pursuant to any such summons or notice, the case as to such 
person shall, for all purposes, be treated as if an independent 
proceeding has been instituted by such person pursuant to 
sections 1491, 1496, 1501, 1503, and 2501 of this title, and as 
if such independent proceeding had then been consolidated, for 
purposes of trial and determination, with the case in respect 
of which the summons or notice was issued, except that the 
United States shall not be heard upon any counterclaims, claims 
for damages or other demands whatsoever against such person, 
other than claims and contingent claims for the recovery of 
money hereafter paid by the United States in respect of the 
transaction or matter which constitutes the subject matter of 
such case, unless and until such person shall assert therein a 
claim, or an interest in a claim, against the United States, 
and the United States Court of Federal Claims shall have 
jurisdiction to adjudicate, as between any and all adverse 
claimants, their respective several interests in any matter in 
suit and to award several judgments in accordance therewith. 
    (b) The jurisdiction of the United States Court of Federal 
Claims shall not be affected by this section except to the 
extent necessary to give effect to this section, and no person 
shall recover judgment on any claim, or on any interest in any 
claim, in said court which such person would not have had a 
right to assert in said court if this section had not been 
enacted.

                            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, ch. 23, 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, ch. 1156, 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, 
Revised Statutes (41 U.S.C., sec. 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)] provisions 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 
(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 (National Defense Authorization Act for Fiscal Year 
                    2000, 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. 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. 1A 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. 9705(b)(3)

Sec. 9705. 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, ch. 569, 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.

           *       *       *       *       *       *       *


    (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 section 171(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)] 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''.

The analysis for chapter 1 of subtitle I

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)] Section 6101 of title 41 
        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, div. A, title 
                    XIV, Sec. 1427(b))

SEC. 1427. IMPROVEMENTS IN CONTRACTING FOR ARCHITECTURAL AND 
                    ENGINEERING SERVICES.

           *       *       *       *       *       *       *


    (b) Architectural 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)] 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, Sec. 1 [div. A], title VIII, 
                    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.

                       TITLE 41--PUBLIC CONTRACTS

PUBLIC LAW 111-350, Sec. 7(B)

SEC. 7. REPEALS.

    The following provisions of law are repealed, except with 
respect to 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 specified)
                Date                   Chapter or Public 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  ...........
  * * *
  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

     * * * * * * *
153. Simplified acquisition threshold for contract in support of 
          humanitarian or peacekeeping operation.
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) Sections 102, 103, 105 through 116, and 151 
        through 153.
          (2) Chapter 31.
          (3) Sections 3301, 3303 through 3305, 3306(a) through 
        (e), 3307(a) through (d), and 3308 through 3311.
          (4) Sections 3501(a) and 3502 through 3508.
          (5) Chapter 37.
          (6) Sections 3901 through 3903 and 3905.
          (7) Sections 4101, 4103, 4105, and 4106.
          (8) Chapter 43.
          (9) Chapter 45.
          (10) 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 102 through 105, 107 through 116, and 
        131 through 134.
          (2) Sections 1101, 1102, 1121(a) through (c)(1) and 
        (c)(3) through (f), 1122, 1124 through 1127, 1130, and 
        1131.
          (3) Chapter 13.
          (4) Chapter 15.
          (5) Sections 1701, 1702, 1703(a) through (h), (i)(2) 
        through (8), and (k), 1705, and 1707 through 1712.
          (6) Sections 1901 through 1903, 1905 through 1907, 
        and 1908(b)(1) and (2), (c)(1) and (2), and (d) through 
        (f).
          (7) Chapter 21.
          (8) Sections 2301, 2302, 2305 through 2310, and 2312.

Sec. 1101 note (Departments 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.)] as defined in 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. 1302(b)(1)(C)

Sec. 1302. Establishment and membership

           *       *       *       *       *       *       *


    (b) Membership.--
          (1) Makeup of council.--The council consists of--

           *       *       *       *       *       *       *

                  (C) [The Administrator of National 
                Aeronautics and Space] the Administrator of the 
                National Aeronautics and Space Administration; 
                and

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] the Administrator of the National 
        Aeronautics and Space Administration, 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 for 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, 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)

Sec. 1703. Acquisition workforce

           *       *       *       *       *       *       *


    (i) Training Fund.--

           *       *       *       *       *       *       *

          (5) Transfer and use of fees collected from 
        department of defense.--The Administrator of General 
        Services shall transfer to the Secretary of Defense 
        fees collected from the Department of Defense pursuant 
        to paragraph (3). The Defense Acquisition University 
        shall use the fees for acquisition workforce training. 
        Amounts transferred under this paragraph shall be in 
        addition to other amounts authorized for the Defense 
        Acquisition University.
          (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 (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

           *       *       *       *       *       *       *


    (e) Use of Database.--
          [(1) Availability to government officials.--The 
        Adminis trator 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.] 
                                      3103. 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 applies] 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 individual knowingly employed in the 
        performance of the contract.
          (2) An amount equal to the sum of each underpayment 
        of wages due an employee engaged in the performance of 
        the contract, including any underpayments arising from 
        deductions, rebates, or refunds.]
    (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 knowingly 
        employed in the performance of the contract.
          (2) An amount equal to the sum of $10 per day for 
        each incarcerated individual knowingly employed in the 
        performance of the contract.
          (3) An amount equal to the sum of wage underpayments 
        due employees 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 shall 
contain the following terms:]
    A contract, and bid specification for a contract, that 
involves an amount exceeding $2,500 and that is subject to this 
chapter under section 6702 of this title, 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.
    71. Contract Disputes.....................................      7101
    73. Finality of Administrative Decisions in Disputes 
      Arising Under Contracts Not Subject to Chapter 71.......      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.--
                          (i) Definition.--In this 
                        subparagraph, the term ``specified 
                        board'' means the Armed Services Board 
                        or the Civilian Board, whichever is 
                        specified by a contracting officer of 
                        the Central Intelligence Agency to hear 
                        an appeal from a decision being made by 
                        the contracting officer.
                          (ii) Appeal and jurisdiction.--An 
                        appeal from a decision of a contracting 
                        officer of the Central Intelligence 
                        Agency, relating to a contract made by 
                        the Central Intelligence Agency, may be 
                        filed with the specified board, and the 
                        specified board has jurisdiction to 
                        decide that appeal.
                  ([D] E) Other agency boards.--

Chapter 73

CHAPTER 73--FINALITY OF ADMINISTRATIVE DECISIONS IN DISPUTES ARISING 
                    UNDER CONTRACTS NOT SUBJECT TO CHAPTER 71

Sec.
7301. Definitions.
7302. Finality and conclusiveness of decisions.
7303. Limitation on pleading.
7304. Limitation on finality of decisions as to questions of law.

Sec. 7301. Definitions

    In this chapter:
          (1) Covered contract.--The term ``covered contract'' 
        means a contract entered into by the United States that 
        is not subject to chapter 71 of this title.
          (2) Decisionmaker.--The term ``decisionmaker'' means 
        the head of a Federal agency, a representative of the 
        head of the agency, or a board that makes a decision in 
        a dispute arising under a covered contract,

Sec. 7302. Finality and conclusiveness of decisions

    In a dispute arising under a covered contract, a decision 
by a decisionmaker is final and conclusive unless it is 
fraudulent, capricious, arbitrary, or so grossly erroneous as 
to necessarily imply bad faith or is not supported by 
substantial evidence.

Sec. 7303. Limitation on pleading

    A provision of a covered contract relating to the finality 
or conclusiveness of decisions by a decisionmaker may not be 
pleaded in a civil action as limiting judicial review to a case 
in which fraud by the decisionmaker is alleged.

Sec. 7304. Limitation on finality of decisions as to questions of law

    A covered contract may not contain a provision making the 
decision of a decisionmaker final as to questions of law.

Sec. 8301 note (Energy and Water Development Appropriations Act, 1989, 
                    Sec. 508)

SEC. 508. IMPLEMENTATION OF [BUY AMERICAN ACT] CHAPTER 83 OF TITLE 41, 
                    UNITED STATES CODE, 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 may be entered into under section 304 or 306 
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 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).

           *       *       *       *       *       *       *

          (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 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 
                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)(B) (Public Health Service Act, Sec. 319F-2(c)(7)(B))

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.--

           *       *       *       *       *       *       *

                  (B) Procurement.--

           *       *       *       *       *       *       *

                          (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. 253(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 title 
                                        41, United States Code, 
                                        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.--

           *       *       *       *       *       *       *

                  (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 Statutes 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 Revised 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. 395w-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 
        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 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 1949, as amended] the provisions 
referred to in section 171(b) and (c) of title 41, United 
States Code, 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. 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 
Facili1ties.--

           *       *       *       *       *       *       *

    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 
Property 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 [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.

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 Revised 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.

           *       *       *       *       *       *       *


    (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] 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'')

Provided, 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.

           *       *       *       *       *       *       *


    (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'')

    Provided, 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)] chapter 5 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 303J(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. 1A2(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 nonFederal 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. 1A104(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 nesia) 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, United 
                States Code;.

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 AFFORDABLE 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. 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. 427)] 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 Management.--
          (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, div. B, 
            Sec. 1000(a)(3) [title I], last proviso in 
            paragraph under heading ``administrative 
            provisions'' under heading ``UNITED STATES 
            GEOLOGICAL SURVEY'')
    Provided, 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, div. B, Sec. 1000(a)(3) 
                    [title I, 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 
nonFederal 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)] chapter 
11 of title 18, United States Code.

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), 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.
     * * * * * * *
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(b) and 
          (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(b) and (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(b) and (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 prec. 3901).

                          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, United States Code, 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, United 
States Code, 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)] chapter 5 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. 1703(b)(2)

Sec. 1703. 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 sections 3302, 3501(b), 3509, 
        3906, 4710, and 4711) of subtitle I of title 41''.

Sec. 103(i)

Sec. 103. Federal Railroad Administration

           *       *       *       *       *       *       *


    (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] referred to in 
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 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. 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 Administrative 
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. 51(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. 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.

           *       *       *       *       *       *       *


          (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. 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. 3024(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. 3095(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 8677(a) of 
                        title 10), 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. 3099(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. 4517(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. 4554(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(a) 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. 4559(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 [the 
        Federal Property and Administrative Services Act of 
        1949, as amended (40 U.S.C. 471 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.

                     TITLE 52--VOTING AND ELECTIONS

Sec. 20925(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.

                                  
                                  
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