House Report 117-67 — To Make Improvements in the Enactment of Title 41, United States Code
Summary
Report 117-67 of the 117th Congress, 1st Session, dated June 22, 2021, from the Committee on the Judiciary submitted by Mr. Nadler on H.R. 3239, a bill to make improvements in the enactment of title 41, United States Code, into a positive law title and to improve the Code. The report includes a cost estimate of the Congressional Budget Office, and the committee reports favorably, recommending that the bill do pass. Closing text of the changes shows a Buy American Act reference replaced by chapter 83 of title 41 and a Help America Vote Act provision on contracts changed to cite section 6101 of title 41.
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“House Report 117-67 — To Make Improvements in the Enactment of Title 41, United States Code.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt67-crpt-117hrpt67/
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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 var-
ious titles of the United States Code.
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19–006
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Background and Need for the Legislation
The House of Representatives has assigned to the Judiciary Com-
mittee responsibility for the ‘‘Revision and codification of the Stat-
utes 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,’’ mean-
ing that they organize federal statutes for users’ convenience, but
do not themselves have the force of law.4
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 main-
taining strict impartiality as to issues of legislative policy.6 The Ju-
diciary Committee plays an essential role in OLRC’s mission.
OLRC is required:
(1) To prepare, and submit to the Committee on the Judici-
ary 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, con-
tradictions, and other imperfections both of substance and of
form, separately stated, with a view to the enactment of each
title as positive law.7
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
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/publica-
tions/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. § 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 provi-
sion 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 in-
sular possessions of the United States.’’ 1 U.S.C. § 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. § 204.
5 Office of the Law Revision Counsel, U.S. Code, home page, https://uscode.house.gov/.
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6 H. Res. 988 (93d Congress), § 205(c), as enacted into law by Pub. L. 93–554 (2 U.S.C. § 285a)
7 Id., (2 U.S.C. § 285b)
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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 posi-
tive-law title, to incorporate provisions into title 41 enacted since
2011, to make clarifying amendments, and to correct technical er-
rors.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
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 amend-
ment, 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 Com-
mittee advises that the findings and recommendations of the Com-
mittee, 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 Con-
gressional Budget Act of 1974, the Committee sets forth, with re-
spect 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.
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://
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uscode.house.gov/codification/t41/index.html.
10 H.R. 6080 (112th Congress) and H.R. 6762 (115th Congress).
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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
As ordered reported by the House Committee on the Judiciary on May 18, 2021
By Fiscal Year, Millions of Dollars 2021 2021-2026 2021-2031
Direct Spending (Outlays) 0 0 0
Revenues 0 0 0
Increase or Decrease ( ·)
in the Deficit 0 0 0
H.R. 3239 would make conforming, clarifying, and technical
changes to most titles of the United States Code that address pub-
lic 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 govern-
ment 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 im-
prove 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.
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Insert offset folio 6 here HR67.001
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Section-by-Section Analysis
Explanation of H.R. 3239, To Make Improvements in the En-
actment 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 be-
cause of the enactment of title 41 into positive law and makes tech-
nical changes to Public Law 111–350. The Office of the Law Revi-
sion 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 ref-
erences to properly reflect the citation changes made by Public Law
111–350.
In the instances noted below, amendments are made to incor-
porate 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 ‘‘chap-
ter 5 of title 40, United States Code’’ are substituted for ‘‘the Fed-
eral 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 consist-
ency in the United States Code. Before section 2878(d)(2) (subse-
quently 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
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are restated in chapter 5 of title 40.
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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 be-
cause 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 consist-
ency 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 Prop-
erty 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, § 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 pro-
vision citations along with any revision notes are set out below.
CHAPTER 73—FINALITY OF ADMINISTRATIVE DECI-
SIONS 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, § 1 (proviso), 68 Stat. 81.
SECTION 7303
Revised Section Source (U.S. Code) Source (Statutes at Large)
7303 .................... 41 U.S.C. 321 (words be- May 11, 1954, ch. 199, § 1 (words before pro-
fore proviso) 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, § 2, 68 Stat. 81.
Section 30(4) of the bill inserts sections 154, 171, and 172 in title
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41, United States Code, for convenience. Section 154 includes addi-
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tional 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 sec-
tion 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
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contract awards.
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Section 30(23) of the bill amends section 6506(b) of title 41,
United States Code. Paragraph (A) clarifies that the Secretary’s au-
thority also applies to rules, which may be made through adjudica-
tion. Paragraph (B) clarifies that the Secretary does not have to
prove a necessity, only that the Secretary’s action may be nec-
essary.
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 per-
forming 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 insuffi-
cient 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 reim-
burse 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 ex-
aminer’’ 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 con-
ducted 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 provi-
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sions of title 40 relating to property management are restated in
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9
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 Rail-
road 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 re-
stated 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 ex-
isting 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 omis-
sions are surrounded by brackets.
TITLE 2—THE CONGRESS
§ 141a (Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999, div. B, title II, ch. 5, para-
graph under heading ‘‘GENERAL PROVISION,
THIS CHAPTER’’)
The responsibility for design, installation, and maintenance of se-
curity systems to protect the physical security of the buildings and
grounds of the Library of Congress is transferred from the Archi-
tect of the Capitol to the Capitol Police Board. Such design, instal-
lation, 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 øsection 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.
§ 471 note (Legislative Branch Appropriations Act, 1996,
§ 114)
SEC. 114. Notwithstanding the provisions of øthe Federal Prop-
erty 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 re-
search materials, and all photocopying equipment), shall be under
the administrative control of the Architect of the Capitol. Not later
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than December 31, 1995, the Architect shall submit a proposal to
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10
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.
§ 475(a) (Technology Assessment Act of 1972, § 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 perform-
ance or other bonds, and without regard to øsection 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 re-
late to technology assessment without regard to the provisions
of øsection 3548 of the Revised Statutes (31 U.S.C. 529)¿ sec-
tion 3324(a) and (b) of title 31;
§ 1108(a)(6) (John C. Stennis Center for Public Service
Training and Development Act, § 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 chap-
ter, and such contracts or modifications thereof may, with the
concurrence of two-thirds of the members of the Board, be en-
tered into without performance or other bonds, and without re-
gard to øsection 3709 of the Revised Statutes (41 U.S.C. 5)¿
section 6101 of title 41 United States Code;
§ 1151 note (Emergency Supplemental Appropriations Act,
§ 3011b)(4)(B))
SEC. 3011. RUSSIAN LEADERSHIP PROGRAM. (a) PURPOSE.—It is
the purpose of this section to establish, in accordance with the pro-
visions of this section—
* * * * * * *
(b) GRANTS.—
* * * * * * *
(4) ADMINISTRATION.—
* * * * * * *
(B) WAIVER OF COMPETITIVE BIDDING.—The Librarian of
Congress, after consultation with the Joint Committee on
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the Library of Congress, may enter into contracts under
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11
subparagraph (A)(i) to carry out the pilot program during
fiscal years 2000 and 2001 without regard to øsection 3709
of the Revised Statutes¿ section 6101 of title 41, United
States Code, or any other requirement for competitive con-
tracting or the providing of notice of contracting opportuni-
ties.
§ 1816a(a) (Legislative Branch Appropriations Act, 2008,
§ 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 øsection 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 en-
tering 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.
§ 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 øsection 3709 of
the Revised Statutes of the United States (41 U.S.C. 5)¿ section
6101 of title 41, United States Code.
§ 1821(a)(1) (Legislative Branch Appropriations Act, 2003,
§ 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 grant-
ed 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) øsection 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
§ 1964(b) (Legislative Branch Appropriations Act, 1996,
§ 308(b))
SEC. 308. (a)(1) Effective October 1, 1995, the unexpended bal-
ances 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 Cap-
itol buildings and grounds.
* * * * * * *
(b) Effective October 1, 1995, the responsibility for design and in-
stallation of security systems for the Capitol buildings and grounds
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is transferred from the Architect of the Capitol to the Capitol Police
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12
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 øsection 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.
§ 2021 note (Public Law 102–330, § 1(d))
(a) ACQUISITION OF PROPERTY.—(1) The Architect of the Capitol,
under the direction of the Senate Committee on Rules and Admin-
istration, 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 Dis-
trict of Columbia as may be necessary to carry out the provisions
of this Act øthis 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, includ-
ing 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 au-
thorized, without regard to the provisions of øsection 3709 of the
Revised Statutes of the United States¿ section 6101 of title 41,
United States Code, to enter into contracts and to make expendi-
tures 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 appro-
priated pursuant to subsection (e).
§ 2146(b)(3) (Legislative Branch Appropriations Act, 1989,
§ 307E(b)(3))
SEC. 307E. (a) The Architect of the Capitol, subject to the direc-
tion 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 pro-
vided in appropriations Acts.
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* * * * * * *
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(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 øsection 3709 of the Revised Statutes¿ sec-
tion 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 limi-
tation.
§ 4301(i)(2) (Legislative Reorganization Act of 1946,
§ 202(i)(2))
SEC. 202. (a) Each standing committee of the Senate (other than
the Committee on Appropriations) is authorized to appoint, by ma-
jority 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 minor-
ity member of such committee as the committee may deem advis-
able, 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 se-
lected. A staff member or members appointed pursuant to a re-
quest by the minority members of the committee shall be assigned
to such committee business as such minority members deem advis-
able. 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 mi-
nority members so request. Professional staff members authorized
by this subsection shall be appointed on a permanent basis, with-
out regard to political affiliation, and solely on the basis of fitness
to perform the duties of their respective positions. Such profes-
sional staff members shall not engage in any work other than com-
mittee business and no other duties may be assigned to them.
* * * * * * *
(i)(1) Each standing committee of the Senate or House of Rep-
resentatives 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 stand-
ing 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 consult-
ants, or organizations thereof, to make studies or advise the com-
mittee with respect to any matter within its jurisdiction or with re-
spect 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
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of individuals by employment at daily rates of compensation not in
excess of the per diem equivalent of the highest gross rate of com-
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14
pensation which may be paid to a regular employee of the com-
mittee. Such contracts shall not be subject to the provisions of øsec-
tion 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 ad-
vertising.
§ 6157(b) (Supplemental Appropriations Act, 1985, § 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 tem-
porary 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 juris-
diction 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
øsection 5 of title 41¿ section 6101 of title 41, United States Code,
or any other provision of law requiring advertising.
§ 6599 (Public Law 97–51, § 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 ac-
count for the Sergeant of Arms and Doorkeeper of the Senate, with-
in 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 com-
pensation which may be paid to employees of a standing com-
mittee of the Senate; and any such contract shall not be sub-
ject to the provisions of øsection 5¿ section 6101 of title 5,
United States Code, or any other provision of law requiring ad-
vertising; and
TITLE 5—GOVERNMENT
ORGANIZATIONS AND EMPLOYEES
§ 571 note (Administrative Dispute Resolution Act,
§ 3(d)(2)(B))
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* * * * * * *
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(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 Acquisi-
tion Regulation’’ means the single system of Government-wide
procurement regulation referred to in øsection 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.
§ 595(c)(10)
§ 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, corpora-
tion, or institution under øtitle 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 con-
sultants 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;
§ 2301 note (Notification and Federal Employee Anti-
discrimination and Retaliation Act of 2002, § 206)
SEC. 206. STUDIES BY GENERAL ACCOUNTING OFFICE ON EXHAUS-
TION OF ADMINISTRATIVE REMEDIES AND ON ASCER-
TAINMENT 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 con-
duct—
* * * * * * *
(B) a study on the effects of øsection 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 agen-
cies.
* * * * * * *
(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 en-
actment of this Act, the General Accounting Office shall con-
duct a study on the extent of any administrative and personnel
costs incurred by the Department of the Treasury to account
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for payments made in accordance with section 2414, 2517,
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2672, or 2677 of title 28, United States Code, and under sec-
tion 1304 of title 31, United States Code, as a result of—
* * * * * * *
(B) øthe Contracts Dispute Act of 1978 (41 U.S.C. 601
note; Public Law 95–563)¿ chapter 71 of title 41, United
States Code.
§ 3109(b)
§ 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 serv-
ices. Services procured under this section are without regard to—
* * * * * * *
(3) øsection 6101(b) to (d)¿ section 6101 of title 41, except in
the case of stenographic reporting services by an organization.
§ 3702 note (National Defense Authorization Act for Fiscal
Year 2010, § 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 De-
fense for the purposes of—
* * * * * * *
(G) øsection 27 of the Office of Federal Procurement Pol-
icy Act¿ chapter 21 of title 41, United States Code; and
§ 4105. Non-Government facilities; use of
The head of an agency, without regard to øsection 6101(b) to (d)¿
section 6101 of title 41, may make agreements or other arrange-
ments for the training of employees of the agency by, in, or through
non-Government facilities under this chapter.
§ 6501 note (Telework Enhancement Act of 2010, § 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 øsection 303 of the Federal Property and Admin-
istrative Services Act of 1949 (41 U.S.C. 253)¿ sections 3105, 3301,
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and 3303 to 3305 of title 41, United States Code.
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§ 7342(e)(1)
§ 7342. Receipt and disposition of foreign gifts and decora-
tions
* * * * * * *
(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 Adminis-
trator of General Services for transfer, donation, or other disposal
in accordance with the provisions øof subtitle I of title 40 and divi-
sion 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. How-
ever, no gift or decoration that has been deposited for disposal may
be sold without the approval of the Secretary of State, upon a de-
termination that the sale will not adversely affect the foreign rela-
tions of the United States. Gifts and decorations may be sold by ne-
gotiated sale.
§ 8709(a)
§ 8709. Insurance policies
(a) The Office of Personnel Management, without regard to øsec-
tion 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 fol-
lowing requirements:
§ 8714a(a)
§ 8714a. Optional insurance
(a) Under the conditions, directives, and terms specified in sec-
tions 8709–8712 of this title, the Office of Personnel Management,
without regard to øsection 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.
§ 8714b(a)
§ 8714b. Additional optional life insurance
(a) Under the conditions, directives, and terms specified in sec-
tions 8709 through 8712 of this title, the Office of Personnel Man-
agement, without regard to øsection 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 addi-
tional optional life insurance (without accidental death and dis-
memberment 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.
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§ 8714c(a)
§ 8714c. Optional life insurance on family members
(a) Under the conditions, directives, and terms specified in sec-
tions 8709 through 8712 of this title, the Office of Personnel Man-
agement, without regard to øsection 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 op-
tional life insurance (without accidental death and dismemberment
insurance) on the employee’s family members.
§ 8902(a)
§ 8902. Contracting authority
(a) The Office of Personnel Management may contract with quali-
fied carriers offering plans described by section 8903 or 8903a of
this title, without regard to øsection 6101(b) to (d)¿ section 6101 of
title 41 or other statute requiring competitive bidding. Each con-
tract 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.
§ 8953
§ 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 øsection 6101(b) to (d)¿ sec-
tion 6101 of title 41 or any other statute requiring competitive bid-
ding. An employee organization may contract with a qualified com-
pany 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 øthe Contract Disputes Act of 1978¿
chapter 71 of title 41 to disputes arising under this chapter be-
tween 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 ap-
peals as the Director of the Office of Personnel Management
shall specify in writing ø(after appropriate arrangements, as
described in section 8(c) of such Act)¿; and
(B) the district courts of the United States shall have origi-
nal jurisdiction, concurrent with the United States Court of
Federal Claims, of any action described in øsection 10(a)(1) of
such Act¿ section 7104(b)(1) of title 41 relative to such a dis-
pute.
* * * * * * *
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8983
§ 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 øsection 6101(b) to (d)¿ sec-
tion 6101 of title 41 or any other statute requiring competitive bid-
ding. An employee organization may contract with a qualified com-
pany 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 øthe Contract Disputes Act of 1978¿
chapter 71 of title 41 to disputes arising under this chapter be-
tween 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 ap-
peals as the Director of the Office of Personnel Management
shall specify in writing ø(after appropriate arrangements, as
described in section 8(c) of such Act)¿; and
(B) the district courts of the United States shall have origi-
nal jurisdiction, concurrent with the United States Court of
Federal Claims, of any action described in øsection 10(a)(1) of
such Act¿ section 7104(b)(1) of title 41 relative to such a dis-
pute.
§ 9003(a)
§ 9003. Contracting authority
(a) IN GENERAL.—The Office of Personnel Management shall,
without regard to øsection 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 reason-
able competition.
TITLE 6—DOMESTIC SECURITY
§ 189(b)(6) (Homeland Security Act of 2002, § 309(b)(6))
SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL LAB-
ORATORIES AND SITES IN SUPPORT OF HOMELAND SECU-
RITY 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
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this subsection under the same terms and conditions as apply
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20
to the primary sponsor of such national laboratory under øsec-
tion 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 fund-
ed research and development center by reason of this sub-
section.
§ 393 (Homeland Security Act of 2002, § 833)
SEC. 833. SPECIAL STREAMLINED ACQUISITION AUTHORITY.
* * * * * * *
(b) INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN PRO-
CUREMENTS.—
(1) IN GENERAL.—The Secretary may designate certain em-
ployees of the Department to make procurements described in
subsection (a) of this section for which in the administration of
øsection 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 sec-
tion 1902 shall be deemed to be $7,500.
(2) NUMBER OF EMPLOYEES.—The number of employees des-
ignated under paragraph (1) shall be—
(A) fewer than the number of employees of the Depart-
ment who are authorized to make purchases without ob-
taining competitive quotations, pursuant to øsection 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 sim-
plified acquisition threshold referred to in øsection 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 øsec-
tion 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 pur-
poses of property or services under the authority of this sub-
section.
§ 421 (Homeland Security Act of 2002, § 851)
SEC. 851. DEFINITION.
In this part, the term ‘‘executive agency’’ has the meaning given
that term under øsection 4(1) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(1))¿ section 133 of title 41, United States
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Code.
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§ 423(b) (Homeland Security Act of 2002, § 853(b))
SEC. 853. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR
PROCUREMENT IN SUPPORT OF HUMANITARIAN OR
PEACEKEEPING OPERATIONS OR CONTINGENCY OPER-
ATIONS
* * * * * * *
(b) SIMPLIFIED ACQUISITION THRESHOLD DEFINITIONS.—In this
section, the term ‘‘simplified acquisition threshold definitions’’
means the following:
(1) øSection 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) øSection 309(d) of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 259(d))¿ Section 153 of title
41, United States Code.
§ 424 (Homeland Security Act of 2002, § 854)
SEC. 854. INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN
PROCUREMENTS
In the administration of øsection 32 of the Office of Federal Pro-
curement 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 øsubsections (c),
(d), and (f) of such section 32¿ subsections (a), (d), and (e) of such
section 1902 shall be deemed to be $7,500.
§ 425 (Homeland Security Act of 2002, § 855)
SEC. 855. APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORI-
TIES TO CERTAIN PROCUREMENTS
(a) AUTHORITY.—
* * * * * * *
(2) COMMERCIAL ITEM LAWS.—The provisions of law referred
to in paragraph (1) are as follows:
(A) øSections 31 and 34 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 427, 430)¿ Sections 1901 and
1906 of title 41, United States Code.
* * * * * * *
(C) øSection 303(g) of the Federal Property and Adminis-
trative 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 ACQUI-
SITION PROCEDURES.—
(1) IN GENERAL.—The $5,000,000 limitation provided in øsec-
tion 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 øsection 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
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applied under the authority of this section.
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22
§ 426(a) (Homeland Security Act of 2002, § 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) øFEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT
OF 1949¿ PROVISIONS REFERRED TO IN SECTION 171(c) OF TITLE
41, UNITED STATES CODE.—In øtitle III of the Federal Property
and Administrative Services Act of 1949¿ the provisions re-
ferred to in section 171(c) of title 41, United States Code:
(A) øParagraphs (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, relat-
ing to use of procedures other than competitive procedures
under certain circumstances øsubject to section 3304(d) of
such section¿ (subject to section 3304(d) of title 41, United
States Code).
(B) øSection 303J (41 U.S.C. 253j)¿ Section 4106 of title
41, United States Code, relating to orders under task and
delivery order contracts.
* * * * * * *
(3) øOFFICE OF FEDERAL PROCUREMENT POLICY ACT¿ PROVI-
SIONS REFERRED TO IN SECTION 172(b) OF TITLE 41, UNITED
STATES CODE.—øParagraphs (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.
§ 453b(g) (American Recovery and Reinvestment Act of 2009,
§ 604(g))
SEC. 604. (a) REQUIREMENT.—
* * * * * * *
(g) APPLICABILITY TO CONTRACTS AND SUBCONTRACTS FOR PRO-
CUREMENT OF COMMERCIAL ITEMS.—This section is applicable to
contracts and subcontracts for the procurement of commercial
items not withstanding øsection 34 of the Office of Federal Procure-
ment 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.
§ 792(c) (Post-Katrina Emergency Management Reform Act
of 2006, § 692(c))
SEC. 692. LIMITATIONS ON TIERING OF SUBCONTRACTORS.
* * * * * * *
(c) COVERED CONTRACTS.—This section applies to any cost-reim-
bursement type contract or task or delivery order in an amount
greater than the simplified acquisition threshold (as defined by
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øsection 4 of the Office of Federal Procurement Policy Act (41
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23
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.
§ 794 (Post-Katrina Emergency Management Reform Act of
2006, § 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 pro-
vided in øparagraph (2) of section 303(c) of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 253(c))¿ para-
graph (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 de-
fined by øsection 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
§ 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 AC-
CORDANCE 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 des-
ignated 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 re-
ferred to in section 5 of the United States Cotton Stand-
ards Act (7 U.S.C. 55). The Secretary may provide by regu-
lation 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 øthe 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
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prescribe regulations for carrying out the purposes of this
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24
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.
§ 55(a) (United States Cotton Standards Act, § 5(a)).
SEC. 5. (a) The Secretary of Agriculture shall cause to be col-
lected such fees and charges for licenses issued to classifiers of cot-
ton under section 3 of this Act, for determinations made under sec-
tion 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 pro-
ceeds from any sale of samples, the costs incident to providing serv-
ices 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 sam-
ples shall not be subject to the provisions of øthe 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 invest-
ment 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 Fu-
tures Act (7 U.S.C. 15b). Such funds may be invested by the Sec-
retary in insured or fully collateralized, interest-bearing accounts
or, at the discretion of the Secretary, by the Secretary of the Treas-
ury in United States Government debt instruments.
§ 79(c) (United States Grain Standards Act, § 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 reinspec-
tions and appeal inspections; and the use of standard forms for offi-
cial certificates. The Secretary may provide by regulation that sam-
ples 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 provi-
sions of øthe Federal Property and Administrative Services Act of
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1949, as amended¿ chapter 5 of title 40, United States Code.
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25
§ 427i(a) (Act of June 29, 1935, § 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 com-
modities 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 begin-
ning 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 in-
dividuals as he may find qualified to carry on work under this sec-
tion without regard to the provisions of øsection 3709, Revised
Statutes¿ section 6101 of title 41, United States Code, and with re-
spect 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 con-
tract. Notwithstanding the provisions of section 5 of the Act of
June 20, 1874, as amended (31 U.S.C. 713), any unexpended bal-
ances 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 investiga-
tions available to the public through dedication, assignment to the
Government, or such other means as the Secretary shall determine.
§ 1386 (Agricultural Adjustment Act of 1938, § 386)
SEC. 386. The provisions of øsection 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
ctelli on DSK11ZRN23PROD with REPORTS
Act (except under section 383(a)).
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26
§ 1514(f) (Agricultural Adjustment Act of 1938, § 514(f))
SEC. 514.
* * * * * * *
(f) The provisions of øsection 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.
§ 1624(a) (Agricultural Marketing Act of 1946, § 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, cham-
bers of commerce, other associations of business or trade organiza-
tions, transportation and storage agencies and organizations, or
other persons or corporations engaged in the production, transpor-
tation, storing, processing, marketing, and distribution of agricul-
tural 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 øsection 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 unex-
pended balances of appropriations obligated by contracts as author-
ized 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), re-
main 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 Agri-
culture shall determine.
* * * * * * *
§ 1736a(c)(2) (Food for Trade Act, § 407(c)(2))
SEC. 407. ADMINISTRATIVE PROVISIONS.
* * * * * * *
(c) TITLES II AND III PROGRAMS.—
* * * * * * *
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(2) FREIGHT PROCUREMENT.—
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Notwithstanding the øFederal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 471 et seq.)¿ provi-
sions 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 con-
tracts, ocean transportation under titles II and III may be
procured on the basis of full and open competitive proce-
dures. Resulting contracts may contain such terms and
conditions as the Administrator determines are necessary
and appropriate.
§ 1985(c)(4) (Consolidated Farm and Rural Development Act,
§ 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 Ad-
ministration 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 prop-
erty is subject to other liens, to accept title to any property so pur-
chased or acquired; and to sell, manage, or otherwise dispose of
such property as hereinafter provided.
* * * * * * *
(c) SALE OF PROPERTY.—
* * * * * * *
(4) OTHER LAW.—The øFederal 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.
§ 2208 note (Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropria-
tions Act, 1998, § 716(a))
SEC. 716. HEREAFTER: (a) COMPLIANCE WITH øBUY 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 un-
less the entity agrees that in expending the funds the entity will
comply with øsections 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.
§ 2279b (Federal Agricultural Improvement and Reform Act
of 1996, § 921)
SEC. 921. DEPARTMENT OF AGRICULTURE EDUCATIONAL, TRAINING,
AND PROFESSIONAL DEVELOPMENT ACTIVITIES
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* * * * * * *
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28
(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
øthe 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 øFederal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 471 et seq.)¿ provisions re-
ferred 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.
§ 3318(e) (National Agricultural Research, Extension, and
Teaching Policy Act of 1977, § 1472(e))
SEC. 1472. (a) The purpose of this section is to confer upon the
Secretary general authority to enter into contracts, grants, and co-
operative agreements to further the research, extension, or teach-
ing programs in the food and agricultural sciences of the Depart-
ment of Agriculture. This authority supplements all other laws re-
lating 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 author-
ized by this section, without regard to any requirements for com-
petition, the provisions of øsection 3709 of the Revised Statutes (41
U.S.C. 5), and the provisions of section 3648 of the Revised Stat-
utes (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.
§ 5901 note (Farm Security and Rural Investment Act of
2002, § 6201(b)(2))
SEC. 6201. ALTERNATIVE AGRICULTURAL RESEARCH AND COMMER-
CIALIZATION CORPORATION
* * * * * * *
(b) DISPOSITION OF ASSETS.—On the date of enactment of this
Act—
* * * * * * *
(2) notwithstanding the øFederal 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 dis-
posal of property by a Federal agency, the Secretary shall have au-
thority to manage and dispose of the assets transferred under para-
graph (1) in a manner that, to the maximum extent practicable,
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provides the best value to the Federal Government.
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29
TITLE 8—ALIENS AND NATIONALITY
§ 1157 note (National Defense Authorization Act for Fiscal
Year 2008, § 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
øsection 4(1) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(1))¿ section 133 of title 41, United States Code.
§ 1231(g)(1) (Immigration and Nationality Act, § 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 ap-
propriate places of detention for aliens detained pending re-
moval or a decision on removal. When United States Govern-
ment 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 re-
gard to øsection 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, re-
pair, and operate facilities (including living quarters for immi-
gration officers if not otherwise available) necessary for deten-
tion.
§ 1355(a) (Immigration and Nationality Act, § 285(a))
SEC. 285 (a) Subject to such conditions and limitations as the At-
torney General shall prescribe, all exclusive privileges of exchang-
ing 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 respon-
sible and capable bidder (other than an alien) in accordance with
the provision of øsection 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 effi-
ciency. No intoxicating liquors shall be sold at any immigrant sta-
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tion.
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§ 1363a(a)(1) (Immigration and Nationality Act, § 294(a)(1))
SEC. 294. (a) IN GENERAL.—With respect to any undercover in-
vestigative operation of the Service which is necessary for the de-
tection and prosecution of crimes against the United States—
(1) sums appropriated for the Service may be used for leas-
ing space within the United States and the territories and pos-
sessions of the United States without regard to the following
provisions of law:
* * * * * * *
(B) øsection 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) øsection 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) øsection 3741 of the Revised Statutes (41 U.S.C. 22)¿
section 6306 of title 41, United States Code, and
(G) øsubsections (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
§ 2194(b)(2)
§ 2194. Education partnerships
* * * * * * *
(b) Under a partnership agreement entered into with an edu-
cational institution under this section, the director of a defense lab-
oratory may provide, and is encouraged to provide, assistance to
the educational institution by—
* * * * * * *
(2) notwithstanding the provisions øof 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 trans-
fers of surplus property, transferring to the institution any
computer equipment, or other scientific equipment, that is—
§ 2302 note (Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001, § 821)
SEC. 821. IMPROVEMENTS IN PROCUREMENTS OF SERVICES.
(a) PREFERENCE FOR PERFORMANCE-BASED SERVICE CON-
TRACTING.—Not later than 180 days after the date of the enact-
ment of this Act, the Federal Acquisition Regulation issued in ac-
cordance with øsections 6 and 25 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 405 and 421)¿ sections 1121 and 1303
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of title 41, United States Code, shall be revised to establish a pref-
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31
erence for use of contracts and task orders for the purchase of serv-
ices in the following order of precedence:
* * * * * * *
(e) DEFINITIONS.—In this section:
* * * * * * *
(2) The term ‘‘commercial item’’ has the meaning given the
term in øsection 4(12) of the Office of Federal Procurement Pol-
icy Act (41 U.S.C. 403(12))¿ section 103 of title 41, United
States Code.
§ 2302 note (National Defense Authorization Act for Fiscal
Year 1996, § 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 des-
ignation 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 øsection 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 Com-
mittee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a written notifica-
tion 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 des-
ignation, be—
* * * * * * *
(iii) awarded and administered without the application of
cost accounting standards under øsection 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 des-
ignated for participation in the defense facility-wide pilot program
and that is subject to section 2306a of title 10, United States Code,
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or øsection 26(f) of the Office of Federal Procurement Policy Act (41
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32
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 sub-
contract from the requirement to obtain certified cost or pricing
data under such section 2306a or the requirement to apply manda-
tory cost accounting standards under øsuch section 26(f)¿ such sec-
tion 1502(a) and (b) if the Secretary determines that the contract
or subcontract—
* * * * * * *
(g) SPECIAL AUTHORITY.—The authority provided under sub-
section (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 øsection 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
§ 2302c note (Federal Acquisition Streamlining Act of 1994,
§ 9002(c))
SEC. 9002. IMPLEMENTATON OF FACNET CAPABILITY IN ARMED SERV-
ICES.
* * * * * * *
(c) EFFECTIVE DATE.—A FACNET capability may be imple-
mented and used in an agency before the promulgation of regula-
tions implementing this section (as provided in section 10002). If
such implementation and use occurs, the period for submission of
bids or proposals under øsection 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.
§ 2405 note (National Defense Authorization Act for Fiscal
Year 1998, § 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 pay-
ment 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 de-
mand, and the period for appealing the decision to a court or
board under øthe Contract Disputes Act of 1978¿ chapter 71 of
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title 41, United States Code, expired before such date;
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33
§ 2461(d)(1)
§ 2461. Public-private competition required before conver-
sion 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 øsection 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47)¿
section 8503 of title 41; or
§ 2562(a)(1)
§ 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 for-
eign country or international organization pursuant to part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et seq.) or sec-
tion 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 øsubtitle 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 sub-
mits to the Defense Reutilization and Marketing Service a re-
quest for such equipment during the period for which the De-
fense Reutilization and Marketing Service accepts such a re-
quest; or
§ 2576(a)
§ 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 ex-
ceeding .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 enforce-
ment, firefighting, homeland security, and emergency management
activities, and (2) have been determined to be surplus property
under øsubtitle 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.
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34
§ 2664(a)
§ 2664. Limitations on real property acquisition
(a) AUTHORIZATION FOR ACQUISITION REQUIRED.—No military de-
partment 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 ex-
change of Government property pursuant to øsubtitle 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 sec-
tion 171(b) and (c) of title 41.
§ 2667(g)(1)
§ 2667. Leases: non-excess property of military departments
and Defense Agencies
* * * * * * *
(g) SPECIAL RULES FOR BASE CLOSURE AND REALIGNMENT PROP-
ERTY.—(1) Notwithstanding øsubsection (a)(2) or subtitle I of title
40 and title III of the Federal Property and Administrative Serv-
ices Act of 1949 (to the extent subtitle I and title III are incon-
sistent 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.
§ 2687 note (Defense Base Closure and Realignment Act of
1990, § 2905(b)(2)(A)(i))
SEC. 2905. IMPLEMENTATION
* * * * * * *
(b) MANAGEMENT AND DISPOSAL OF PROPERTY.—(1) The Adminis-
trator of General Services shall delegate to the Secretary of De-
fense, 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 dele-
gated 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 øthe Federal Prop-
erty and Administrative Services Act of 1949¿ chapter 5 of title
40, United States Code; and
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35
§ 2687 note (Defense Authorization Amendments and Base
Closure and Realignment Act, § 204(b)(2)(A)(i)
SEC. 204. IMPLEMENTATION
* * * * * * *
(b) MANAGEMENT AND DISPOSAL OF PROPERTY.—(1) The Adminis-
trator of General Services shall delegate to the Secretary, with re-
spect 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 øthe Federal Property and Adminis-
trative Services Act of 1949¿ chapter 5 of title 40, United States
Code; and
§ 2691(b)
§ 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 øof 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 re-
quired 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.
§ 2696(b)
§ 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 au-
thorized or required to be conveyed, whether for or without consid-
eration, 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 øsubtitle I of
title 40 and title III of the Federal Property and Administrative
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Services Act of 1949 (41 U.S.C. 251 et seq.)¿ chapter 5 of title 40.
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36
§ 2854a(d)(1)
§ 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 fam-
ily housing facility under this section:
(1) øSubtitle I of title 40 and division C (except sections
3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I¿ Provi-
sions of law referred to in section 171(b) and (c) of title 41.
§ 2878(e)(2)
§ 2878. Conveyance or lease of existing property and facili-
ties
* * * * * * *
(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) øSubtitle 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.
§ 3452 note (Federal Acquisition Streamlining Act of 1994,
§ 8304(5))
SEC. 8304. PROVISIONS NOT AFFECTED.
Nothing in this title shall be construed as modifying or super-
seding, or as intended to impair or restrict, authorities or respon-
sibilities under—
* * * * * * *
(5) øthe Javits-Wagner-O’Day Act (41 U.S.C. 46–48c)¿ chap-
ter 85 of title 41, United States Code.
§ 3741 note (Strom Thurmond National Defense Authoriza-
tion Act for Fiscal Year 1999, § 804(d))
SEC. 804. MODIFICATION OF SENIOR EXECUTIVES COVERED BY LIMI-
TATION ON ALLOWABILITY OF COMPENSATION FOR CER-
TAIN CONTRACTOR PERSONNEL.
* * * * * * *
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to costs of compensation of senior execu-
tives incurred after January 1, 1999, under covered contracts (as
defined in section ø2324(l)¿ 3741(2) of title 10, United States Code,
and øsection 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.
§ 8675(d)
§ 8675. Vessels stricken from Naval Vessel Register: sale
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* * * * * * *
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37
(d) APPLICABILITY.—This section does not apply to a vessel the
disposal of which is authorized by øsubtitle I of title 40 and divi-
sion 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.
§ 9494(b)(1)
§ 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 øsubtitle I of title 40 and division C (except sections 3302,
3501(b), 3509, 3906, 4710, and 4711) of subtitle I¿ the provi-
sions referred to in section 171(b) and (c) of title 41—
§ 9781(g)(1)
§ 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 øsubtitle I of title 40 and division C (except sec-
tions 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
§ 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 Govern-
ment, 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 depos-
ited 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 de-
posits. And every association so designated as receiver or deposi-
tary 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 dis-
tribute the deposits herein provided for, as far as practicable, equi-
tably between the different States and sections.
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* * * * * * *
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38
Notwithstanding the øFederal Property and Administrative Serv-
ices Act of 1949, as amended¿ provisions referred to in section
171(b) and (c) of title 41, United States Code, the Secretary may se-
lect 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 (includ-
ing State-administered benefits with the consent of the States), as
defined by the Secretary.
§ 1701c(c)(2) (Housing Act of 1948, § 502(c)(2))
SEC. 502. In carrying out his functions, powers, and duties—
* * * * * * *
(c) The Secretary of Housing and Urban Development, the Comp-
troller of the Currency, and the Federal Deposit Insurance Cor-
poration, 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
øsection 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 agen-
cy or organization with the consent of the agency or organiza-
tion concerned, and any funds available to said officers for car-
rying out their respective functions, powers, and duties shall
be available to reimburse or pay any such agency or organiza-
tion; and, whenever in the judgment of any such officer nec-
essary, 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
§ 1701z(d) (Housing and Urban Development Act of 1968,
§ 108(d))
SEC. 108. (a) In order to encourage the use of new housing tech-
nologies 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 zon-
ing 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, pub-
lic 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 build-
ing 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 test-
ing and developing new building technologies.
* * * * * * *
(d) Notwithstanding the provisions of øthe Federal Property and
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Administrative Services Act of 1949¿ chapter 5 of title 40, United
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39
States Code, any land which is excess property within the meaning
of øsuch Act¿ such chapter and which is determined by the Sec-
retary to be suitable in furtherance of the purposes of this section
may be transferred to the Secretary upon his request.
§ 1701z–2 (Housing and Urban Development Act of 1970,
§ 502)
SEC. 502. (a) The Secretary shall require, to the greatest extent
feasible, the employment of new and improved technologies, meth-
ods, 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 mate-
rials by all segments of the housing industry, communities, indus-
tries engaged in urban development activities, and the general pub-
lic. 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, mate-
rials, 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
øthe 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 øsuch 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 author-
ized in section 1701z–1 of this title either directly or, without re-
gard to øsection 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.
§ 1703(c)(2) (National Housing Act, § 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
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credit insurance, against losses which they may sustain as a result
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40
of loans and advances of credit, and purchases of obligations rep-
resenting loans and advances of credit, made by them for the pur-
pose 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, cy-
clone, flood, or other catastrophe), by the owners thereof or by les-
sees 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 prepa-
ration 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 struc-
tures which are registered in the National Register of Historic
Places or which are certified by the Secretary of the Interior to con-
form 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 re-
spect to any loan, advance of credit, or purchase, the amount of any
claim for loss on any such individual loan, advance of credit or pur-
chase 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.—øSection 3709 of the Re-
vised 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.
§ 1710(g) (National Housing Act, § 204(g))
SEC. 204. (a) IN GENERAL.—
* * * * * * *
(g) Notwithstanding any other provision of law relating to the ac-
quisition, handling, or disposal of real property by the United
States, the Secretary shall have power to deal with, complete, rent,
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renovate, modernize, insure, or sell for cash or credit, in his discre-
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41
tion, any properties conveyed to him in exchange for debentures
and certificates of claim as provided in this section; and notwith-
standing any other provision of law, the Secretary shall also have
power to pursue to final collection, by way of compromise or other-
wise, all claims against mortgagors assigned by mortgagees to the
Secretary as provided in this section: Provided, That øsection 3709
of the Revised Statutes¿ section 6101 of title 41, United States
Code, shall not be construed to apply to any contract for hazard in-
surance, 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 appro-
priate 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 relat-
ing 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 con-
strued 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 in-
terest therein to the Secretary of Housing and Urban Development,
his successors and assigns, without identifying the Secretary there-
in, 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 provi-
sions of this chapter on such terms and conditions as the Secretary
may prescribe.
§ 1713(l) (National Housing Act, § 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 protec-
tion 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, mod-
ernize, 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 Sec-
retary 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 pro-
vided 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 øsection 3709 of the Revised
ctelli on DSK11ZRN23PROD with REPORTS
Statutes¿ section 6101 of title 41, United States Code, shall not be
construed to apply to any contract for hazard insurance, or to any
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42
purchase or contract for services or supplies on account of such
property if the amount thereof does not exceed $1,000.
§ 1739(g) (National Housing Act, § 604(g))
SEC. 604. (a) In any case in which the mortgagee under a mort-
gage insured under section 603 shall have foreclosed and taken
possession of the mortgaged property, in accordance with regula-
tions 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 herein-
after 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 Sec-
retary 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 herein-
after provided. For the purposes of this subsection, the value of the
mortgage shall be determined, in accordance with rules and regula-
tions 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 fore-
closure, 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 ei-
ther of such dates, and any amount received as rent or other in-
come from the property, less reasonable expenses incurred in han-
dling 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 Sec-
retary an amount—
* * * * * * *
(g) Notwithstanding any other provision of law relating to the ac-
quisition, 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
ctelli on DSK11ZRN23PROD with REPORTS
agencies for the management of, or sell for cash or credit, in his
discretion, any properties conveyed to him in exchange for deben-
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43
tures and certificates of claim as provided in this title; and not-
withstanding 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 in-
sured under section 603 unless such suit or action is commenced
within six months after the assignment of such claim to the Sec-
retary, 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 øsection 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 re-
lease, 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 offi-
cer, agent, or employee he may appoint.
§ 1747g(h) (National Housing Act, § 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 regu-
lations 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, recon-
struct, 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
ctelli on DSK11ZRN23PROD with REPORTS
in part, any project acquired pursuant to this title; and, notwith-
standing any other provisions of law, the Secretary shall also have
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44
power to pursue to final collection by way of compromise or other-
wise 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 øsection 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 ac-
quired pursuant to this subchapter if the amount of such purchase
or contract does not exceed $1,000.
§ 1747k (National Housing Act, § 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 examina-
tion 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 estab-
lished investment if the investor shall make capital improvements
or additions to the project; the decrease of the established invest-
ment 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 in-
vestor which is subject to supervision or regulation by a State
banking, insurance, or other State department or agency, the Sec-
retary 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 øsection 3709 of the Revised Statutes¿ sec-
tion 6101 of title 41, United States Code.
§ 1750c(f) (National Housing Act, § 904(f))
SEC. 904. (a) In any case in which the mortgagee under a mort-
gage 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 Sec-
retary, or shall, with the consent of the Secretary, have otherwise
acquired such property from the mortgagor after default, the mort-
gagee shall be entitled to receive the benefit of the insurance as
hereinafter provided, upon (1) the prompt conveyance to the Sec-
retary of title to the property which meets the requirements of
rules and regulations of the Secretary in force at the time the mort-
gage 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 Sec-
retary. 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
ctelli on DSK11ZRN23PROD with REPORTS
provided, issue to the mortgagee debentures having a total face
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45
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 pro-
ceedings, or on the date of the acquisition of the property after de-
fault 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 assess-
ments 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: Pro-
vided, 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 insur-
ance, there may be included in the debentures issued by the Sec-
retary, on account of the cost of foreclosure (or of acquiring the
property by other means) actually paid by the mortgagee and ap-
proved by the Secretary an amount—
* * * * * * *
(f) Notwithstanding any other provision of law relating to the ac-
quisition, 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 deben-
tures and certificates of claim as provided in this section; and, not-
withstanding 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 øsec-
tion 3709 of the Revised Statutes¿ section 6101 of title 41, United
States Code, shall not be construed to apply to any purchase or con-
tract 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 ap-
pointed by him, without the execution of any express delegation of
power or power of attorney: Provided, That nothing in this sub-
section 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.
§ 1788(b) (Federal Credit Union Act, § 208(b))
ctelli on DSK11ZRN23PROD with REPORTS
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
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46
the Board has determined is in danger of closing or in order to as-
sist 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 pro-
tect 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 øFederal 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, mod-
ernize, insure, make contracts for the management of, sell for
cash or credit, or lease, in its discretion, any real property ac-
quired or held by it under this section; and
(2) assign or sell at public or private sale, or otherwise dis-
pose of, any evidence of debt, contract, claim, personal prop-
erty, or security assigned to or held by it under this section.
øSection 3709 of the Revised Statutes of the United States¿ Section
6101 of title 41, United States Code, shall not apply to any pur-
chase 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 prop-
erty acquired or held by it under this section.
§ 1827(g) (Federal Deposit Insurance Act, § 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, with-
out regard to øsection 3709 of the Revised Statutes¿ section 6101
of title 41, United States Code, professional services of firms and or-
ganizations 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 re-
ceipts.
§ 4516(h)(3) (Federal Housing Enterprises Financial Safety
and Soundness Act of 1992, § 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,
ctelli on DSK11ZRN23PROD with REPORTS
in the discretion of the Comptroller General, employ by con-
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47
tract, without regard to øsection 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 organiza-
tions of certified public accountants for temporary periods or
for special purposes. Upon the request of the Comptroller Gen-
eral, the Director of the Agency shall transfer to the Govern-
ment 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 Govern-
ment 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.
§ 5416 (matter before paragraph (1)) (Enhancing Financial
Institution Safety and Soundness Act of 2010, § 319
(matter before paragraph (1)))
SEC. 319. CONTRACTING AND LEASING AUTHORITY.
Notwithstanding the øFederal Property and Administrative Serv-
ices 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 Comp-
troller of the Currency may—
§ 5497(a)(5)(C) (Consumer Financial Protection Act of 2010,
§ 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 con-
ducting an audit under this subsection, the Comptroller
General may, in the discretion of the Comptroller General,
employ by contract, without regard to øsection 3709 of the
Revised Statutes of the United States (41 U.S.C. 5)¿ sec-
tion 6101 of title 41, United States Code, professional serv-
ices of firms and organizations of certified public account-
ants 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 Gov-
ernment Accountability Office, and such amount shall be
available upon receipt and without fiscal year limitation to
ctelli on DSK11ZRN23PROD with REPORTS
cover the full costs of the audit and report.
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48
TITLE 14—COAST GUARD
Public Law 111–350, § 5(c)(2)
SEC. 5. CONFORMING CROSS-REFERENCES.
* * * * * * *
(c) TITLE 14.—Title 14, United States Code, is amended as fol-
lows:
* * * * * * *
ø(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’’.¿
§ 501(d)
§ 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 regu-
lations under øsubtitle 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;
§ 504(a)(8)
§ 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 sub-
ject to applicable regulations under øsubtitle 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;
§ 901(a)
§ 901. Disposal of certain material
(a) The Commandant subject to applicable regulations under
øsubtitle 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 pri-
vate organization not organized for profit having an interest there-
in for historical or other special reasons, such obsolete or other ma-
ctelli on DSK11ZRN23PROD with REPORTS
terial as may not be needed for the Coast Guard.
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49
§ 1136(2)
§ 1136. Acquisition approval authority
Nothing in this subchapter shall be construed as altering or di-
minishing in any way the statutory authority and responsibility of
the Secretary of the department in which the Coast Guard is oper-
ating, or the Secretary’s designee, to—
* * * * * * *
(2) manage department acquisition activities and act as the
Acquisition Decision Authority with regard to the review or ap-
proval of a Coast Guard Level 1 or Level 2 acquisition project
or program, as required by øsection 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
§ 205c (Metric Conversion Act of 1975, § 4)
SEC. 4. As used in this Act, the term—
* * * * * * *
(5) ‘‘full and open competition’’ has the same meaning as de-
fined in øsection 403(6) of title 41, United States Code¿ section
107 of title 41, United States Code;
* * * * * * *
(8) ‘‘cost or pricing data or price analysis’’ øhas 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
§ 205f(4) (Metric Conversion Act of 1975, § 7(4))
SEC. 7. In carrying out its duties under this Act, the Board
may.—
* * * * * * *
(4) enter into contracts, in accordance with the øFederal
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;
§ 205l(a) (Metric Conversion Act of 1975, § 14(a))
SEC. 14. IMPLEMENTATION IN ACQUISITION OF CONSTRUCTION SERV-
ICES AND MATERIALS FOR FEDERAL FACILITIES.
(a) IN GENERAL.—Construction services and materials for Fed-
eral 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, øtitle III of the Fed-
eral 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,
ctelli on DSK11ZRN23PROD with REPORTS
United States Code, and section 3(2) of this Act. Determination of
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50
a design method shall be based upon preliminary market research
as required under section 2377(c) of title 10, United States Code,
and øsection 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 øsec-
tion 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 ø2377 or 314B¿ section
2377 or subsections (b) through (d) of section 3307 shall take prece-
dence.
§ 313 note (Act of June 16, 1948, ch. 483, § 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 expendi-
tures for the development and purchase of special meteorological
instruments and other equipment (including motor vehicles and
aircraft), without regard to the provisions of øsection 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.
§ 631 note (Small Business Reauthorization Act of 1997,
§ 417(a))
SEC. 417. DEADLINES FOR ISSUANCE OF REGULATIONS.
(a) PROPOSED REGULATIONS.—Proposed amendments to the Fed-
eral Acquisition Regulation or proposed Small Business Adminis-
tration 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 øsection 22 of the Office of Federal Procure-
ment 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 appro-
priate. The public shall be afforded not less than 60 days to submit
comments.
§ 632(v)(1) (Small Business Act, § 3(v)(1))
SEC. 3. (a)(1) For the purposes of this Act, a small-business con-
cern, 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 re-
lated industries, shall be deemed to be one which is independently
owned and operated and which is not dominant in its field of oper-
ation: 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 ex-
cess 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
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contract that is entered into under the authority of øsections
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51
303H through 303K of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 253h through 253k)¿ sec-
tions 4101, 4103, 4105, and 4106 of title 41, United States
Code; and
§ 634 (Small Business Act, § 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, commis-
sion, independent establishment, or executive department of the
Government, may avail itself on a reimbursable or nonreimburs-
able basis of the use of information, services, facilities (including
any field service thereof), officers, and employees thereof, in car-
rying 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 other-
wise, all claims against third parties assigned to the Adminis-
trator 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. øSection 3709
of the Revised Statutes, as amended (41 U.S.C., sec. 5),¿ Sec-
tion 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 ob-
tained 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 inter-
est therein acquired by the Administrator pursuant to the pro-
visions 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 provi-
sions of this Act, the Administrator is authorized to procure the
temporary (not in excess of one year) or intermittent services of ex-
perts or consultants or organizations thereof, including steno-
graphic reporting services, by contract or appointment, and in such
ctelli on DSK11ZRN23PROD with REPORTS
cases such services shall be without regard to the civil-service and
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52
classification laws and, except in the case of stenographic reporting
services by organizations, without regard to øsection 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.
§ 637 (Small Business Act, § 8)
SEC. 8. (a)(1) It shall be the duty of the Administration and it
is hereby empowered, whenever it determines such action is nec-
essary or appropriate—
* * * * * * *
(d)(1) It is the policy of the United States that small business
concerns, small business concerns owned and controlled by vet-
erans, small business concerns owned and controlled by service-dis-
abled veterans, qualified HUBZone small business concerns, small
business concerns owned and controlled by socially and economi-
cally disadvantaged individuals, and small business concerns
owned and controlled by women, shall have the maximum prac-
ticable 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 con-
trolled 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 sub-
section 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 liq-
uidated damages upon a finding that a prime contractor has failed
to make a good faith effort to comply with the requirements im-
posed on such contractor by this subsection.
(ii) The contractor shall be afforded an opportunity to dem-
onstrate a good faith effort regarding compliance prior to the con-
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tracting officer’s final decision regarding the imposition of damages
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53
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 øthe 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 Regu-
latory Council established under øsection 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 øsection 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 require-
ments under øsection 18(a)(7) of the Office of Federal Procure-
ment 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 sec-
tion 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 øsection 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 proce-
dures other than competitive procedures unless—
(A) except as provided in paragraph (2), a written justifica-
tion 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 øsection 16(3) of the Office
of Federal Procurement Policy Act (41 U.S.C. 414(3))¿ sec-
tion 1702(c)(1) and (2) of title 41, United States Code (with-
out further delegation); and
(B) all other requirements applicable to the use of such pro-
cedures under øtitle III of the Federal Property and Adminis-
trative Services Act of 1949 (41 U.S.C. 251 et seq.)¿ the provi-
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sions referred to in section 171(c) of title 41, United States
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54
Code, or chapter 137 of title 10, United States Code, as appro-
priate, have been satisfied.
(2) The same exceptions as are provided in øsection 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 sub-
section in the same manner as such exceptions apply to the re-
quirements of øsection 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 sec-
tion 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 øsection 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 BUSI-
NESS CONCERNS.—
(1) DEFINITIONS.—In this subsection, the following defini-
tions apply:
(A) CONTRACTING OFFICER.—The term ‘‘contracting offi-
cer’’ has the meaning given such term in øsection 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.
§ 637 note (Small Business Jobs Act of 2010, § 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 øsec-
tion 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 øsection 25
of such Act¿ section 1303(a) of title 41, United States Code, to es-
tablish a policy on, subcontracting compliance relating to small
business concerns, including assignment of compliance responsibil-
ities between contracting offices, small business offices, and pro-
gram offices and periodic oversight and review activities.
§ 637 note (Business Opportunity Development Reform Act
of 1988, § 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 sub-
section (a)) shall be made part of the Federal Acquisition Regula-
tion and promulgated pursuant to øsection 22 of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 418b)¿ section 1707 of title
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41, United States Code.
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55
§ 638 (Small Business Act, § 9)
SEC. 9. (a) Research and development are major factors in the
growth and progress of industry and the national economy. The ex-
pense 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 en-
able 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 institu-
tion, as defined in section 4(5) of the Stevenson-Wydler Tech-
nology Innovation Act of 1980, and includes federally funded
research and development centers, as identified by the Na-
tional Scientific Foundation in accordance with the govern-
mentwide Federal Acquisition Regulation issued in accordance
with øsection 35(c)(1) of the Office of Federal Procurement Pol-
icy 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 sala-
ries and expenses, or, in the case of a small business con-
cern or a research institution, costs associated with sala-
ries, expenses, and administrative overhead (other than
those direct or indirect costs allowable under guidelines of
the Office of Management and Budget and the govern-
mentwide Federal Acquisition Regulation issued in accord-
ance with øsection 25(c)(1) of the Office of Federal Procure-
ment Policy Act¿ section 1303(a)(1) of title 41, United
States Code); or
§ 644 (Small Business Act, § 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
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defense programs, (3) to be in the interest of assuring that a fair
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56
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 assur-
ing 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 es-
tablished by law with respect to the sale of electrical power or
other property by the Government or any agency thereof. These de-
terminations 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 per-
formed by a small business, and if the proposed procurement is in
a quantity or estimated dollar value the magnitude of which ren-
ders small business prime contract participation unlikely, or if a
proposed procurement for construction seeks to package or consoli-
date 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 Ac-
tivity’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 pro-
posed 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 pro-
posed procurement and accompanying statement, if the Procure-
ment Center Representative believes that the procurement as pro-
posed will render small business prime contract participation un-
likely, the Representative shall recommend to the Procurement Ac-
tivity alternative procurement methods which would increase small
business prime contracting opportunities. Whenever the Adminis-
tration 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 Adminis-
trator. For purposes of clause (3) of the first sentence of this sub-
section, an industry category is a discrete group of similar goods
and services. Such groups shall be determined by the Administra-
tion in accordance with the definition of a ‘‘United States industry’’
under the North American Industry Classification System, as es-
tablished 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 Admin-
istration 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
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recognize a new industry. A market for goods or services may not
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57
be segmented under the preceding sentence due to geographic re-
quirements unless the Government typically designates the area
where work for contracts for such goods or services is to be per-
formed 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 Pur-
chase From People Who Are Blind or Severely Disabled estab-
lished under øthe 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 author-
ized under this section in an aggregate amount not to exceed
$40,000,000.
(B) None of the amounts authorized for participation by subpara-
graph (A) may be placed on the procurement list maintained by the
Committee pursuant to øsection 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 Reg-
ulatory Council established under øsection 25(a) of the Of-
fice 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 øsection
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 Fed-
eral Procurement Policy and the Administrator, in consultation
with the Administrator of General Services, shall, by regulation, es-
tablish guidance under which Federal agencies may, at their dis-
cretion—
* * * * * * *
(2) notwithstanding the fair opportunity requirements under
ctelli on DSK11ZRN23PROD with REPORTS
section 2304c(b) of title 10 and øsection 303J(b) of the Federal
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58
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 busi-
ness concerns identified in subsection (g)(2); and
§ 644 note (Federal Acquisition Streamlining Act of 1994,
§ 2353)
SEC. 2353. EXPEDITED RESOLUTION OF CONTRACT ADMINISTRATION
MATTERS.
(a) REGULATIONS REQUIRED.—(1) The Federal Acquisition Regu-
lation shall include provisions that require a contracting officer—
* * * * * * *
(2) The provisions shall not apply to a request for a contracting
officer’s decision under øthe 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 øthe Contract Disputes Act
of 1978 (41 U.S.C. 601 et seq.)¿ chapter 71 of title 41, United States
Code.
§ 644 note (Small Business Administration Reauthorization
and Amendment Act of 1988, § 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 se-
verely 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 øaffiars¿ 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 es-
tablished under øthe first section of the Act entitled ‘‘An Act to cre-
ate 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 ø15
U.S.C. 644(c)¿ and recommending to the Small Business Adminis-
tration such administrative or statutory changes as it deems appro-
priate.
§ 657a(b) (Small Business Act, § 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 busi-
ness concerns in accordance with this section.
(b) ELIGIBLE CONTRACTS.—
(1) DEFINITIONS.—In this subsection—
(A) the term ‘‘contracting officer’’ has the meaning given
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that term in øsection 27(f)(5) of the Office of Federal Pro-
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59
curement 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 mean-
ing given that term in øsection 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 procure-
ment would otherwise be made from a different source under
section 4124 or 4125 of title 18, United States Code, or øthe
Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)¿ chapter 85 of
title 41, United States Code.
§ 657b note (Veterans Entrepreneurship and Small Business
Development Act of 1999, § 604(d))
SEC. 604. DATA AND INFORMATION COLLECTION.
* * * * * * *
(d) DATA COLLECTION REQUIRED.—The Federal Procurement
Data System described in øsection 6(d)(4)(A) of the Office of Fed-
eral 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 con-
tracts and subcontracts awarded to small business concerns owned
and controlled by veterans and small business concerns owned and
controlled by service-disabled veterans.
§ 657f(e) (Small Business Act, § 36)
SEC. 36. PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS
OWNED AND CONTROLLED BY SERVICE DISABLED VET-
ERANS.
* * * * * * *
(e) RELATIONSHIP TO OTHER CONTRACTING PREFERENCES.—A pro-
curement may not be made from a source on the basis of a pref-
erence provided under subsection (a) or (b) of this section if the pro-
curement would otherwise be made from a different source under
section 4124 or 4125 of title 18, United States Code, or øthe
JavitsWagner-O’Day Act (41 U.S.C. 46 et seq.)¿ chapter 85 of title
41, United States Code.
§ 657q(a)(3) (Small Business Act, § 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, øUnited States
Code¿ United States Code, as the senior procurement executive
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for a Federal agency.
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60
§ 713d–2(b) (Joint Resolution of December 30, 1947, ch. 526,
§ 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 pro-
gram 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 as-
sistance, and such other voluntary and cooperative measures as he
deems necessary or appropriate, to encourage and promote the effi-
cient utilization, care, and preservation of food and feed, the elimi-
nation 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 estab-
lishments, 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 Presi-
dent 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 Con-
gress 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 report-
ing 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 Gov-
ernment, or transferred to any other agency requested to assist in
carrying out this section. Funds allotted to any department, agen-
cy, or independent establishment of the Government shall be avail-
able for obligation and expenditure in accordance with the laws
governing obligations and expenditures of the department, agency,
or independent establishment, or organizational unit thereof con-
cerned, and without regard to øsections 3709 and 3648 of the Re-
vised 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.
§ 714b(h) (Community Credit Corporation Charter Act,
§ 4(h))
SEC. 4. GENERAL POWERS.—The Corporation—
* * * * * * *
(h) May contract for the use, in accordance with the usual cus-
toms of trade and commerce, of plants and facilities for the phys-
ical handling, storage, processing, servicing, and transportation of
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the agricultural commodities subject to its control. The Corporation
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61
shall not have power to acquire real property or any interest there-
in 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: Pro-
vided, That the authority contained in this subsection shall not be
utilized by the Corporation for the purpose of acquiring real prop-
erty, 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 pro-
vided 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 Cor-
poration does not use the space and payment is made by another
person for the use of such space, and (3) if the Corporation deter-
mines that it no longer needs the space reserved in the facility, the
Corporation may be relieved, for the remaining term of the con-
tract, of its obligations to an extent and in a manner that will pro-
vide 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 sub-
section shall limit the duty of the Corporation, to the maximum ex-
tent 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 arrange-
ments 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 con-
struction 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 Sec-
retary determines that there is a deficiency of such storage. To en-
courage 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 Con-
servation and Domestic Allotment Act and are included in the pro-
ducer’s conservation plan approved by the local soil and water con-
servation district; such loans shall be for a period not to exceed ten
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years at a rate of interest based upon the rate of interest charged
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62
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 ap-
propriation Acts. Notwithstanding any other provision of law, the
Commodity Credit Corporation shall, to the maximum extent prac-
ticable, in consultation with the Secretary of State, and upon terms
and conditions prescribed or approved by the Secretary of Agri-
culture, 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 Sec-
retary shall: (1) use normal commercial trade channels; (2) take ac-
tion to avoid displacing usual marketings of United States agricul-
tural commodities and the products thereof; (3) take reasonable
precautions to prevent the resale or transshipment to other coun-
tries, 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 stra-
tegic materials. The Corporation may solicit bids from, and utilize,
private trading firms to effect such exchange of goods. The deter-
mination of the quantities and qualities of such materials which
are desirable for stock piling and the determination of which mate-
rials are strategic and critical shall be made in the manner pre-
scribed 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 Pil-
ing Act; and in the same fiscal year such materials are transferred
to the stock pile the Commodity Credit Corporation shall be reim-
bursed 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 avail-
able 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 ac-
quiring petroleum products (including crude oil) produced abroad
for placement in the Strategic Petroleum Reserve through an ex-
change 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 Sec-
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retary of Energy and the Secretary of Agriculture. Nothing con-
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63
tained herein shall limit the authority of the Commodity Credit
Corporation to acquire, hold, or dispose of such quantity of stra-
tegic and critical materials as it deems advisable in carrying out
its functions and protecting its assets: Provided, That, notwith-
standing 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 Cor-
poration 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 øthe Federal Property and Administrative Services
act of 1949, as amended¿ chapter 5 of title 40, United States Code.
§ 714l (Commodity Credit Corporation Charter Act, § 14)
SEC. 14. INTEREST OF MEMBERS OF THE CONGRESS.—The provi-
sions of øsection 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 Cor-
poration.
§ 2218(b)(1) (Federal Fire Prevention and Control Act of
1974, § 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 reim-
bursable 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 au-
thorized to—
(1) enter into, without regard to øsection 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;
§ 2507 (Electric and Hybrid Vehicle Research, Development,
and Demonstration Act of 1976, § 8)
SEC. 8. CONTRACTS.
* * * * * * *
(c) Each contract under this section shall be entered into in ac-
cordance with such rules as the Secretary of Energy may prescribe
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in accordance with the provisions of this section. Each application
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64
for funding shall be made in writing in such form and with such
content and other submissions as the Secretary of Energy shall re-
quire. The Secretary of Energy may enter into contracts under this
section without regard to øsection 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 con-
duct demonstrations under this chapter, the Secretary of Energy
shall seek cost-sharing with others to the maximum extent prac-
tical. During the first 2 years of demonstration activities the Sec-
retary of Energy may enter into procurement or lease contracts for
purposes of carrying out demonstrations under this chapter with-
out regard to the provisions of øtitle III of the Act of March 3, 1933
(47 Stat. 1520; 41 Stat. 10a–10c)¿ chapter 83 of title 41, United
States Code.
§ 2609 (Toxic Substances Control Act, § 10)
SEC. 10. RESEARCH, DEVELOPMENT, COLLECTION, DISSEMINATION,
AND UTILIZATION OF DATA.
(a) AUTHORITY.—The Administrator shall, in consultation and co-
operation 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, develop-
ment, and monitoring under this subsection. Contracts may be en-
tered into under this subsection without regard to øsections 3648
and 3709 of the Revised Statutes (31 U.S.C. 529, 41 U.S.C. 5)¿ sec-
tion 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, ad-
minister, and be responsible for the continuing activities of an
interagency committee which shall design, establish, and coordi-
nate 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 Ad-
ministrator 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 co-
ordinate an efficient and effective system for the retrieval of toxi-
cological and other scientific data which could be useful to the Ad-
ministrator in carrying out the purposes of this chapter. Systema-
tized retrieval shall be developed for use by all Federal and other
departments and agencies with responsibilities in the area of regu-
lation or study of chemical substances and mixtures and their ef-
fect 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 øsections 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
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title 41, United States Code.
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65
§ 2626(b) (Toxic Substances Control Act, § 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 applica-
tion 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 nec-
essary to carry out the purposes of such subsection. Contracts may
be entered into under such subsection without regard to øsections
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 sec-
tion 6101 of title 41, United States Code.
§ 5528 (High-Performance Computing Act of 1991, § 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 Fed-
eral 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 øtitle 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¿ chap-
ter 83 of title 41, United States Code.
* * * * * * *
(c) APPLICATION OF øBUY AMERICAN ACT¿ CHAPTER 83 OF TITLE
41, UNITED STATES CODE.—This Act does not affect the applica-
bility of øtitle 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 under-
taken as a part of the Program.
TITLE 16—CONSERVATION
§ 79c (Public Law 90–545, § 3)
SEC. 3. (a) The Secretary is authorized to acquire lands and in-
terests in land within the boundaries of the Redwood National
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Park and, in addition thereto, not more than ten acres outside of
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66
those boundaries for an administrative site or sites. Such acquisi-
tion 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 inter-
ests 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 here-
by 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 ‘‘Addi-
tional 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 ‘‘Addi-
tional 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 Con-
servation Fund, including money appropriated to the Fund pursu-
ant to section 4(b) of the Land and Water Conservation Fund Act
of 1965, as amended, subject to the appropriation limitation in sec-
tion 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
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for the recovery of just compensation for the lands and interests
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67
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 Sec-
retary 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 res-
ervations, 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 Sec-
retary may sell at fair market value without regard to the require-
ments of øthe 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 inter-
ests 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 Cali-
fornia 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 convey-
ance, 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 in-
side and partly outside the boundaries of the park or the adminis-
trative 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 inter-
ests in land acquired pursuant to this Act, and dispose of so much
thereof as is not so utilized in accordance with the provisions of
øthe Federal Property and Administrative Services Act of 1949 (63
Stat. 377)¿ chapter 5 of title 40, United States Code. The cost of any
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land so acquired and disposed of shall not be charged against the
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68
limitation on authorized appropriations contained in section 10 of
this Act.
§ 160b(a)(2)(B)(ii) (Public Law 91–661, § 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 øthe Federal Prop-
erty and Administrative Services Act of 1949 (63 Stat.
77), as amended¿ chapter 5 of title 40, United States
Code.
§ 343b (Act of December 22, 1944, ch. 674, § 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 øsection 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 au-
thorized and directed to pay all necessary fees, charges, and ex-
penses in connection with such conveyance and transfer.
§ 396f (Public Law 98–146, § 317)
SEC. 317. Notwithstanding any other provision of law, the Sec-
retary 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 øthe Fed-
eral 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 de-
scribed 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
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whole or in part at any time by the landowner to any other party,
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69
thereby vesting such party with all the rights of the landowner,
and after such transfer, the landowner shall notify the Adminis-
trator 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.
§ 396f note (Department of Defense Appropriations Act, 1990,
§ 9102(e))
SEC. 9102. USE OF ACCOUNTS FOR SALE OF PROPERTIES BY AGEN-
CIES.—(a) AVAILABILITY OF AMOUNTS IN ACCOUNTS.—
* * * * * * *
(e) PROPERTY DEFINED.—Notwithstanding the definition of ‘‘prop-
erty’’ found in øthe 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 conser-
vator, or such other similar fiduciary relationship), and offered for
sale by any agency or instrumentality of the United States, includ-
ing but not limited to the General Services Administration, Depart-
ment of Defense, Department of the Interior, Department of Agri-
culture, 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 inter-
est in land or option to purchase land, any improvements on such
lands, or rights to their use or exploitation.
§ 410r–6(d) (Everglades National Park Protection and Expan-
sion Act of 1989, § 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-Fed-
eral lands within the boundaries, and any land so acquired and not
utilized for exchange shall be reported to the General Services Ad-
ministration for disposal under øthe Federal Property and Admin-
istrative Services Act of 1949 (63 Stat. 377)¿ chapter 5 of title 40,
United States Code.
§ 430a–2 (Public Law 89–62, § 2)
SEC. 2. The Secretary of the Interior is authorized to acquire
lands and interests in lands within the revised boundary by pur-
chase, donation, with donated funds, or by exchange, utilizing for
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such exchanges federally owned lands of approximately equal value
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70
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 accord-
ance with the provisions of øthe Federal Property and Administra-
tive Services Act of 1949, as amended¿ chapter 5 of title 40, United
States Code.
§ 430h–7(c) (Public Law 101–422, § 102(c))
SEC. 102. EXCLUSION OF LAND FROM PARK.
* * * * * * *
(c) EXCESS PROPERTY.—Any lands not conveyed pursuant to sub-
section (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 accord-
ance with øthe Federal Property and Administrative Services Act
of 1949, as amended¿ chapter 5 of title 40, United States Code.
§ 441l (Public Law 90–468, § 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 Gov-
ernment and the other lands within such gunnery range were pur-
chased 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 ex-
cess lands have been requested by the National Park Service under
øthe 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 in-
clusion in the national park, but is willing to exchange them or in-
terests 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:
§ 450jj–1(a) (Act of May 17, 1954, ch. 204, § 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,
ctelli on DSK11ZRN23PROD with REPORTS
sculptors, artists, other expert consultants, or firms, partnerships,
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71
or associations thereof, and to include in any such contract provi-
sion for the utilization of the services and facilities, and the pay-
ment of the travel and other expenses, of their respective organiza-
tions, in accordance with the usual customs of the several profes-
sions and at the prevailing rates for such services and facilities,
without regard to the civil-service laws or regulations, the Classi-
fication Act of 1929, øsection 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.
§ 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, ap-
proximately 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 ad-
ministered as a part of the Cape Hatteras National Seashore Rec-
reational Area, may be disposed of by the Administrator of General
Services in accordance with the provisions of øthe Federal Property
and Administrative Services Act of 1949, as amended¿ chapter 5 of
title 40, United States Code.
§ 460m–9(a) (Public Law 92–237, § 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 ap-
propriated 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 reimburse-
ment 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 ex-
changed 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
øthe 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 cus-
tody thereof, any Federal property within the boundaries of the na-
tional river may be transferred without consideration to the admin-
istrative jurisdiction of the Secretary for administration as part of
the national river.
§ 460x–7(a) (Public Law 91–479, § 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
ctelli on DSK11ZRN23PROD with REPORTS
land is only partly within the area designated, the Secretary may
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72
acquire the entire tract by any of the above methods to avoid the
payment of severance costs. Land so acquired outside the des-
ignated 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 provi-
sions of øthe 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.
§ 460bb–2(a) (Public Law 92–589, § 3(a))
SEC. 3. (a) Within the boundaries of the recreation area, the Sec-
retary 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 bound-
aries in order to minimize the payment of severance costs. Land so
acquired outside of the boundaries may be exchanged by the Sec-
retary 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 dis-
posal under øthe 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 Sec-
retary 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 Sec-
retary 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.
§ 460ee(c)(1) (Water Resources Development Act of 1974,
§ 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 Engi-
neers. 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 author-
ized and directed to establish on the Big South Fork of the Cum-
berland River in Kentucky and Tennessee the Big South Fork Na-
tional River and Recreation Area (hereafter in this section referred
to as the ‘‘National Area’’) for the purposes of conserving and inter-
preting 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 Cum-
berland River, major portions of its Clear Fork and New River
ctelli on DSK11ZRN23PROD with REPORTS
stems, and portions of their various tributaries for the benefit and
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73
enjoyment of present and future generations, the preservation of
the natural integrity of the scenic gorges and valleys, and the de-
velopment of the area’s potential for healthful outdoor recreation.
The boundaries shall be as generally depicted on the drawing pre-
pared by the Corps of Engineers and entitled ‘‘Big South Fork Na-
tional 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 deter-
mines necessary, for administrative and visitor orientation facili-
ties. The Secretary may also acquire a site outside such boundaries
at or near the location of the historic Tabard Inn in Ruby, Ten-
nessee, including such lands as he deems necessary, for the estab-
lishment of a lodge with recreational facilities as provided in sub-
section (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 other-
wise, except that lands (other than roads and rights-of-way for
roads) owned by the States of Kentucky and Tennessee or any po-
litical 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 bound-
aries 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-Fed-
eral lands within the National Area boundaries, and any portion of
the land not utilized for such exchanges may be disposed of in ac-
cordance with the provisions of øthe Federal Property and Admin-
istrative 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.
§ 460ff–1(d) (Public Law 93–555, § 2(d))
SEC. 2. (a) The park shall comprise the lands and waters gen-
erally depicted on the map entitled ‘‘Boundary Map, Cuyahoga Val-
ley National Park, Ohio’’, numbered 644–80,054 and dated July
1986, which shall be on file and available for inspection in the of-
fices 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 lo-
ctelli on DSK11ZRN23PROD with REPORTS
cated in Independence, Ohio, the Secretary shall have the first
right of refusal to purchase such property for a purchase price not
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74
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 de-
pict 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 bound-
aries and not utilized for exchange shall be reported to the General
Services Administration for disposal under øthe 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.
§ 460hh–1(a) (Public Law 94–235, § 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 ac-
quired outside of the boundaries may be exchanged by the Sec-
retary 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 øthe 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 jurisdic-
tion 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.
§ 460ii–1(b) (Public Law 95–344, § 102(b))
SEC. 102. (a) Within the recreation area the Secretary is author-
ized 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 polit-
ical 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 pay-
ctelli on DSK11ZRN23PROD with REPORTS
ment of severance costs. Land so acquired outside of the boundaries
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75
of the recreation area may be exchanged by the Secretary for non-
Federal land within such boundaries, and any portion of the land
not utilized for such exchanges may be disposed of in accordance
with the provisions of øthe Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.)¿ chapter 5 of title 40,
United States Code.
§ 460lll–45(d)(1)(B) (The Land Between the Lakes Protection
Act of 1998, § 545(d)(1)(B))
SEC. 545. TRANSFER OF PERSONAL PROPERTY.
* * * * * * *
(d) SURPLUS PROPERTY.—
(1) DISPOSITION.—Any personal property, including struc-
tures and facilities, that the Secretary determines cannot be ef-
ficiently 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 øthe Federal Property and Admin-
istrative Services Act of 1949 (40 U.S.C. 471 et seq.)¿
chapter 5 of title 40, United States Code.
§ 504 (Act of June 30, 1914, ch. 131, 38 Stat. 429, proviso re-
lating 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 øsection 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.
§ 505a (Act of July 26, 1956, ch. 736, first section)
The Secretary of Agriculture with respect to National Forest Sys-
tem 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 Na-
tional Forest System are authorized, subject to any applicable pro-
visions of øthe 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 reimburse-
ment or transfer of funds whenever they shall determine that such
interchange will facilitate land management and will provide max-
imum 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 re-
ctelli on DSK11ZRN23PROD with REPORTS
spective Secretaries of notice of intention to make the interchange.
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76
§ 580c (Act of April 24, 1950, ch. 97, § 3)
SEC. 3. The provisions of øsection 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 test-
ed 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 ex-
pended in any one fiscal year pursuant to this authority and not
to exceed $10,000 on any one item or purchase.
§ 590q–1 (Department of Agriculture Organic Act of 1944,
§ 302(b))
SEC. 302. (a) Section 6 of the Soil Conservation and Domestic Al-
lotment 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 regula-
tions under øthe 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.
§ 590z–3(c) (Act of August 11, 1939, § 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 pro-
gram, stabilization of the agricultural economy and maximum utili-
zation of funds spent for relief purposes, the Secretary of Agri-
culture 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 conserva-
tion, and efficient land use; (3) to acquire agricultural lands within
the boundaries of such projects, with titles and at prices satisfac-
tory 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
ctelli on DSK11ZRN23PROD with REPORTS
upon, of the costs incurred by the United States in acquiring and
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77
improving such tract of land with funds appropriated under author-
ity 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 ful-
fillment 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 con-
tracts required by section 4.
* * * * * * *
(c) Where the aggregate amount involved does not exceed $300,
the provisions of øsection 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 Agri-
culture under this Act or under the 1940 water conservation appro-
priation.
§ 669h(d)(2)(A) (Pittman-Robertson Wildlife Restoration Act,
§ 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 com-
petitive procedures (as defined in øsection 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 perform-
ance of an audit or other review).
§ 670o(d) (Sikes Act, § 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 re-
quired 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, with-
out regard to øtitle III (other than section 304) of the Federal Prop-
erty 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
ctelli on DSK11ZRN23PROD with REPORTS
as are provided in appropriation Acts.
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78
§ 757 (Act of May 11, 1938, ch. 193, § 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 agree-
ments entered into between the United States and these States,
without regard to the provisions of øsection 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 im-
provement 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.
§ 777h(d)(2)(A) Dingell-Johnson Sport Fish Restoration Act,
§ 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 com-
petitive procedures (as defined in øsection 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 perform-
ance of an audit or other review).
§ 793 (Federal Power Act, § 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, sub-
ject to the civil service laws, appoint such other officers and em-
ployees 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 of-
ficer or officers, or in any other capacity, in field work outside the
seat of government, their duties to be prescribed by the commis-
sion; and such detail is authorized. The President may also, at the
request of the commission, detail, assign, or transfer to the com-
mission, 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 expendi-
tures for rent and personal services at the seat of government and
ctelli on DSK11ZRN23PROD with REPORTS
elsewhere, for law books, periodicals, and books of reference, and
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79
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 øFederal Property and Adminis-
trative Services Act of 1949, as amended¿ provisions referred to in
section 171(b) and (c) of title 41, United States Code.
§ 916l (Whaling Convention Act of 1949, § 14)
SEC. 14. There is hereby authorized to be appropriated from time
to time, out of any moneys in the Treasury not otherwise appro-
priated, 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 ex-
penses 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) transpor-
tation of things, communication services; (d) rent of offices; (e)
printing and binding without regard to øsection 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 øsection 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 (in-
cluding passenger-carrying vehicles), boats, and research vessels.
§ 961 (Tuna Conventions Act of 1950, § 12)
SEC. 12. There is hereby authorized to be appropriated from time
to time, out of any moneys in the Treasury not otherwise appro-
priated, 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 øsection 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 øsection 3709 of the Revised Stat-
utes (U.S.C., title 41, sec. 5)¿ section 6101 of title 41, United
States Code; and
§ 1052(b)(1) (Public Law 87–758, § 2(b)(1))
SEC. 2. (a) The Secretary of the Interior (hereinafter referred to
as the ‘‘Secretary’’) shall operate the National Fisheries Center and
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Aquarium.
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80
(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
øsection 3709 of the Revised Statues of the United States (41
U.S.C. 5)¿ section 6101 of title 41, United States Code, to con-
tract for such collection of specimens and to purchase or ex-
change specimens and exhibit materials;
§ 1336 note (Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2012,
§ 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 en-
tities, and may enter into multiyear contracts in accordance with
the provisions of øsection 304B of the Federal Property and Admin-
istrative Services Act of 1949 (41 U.S.C. 254c)¿ section 3903 of title
41, United States Code (except that the ø5-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 pri-
vate land. Such cooperative agreements and contracts may not ex-
ceed 10 years, subject to renewal at the discretion of the Secretary.
§ 2104(f)(2) (Cooperative Forestry Assistance Act of 1978,
§ 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, re-
tard, control, or suppress insects and diseases affecting trees
without regard to øsection 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 Sec-
retary determines that such action is necessary and in the pub-
lic interest.
§ 2106(c)(Cooperative Forestry Assistance Act of 1978,
§ 10(c))
SEC. 10. (a) Congress finds that—
* * * * * * *
(c) The Secretary, with the cooperation and assistance of the Ad-
ministrator of General Services, shall encourage the use of excess
personal property (within the meaning of øthe Federal Property
and Administrative Services Act of 1949¿ chapter 5 of title 40,
United States Code) by State and local fire forces receiving assist-
ance under this section.
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§ 3503(e)(1) (Coastal Barrier Resources Act, § 4(e)(1))
SEC. 4. ESTABLISHMENT OF JOHN H. CHAFEE COASTAL BARRIER RE-
SOURCE SYSTEM.
* * * * * * *
(e) ADDITION OF EXCESS FEDERAL PROPERTY.—
(1) CONSULTATION AND DETERMINATION.—Prior to transfer or
disposal of excess property under øthe 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 unde-
veloped coastal barrier, the Administrator of General Services
shall consult with and obtain from the Secretary a determina-
tion 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
§ 443.
§ 443. War contracts
* * * * * * *
The definitions of terms in øsection 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.
§ 1761 note (Omnibus Crime Control and Safe Streets Act of
1968, § 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 øthe 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—
§ 3287
§ 3287. Wartime suspension of limitations
* * * * * * *
Definitions of terms in øsection 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 au-
thorization for the use of the Armed Forces, as described in section
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5(b) of the War Powers Resolution (50 U.S.C. 1544(b)).
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§ 3672
§ 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, so-
cial, psychological and vocational services; corrective and preventa-
tive guidance and training; and other rehabilitative services de-
signed to protect the public and benefit the alcohol-dependent per-
son, 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 suscepti-
bility to addiction, or by treating his psychiatric disorder. He may
negotiate and award contracts identified in this paragraph without
regard to øsection 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 pro-
vide services to any offender in the community authorized by this
Act, including treatment, equipment and emergency housing, cor-
rective and preventative guidance and training, and other rehabili-
tative services designed to protect the public and promote the suc-
cessful reentry of the offender into the community.
§ 4013 note (Department of Justice Appropriations Act, 2001,
§ 1(a)(2) [title I, § 118])
SEC. 118. Notwithstanding any other provision of law, including
øsection 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 Gen-
eral hereafter may enter into contracts and other agreements, of
any reasonable duration, for detention or incarceration space or fa-
cilities, including related services, on any reasonable basis.
§ 4124 note (Consolidated Appropriations Act, 2005, division
H, § 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 Fed-
eral Prison Industries, Inc., unless the agency making such pur-
chase determines that such offered product or service provides the
best value to the buying agency pursuant to governmentwide pro-
curement regulations, issued pursuant to øsection 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.
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TITLE 19—CUSTOMS DUTIES
§ 2081(a)(1) (Anti-Drug Abuse Act of 1986, § 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 (here-
inafter in this section referred to as the ‘‘Service’’) which is nec-
essary 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,
ø(ii) sections 3732(a) and 3741 of the Revised Stat-
utes 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
§ 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 re-
port 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 cov-
ered by the Agreement, and (B) modifying the application of
øtitle 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 anal-
ysis of the effect of such alternative means on the United
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States economy (including effects on employment, production,
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84
competition, costs and prices, technological development, ex-
port 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.
§ 2513 (Trade Agreements Act of 1979, § 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
øtitle III of the Act of March 3, 1933 (41 U.S.C. 10a et seq.), popu-
larly 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 grant-
ed pursuant to this section.
§ 3105(b)(1) (Telecommunications Trade Act of 1988,
§ 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 øtitle 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 øtitle 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 tele-
communications products or any other products;
TITLE 20—EDUCATION
§ 196(a) (Act of March 4, 1927, ch. 505, § 6(a))
SEC. 6. CONCESSIONS, FEES, AND VOLUNTARY SERVICES.
(a) IN GENERAL.—Notwithstanding øthe Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) and sec-
tion 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 sec-
tion 171(b) and (c) of title 41, United States Code, the Secretary of
Agriculture, in furtherance of the mission of the National Arbo-
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retum, may—
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85
§ 1018a (Higher Education Act of 1965, § 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 øsection 18 of the Office of Federal Pro-
curement 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 accord-
ance with øsections 303A and 303B of the Federal Prop-
erty 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 øsection
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 sub-
paragraph (A) with respect to a use of procedures de-
scribed in paragraph (4) shall contain the information re-
quired under øsection 18(b) of the Office of Federal Pro-
curement 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 asser-
tion that the use of the procedures for the procurement in-
volved is not in the best interest of the Federal Govern-
ment together with information supporting the assertion.
(6) DOCUMENTATION.—The basis for an award of a contract
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under this subsection shall be documented. However, a jus-
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86
tification pursuant to øsection 303(f) of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 253(f)) sec-
tion 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 øsection 4(12) of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 401(12))¿ section 103 of
title 41, United States Code.
(2) COMPETITIVE PROCEDURES.—The term ‘‘competitive proce-
dures’’ has the meaning given the term in øsection 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 ‘‘spe-
cial rules for commercial items’’ means the regulations set
forth in the Federal Acquisition Regulation pursuant to øsec-
tion 303(g)(1) of the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253(g)(1)) and section 31 of the Of-
fice of Federal Procurement Policy Act (41 U.S.C. 427)¿ sec-
tions 1901 and 3305(a) of title 41, United States Code.
(5) SPECIAL SIMPLIFIED PROCEDURES.—The term ‘‘special sim-
plified procedures’’ means the procedures applicable to pur-
chases of property and services for amounts not greater than
the simplified acquisition threshold that are set forth in the
Federal Acquisition Regulation pursuant to øsection
303(g)(1)(B) of the Federal Property and Administrative Serv-
ices 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.
§ 1070a(i) (Higher Education Act of 1965, § 401(i))
SEC. 401. (a) PROGRAM AUTHORITY AND METHOD OF DISTRIBU-
TION.—(1) For each fiscal year through fiscal year 2017, the Sec-
retary 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 under-
graduate, a Federal Pell Grant in the amount for which that stu-
dent is eligible, as determined pursuant to subsection (b). Not less
than 85 percent of such sums shall be advanced to eligible institu-
tions prior to the start of each payment period and shall be based
upon an amount requested by the institution as needed to pay eli-
gible 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 institu-
tions 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.
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* * * * * * *
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(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 agree-
ment, 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 øsubtitle D of
title V of Public Law 100–690¿ chapter 81 of title 41, United States
Code.
§ 1070a–11(b)(1) (Higher Education Act of 1965, § 402A(b)(1))
SEC. 402A. PROGRAM AUTHORITY; AUTHORIZATION OF APPROPRIA-
TIONS.
* * * * * * *
(b) RECIPIENTS, DURATION, AND SIZE.—
(1) RECIPIENTS.—For the purposes described in subsection (a) of
this section, the Secretary is authorized, without regard to øsection
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, institu-
tions of higher education, public and private agencies and organiza-
tions, 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 car-
rying out one or more of the services assisted under this division.
§ 2012(a)(6) (Harry S. Truman Memorial Scholarship Act,
§ 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 con-
currence of two-thirds of the members of the Board, be entered
into without performance or other bonds, and without regard
to øsection 3709 of the Revised Statutes, as amended (41
U.S.C. 5)¿ section 6101 of title 41, United States Code;
§ 2106(a)(7) American Folklife Preservation Act, § 7(a)(7))
SEC. 7. (a) In addition to any authority vested in it by other pro-
visions 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 øsection
3709 of the Revised Statutes, as amended (41 U.S.C. 5)¿
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section 6101 of title 41, United States Code; and
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88
§ 3475(a) (Department of Education Organization Act,
§ 415(a))
SEC. 415. (a) Subject to the provisions øof 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 au-
thorized 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 govern-
ments) 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.
§ 4513(a)(6) (James Madison Memorial Fellowship Act,
§ 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 con-
currence of two-thirds of the members of the Board, be entered
into without performance or other bonds, and without regard
to øsection 5 of title 41¿ section 6101 of title 41, United States
Code;
§ 4710(a)(6) (Barry Goldwater Scholarship and Excellence in
Education Act, § 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 øsection 3709 of the Revised Statutes (41 U.S.C. 5)¿ section
6101 of title 41, United States Code;
§ 5608(a)(6) (Morris K. Udall and Stewart L. Udall Founda-
tion Act, § 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 con-
currence of two-thirds of the members of the Board of Trustees,
be entered into without performance or other bonds, and with-
out regard to øsection 3709 of the Revised Statutes (41 U.S.C.
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5¿ section 6101 of title 41, United States Code;
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89
§ 6067(1) (Goals 2000: Educate America Act, § 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 ex-
pended by an entity unless the entity agrees that in expending
the assistance the entity will comply with øsections 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;
§ 9275(a) (Workforce Investment Act of 1998, § 505(a))
SEC. 505. BUY AMERICAN REQUIREMENTS.
(a) COMPLIANCE WITH øBUY 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 øthe Buy American Act (41 U.S.C. 10a et seq.)¿ chap-
ter 83 of title 41, United States Code.
TITLE 21—FOOD AND DRUGS
§ 355(k)(4)(H) (Federal Food, Drug, and Cosmetic Act,
§ 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 appli-
cation 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 fa-
cilitate a determination, whether there is or may be ground for in-
voking 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 profes-
sion and the interests of patients and shall provide, where the Sec-
retary deems it to be appropriate, for the examination, upon re-
quest, by the persons to whom such regulations or orders are appli-
cable, of similar information received or otherwise obtained by the
Secretary.
* * * * * * *
(4) ADVANCED ANALYSIS OF DRUG SAFETY DATA.—
* * * * * * *
(H) COMPETITIVE PROCEDURES.—The Secretary shall use
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competitive procedures (as defined in øsection 4(5) of the Fed-
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90
eral Procurement Policy Act¿ section 132 of title 41, United
States Code) to enter into contracts under subparagraph (G).
§ 360j(k) (Federal Food, Drug, and Cosmetic Act, § 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 require-
ment 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
øsections 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.
§ 360ii(b)(3) (Federal Food, Drug, and Cosmetic Act, §
532(b)(3))
SEC. 532. (a) The Secretary shall establish and carry out an elec-
tronic 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 øsection 3709 of the
Revised Statutes of the United States (41 U.S.C. 5)¿ section
6101 of title 41, United States Code; and
§ 872(b) (Controlled Substances Act, § 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 sub-
stances 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 edu-
cational and research activities without performance bonds and
without regard to øsection 3709 of the Revised Statutes (41 U.S.C.
5)¿ section 6101 of title 41, United States Code.
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91
TITLE 22—FOREIGN RELATIONS AND
INTERCOURSE
§ 272a(b)(1) (Joint Resolution of June 30, 1948, ch. 756,
§ 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 ex-
penses incident to participation by the United States in the activi-
ties of the Organization, including—
(1) salaries of the representative or representatives and al-
ternates 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 amend-
ed; services as authorized by section 15 of Public Law 600, Sev-
enty-ninth Congress; under such rules and regulations as the
Secretary of State may prescribe, allowances for living quar-
ters, including heat, fuel, and light and cost-of-living allow-
ances to persons temporarily stationed abroad; printing and
binding without regard to øsection 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
§ 277d–3 (American-Mexican Treat Act of 1950, § 103)
SEC. 103. There are authorized to be appropriated to the Depart-
ment of State for the use of the Commission, out of any money in
the Treasury not otherwise appropriated, such sums as may be nec-
essary 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; serv-
ices, 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 max-
imum 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 per-
sonnel 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 Com-
mission 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
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(including passenger) vehicles and aircraft and equipment; acquisi-
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92
tion 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; drill-
ing 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 entertain-
ment 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 øsections
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 se-
quence of construction makes necessary, such contracts to be sub-
ject to and dependent upon future appropriations by Congress: Pro-
vided further, That the United States Commissioner shall prepare,
within 30 days after the end of each fiscal year, a report of all ex-
penditures during that year for official entertainment and other
representation expenses, which shall be available for public inspec-
tion.
§ 277d–36 (American-Mexican Boundary Treaty Act of 1972,
§ 103)
SEC. 103. Notwithstanding any other provision of law, the Com-
missioner is authorized to dispose of by warranty deed, or other-
wise, 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 adjoin-
ing 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 øthe
Federal Property and Administrative Services Act of 1949¿ chapter
5 of title 40, United States Code.
§ 277d–44(c)(2)(N) (Tijuana River Valley Estuary and Beach
Sewage Cleanup Act of 2000, § 804(c)(2)(N))
SEC. 804. ACTIONS TO BE TAKEN BY THE COMMISSIONER AND THE AD-
MINISTRATOR.
* * * * * * *
(c) CONTRACT.—
* * * * * * *
(2) TERMS.—Any contract under this subsection shall pro-
vide, at a minimum, for the following:
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* * * * * * *
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93
(N) The use of competitive procedures under applicable
law, consistent with øtitle 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 engi-
neering, construction, and operation and maintenance of
the Mexican facility.
§ 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 admin-
istered by the Secretary of State through the said American Com-
missioner, or to dispose of such lands when no longer needed, sub-
ject to applicable regulations under øthe Federal Property and Ad-
ministrative 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 ap-
praised 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 res-
ervations in favor of the United States for rights-of-way for irriga-
tion, drainage, river work, and other purposes, and any such dis-
posal 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.
§ 280b(b) (Joint Resolution of January 28, 1948, ch. 38, § 3(b))
SEC. 3. There is hereby authorized to be appropriated to the De-
partment 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 Co-
lumbia; 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, in-
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cluding heat, fuel, and light and cost-of-living allowances to persons
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94
temporarily stationed abroad; hire of passenger motor vehicles and
other local transportation; printing and binding without regard to
øsection 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 nec-
essary 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).
§ 280i(b) (Joint Resolution of March 4, 1948, ch. 97, § 2(b))
SEC. 2. There is hereby authorized to be appropriated to the De-
partment 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 Co-
lumbia; 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 øsec-
tion 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 nec-
essary 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).
§ 280k(b) (Joint Resolution of June 28, 1948, ch. 686, § 2(b))
SEC. 2. There is hereby authorized to be appropriated to the De-
partment 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 Co-
lumbia; 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 øsec-
tion 11 of the Act of March 1, 1919 (44 U.S.C. 111), and section
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3709 of the Revised Statutes, as amended¿ section 501 of title 44,
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95
United States Code, and section 6101 of title 41, United States
Code; and such other expenses as the Secretary of State finds nec-
essary 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).
§ 287e (United Nations Participation Act of 1945, § 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 accord-
ance 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 quar-
ters, including heat, fuel, and light, as authorized by the Act ap-
proved 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; steno-
graphic 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 pro-
vided in section 6 of the Act of the Act of July 30, 1946 (Public Law
565, Seventy-ninth Congress), and allowances and expenses equiva-
lent to those provided in section 905 of the Foreign Service Act of
1980; the lease or rental (for periods not exceeding ten years) of liv-
ing quarters for the use of the representatives provided for in sec-
tion 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 pursu-
ant 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 øsection 3709 of the Revised Statutes,
as amended (41 U.S.C. 5)¿ section 6101 of title 41, United States
Code.
§ 287r (Joint Resolution of July 30, 1946, ch. 700, § 6)
SEC. 6. There is hereby authorized to be appropriated annually
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to the Department of State, out of any money in the Treasury not
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96
otherwise appropriated such sums as may be necessary for the pay-
ment by the United States of its share of the expenses of the Orga-
nization as apportioned by the General Conference of the Organiza-
tion in accordance with article IX of the constitution of the Organi-
zation, 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 pro-
vided 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 Regula-
tions, as amended, the Subsistence Expense Act of 1926, as amend-
ed, 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 re-
porting, translating, and other services, by contract, if deemed nec-
essary, without regard to øsection 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 øsection 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) sta-
tionery; (n) purchase of newspapers, periodicals, books, and docu-
ments; and (o) such other expenses as may be authorized by the
Secretary of State.
§ 289c(a) (Joint Resolution of July 1, 1947, ch. 185, § 4(a))
SEC. 4. (a) Sums from the appropriations made pursuant to para-
graph (a) of section 3 may be transferred to any department, agen-
cy, 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 gov-
erning obligations and expenditures of the department, agency,
independent establishment, or organizational unit thereof con-
cerned, and without regard to øsections 3709 and 3648 of the Re-
vised 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.
§ 290b(b)(1)) (Joint Resolution of June 14, 1948, ch. 469,
§ 3(b)(1))
SEC. 3. There are hereby authorized to be appropriated to the
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Department of State for contribution to the working capital fund of
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97
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 else-
where, without regard to the civil-service laws and the
Classification Act of 1949, as amended; services as author-
ized by section 15 of Public Law 600, Seventy-ninth Con-
gress; under such rules and regulations as the Secretary of
State may prescribe, allowances for living quarters, includ-
ing heat, fuel, and light and cost of living allowances to
persons temporarily stationed abroad; printing and bind-
ing without regard to øsection 11 of the Act of March 1,
1919 (44 U.S.C. 111), and section 3709 of the Revised Stat-
utes, as amended¿ section 501 of title 44, United States
Code, and section 6101 of title 41, United States Code; and
§ 1472(a)(2) (United States Information and Educational Ex-
change Act of 1948, § 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 author-
ized—
* * * * * * *
(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 øsection 3741 of the Re-
vised Statutes (41 U.S.C. 22)¿ section 6306 of title 41, United
States Code;
§ 2103(c)(2) (International Health Research Act of 1960,
§ 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 resolu-
tion and in accomplishing such purposes (1) use to the fullest ex-
tent practicable foreign currencies or credits available for utiliza-
tion 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 cur-
rencies and credits which may be made available by participating
foreign countries.
* * * * * * *
(c) To carry out his responsibilities under this joint resolution the
President may—
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* * * * * * *
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(2) make financial grants to establish and maintain fellow-
ships, and for other purposes, to public institutions and agen-
cies 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
øsections 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;
§ 2179(c) (Foreign Assistance Act of 1961, § 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 con-
structed in Israel as an integral part of a dual-purpose power gen-
erating and desalting project. Such participation shall include fi-
nancial, 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 øsections 3648 and 3709 of the Re-
vised 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 sec-
tion 6101 of title 41, United States Code.
§ 2358 (Foreign Assistance Act of 1961, § 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 au-
thorized to maintain in a separate account, which shall, notwith-
standing 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, renova-
tion and rehabilitation, packing, crating, handling, transportation,
and related costs of property classified as domestic or foreign ex-
cess property pursuant to øthe Federal Property and Administra-
tive 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 prop-
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erty, in advance of known requirements therefor for use in further-
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99
ance of the purposes of part I: Provided, That the amount of prop-
erty classified as domestic excess property pursuant to øthe Fed-
eral Property and Administrative Services Act of 1949, as amend-
ed,¿ 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 origi-
nal 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 sec-
tion 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 provi-
sions of that section for all costs incurred.
(b) Property classified as domestic excess property under øthe
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 deter-
mined in the same manner as provided for surplus property in sec-
tion 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 ex-
ceeding $45,000,000.
§ 2392(e)(1) (Foreign Assistance Act of 1961, § 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 car-
rying out the purposes of this Act, including any advance to the
United States Government by any country or international organi-
zation for the procurement of commodities, defense articles, mili-
tary education and training, or services (including defense serv-
ices). 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 es-
tablished on the books of any agency of the United States Govern-
ment 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 mon-
eys due or to become due under such letters of commitment shall
be assignable under øthe 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
ctelli on DSK11ZRN23PROD with REPORTS
States Code, and (2) from which disbursements may be made to, or
withdrawals may be made by, recipient countries or agencies, orga-
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100
nizations, 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 ac-
counted for on standard documentation required for expenditure of
funds of the United States Government: Provided, That such ex-
penditures for commodities, defense articles, military education
and training, services (including defense services), or facilities pro-
cured 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.
§ 2396(g)(3)) (Foreign Assistance Act of 1961, § 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), alloca-
tions 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 pri-
marily 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 per-
sonnel, without regard to the provisions of øsection 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 spe-
cific authorization or specific appropriation for such public con-
tracts.
§ 2509(d) (Peace Corps Act, § 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
øsection 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 Re-
negotiation Act of 1951, as amended) regulating the making, per-
formance, amendment, or modification of contracts and the expend-
iture of Government funds as the President may specify.
§ 2581(a) (Arms Control and Disarmament Act, § 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
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the agency concerned, to perform such functions on behalf of
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101
the Department of State as may appear desirable. Any Govern-
ment agency is authorized, notwithstanding any other provi-
sion 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
øthe Federal Property and Administrative Services Act of 1949,
as amended¿ chapters 1 through 11 of title 40, United States
Code;
§ 2669(h) (State Department Basic Authorities Act of 1956,
§ 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 guide-
lines established in consultation with the Administrator of
General Services, determines that use of the Federal Supply
Service or otherwise applicable Federal goods and services ac-
quisition authority would not meet emergency overseas secu-
rity requirements determined necessary by the Secretary, tak-
ing into account overseas delivery, installation, maintenance,
or replacement requirements, except that the authority grant-
ed by this paragraph shall cease to be effective when the
amendment made by section 2711 of the Competition in Con-
tracting Act of 1984 takes effect and thereafter procurement by
the Secretary of State for the purposes described in this para-
graph shall be in accordance with øsection 303(c)(2) of the Fed-
eral Property and Administrative Services Act of 1949¿ section
3304(a)(2) of title 41, United States Code;
§ 2676 (State Department Basic Authorities Act of 1956, § 9)
SEC. 9. The Secretary of State is authorized to enter into con-
tracts in foreign countries involving expenditures from funds appro-
priated or otherwise made available to the Department of State,
without regard to the provisions of øsection 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.
§ 2679c(a)(1) (Anti-Economic Discrimination Act of 1994,
§ 565(a)(1))
SEC. 565. PROHIBITION ON DISCRIMINATORY CONTRACTS.
(a) PROHIBITION.—
(1) Except for real estate leases and as provided in sub-
section (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 øsection 4(11) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403(11))¿ section 134 of title 41,
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United States Code)—
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102
§ 2713(b)(2) (State Department Basic Authorities Act of 1956,
§ 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. Noth-
ing shall be done under this subsection which conflicts with the ad-
ministration of the Department of State or with the use of the re-
ception areas for official purposes of the United States Govern-
ment.
(b) DISPOSITION OF HISTORIC AND ARTISTIC ITEMS.—
* * * * * * *
(2) SALE OR TRADE.—Whenever the Secretary of State deter-
mines that—
(A) any item covered by paragraph (1) is no longer need-
ed 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 Di-
rector of the National Gallery of Art, sell the item at fair mar-
ket value or trade it, without regard to the requirements of
øthe 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 ac-
count of the Department of State, and items obtained in trade
shall be the property of the Secretary of State under this sub-
section.
§ 3861(c)(2) (Panama Canal Act of 1979, § 3101(c)(2))
SEC. 3101. (a) PANAMA CANAL ACQUISITION REGULATION.—(1)
The Commission shall establish by regulation a comprehensive pro-
curement 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 Com-
mission 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) øsection 27 of the Office of Federal Procurement Policy
Act (41 U.S.C. 423)¿ chapter 21 of title 41, United States Code;
(B) øthe 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
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Code; or
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103
§ 3862 (Panama Canal Act of 1979, § 3102)
SEC. 3102. (a) ESTABLISHMENT.—(1) The Secretary of Defense, in
consultation with the Commission, may establish a board of con-
tract appeals, to be known as the Panama Canal Board of Contract
Appeals, in accordance with øsection 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 oth-
erwise provided by this section, the Panama Canal Board of Con-
tract Appeals (in this section referred to as the ‘‘Board’’) shall be
subject to øthe Contracts Disputes Act of 1978 (41 U.S.C. 601 et
seq.)¿ chapter 71 of title 41, United States Code, in the same man-
ner as any other agency board of contract appeals established
under øthat Act¿ that chapter.
* * * * * * *
(b) EXCLUSIVE JURISDICTION TO DECIDE APPEALS.—Notwith-
standing øsection 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 juris-
diction to decide an appeal from a decision of a contracting officer
under øsection 8(d) of such Act (41 U.S.C. 607(d))¿ section 7105(e)
of title 41, United States Code.
§ 4024(a)(5) (Foreign Service Act of 1980, § 704(a)(5))
SEC. 704. TRAINING AUTHORITIES.—(a) In the exercise of func-
tions 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 øsection 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.
§ 5422(c)(1) (Support for East European Democracy (SEED)
Act of 1989, § 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 oth-
erwise. Gifts and donations of property which are no longer re-
quired 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 øthe Federal
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Property and Administrative Services Act of 1949 (40 U.S.C.
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104
471 and following)¿ chapters 1 through 11 of title 40, United
States Code.
TITLE 23—HIGHWAYS
§ 140(b) and (c)
§ 140. Nondiscrimination
* * * * * * *
(b) The Secretary, in cooperation with any other department or
agency of the Government, State agency, authority, association, in-
stitution, Indian tribal government, corporation (profit or non-
profit), or any other organization or person, is authorized to de-
velop, conduct, and administer surface transportation and tech-
nology training, including skill improvement programs, and to de-
velop and fund summer transportation institutes. Whenever appor-
tionments are made under section 104(b)(3) of this title, the Sec-
retary shall deduct such sums as necessary, not to exceed
$10,000,000 per fiscal year, for the administration of this sub-
section. Such sums so deducted shall remain available until ex-
pended. The provisions of øsection 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. Notwith-
standing any other provision of law, not to exceed 1/2 of 1 percent
of funds apportioned to a State for the surface transportation pro-
gram 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, in-
stitution, Indian tribal government, corporation (profit or non-
profit), or any other organization or person, is authorized to de-
velop, 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 apportion-
ments 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 øsection
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.
§ 502(c)(5)
§ 502. Surface transportation research
* * * * * * *
(c) COLLABORATIVE RESEARCH AND DEVELOPMENT.—
* * * * * * *
(5) WAIVER OF ADVERTISING REQUIREMENTS.—øSection
6101(b) to (d)¿ Section 6101 of title 41 shall not apply to a con-
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tract or agreement entered into under this chapter.
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105
TITLE 24—HOSPITALS AND ASYLUMS
§ 225h (Saint Elizabeths Hospital and District of Columbia
Mental Health Services Act, § 11)
SEC. 11. BUY AMERICAN PROVISIONS.
(a) The Mayor shall insure that the requirements of øthe Buy
American Act of 1933, as amended¿ chapter 83 of title 41, United
States Code, apply to all procurements made under this sub-
chapter.
(b) DETERMINATION BY THE MAYOR.—(1) If the Mayor, after con-
sultation 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 discrimi-
nating 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 øthe 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 øthe 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 øthe Buy American Act¿ chapter 83 of title 41,United States
Code , was waived pursuant to any agreement described in sub-
section (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.
ø(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 De-
partments for the fiscal year ending June 30, 1934, and for other
purposes’’, approved March 3, 1933 (41 U.S.C. 10a et seq.).¿
ø(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 pro-
duced or manufactured in a foreign country whose government un-
fairly maintains in government procurement a significant and per-
sistent 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 ac-
cordance with section 305.
ø(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 bear-
ing a ‘‘Made in America’’ inscription, or any inscription with the
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same meaning, to any product sold in or shipped to the United
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106
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.
§ 322(a) (Public Law 86–571, § 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 other-
wise render assistance to, such person pending his transfer or hos-
pitalization 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 øsection 3709 of the Revised Stat-
utes, 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.
§ 324(a) (Public Law 86–571, § 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 con-
tract or other arrangements made without regard to øsection 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 sec-
tion 2. In determining the place of such hospitalization, the Sec-
retary shall give due weight to the best interests of the patient.
TITLE 25—INDIANS
§ 190 (Act of April 12, 1924, ch. 93)
Subject to applicable regulations under øthe Federal Property
and Administrative Services Act of 1949, as amended¿ chapter 5 of
title 40, United States Code, the Secretary of the Interior is author-
ized 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 ex-
ceeding 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.
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107
§ 293 (Act of March 2, 1917, ch. 146, first section, 4th para
graph, 39 Stat. 973)
Subject to applicable regulations under øthe 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 regu-
lations as he may prescribe any tract or part of a tract of land pur-
chased by the United States for day school or other Indian adminis-
trative 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 Inte-
rior containing such metes-and-bounds description as will identify
the land so conveyed as the land which had been purchased: Pro-
vided, 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.
§ 1638b (Indian Health Care Improvement Act, § 310)
SEC. 310. (a) The Secretary shall ensure that the requirements
of øthe 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 pro-
cured with such funds for which øthe 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.
* * * * * * *
ø(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.).¿
§ 5324(a)(3) (Indian Self-Determination Act, § 105(a)(3))
SEC. 105. (a)(1) Notwithstanding any other provision of law, sub-
ject to paragraph (3), the contracts and cooperative agreements en-
tered 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 ex-
pressly apply to Indian tribes.
* * * * * * *
(3)(A) With respect to a construction contract (or a subcontract
of such a construction contract), the provisions øof 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
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relating to acquisitions promulgated under øsuch Act¿ such provi-
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108
sions shall apply only to the extent that the application of such pro-
vision 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 Govern-
ment 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 øFederal 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) øSection 3709 of the Revised Statutes¿ Section 6101 of
title 41, United States Code.
* * * * * * *
(VIII) øSections 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) øThe Service Control Act of 1965 (41 U.S.C. 351 et
seq.)¿ Chapter 67 of title 41, United States Code.
§ 5328(a)(1) (Indian Self-Determination Act, § 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 re-
quirement, 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’’, øthe
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 dona-
tion procedures arising under section 105(f), internal agency proce-
dures 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 manage-
ment standards, and financial management standards.
§ 5331(d) (Indian Self-Determination Act, § 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 Sec-
retary 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, in-
junctive relief against any action by an officer of the United States
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or any agency thereof contrary to this Act or regulations promul-
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109
gated thereunder, or mandamus to compel an officer or employee
of the United States, or any agency thereof, to perform a duty pro-
vided under this Act or regulations promulgated hereunder (includ-
ing 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) øThe Contract Disputes Act (Public Law 95–563, Act of No-
vember 1, 1978; 92 Stat. 2383, as amended)¿ Chapter 71 of title 41,
United States Code, shall apply to self-determination contracts, ex-
cept that all administrative appeals relating to such contracts shall
be heard by the øInterior 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.
§ 5363(e)(1) (Indian Self-Determination and Education As-
sistance Act, § 403(e)(1))
SEC. 403. FUNDING AGREEMENTS.
* * * * * * *
(e) CONSTRUCTION PROJECTS.—(1) Regarding construction pro-
grams or projects, the Secretary and Indian tribes may negotiate
for the inclusion of specific provisions øof the Office of Federal Pro-
curement 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 nego-
tiated agreement, such provisions and regulatory requirements
shall not apply.
§ 5389(h) (Indian Self-Determination and Education Assist-
ance Act, § 509(h))
SEC. 509. CONSTRUCTION PROJECTS.
* * * * * * *
(h) APPLICATION OF OTHER LAWS.—Unless otherwise agreed to by
the Indian tribe, no provision øof 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.
§ 5390 (Indian Self-Determination and Education Assistance
Act, § 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
øof 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 en-
tered into under this part. Absent a negotiated agreement, such
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provisions and regulatory requirements shall not apply.
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110
TITLE 26—INTERNAL REVENUE CODE
§ 5000C note (James Zadroga 9/11 Health and Compensation
Act of 2010, § 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
øsection 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
§ 524(c)(1) (last sentence)
§ 524. Availability of appropriations
* * * * * * *
(c)(1) There is established in the United States Treasury a spe-
cial 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 re-
quired to be specified in appropriations acts. The Attorney General
may exempt the procurement of contract services under subpara-
graph (A) under the Fund from ødivision 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 re-
lated criminal investigations.
§ 524 note (Department of Justice Appropriations Act, 1999,
div. A, § 101(b) øtitle I, § 115(a)(2)¿)
SEC. 115. (a)(1) Notwithstanding any other provision of law, for
fiscal year 1999, the Attorney General may obligate any funds ap-
propriated 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 serv-
ices, without regard to any otherwise applicable Federal acquisition
rule, if the Attorney General determines that—
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* * * * * * *
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111
(2) In this subsection, the term ‘‘Federal acquisition rule’’ means
any provision of øtitle II or IX of the Federal Property and Admin-
istrative Services Act of 1949, the Office of Federal Procurement
Policy Act¿ chapter 5 or 11 of title 40, United States Code, the pro-
visions 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, proce-
dures, requirements, conditions, or restrictions for procurements by
the head of a department or agency or the Federal Government.
§ 533 note (Department of Justice and Related Agencies Ap-
propriations Act, 1993, § 102(b)(1)(A))
SEC. 102. Subject to subsection (b) of this section, authorities con-
tained in Public Law 96–132, ‘‘The Department of Justice Appro-
priation Authorization Act, Fiscal Year 1980’’, shall remain in ef-
fect until the termination date of this Act or until the effective date
of a Department of Justice Appropriation Authorization Act, which-
ever is earlier.
(b)(1) During fiscal year 1996, with respect to any undercover in-
vestigative operation of the Federal Bureau of Investigation or the
Drug Enforcement Administration which is necessary for the detec-
tion 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 Colum-
bia, and the territories and possessions of the United States, with-
out regard to section 1341 of title 31 of the United States Code,
øsection 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 ‘‘Miscella-
neous’’ 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, øsection
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,
§ 581 note (Bankruptcy Judges, United States Trustees, and
Family Farmer Bankruptcy Act of 1986, § 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 Ad-
ministrative 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 var-
ied 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—
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* * * * * * *
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112
(2) in accordance with øthe Federal Property and Adminis-
trative 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 sec-
tions 171(b) and (c) and 172(b) of title 41 of the United States
Code.
§ 604
§ 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 per-
sonal 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 pro-
ceedings 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 pro-
vided pursuant to paragraph (17)), and contracts for nonper-
sonal services providing pretrial services, agencies, for the in-
terpretation of proceedings, and for the provision of special in-
terpretation services pursuant to section 1828 of this title may
be awarded without regard to øsection 6101(b) to (d)¿ section
6101 of title 41;
* * * * * * *
(g)(1) When authorized to exchange personal property, the Direc-
tor may exchange or sell similar items and may apply the exchange
allowance or proceeds of sale in such cases in whole or in part pay-
ment for the property acquired, but any transaction carried out
under the authority of this subsection shall be evidenced in writ-
ing.
* * * * * * *
(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 øsection 253l
of title 41, United States Code¿ section 3902 of title 41;
(B) to enter into contracts for multiple years for the ac-
quisition of property and services to the same extent as ex-
ecutive agencies under the authority of øsection 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 øsection 255
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of title 41, United States Code¿ chapter 45 of title 41.
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113
§ 624(3)
§ 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 øsection 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 exer-
cise such delegated authority.
§ 753(g)
§ 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 pur-
suant to subsection (a) of this section is insufficient to meet tem-
porary 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 re-
porters as otherwise provided in this section, and such judicial
council notifies the Director of the Administrative Office, in writ-
ing, of such determination, the Director of the Administrative Of-
fice is authorized to and shall contract, without regard to øsection
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.
§ 1491(a)(2)
§ 1491. Claims against United States generally; actions in-
volving Tennessee Valley Authority
(a)(1) The United States Court of Federal Claims shall have ju-
risdiction to render judgment upon any claim against the United
States founded either upon the Constitution, or any Act of Con-
gress or any regulation of an executive department, or upon any
express or implied contract with the United States, or for liq-
uidated or unliquidated damages in cases not sounding in tort. For
the purpose of this paragraph, an express or implied contract with
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the Army and Air Force Exchange Service, Navy Exchanges, Ma-
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114
rine Corps Exchanges, Coast Guard Exchanges, or Exchange Coun-
cils 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 af-
forded by the judgment, the court may, as an incident of and collat-
eral to any such judgment, issue orders directing restoration to of-
fice 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 appro-
priate 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 termi-
nation of a contract, rights in tangible or intangible property, com-
pliance with cost accounting standards, and other nonmonetary dis-
putes on which a decision of the contracting officer has been issued
under øsection 6 of that Act¿ section 7103 (except subsection (c)(2))
of title 41.
§ 1510
§ 1510. Third party proceedings
(a) The United States Court of Federal Claims, on motion of ei-
ther 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 par-
ties 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 reg-
istered 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 pro-
ceeding, shall forever be barred and the court shall have jurisdic-
tion 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 there-
to, to the same extent and with like effect as if such person had ap-
peared and had admitted the truth of all allegations made on be-
half of the United States. Upon appearance by any person pursuant
to any such summons or notice, the case as to such person shall, for
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all purposes, be treated as if an independent proceeding has been
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115
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 counter-
claims, claims for damages or other demands whatsoever against
such person, other than claims and contingent claims for the recov-
ery 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 adju-
dicate, as between any and all adverse claimants, their respective
several interests in any matter in suit and to award several judg-
ments 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 sec-
tion had not been enacted.
TITLE 29—LABOR
§ 206(e) (Fair Labor Standards Act of 1938, § 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 (ex-
cept 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 gov-
erned by øthe 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 (ex-
cept subsections (a)(1) and (f) thereof) and the provisions of øthe
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 em-
ployees 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 sub-
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contracts, such employer shall pay to each of his employees in such
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116
establishment wages at rates not less than those prescribed in sub-
section (a)(1) of this section.
§ 262(d) (Portal-to-Portal Act of 1947, § 13(d))
SEC. 13. DEFINITIONS.—
* * * * * * *
(d) øThe 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’’, ap-
proved 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 øthe 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 sub-
contractors 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.
§ 653(b)(2) (Occupational Safety and Health Act of 1970,
§ 4(b)(2))
SEC. 4. (a) This Act shall apply with respect to employment per-
formed 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 Is-
land, Outer Continental Shelf lands defined in the Outer Conti-
nental 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 øthe 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 Human-
ities 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. Stand-
ards 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 occu-
pational safety and health standards issued under this Act, as well
as under such other chapters or Acts.
§ 671(e)(7) (Occupational Safety and Health Act of 1970,
§ 22(e)(7))
SEC. 22. (a) It is the purpose of this section to establish a Na-
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tional Institute for Occupational Safety and Health in the Depart-
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117
ment of Health and Human Services in order to carry out the pol-
icy 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 func-
tions 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 øsection 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;
§ 2887(a)(2)(A) (Workforce Investment Act of 1998,
§ 147(a)(2)(A))
SEC. 147. JOB CORPS CENTERS.
(a) OPERATORS AND SERVICE PROVIDERS.—
* * * * * * *
(2) SELECTION PROCESS.—
(A) COMPETITIVE BASIS.—Except as provided in øsub-
sections (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 ac-
tivities described in this subchapter to the Job Corps cen-
ter. 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 coun-
cil for the Job Corps center (if established), and the appli-
cable local board regarding the contents of such solicita-
tion, including elements that will promote the consistency
of the activities carried out through the center with the ob-
jectives set forth in the State plan or in a local plan.
TITLE 30—MINERAL LANDS AND
MINING
§ 4 (Act of February 25, 1919, ch. 23, § 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 com-
mercial 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 author-
ized and directed subject to applicable regulations under øthe Fed-
eral Property and Administrative Services Act of 1949, as amend-
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ed¿ chapter 5 of title 40, United States Code, to sell or otherwise
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118
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 re-
sults of such experiments and investigations to Congress.
§ 556(b) (Act of August 31, 1954, ch. 1156, § 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 øsection 3709, Revised Statutes (41
U.S.C., sec. 5)¿ section 6101 of title 41, United States Code;
§ 846 (Federal Mine Safety and Health Act of 1977, § 206)
SEC. 206. On and after the operative date of this title, the stand-
ards on noise prescribed under øthe Walsh-Healey Public Contracts
Act, as amended¿ chapter 65 of title 41, United States Code, in ef-
fect 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 opera-
tive date of this title, and at intervals of at least every six months
thereafter, the operator of each coal mine shall conduct, in a man-
ner 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.
§ 1711(c)(2) (Federal Oil and Gas Royalty Management Act of
1982, § 101(c)(2))
SEC. 101. (a) The Secretary shall establish a comprehensive in-
spection, collection and fiscal and production accounting and audit-
ing 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 prac-
ticable, all current and past lease accounts for leases of oil or gas
and take appropriate actions to make additional collections or re-
funds as warranted. The Secretary shall conduct audits and rec-
onciliations of lease accounts in conformity with the business prac-
tices and recordkeeping systems which were required of the lessee
by the Secretary for the period covered by the audit. The Secretary
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shall give priority to auditing those lease accounts identified by a
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119
State or Indian tribe as having significant potential for under-
payment. The Secretary may also audit accounts and records of se-
lected lessees and operators.
(2) The Secretary may enter into contracts or other appropriate
arrangements with independent certified public accountants to un-
dertake audits of accounts and records of any lessee or operator re-
lating to the lease of oil or gas. Selection of such independent cer-
tified public accountants shall be by competitive bidding in accord-
ance with the øFederal 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 inde-
pendent certified public accountant to audit any lessee or operator
where such lessee or operator is a primary audit client of such cer-
tified public accountant.
TITLE 31—MONEY AND FINANCE
§ 501 note (Financial Services and General Government Ap-
propriations Act, 2010, § 743(i))
SEC. 743. (a) SERVICE CONTRACT INVENTORY REQUIREMENT.—
* * * * * * *
(i) EXECUTIVE AGENCY DEFINED.—In this section, the term ‘‘exec-
utive agency’’ has the meaning given the term in øsection 4 of the
Office of Federal Procurement Policy Act (41 U.S.C. 403)¿ section
133 of title 41, United States Code.
§ 501 note (National Defense Authorization Act for Fiscal
Year 2010, § 326)
SEC. 326. REQUIREMENT FOR DEBRIEFING RELATED TO CONVERSION
OF FUNCTIONS FROM PERFORMANCE BY FEDERAL EM-
PLOYEES TO PERFORMANCE BY A CONTRACTOR.
The Administrator for Federal Procurement Policy shall revise
the Federal Acquisition Regulation to allow for debriefings of Fed-
eral 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 perform-
ance by a contractor. Such debriefings will conform to the require-
ments of section 2305(b)(6)(A) of title 10, United States Code, øsec-
tion 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 Regu-
lation.
§ 501 note (Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009, § 321(a))
SEC. 321. COMPREHENSIVE ANALYSIS AND DEVELOPMENT OF SINGLE
GOVERNMENT WIDE DEFINITION OF INHERENTLY GOV-
ERNMENTAL FUNCTION AND CRITERIA FOR CRITICAL
FUNCTIONS.
(a) DEVELOPMENT AND IMPLEMENTATION.—The Director of the Of-
ctelli on DSK11ZRN23PROD with REPORTS
fice of Management and Budget, in consultation with appropriate
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120
representatives of the Chief Acquisition Officers Council under
øsection 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—
§ 501 note (Financial Services and General Government Ap-
propriations Act, 2008, § 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 øsection 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 quali-
fied nonprofit agency for other severely handicapped
individuals in accordance with øthat Act¿ chapter 85
of title 41 United States Code;
§ 501 note (Transportation, Treasury, and Independent
Agencies Appropriations Act, 2004, § 647(f))
SEC. 647. (a) LIMITATION ON CONVERSION TO CONTRACTOR PER-
FORMANCE.—None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or func-
tion of an executive agency, that on or after the date of enactment
of this Act, is performed by more than 10 Federal employees un-
less—
* * * * * * *
(f) In this section, the term ‘‘executive agency’’ has the meaning
given such term in øsection 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403)¿ section 133 of title 41, United States
Code.
§ 702 note (Legislative Branch Appropriations Act, 2008,
§ 1501(d))
SEC. 1501. CONTRACTS APPEAL BOARD.
(a) DEFINITIONS.—In this section—
* * * * * * *
(d) PROVISIONS APPLICABLE TO APPEALS.—øThe Contract Dis-
putes 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 øsection 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 øsubsection 6(c)¿ subsections (b) and (f) of section 7103 of title
41, United States Code, shall be $50,000. The Comptroller General
ctelli on DSK11ZRN23PROD with REPORTS
shall prescribe regulations for procedures for appeals to the Board
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121
that are consistent with procedures under øthe Contract Disputes
Act of 1978¿ chapter 71 of title 41, United States Code.
§ 781(c)(1)
§ 781. Authority over the General Accounting Office Building
* * * * * * *
(c)(1) The Comptroller General is authorized to enter into agree-
ments 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 øsection 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 pur-
poses of the Competition in Contracting Act of 1984.
§ 1113 note (Public Law 107–74, § 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 re-
quired to be submitted under any of the following provisions of law:
* * * * * * *
(17) øSection 303(c)(7) of the Federal Property and Adminis-
trative Services Act of 1949 (41 U.S.C. 253(c)(7))¿ Section
3304(a)(7) of title 41, United States Code.
§ 1113 note (National Defense Authorization Act for Fiscal
Year 2000, § 1031(13))
SEC. 1031. PRESERVATION OF CERTAIN DEFENSE REORTING RE-
QUIREMENTS.
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 re-
quired to be submitted under any of the following provisions of law:
* * * * * * *
(13) øSection 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.
§ 1535 note (Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009, § 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 øsection 4(1) of the Office of Federal Procurement Pol-
icy 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.
§ 3718(b)(1)(A)
§ 3718. Contracts for collection services
ctelli on DSK11ZRN23PROD with REPORTS
* * * * * * *
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122
(b)(1)(A) The Attorney General may make contracts retaining pri-
vate 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 con-
tract shall include such terms and conditions as the Attorney Gen-
eral 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 At-
torney General, considering the amount, age, and nature of the in-
debtedness 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 ødivision C
(except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of sub-
title I¿ the provisions referred to in section 171(c) of title 41.
§ 3903 note (Prompt Payment Act Amendments of 1988, §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 serv-
ices in an amount less than the amount specified as a
small purchase in øsection 303(g)(2) of the Federal Prop-
erty 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 in-
voice, if—
* * * * * * *
(c) The regulations required by subsection (a) of this section shall
be published as proposed regulations for public comment as pro-
vided in øsection 22 of the Office of Federal Procurement Policy Act
(41 U.S.C. 418b)¿ section 1707 of title 41, United States Code, with-
in 120 days after the date of the enactment of this Act.
§ 5114(a)(3)
§ 5114. Engraving and printing currency and security docu-
ments
(a) AUTHORITY TO ENGRAVE AND PRINT.—
ctelli on DSK11ZRN23PROD with REPORTS
* * * * * * *
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123
(3) PROCUREMENT GUIDELINES.—Articles, material, and sup-
plies 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 with-
in the United States for purposes of øtitle 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.
§ 6101 note (Federal Funding Accountability and Trans-
parency Act of 2006, § 2(b)(1))
SEC. 2. FULL DISCLOSURE OF ENTITIES RECEIVING FEDERAL FUND-
ING.
* * * * * * *
(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 øOffice of Federal Procure-
ment Policy Act (41 U.S.C. 403 et seq.)¿ provisions referred to
in section 172(b) of title 41, United States Code, ensure the ex-
istence and operation of a single searchable website, accessible
by the public at no cost to access, that includes for each Fed-
eral award—
§ 6101 note (Federal Acquisition Streamlining Act of 1994,
§ 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 sub-
contracts at any tier, other than subcontracts for commercially
available off-the-shelf items (as defined in øsection 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.
§ 9705(b)(3)
§ 9705. Department of the Treasury Forfeiture Fund
* * * * * * *
(b) LIMITATIONS.—
* * * * * * *
(3) The Secretary may exempt the procurement of contract
services under the Fund from ødivision 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, øsection
6101(b) to (d)¿ section 6101 of title 41, and other provisions of
law as may be necessary to maintain the security and con-
ctelli on DSK11ZRN23PROD with REPORTS
fidentiality of related criminal investigations.
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124
TITLE 33—NAVIGATION AND
NAVIGABLE WATERS
§ 578(a) (River and Harbor Act of 1960, § 108(a))
SEC. 108. (a) Whenever the Secretary of the Army, upon the rec-
ommendation of the Chief of Engineers, determines that notwith-
standing øthe 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 jurisdic-
tion 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 de-
velopment of such facilities. In any case, where two or more polit-
ical 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 in-
tended use of land will, in his opinion, best promote the purposes
for which the project involved was authorized.
§ 702m (Act of May 15, 1928, ch. 569, § 14)
SEC. 14. In every contract or agreement to be made or entered into
for the acquisition of land either by private sale or con-
demnation as in this Act provided the provisions con-
tained in øsection 3741 of the Revised Statutes being sec-
tion 22 of title 41 of the United States Code¿ section
6306(a) of title 41, United States Code, shall be applica-
ble.
§ 891d(a)(1) (NOAA Fleet Modernization Act, § 606(a)(1))
SEC. 606. CONTRACT AUTHORITY.
(a) MULTIYEAR CONTRACTS.—
(1) IN GENERAL.—Subject to paragraphs (2) and (3), and not-
withstanding section 1341 of title 31, øUnited 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 oth-
erwise, under one or more multiyear contracts.
§ 941(b)(5) (Longshore and Harbor Workers’ Compensation
Act, § 41(b)(5))
SEC. 41. (a) Every employer shall furnish and maintain employ-
ment and places of employment which shall be reasonably safe for
his employees in all employments covered by this Act and shall in-
stall, furnish, maintain, and use such devices and safeguards with
ctelli on DSK11ZRN23PROD with REPORTS
particular reference to equipment used by and working conditions
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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 em-
ployment 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 nec-
essary 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 øsection 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 Sec-
retary shall be represented in any court proceedings as pro-
vided in the Act of May 4, 1928 (ch. 502, 45 Stat. 390), as
amended.
§ 1123(c)(4)(D) (National Sea Grant College Program Act,
§ 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 øsection 5 of title 41¿
section 6101 of title 41, United States Code;
§ 1254 (Federal Water Pollution Control Act, § 104)
SEC. 104. (a) The Administrator shall establish national pro-
grams 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, or-
ganizations, and individuals, without regard to øsections 3648
and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5¿
ctelli on DSK11ZRN23PROD with REPORTS
section 3324(a) and (b) of title 31, United States Code, and sec-
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126
tion 6101 of title 41, United States Code, referred to in para-
graph (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 sub-
stantially the proficiency of those engaged in such activities, the
Administrator shall finance pilot programs, in cooperation with
State and interstate agencies, municipalities, educational institu-
tions, and other organizations and individuals, of manpower devel-
opment and training and retraining of persons in, on entering into,
the field of operation and maintenance of treatment works and re-
lated 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 imple-
mentation 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 institu-
tions and to individuals for training projects, and provide for
the conduct of training by contract with public or private agen-
cies and institutions and with individuals without regard to
øsections 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;
§ 1368(f)(2) (Federal Water Pollution Control Act, § 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 Ad-
ministrator certifies that the condition giving rise to such convic-
tion 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 com-
mercial items in order to implement a prohibition or requirement
of this section or a prohibition or requirement issued in the imple-
mentation of this section.
(2) In paragraph (1), the term ‘‘commercial item’’ has the
meaning given such term in øsection 4(12) of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 403(12))¿ section 103 of
ctelli on DSK11ZRN23PROD with REPORTS
title 41, United States Code.
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127
TITLE 35—PATENTS
§ 1 note (Omnibus Budget Reconciliation Act of 1990,
§ 10102)
SEC. 10102. FEDERAL AGENCY STATUS.
For the purposes of Federal law, the Patent and Trademark Of-
fice shall be considered a Federal agency. In particular, the Patent
and Trademark Office shall be subject to all Federal laws per-
taining to the procurement of goods and services that would apply
to a Federal agency using appropriated funds, including the øFed-
eral Property and Administrative Services Act of 1949 and the Of-
fice of Federal Procurement Policy Act¿ provisions referred to in
sections 171(b) and (c) and 172(b) of title 41, United States Code.
§ 2(b)(4)(A)
§ 2. Powers and duties
* * * * * * *
(b) SPECIFIC POWERS.—The Office—
* * * * * * *
(4)(A) may make such purchases, contracts for the construc-
tion, 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, ødivision 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
§ 1966(a)
§ 1966. Eligible insurance companies
(a) The Secretary is authorized, without regard to øsection
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 in-
surance to provide the benefits specified in this subchapter. Each
such life insurance company must (1) be licensed to issue life insur-
ance in each of the fifty States of the United States and in the Dis-
trict 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.
§ 2412(c)(1)
§ 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 øsection 3709 of the Re-
ctelli on DSK11ZRN23PROD with REPORTS
vised Statutes (41 U.S.C. 5)¿ section 6101 of title 41.
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128
§ 3720(b)
§ 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 gov-
ern the expenditure of public funds, except that ødivision 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 ac-
quired pursuant to this section.
§ 7317(f)
§ 7317. Hazardous research projects: indemnification of con-
tractors
* * * * * * *
(f) In administering the provisions of this section, the Secretary
may use the facilities and services of private insurance organiza-
tions 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 øsection 6101(b) to (d)¿
section 6101 of title 41, upon a showing by the Secretary that ad-
vertising is not reasonably practicable, and advance payments may
be made under any such contract.
§ 7802(f)
§ 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 øsec-
tion 6101(b) to (d)¿ section 6101 of title 41 and to do all things nec-
essary to carry out such contracts or agreements, including the
making of necessary adjustments and compromising of claims in
connection therewith.
§ 8122(a)(1)
§ 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 organi-
zation may be made without regard to the provisions of øsection
6101(b) to (d)¿ section 6101 of title 41. Notwithstanding section
1302 of title 40, or any other provision of law, a lease made pursu-
ant to this subsection to any public or nonprofit organization may
provide for the maintenance, protection, or restoration, by the les-
see, 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
ctelli on DSK11ZRN23PROD with REPORTS
do so in the newspaper of the community in which the lands or
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129
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.
§ 8201(e)
§ 8201. Coordination with public health programs; adminis-
tration
* * * * * * *
(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 appro-
priate, 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 re-
spect 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 øsection 6101(b) to (d)¿ section 6101 of
title 41. Notwithstanding section 1302 of title 40, or any other pro-
vision of law, a lease entered into pursuant to this chapter may
provide for the maintenance, protection, or restoration, by the les-
see, 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, § 5(l)(23)
SEC. 5. CONFORMING CROSS REFERENCES.
* * * * * * *
(l) TITLE 40.—Title 40, United States Code, is amended as fol-
lows:
* * * * * * *
(23) In section 8711(d), strike ‘‘section 3709 of the Revised
øStatutes¿ 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 ødivision 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.
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§ 102 (matter before (1))
§ 102. Definitions
The following definitions apply in chapters 1 through 7 of this
title øand in division C (except sections 3302, 3501(b), 3509, 3906,
4710, and 4711) of subtitle I of title 41¿:
§ 111. Application to ødivision 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 ødivision C (except sections 3302, 3501(b), 3509,
3906, 4710, and 4711) of subtitle I¿ the provisions referred to in sec-
tion 171(c) of title 41:
§ 113(b)
§ 113. Limitations
* * * * * * *
(b) LIMITATION REGARDING øDIVISION B (EXCEPT SECTIONS 1704
AND 2303) OF SUBTITLE I¿ THE PROVISIONS REFERRED TO IN SEC-
TION 172(b) OF TITLE 41.—The authority conferred by this subtitle
is subject to ødivision B (Except Sections 1704 and 2303) of subtitle
I¿ the provisions referred to in section 172(b) of title 41.
§ 311
§ 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 ødivision 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 ødivi-
sion 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.
§ 501(b)(2)(B)
§ 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
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Administrator for Federal Procurement Policy under ødivi-
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131
sion B (except sections 1704 and 2303) of subtitle I¿ the
provisions referred to in section 172(b) of title 41.
§ 503(b)(3)
§ 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 Gen-
eral Services prescribes, subject to regulations prescribed by
the Administrator for Federal Procurement Policy under ødivi-
sion B (except sections 1704 and 2303) of subtitle I¿ the provi-
sions referred to in section 172(b) of title 41.
* * * * * * *
(3) øSECTION 6101(b) TO (d)¿ SECTION 6101 OF TITLE 41.—
øSection 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.
§ 506(a)(1)(D)
§ 506. Inventory controls and systems
(a) ACTIVITIES OF THE ADMINISTRATOR OF GENERAL SERVICES.—
(1) IN GENERAL.—Subject to paragraph (2), and after ade-
quate advance notice to affected executive agencies, the Admin-
istrator of General Services may undertake the following ac-
tivities 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 pre-
scribes by law) subject to regulations the Administrator for
Federal Procurement Policy prescribes under ødivision B
(except sections 1704 and 2303) of subtitle I¿ the provi-
sions referred to in section 172(b) of title 41.
§ 545(f)
§ 545. Procedure for disposal
* * * * * * *
(f) APPLICABILITY OF OTHER LAW.—øSection 6101(b)–(d)¿ Section
6101 of title 41 does not apply to a disposal or contract for disposal
made under this section.
§ 1103 note (Services Acquisition Reform Act of 2003, div. A,
title XIV, § 1427(b))
SEC. 1427. IMPROVEMENTS IN CONTRACTING FOR AR-
CHITECTURAL AND ENGINEERING SERVICES.
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* * * * * * *
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132
(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 con-
tracts entered into under sections 2304a and 2304b of title 10,
United States Code, or øsections 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—
§ 1305
§ 1305. Disposition of land acquired by devise
The General Services Administration may take custody, for dis-
posal as excess property under øthis 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 Gov-
ernment by devise.
§ 1308
§ 1308. Disposition of unfit horses and mules
Subject to applicable regulations under this subtitle and ødivi-
sion 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, ei-
ther on pastures belonging to the Government or those belonging
to financially sound and reputable humane organizations whose fa-
cilities permit them to care for the horses and mules during the re-
mainder of their natural lives, at no cost to the Government.
§ 3148
§ 3148. Application of this subchapter to certain contracts
This subchapter applies to a contract authorized by law that is
made without regard to øsection 6101(b) to (d)¿ section 6101 of title
41, or on a cost-plus-a-fixed-fee basis or otherwise without adver-
tising for proposals, if this subchapter otherwise would apply to the
contract.
§ 3304(d)(2)
§ 3304. Acquisition of buildings and sites
* * * * * * *
(d) SOLICITATION OF PROPOSALS FOR SALE, DONATION, OR EX-
CHANGE 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 pro-
posals 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
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United States Postal Service if any part of the public building to
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133
be constructed on the site is to be used for post office purposes)
may—
* * * * * * *
(2) acquire the site without regard to ødivision C (except sec-
tions 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I¿
the provisions referred to in section 171(c) of title 41.
§ 3305(a)
§ 3305. Construction and alteration of buildings
(a) CONSTRUCTION.—
(1) REPLACEMENT OF EXISTING BUILDINGS.—When the Ad-
ministrator 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 advan-
tageous 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 øsubtitle 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 accord-
ance with øsubtitle I of this title and division C (except sec-
tions 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I
of title 41¿ chapter 5 of this title.
§ 3308(a)
§ 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 øsection 6101(b) to (d)¿ section 6101 of
title 41, the services of established architectural or engineering cor-
porations, 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.
§ 3313(g)
§ 3313. Use of energy efficient lighting fixtures and bulbs
* * * * * * *
(g) APPLICABILITY OF øBUY AMERICAN ACT¿ CHAPTER 83 OF TITLE
41.—Acquisitions carried out pursuant to this section shall be sub-
ject to the requirements of øthe Buy American Act (41 U.S.C. 10c
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§ 6111(b)(2)(D)
§ 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 øsection 6101(b) to (d)¿ sec-
tion 6101 of title 41—
§ 8711(d)
§ 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 re-
gard to øsection 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 tem-
porary or intermittent (not more than one year) services of city
planners, architects, engineers, appraisers, and other experts or or-
ganizations of experts, as may be necessary to carry out its func-
tions. The Commission shall fix the rate of compensation so as not
to exceed the rate usual for similar services.
§ 11302 note (Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001, § 1 ødiv. A¿, title VIII,
§ 813)
SEC. 813. APPROPRIATE USE OF REQUIREMENTS REGARDING EXPERI-
ENCE 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 øsections
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 ex-
perience and education of contractor personnel.
* * * * * * *
(d) DEFINITIONS.—In this section:
(1) The term ‘‘executive agency’’ has the meaning given that
term in øsection 4(1) of the Office of Federal Procurement Pol-
icy Act (41 U.S.C. 403(1))¿ section 133 of title 41, United
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States Code.
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135
TITLE 41—PUBLIC CONTRACTS
Public Law 111–350, § 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
Chapter or specified)
Date Section
Public Law Volume Page Existing Proposed
* * *
1933
Mar. 3 .......... 212 ............. title III, § 1 ...................... 47 1520 ........... 10c 8301
* * *
..................... title III, § 4 ...................... ................ ..................... ø10b–1¿ 10c note ....................
* * *
1978
* * *
Nov. 1 .......... 95–563 ....... ø1 .................................... 92 2383 ........... 601 note ¿
* * *
..................... ø16 .................................. 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 Admin-
istrative Services Act of 1949.
172. References to provisions formerly contained in the Office of Federal Procurement
Policy Act.
§§ 154, 171, 172
§ 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
§ 171. References to provisions formerly contained in Federal
Property and Administrative Services Act of 1949
(a) TRANSLATION OF OBSOLETE REFERENCES.—This section pro-
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136
tained 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 Adminis-
trative 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.—Provi-
sions formerly contained in title III of the Federal Property and Ad-
ministrative Services Act of 1949 are restated in the following provi-
sions 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.
§ 172. References to provisions formerly contained in the Of-
fice of Federal Procurement Policy Act
(a) TRANSLATION OF OBSOLETE REFERENCES.—This section pro-
vides a convenient form for references to provisions formerly con-
tained 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 fol-
lowing 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.
§ 1101 note (Departments of Labor, Health and Human Serv-
ices, and Education, and Related Agencies Appro-
priations Act, 1993, § 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, øas referred to in the Office of
Federal Procurement Policy Act (41 U.S.C. 401 et seq.)¿ as defined
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in section 133 of title 41, United States Code, pursuant to any obli-
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137
gation for services by contract, unless such executive agency has
awarded and entered into such contract in full compliance with
øsuch Act¿ the provisions referred to in section 172(b) of title 41,
United States Code, and regulations promulgated thereunder.
§ 1122 note (Small Business Reauthorization Act of 1997,
§ 414(a))
SEC. 414. REPORTING OF BUNDLED CONTRACT OPPORTUNITIES.
(a) DATA COLLECTION REQUIRED.—The Federal Procurement
Data System described in øsection 6(d)(4)(A) of the Office of Fed-
eral 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, in-
cluding 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.
§ 1122 note (Federal Acquisition Streamlining Act of 1994,
§ 10004)
SEC. 10004. DATA COLLECTION THROUGH FEDERAL PROCUREMENT
DATA SYSTEM.
(a) DATA COLLECTION REQUIRED.—The Federal Procurement
Data System described in øsection 6(d)(4)(A) of the Office of Fed-
eral 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 thresh-
old data identifying the following matters:
* * * * * * *
(b) DEFINITION.—In this section, the term ‘‘simplified acquisition
threshold’’ has the meaning given such term in øsection 4(11) of
the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))¿
section 134 of title 41, United States Code.
§ 1127 note (National Defense Authorization Act for Fiscal
Year 1998, § 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
øsection 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 øsection 306(m) of the Federal Prop-
erty and Administrative Services Act of 1949¿ section 4301 of
title 41, United States Code.
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§ 1302(b)(1)(C)
§ 1302. Establishment and membership
* * * * * * *
(b) MEMBERSHIP.—
(1) MAKEUP OF COUNCIL.—The council consists of—
* * * * * * *
(C) øThe Administrator of National Aeronautics and
Space¿ the Administrator of the National Aeronautics and
Space Administration; and
§ 1303(a)(1)
§ 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 Serv-
ices, the Secretary of Defense, and øthe Administrator of Na-
tional Aeronautics and Space¿ the Administrator of the Na-
tional Aeronautics and Space Administration, pursuant to their
respective authorities under division C of this subtitle, chap-
ters 4 and 137 of title 10, and øthe 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 sub-
section (d) a single Government-wide procurement regulation, to
be known as the Federal Acquisition Regulation.
§ 1502 note (National Defense Authorization Act for Fiscal
Year 2000, § 802)
SEC. 802. STREAMLINED APPLICABILITY OF COST ACCOUNTING
STANDARDS.
* * * * * * *
(c) REGULATION ON TYPES OF CAS COVERAGE.—(1) The Adminis-
trator for Federal Procurement Policy shall revise the rules and
procedures prescribed pursuant to øsection 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 øsection 26 of the Office of Fed-
eral Procurement Policy Act¿ chapter 15 of title 41, United
States Code, is administered through the regulation; or
* * * * * * *
ø(g) INAPPLICABILITY OF STANDARDS TO CERTAIN CONTRACTS.—
The cost accounting standards issued pursuant to section 26(f) of
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the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)), as
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139
amended by this section, shall not apply during fiscal year 2000
with respect to a contract entered into under the authority pro-
vided in chapter 89 of title 5, United States Code (relating to
health benefits for Federal employees).¿
(h) CONSTRUCTION REGARDING CERTAIN NOT-FOR-PROFIT ENTI-
TIES.—The amendments made by subsections (a) and (b) shall not
be construed as modifying or superseding, nor as intended to im-
pair or restrict, the applicability of the cost accounting standards
described in øsection 26(f) of the Office of Federal Procurement Pol-
icy 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 re-
garding whether a segment of a contractor or subcontractor is
subject to the cost accounting standards under øsection 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 determina-
tions are made were entered into before, on, or after such date.
§ 1703(i)
§ 1703. Acquisition workforce
* * * * * * *
(i) TRAINING FUND.—
* * * * * * *
(5) TRANSFER AND USE OF FEES COLLECTED FROM DEPART-
MENT 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 De-
fense 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 Fed-
eral øProcurememt¿ 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.
§ 1703 note (Federal Acquisition Streamlining Act of 1994,
§ 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,
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in consultation with appropriate officials in other departments and
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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 Govern-
ment 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 work-
force which—
(A) relates pay to performance (including the extent to
which the performance of personnel in such workforce con-
tributes to achieving the cost goals, schedule goals, and
performance goals established for acquisition programs
pursuant to øsection 313(b) of the Federal Property and
Administrative Services Act of 1949, as added by sub-
section (a)¿ section 3103(b) of title 41, United States Code;
and
§ 1709 note (Federal Acquisition Streamlining Act of 1994,
§ 6002(b))
SEC. 6002. CONTRACTING FUNCTIONS BY FEDERAL PERSONNEL.
* * * * * * *
(b) REQUIREMENT FOR GUIDANCE AND REGULATIONS.—The Fed-
eral Acquisition Regulatory Council established by øsection 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—
§ 1902 note (Small Business Jobs Act of 2010, § 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 op-
portunities for achieving and accurately measuring fair participa-
tion of small business concerns in purchases in an amount not in
excess of the micro-purchase threshold, as defined in øsection 32 of
the Office of Federal Procurement Policy Act (41 U.S.C. 428)¿ sec-
tion 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.
§ 2313
§ 2313. Database for Federal agency contract and grant offi-
cers and suspension and debarment officials
* * * * * * *
(e) USE OF DATABASE.—
ø(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
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Federal agencies, other government officials as the Adminis-
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141
trator of General Services determines appropriate, and, on re-
quest, 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 Admin-
istrator of General Services determines appropriate, and,
on request, the Chairman and Ranking Member of the com-
mittees of Congress having jurisdiction.
(B) TO THE PUBLIC.—The Administrator of General Serv-
ices 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
§ 3103. øAcquisition programs¿ Goals for major acquisition
programs.
note prec. 3901 (Federal Property and Administrative Serv-
ices Act of 1949, § 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 en-
tered into under this section in a subsequent fiscal year, the con-
tract 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 con-
tract if funds are available and sufficient to make payments with
respect to the first fiscal year of the contract and the following con-
ditions are met regarding the funding of cancellation and termi-
nation liability:
* * * * * * *
(B) The aggregate number of share-in-savings contracts that may
be entered into under subparagraph (A) by all executive agencies
to which øthis 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.
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§ 4304 note (Federal Acquisition Streamlining Act of 1994,
§ 2192(b)(2))
SEC. 2192. REVISION OF COST PRINCIPLE RELATING TO ENTERTAIN-
MENT, 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 øsection 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.
§ 6503(b)
§ 6503. Breach or violation of required contract terms
* * * * * * *
ø(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 Govern-
ment for the following liquidated damages:
(1) An amount equal to the sum of $10 per day for each indi-
vidual 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 con-
tract, 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 viola-
tion 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 indi-
vidual under 16 years of age knowingly employed in the per-
formance of the contract.
(2) An amount equal to the sum of $10 per day for each in-
carcerated 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 re-
funds.
§ 6504
§ 6504. Three-year prohibition on new contracts in case of
breach or violation
(a) DISTRIBUTION OF LIST.—The Comptroller General shall dis-
tribute to øeach 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 rec-
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ommends otherwise, a contract ødescribed in section 6502 of this
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143
title¿ may not be awarded to a person named on the list under sub-
section (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.
§ 6506(b)
§ 6506. Administrative provisions
* * * * * * *
(b) REGULATIONS.—The Secretary may make, amend, and rescind
rules and regulations as may be necessary to carry out this chap-
ter.
§ 6507
§ 6507. Hearing authority and procedures
* * * * * * *
(b) AUTHORITY TO HOLD HEARINGS.—The Secretary or an impar-
tial representative designated by the Secretary may hold hearings
when there is a complaint of breach or violation of a representation
or stipulation øincluded 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 re-
lating 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 im-
partial] 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 per-
son is found or resides or transacts business within the court’s judi-
cial district. The court may issue an order requiring the person to
obey the order issued under subsection (c), and the court may pun-
ish any further refusal or failure as contempt of court.
§ 6508
§ 6508. Authority to make exceptions
(a) DUTY OF THE SECRETARY TO MAKE EXCEPTIONS.—When the
head of øan 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 con-
tract will seriously impair the conduct of Federal Government busi-
ness, the Secretary shall make exceptions, in specific cases or oth-
erwise, when justice or the public interest will be served.
(b) AUTHORITY OF THE SECRETARY TO MODIFY EXISTING CON-
TRACTS.—When øan agency¿ the contracting agency of the United
States and a contractor jointly recommend, the Secretary may mod-
ify the terms of an existing contract with respect to minimum
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wages and maximum hours of labor as the Secretary finds nec-
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144
essary and proper in the public interest or to prevent injustice and
undue hardship.
(c) AUTHORITY OF THE SECRETARY TO ALLOW LIMITATIONS, VARI-
ATIONS, TOLERANCES, AND EXEMPTIONS.—The Secretary may pro-
vide reasonable limitations and may prescribe rules and regula-
tions to allow reasonable variations, tolerances, and exemptions in
the application of this chapter to contractors, including with re-
spect to minimum wages and maximum hours of labor.
§ 6701(3)(A)
§ 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;
§ 6702(a)
§ 6702. Contracts to which this chapter applies
(a) IN GENERAL.—Except as provided in subsection (b), this chap-
ter 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 Co-
lumbia; and
ø(2) involves an amount exceeding $2,500; and¿
ø(3)¿ (2) has as its principal purpose the furnishing of serv-
ices in the United States through the use of service employees.
§ 6703
§ 6703. Required contract terms
øA 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
øeach 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 cov-
ers the service employees, in accordance with the rates pro-
vided for in the agreement, including prospective wage in-
creases 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
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this title.
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145
(2) FRINGE BENEFITS.—The contract and bid specification
shall contain a provision specifying the fringe benefits to be
provided to øeach 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 Sec-
retary’s authorized representative to be prevailing in the local-
ity, or, where a collective-bargaining agreement covers the
service employees, to be provided for under the agreement, in-
cluding 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 re-
tirement or death, compensation for injuries or illness result-
ing from occupational activity, or insurance to provide any of
the foregoing, unemployment benefits, life insurance, disability
and sickness insurance, accident insurance, vacation and holi-
day pay, costs of apprenticeship or other similar programs and
other bona fide fringe benefits not otherwise required by Fed-
eral, State, or local law to be provided by the contractor or sub-
contractor. The obligation under this paragraph may be dis-
charged 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 SYS-
TEMS.—The contract and bid specification shall contain a state-
ment of the rates that would be paid by the Federal agency to
øeach 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.
§ 6705
§ 6705. Violations
* * * * * * *
(b) RECOVERY OF AMOUNTS UNDERPAID TO EMPLOYEES.—
(1) WITHHOLDING ACCRUED PAYMENTS DUE ON CONTRACTS.—
øThe 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 com-
pensation found by the Secretary or the head of a Federal
agency to be due an underpaid employee pursuant to this chap-
ter shall be paid from the deposit fund directly to the under-
paid employee.
(2) BRINGING ACTIONS AGAINST CONTRACTORS.—If the accrued
payments withheld under the terms of the contract are insuffi-
cient to reimburse øa service employee¿ all service employees
with respect to whom there has been a failure to pay the com-
pensation required pursuant to this chapter, the Federal Gov-
ernment may bring action against the contractor, subcon-
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tractor, or any sureties in any court of competent jurisdiction
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146
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 øunderpaid
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 øa Federal agency¿ the Federal agency
may carry out this section.
§ 6706(b)
§ 6706. Three-year prohibition on new contracts in case of
violation
* * * * * * *
(b) THREE YEAR PROHIBITION.—Unless the Secretary rec-
ommends 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 øa hearing exam-
iner¿ 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.
§ 6707
§ 6707. Enforcement and administration of chapter
(a) ENFORCEMENT OF CHAPTER.—Sections 6506 and ø6507¿
6507(b) through (f) of this title govern the Secretary’s authority to
enforce this chapter, including the Secretary’s authority to pre-
scribe rules and regulations, issue orders, hold hearings, make de-
cisions 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 limita-
tions 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 PREDE-
CESSOR 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 øthe wages and fringe
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benefits the service employee would have received under the
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147
predecessor contract, including accrued wages and fringe bene-
fits 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 pro-
vided 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 Sec-
retary finds after a hearing in accordance with regulations
adopted by the Secretary that wages and fringe benefits
øunder the predecessor contract¿ established under the prede-
cessor 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 con-
tract, covering øeach 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 7301
Under Contracts Not Subject to Chapter 71.
§ 7105
§ 7105. Agency boards
* * * * * * *
(b) CIVILIAN BOARD.—
* * * * * * *
(4) FUNCTIONS.—
(A) IN GENERAL.—The Civilian Board has jurisdiction as
provided by øsubsection (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 con-
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tracting officer of the Central Intelligence Agency to
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148
hear an appeal from a decision being made by the con-
tracting officer.
(ii) APPEAL AND JURISDICTION.—An appeal from a
decision of a contracting officer of the Central Intel-
ligence Agency, relating to a contract made by the Cen-
tral Intelligence Agency, may be filed with the specified
board, and the specified board has jurisdiction to de-
cide that appeal.
(øD¿ 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.
§ 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,
§ 7302. Finality and conclusiveness of decisions
In a dispute arising under a covered contract, a decision by a de-
cisionmaker is final and conclusive unless it is fraudulent, capri-
cious, arbitrary, or so grossly erroneous as to necessarily imply bad
faith or is not supported by substantial evidence.
§ 7303. Limitation on pleading
A provision of a covered contract relating to the finality or conclu-
siveness 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.
§ 7304. Limitation on finality of decisions as to questions of
law
A covered contract may not contain a provision making the deci-
sion of a decisionmaker final as to questions of law.
§ 8301 note (Energy and Water Development Appropriations
Act, 1989, § 508)
SEC. 508. IMPLEMENTATION OF øBUY AMERICAN ACT¿ CHAPTER 83 OF
TITLE 41, UNITED STATES CODE, WITH RESPECT TO CER-
TAIN WATER RESOURCE PROJECTS.
SEC. 508. (a) GENERAL RULE.—For purposes of øtitle 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
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States Code, a cofferdam or any other temporary structure to be
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149
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.
§ 8501 note (John Warner National Defense Authorization
Act for Fiscal Year 2007, § 856(a))
SEC. 856. CONTRACTING WITH EMPLOYERS OF PERSONS WITH DIS-
ABILITIES.
(a) INAPPLICABILITY OF CERTAIN LAWS.—
(1) INAPPLICABILITY OF THE RANDOLPH-SHEPPARD ACT TO CON-
TRACTS AND SUBCONTRACTS FOR MILITARY DINING FACILITY SUP-
PORT SERVICES COVERED BY øJAVITS-WAGNER-O’DAY ACT¿ CHAP-
TER 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 øsection 2 of the Javits-Wagner-O’Day Act
(41 U.S.C. 47)¿ section 8503 of title 41, United States Code.
(2) INAPPLICABILITY OF øTHE JAVITS-WAGNER-O’DAY ACT¿
CHAPTER 85 OF TITLE 41, UNITED STATES CODE, TO CONTRACTS
FOR THE OPERATION OF A MILITARY DINING FACILITY.—(A) øThe
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 con-
tract 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 facil-
ity.
(B) øThe 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 op-
eration of a military dining facility.
§ 8501 note (National Defense Authorization Act for Fiscal
Year 2006, § 848(b))
SEC. 848. STATEMENT OF POLICY AND REPORT RELATING TO CON-
TRACTING WITH EMPLOYERS OF PERSONS WITH DISABIL-
ITIES.
(b) STATEMENT OF POLICY.—The Secretary of Defense, the Sec-
retary of Education, and the Chairman of the Committee for Pur-
chase From People Who Are Blind or Severely Disabled shall joint-
ly issue a statement of policy related to the implementation of the
Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and øthe 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 Depart-
ment of Education. The joint statement of policy shall specifically
address the application of øthose 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
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positions acceptable to persons representing programs implemented
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150
under øeach Act¿ the Randolph-Sheppard Act or chapter 85 of title
41, United States Code.
TITLE 42—THE PUBLIC HEALTH AND
WELFARE
§ 238m(b)(1) (Public Health Service Act, § 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 en-
tered into without regard to øsection 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.
§ 242k(f) (Public Health Service Act, § 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 pur-
pose 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 Depart-
ments of Commerce and Labor and any other interested Federal
departments or agencies and with State and local health depart-
ments and agencies. For such purpose he shall utilize insofar as
possible the services or facilities of any agency of the Federal Gov-
ernment and, without regard to øsection 3709 of the Revised Stat-
utes (41 U.S.C. 5)¿ section 6101 of title 41, United States Code, of
any appropriate State or other public agency, and may, without re-
gard to such section, utilize the services or facilities of any private
agency, organization, group, or individual, in accordance with writ-
ten agreements between the head of such agency, organization, or
group and the Secretary or between such individual and the Sec-
retary. Payment, if any, for such services or facilities shall be made
in such amounts as may be provided in such agreement.
§ 242m(f) (Public Health Service Act, § 308(f))
SEC. 308. (a)(1) Not later than March 15 of each year, the Sec-
retary shall submit to the President and Congress the following re-
ports:
* * * * * * *
(f) Contracts may be entered into under section 304 or 306 with-
out regard to section 3324 of title 31 and øsection 3709 of the Re-
vised Statutes (41 U.S.C. 5)¿ section 6101 of title 41, United States
ctelli on DSK11ZRN23PROD with REPORTS
Code.
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151
§ 247d–6a(b) (Public Health Service Act, § 319F–1(b))
SEC. 319F–1. AUTHORITY FOR USE OF CERTAIN PROCEDURES RE-
GARDING 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 Sec-
retary) in performing, administering, or supporting quali-
fied 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 øsection 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 ap-
plicable pursuant to øsection 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 administra-
tion, with respect to such procurement, of—
(i) øsection 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) øsection 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.—Notwith-
standing 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 sub-
paragraph (A):
* * * * * * *
(ii) øSubsections (a) and (b) of section 7 of the Anti-
Kickback Act of 1986 (41 U.S.C. 57(a) and (b))¿ Sec-
tion 8703(a) of title 41, United States Code.
(iii) øSection 304C of the Federal Property and Ad-
ministrative 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) øSubsection (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
ctelli on DSK11ZRN23PROD with REPORTS
øsection 303(c)(1) of title III of the Federal Property and
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152
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 sub-
section, the phrase ‘‘available from only one responsible
source’’ in øsuch section 303(c)(1)¿ such section 3304(a)(1)
shall be deemed to mean ‘‘available from only one respon-
sible 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 øsuch
section 303(c)(1)¿ such section 3304(a)(1) (including re-
quirements that offers be solicited from as many potential
sources as is practicable under the circumstances, that re-
quired 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 respon-
sible source or only from a limited number of responsible
sources and no other type of property or services will sat-
isfy the needs of the agency.
(3) INCREASED MICROPURCHASE THRESHOLD.—
(A) IN GENERAL.—For a procurement described by para-
graph (1), the amount specified in øsubsections (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 pro-
curement.
§ 247d–6b(c)(7)(B) (Public Health Service Act, § 319F–
2(c)(7)(B))
SEC. 319F–2. STRATEGIC NATIONAL STOCKPILE AND SECURITY COUN-
TERMEASURE PROCUREMENTS.
* * * * * * *
(c) ADDITIONAL AUTHORITY REGARDING PROCUREMENT OF CER-
TAIN 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
ctelli on DSK11ZRN23PROD with REPORTS
specified period of time, not to exceed the term of
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153
the contract, on the condition that the vendor is
able to satisfy the needs of the Government. Dur-
ing the agreed period of sales exclusivity, the ven-
dor 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 øsection 303(c)(1)
of the Federal Property and Administrative Serv-
ices 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 PROCE-
DURES.—
(I) IN GENERAL.—If the Secretary determines
that there is a pressing need for a procurement of
a specific countermeasure, the amount of the pro-
curement under this subsection shall be deemed
to be below the threshold amount specified in
øsection 4(11) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403(11))¿ section 134 of
title 41, United States Code, for purposes of appli-
cation to such procurement, pursuant to øsection
302A(a) of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 252a(a))¿ sec-
tion 3101(b)(1)(A) of title 41, United States Code
of—
(aa) øsection 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) øsection 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 reg-
ulations.
(II) APPLICATION OF CERTAIN PROVISIONS.—Not-
withstanding subclause (I) and the provision of
law and regulations referred to in such clause,
each of the following provisions shall apply to pro-
curements described in this clause to the same ex-
tent that such provisions would apply to such pro-
curements in the absence of subclause (I):
* * * * * * *
(bb) øSubsections (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) øSection 304C of the Federal Property
and Administrative Services Act of 1949 (41
ctelli on DSK11ZRN23PROD with REPORTS
U.S.C. 254d)¿ Section 4706 of title 41, United
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154
States Code (relating to the examination of
contractor records).
* * * * * * *
(ee) øSubsection (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 con-
tingent fees to middlemen).
* * * * * * *
(iv) PROCEDURES OTHER THAN FULL AND OPEN COM-
PETITION.—
(I) IN GENERAL.—In using the authority pro-
vided in øsection 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 procure-
ment under this subsection, the phrase ‘‘available
from only one responsible source’’ in øsuch 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 respon-
sible sources’’.
* * * * * * *
(III) APPLICABLE GOVERNMENT-WIDE REGULA-
TIONS.—The Secretary shall implement this clause
in accordance with government-wide regulations
implementing øsuch 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 procure-
ments for which an agency has authority to use
procedures other than competitive procedures
when the property or services needed by the agen-
cy 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 pro-
curement under this subsection, the Secretary may ex-
clude a source that has not responded to a request for
information under øsection 303A(a)(1)(B) of the Fed-
eral 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 no-
ctelli on DSK11ZRN23PROD with REPORTS
tice that the Secretary may so exclude such a source.
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155
§ 247d–7e(c)(5) (Public Health Service Act, § 319L(c)(5))
SEC. 319L. BIOMEDICAL ADVANCED RESEARCH AND DEVELOPMENT
AUTHORITY.
* * * * * * *
(c) BIOMEDICAL ADVANCED RESEARCH AND DEVELOPMENT AU-
THORITY.—
* * * * * * *
(5) TRANSACTION AUTHORITIES.—
* * * * * * *
(C) ADVANCE PAYMENTS; ADVERTISING.—The Secretary
may waive the requirements of section 3324(a) of title 31,
United States Code, or øsection 3709 of the Revised Stat-
utes 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 counter-
measures or products under this section.
* * * * * * *
(F) ESTABLISHMENT OF RESEARCH CENTERS.—The Sec-
retary may assess the feasibility and appropriateness of
establishing, through contract, grant, cooperative agree-
ment, or other transaction, an arrangement with an exist-
ing research center in order to achieve the goals of this
section. If such an agreement is not feasible and appro-
priate, the Secretary may establish one or more federally
funded research and development centers, or university-af-
filiated research centers, in accordance with øsection
303(c)(3) of the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253(c)(3))¿ section 3304(a)(3) of
title 41, United States Code.
§ 285a–2(b)(8) (Public Health Service Act, § 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 ap-
propriate 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 knowl-
edge 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 inter-
nationally.
* * * * * * *
(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
ctelli on DSK11ZRN23PROD with REPORTS
øsection 3709 of the Revised Statutes (41 U.S.C. 5)¿ section
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156
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
§ 285b–3(b)(3) (Public Health Service Act, § 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 øsection 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;
§ 285n(b)(9) (Public Health Service Act, § 464H(b)(9))
SEC. 464H. (a) IN GENERAL.—The general purpose of the Na-
tional 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, re-
search 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
øsections 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
§ 289c(2) (Public Health Service Act, § 494(2))
SEC. 494. If the Secretary determines, after consultation with the
Director of NIH, the Commissioner of the Food and Drug Adminis-
tration, or the Director of the Centers for Disease Control and Pre-
vention, that a disease or disorder constitutes a public health emer-
gency, the Secretary, acting through the Director of NIH—
* * * * * * *
(2) shall exercise the authority in øsection 3709 of the Re-
vised Statutes (41 U.S.C. 5)¿ section 6101 of title 41, United
States Code, respecting public exigencies to waive the adver-
tising requirements of such section in the case of proposals for
ctelli on DSK11ZRN23PROD with REPORTS
contracts for such research;
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157
§ 289e(a) (Public Health Service Act, § 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 øsection 3709 of the Revised Stat-
utes (41 U.S.C. 5)¿ section 6101 of title 41, United States Code.
§ 290aa–3 (Public Health Service Act, § 504)
SEC. 504. PEER REVIEW.
(a) IN GENERAL.—The Secretary, after consultation with the Ad-
ministrator, shall require appropriate peer review of grants, cooper-
ative agreements, and contracts to be administered through the
agency which exceed the simple acquisition threshold as defined in
øsection 4(11) of the Office of Federal Procurement Policy Act¿ sec-
tion 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 øsection
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—
§ 294q(f)(3) (Patient Protection and Affordable Care Act,
§ 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 Com-
mission, 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 øsection 3709 of the Revised Statutes (41
U.S.C. 5)¿ section 6101 of title 41, United States Code);
§ 299c–4(d) (Public Health Service Act, § 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 with-
out regard to øsections 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
ctelli on DSK11ZRN23PROD with REPORTS
Code.
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158
§ 300c–22(d) (Public Health Service Act, § 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 cen-
ters to separate and make available for distribution blood compo-
nents 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 øsections 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.
§ 300u(c) (Public Health Service Act, § 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 sub-
mitted 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 øsections 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.
§ 300cc–41(a)(6) (Public Health Service Act, § 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 øsection 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 ac-
quired immune deficiency syndrome.
§ 1395b–6(d)(3) (Social Security Act, § 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 as-
sure the efficient administration of the Commission, the Commis-
sion may—
ctelli on DSK11ZRN23PROD with REPORTS
* * * * * * *
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159
(3) enter into contracts or make other arrangements, as may
be necessary for the conduct of the work of the Commission
(without regard to øsection 3709 of the Revised Statutes (41
U.S.C. 5)¿ section 6101 of title 41, United States Code);
§ 395w–111(g)(1)(B)(iii) (Social Security Act, § 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 proce-
dures (as defined in øsection 4(5) of the Office of Fed-
eral 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 provi-
sions 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.
§ 1395cc–2(b)(4)(B) (Social Security Act, § 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 Sec-
retary may enter or renew a contract under this subsection
with an entity described in paragraph (3)(A) without re-
gard to the requirements of øsection 5¿ section 6101 of title
41, United States Code.
§ 1395kk–1(b)(1)(B) (Social Security Act, § 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
øsection 5¿ section 6101 of title 41 or any other provision
of law requiring competition, if the medicare administra-
tive contractor has met or exceeded the performance re-
ctelli on DSK11ZRN23PROD with REPORTS
quirements applicable with respect to the contract and
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160
contractor, except that the Secretary shall provide for the
application of competitive procedures under such a con-
tract not less frequently than once every 5 years.
§ 1395aaa(a)(4) (Social Security Act, § 1890(a)(4))
SEC. 1890. (a) CONTRACT.—
* * * * * * *
(4) COMPETITIVE PROCEDURES.—Competitive procedures (as
defined in øsection 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 para-
graph (1).
§ 1396(d)(3) (Social Security Act, § 1900(d)(3))
SEC. 1900. (a) ESTABLISHMENT.—There is hereby established the
Medicaid and CHIP Payment and Access Commission (in this sec-
tion 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 øsection 3709 of the Revised Statutes (41 U.S.C. 5)¿
section 6101 of title 41, United States Code);
§ 1396a(a)(4)(D) (Social Security Act, § 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 per-
sonnel 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 ac-
cordance with such methods, and including provision for utili-
zation 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 train-
ing and effective use of paid subprofessional staff, with par-
ticular emphasis on the full-time or part-time employment of
recipients and other persons of low income, as community serv-
ice aides, in the administration of the plan and for the use of
nonpaid or partially paid volunteers in a social service volun-
teer 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 in-
dividual who formerly was such an officer, employee, or con-
ctelli on DSK11ZRN23PROD with REPORTS
tractor, and each partner of such an officer, employee, or con-
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161
tractor 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 Gov-
ernment, by an officer or employee of the United States Gov-
ernment, an individual who was such an officer or employee,
or a partner of such an officer or employee is prohibited by sec-
tion 207 or 208 of title 18, and (D) that each State or local offi-
cer, 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 safe-
guards that apply under øsection 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 øsubsection (a)(2)
of such section of that Act¿ section 2102(a)(3) of such title;
§ 1396u–2(d)(3) (Social Security Act, § 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 safe-
guards 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 øsection 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 com-
parable responsibilities with respect to such contracts.
§ 1480(a) (Housing Act of 1949, § 510(a))
SEC. 510. In carrying out the provisions of this title, the Sec-
retary shall have the power to—
(a) make contracts for services and supplies without regard to
the provisions of øsection 3709 of the Revised Statutes, as amend-
ed¿ section 6101 of title 41, United States Code, when the aggregate
amount involved is less than $300;
§ 1592a(b) (Defense Housing and Community Facilities and
Services Act of 1951, § 302(b))
SEC. 302. (a) Consistent with other requirements of national de-
fense, any permanent housing constructed pursuant to the author-
ity of this title shall consist of one to four-family dwelling struc-
tures (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
ctelli on DSK11ZRN23PROD with REPORTS
persons engaged in national defense activities. All dwelling struc-
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162
tures 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 prospec-
tive 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 perma-
nent construction in any housing project which are designed for oc-
cupancy 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 coopera-
tive basis (provided that any such group shall accept as a member
of its organization, on the same terms, subject to the same condi-
tions, and with the same privileges and responsibilities, required
of, and extended to, other members of the group any tenant occu-
pying a dwelling unit in such project, at any time during such pe-
riod 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 con-
taining 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 ex-
isting housing built or acquired by the United States under author-
ity of any other law shall be provided. Any temporary housing con-
structed or acquired under this title which the Secretary of Hous-
ing 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
øthe 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 adver-
tising, except that if one or more of such bidders is a veteran pur-
chasing 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
ctelli on DSK11ZRN23PROD with REPORTS
Development may reject any bid for less than two-thirds of the ap-
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163
praised 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 reso-
lution approving use of such structures on the site.
§ 1592d(a) (Defense Housing and Community Facilities and
Services Act of 1951, § 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 Devel-
opment is authorized by contract or otherwise (without regard to
øsection 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) * * *
* * * * * * *
§ 1592h(a) (Defense Housing and Community Facilities and
Services Act of 1951, § 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 øsec-
tion 3709 of the Revised Statutes¿ section 6101 of title 41, United
States Code;
§ 1792(a) (Federal Food Donation Act of 2008, § 4(a))
SEC. 4. PROMOTING FEDERAL FOOD DONATION.
(a) IN GENERAL.—Not later than 180 days after the date of enact-
ment of this Act, the Federal Acquisition Regulation issued in ac-
cordance with øsection 25 of the Office of Federal Procurement Pol-
icy 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—
§ 1870(c) (National Science Foundation Act of 1950, § 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 sci-
ctelli on DSK11ZRN23PROD with REPORTS
entific or engineering activities as the Foundation deems necessary
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164
to carry out the purposes of this Act, and, at the request of the Sec-
retary of State or Secretary of Defense, specific scientific or engi-
neering activities in connection with matters relating to inter-
national cooperation or national security, and, when deemed appro-
priate by the Foundation, such contracts or other arrangements, or
modifications thereof may be entered into without legal consider-
ation, without performance or other bonds, and without regard to
øsection 3709 of the Revised Statutes¿ section 6101 of title 41,
United States Code;
§ 2051(c) (Atomic Energy Act of 1954, § 31 c.)
SEC. 31. RESEARCH ASSISTANCE.—
* * * * * * *
c. The Commission may (1) make arrangements pursuant to this
section, without regard to the provisions of øsection 3709 of the Re-
vised Statutes, as amended¿ secion 6101 of title 41, United States
Code, upon certification by the Commission that such action is nec-
essary 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 ar-
rangements; and (3) make available for use in connection therewith
such of its equipment and facilities as it may deem desirable.
§ 2061(b) (Atomic Energy Act of 1954, § 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 au-
thorized 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 con-
tractor 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 de-
velopment 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 Com-
mission; 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 em-
ployees 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 øsec-
tion 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
ctelli on DSK11ZRN23PROD with REPORTS
security, or upon a showing by the Commission that advertising is
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165
not reasonably practicable. Partial and advance payments may be
made under such contracts.
§ 2063 (Atomic Energy Act of 1954, § 43)
SEC. 43. ACQUISITION OF PRODUCTION FACILITIES.—The Commis-
sion is authorized to purchase any interest in facilities for the pro-
duction of special nuclear materials, or in real property on which
such facilities are located, without regard to the provisions of øsec-
tion 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 fur-
ther 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.
§ 2075 (Atomic Energy Act of 1954, § 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 nu-
clear material or any interest therein. Any contract of purchase
made under this section may be made without regard to the provi-
sions of øsection 3709 of the Revised Statutes, as amended¿ section
6101 of title 41, United States Code, upon certification by the Com-
mission 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 pay-
ments may be made under contracts for such purposes. Just com-
pensation shall be made for any right, property, or interest in prop-
erty taken, requisitioned, or condemned under this section: Pro-
viding, 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.
§ 2096 (Atomic Energy Act of 1954, § 66)
SEC. 66. ACQUISITION.—The Commission is authorized and di-
rected, to the extent it deems necessary to effectuate the provisions
of this Act—
* * * * * * *
Any purchase made under this section may be made without re-
gard to the provisions of øsection 3709 of the Revised Statutes, as
amended¿ section 6101 of title 41, United States Code, upon certifi-
cation by the Commission that such action is necessary in the in-
terest of the common defense and security, or upon a showing by
the Commission that advertising is not reasonably practicable. Par-
tial and advanced payments may be made under contracts for such
purposes. The Commission may establish guaranteed prices for all
ctelli on DSK11ZRN23PROD with REPORTS
source material delivered to it within a specified time. Just com-
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166
pensation shall be made for any right, property, or interest in prop-
erty taken, requisitioned, condemned, or otherwise acquired under
this section.
§ 2201(j) (Atomic Energy Act of 1954, § 161 j.)
SEC. 161. GENERAL PROVISIONS.—In the performance of its func-
tions the Commission is authorized to—
* * * * * * *
j. without regard to the provisions of øthe 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 prop-
erty, the special disposition of which is, in the opinion of the Com-
mission, 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;
§ 2210(g) (Atomic Energy Act of 1954, § 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 ap-
propriate, shall use, to the maximum extent practicable, the facili-
ties and services of private insurance organizations, and the Com-
mission or the Secretary, as appropriate, may contract to pay a rea-
sonable compensation for such services. Any contract made under
the provisions of this subsection may be made without regard to
the provisions of øsection 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.
§ 2295(e) (EURATOM Cooperation Act of 1958, § 6(e))
SEC. 6. (a) The Atomic Energy Commission is authorized to pur-
chase 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 nei-
ther plutonium nor uranium 233 nor any interest therein shall be
acquired under this section in excess of the total quantities author-
ized by law. The Commission is authorized to acquire from the
Community pursuant to this section up to four thousand one hun-
dred kilograms of plutonium for use only for peaceful purposes.
* * * * * * *
(e) Any contract made under this section may be made without
regard to øsection 3709 of the Revised Statutes, as amended¿ sec-
tion 6101 of title 41, United States Code, upon certification by the
ctelli on DSK11ZRN23PROD with REPORTS
Commission that such action is necessary in the interest of the
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167
common defense and security, or upon a showing by the Commis-
sion that advertising is not reasonably practicable.
§ 2310 (Atomic Energy Community Act of 1955, § 116)
SEC. 116. REPOSSESSION.—The Commission is authorized to re-
possess 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: Pro-
vided further, That øsection 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.
§ 2349 (Atomic Energy Community Act of 1955, § 120)
SEC. 120. DISPOSAL OF PROPERTY.—In addition to any other au-
thority the Commission may have, the Commission is authorized,
without regard to the provisions of øsection 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 Commis-
sion that such disposition will serve to prevent or reduce the ad-
verse economic impact of actual or anticipated reductions in Com-
mission programs in that area: Provided, however, That the com-
pensation 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 sub-
mitted 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.
§ 2362(d) (Atomic Energy Community Act of 1955, § 62(d))
SEC. 62. COMMISSION FINANCING.—
ctelli on DSK11ZRN23PROD with REPORTS
* * * * * * *
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168
d. The Commission may sell any notes and mortgages acquired
under subsections a. and c. of this section on terms set by the Com-
mission. Notwithstanding any other provisions of law and without
regard to the øprovisions of section 3709 of the Revised Statutes¿
provisions of section 6101 of title 41, United States Code, the Com-
mission 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 øcomply 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.
§ 3211(c) (Public Works and Economic Development Act of
1965, § 601(c))
SEC. 601. POWERS OF SECRETARY.
* * * * * * *
(c) INAPPLICABILITY OF CERTAIN OTHER REQUIREMENTS.—øSec-
tion 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 haz-
ard insurance or to any purchase or contract for services or sup-
plies on account of property obtained by the Secretary as a result
of assistance provided under this Act if the premium for the insur-
ance or the amount of the services or supplies does not exceed
$1,000.
§ 3535(i)(1) (Department of Housing and Urban Development
Act, § 7(i)(1))
SEC. 7. (a) The personnel employed in connection with, and the
assets, liabilities, contracts, property, records, and unexpended bal-
ances 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 au-
thorized to—
(1) foreclose on any property or commence any action to pro-
tect or enforce any right conferred upon him by any law, con-
tract, 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 pro-
vision of law relating to the acquisition, handling, or disposal
of real property by the United States, complete, administer, re-
model 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
ctelli on DSK11ZRN23PROD with REPORTS
thereof of its civil or criminal jurisdiction in and over such
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169
property or impair the civil rights under the State or local laws
of the inhabitants on such property: Provided further, That
øsection 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;
§ 4081(b) (National Flood Insurance Act of 1968, § 1345(b))
SEC. 1345. (a) In administering the flood insurance program
under this chapter, the Director is authorized to enter into any con-
tracts, 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 øsection 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 com-
petitive bidding and without regard to the provisions of the Federal
Advisory Committee Act (5 U.S.C. App.).
§ 4082(c) (National Flood Insurance Act of 1968, § 1346(c))
SEC. 1346. (a) In order to provide for maximum efficiency in the
administration of the flood insurance program and in order to fa-
cilitate 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 perform-
ance by such pool, company, or organization of any or all of the fol-
lowing responsibilities:
* * * * * * *
(c) Any contract entered into under subsection (a) may be entered
into without regard to øsection 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.
§ 4101(b) (National Flood Insurance Act of 1968, § 1360(b))
SEC. 1360. (a) The Director is authorized to consult with, receive
information from, and enter into any agreements or other arrange-
ments 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 con-
tracts 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
ctelli on DSK11ZRN23PROD with REPORTS
of hazard within each such zone at the earliest possible date. To
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170
accomplish this objective, the Director is authorized, without re-
gard to subsections (a) and (b) of section 3324 of title 31, United
States Code, and øsection 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 ad-
vance or progress payments in connection therewith.
§ 4361c note (Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agen-
cies Appropriations Act, 2003, div. K, title III, pro-
viso under heading ‘‘SCIENCE AND TECHNOLOGY’’
under heading ‘‘ENVIRONMENTAL PROTECTION
AGENCY’’)
Provided, That the Office of Research and Development of the En-
vironmental Protection Agency may hereafter contract directly with
individuals or indirectly with institutions or nonprofit organiza-
tions, without regard to ø41 U.S.C. 5¿ section 6101, United States
Code, for the temporary or intermittent personal services of stu-
dents 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 pur-
poses.
§ 4372(e) (Environmental Quality Improvement Act of 1970,
§ 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 with-
out regard to øsections 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 car-
rying out his functions.
§ 4638 (Uniform Relocation Assistance and Real Property Ac-
quisition Policies Act of 1970, § 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 øthe 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 deter-
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mines necessary to protect the interests of the United States and
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171
may be made without monetary consideration, except that such
State agency shall pay to the United States all net amounts re-
ceived by such agency from any sale, lease, or other disposition of
such property for such housing.
§ 5196(k) (Robert T. Stafford Disaster Relief and Emergency
Assistance Act, § 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 mate-
rials and facilities found by the Administrator to be unnecessary or
unsuitable for emergency preparedness purposes in the same man-
ner as provided for excess property under øthe 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 pro-
ceeds from the sale or other disposition of such materials and facili-
ties shall be deposited into the Treasury as miscellaneous receipts.
§ 5206(a) (Disaster Mitigation Act of 2000, § 306(a))
SEC. 306. BUY AMERICAN.
(a) COMPLIANCE WITH øBUY AMERICAN ACT¿ CHAPTER 83 OF
TITLE 41, UNITED STATES CODE.—No funds authorized to be appro-
priated 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 øthe Buy American Act¿ chapter 83 of title 41,
United States Code.
§ 5403(a)(2)(B) (National Manufactured Housing Construc-
tion and Safety Standards Act of 1974,
§ 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 ex-
piration of the 4-year period beginning on the date on
which all members of the consensus committee are ap-
pointed under paragraph (3), the Secretary shall, using
competitive procedures (as such term is defined in øsection
4 of the Office of Federal Procurement Policy Act¿ section
132 of title 41, United States Code), enter into a competi-
tively awarded contract with an administering organiza-
tion. 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
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title.
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172
§ 5903 note (Public Law 95–39, § 111(b))
SEC. 111. (a) The Administrator shall classify each recipient of
any award, contract, or other financial arrangement in any non-
nuclear 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 arrange-
ment made, shall be included as an appendix to the annual report
required by section 15(a) of the Federal Nonnuclear Energy Re-
search and Development Act of 1974 (42 U.S.C. 5914): Provided,
That small purchases or contracts of less than ø$10,000¿ $25,000
ø,which are excepted from the requirements of advertising by sec-
tion 252(c)(3) of title 41, United States Code,¿ shall be exempt from
the reporting requirements of this section.
§ 6616(c)(3) (Presidential Science and Technology Advisory
Organization Act of 1976, § 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 pri-
vate 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 øsection 3709 of the Revised Stat-
utes (41 U.S.C. 5)¿ section 6101 of title 41, United States Code.
§ 6834 note (Energy Independence and Security Act of 2007,
§ 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 Fed-
eral Acquisition Regulation shall be revised to require Federal offi-
cers and employees to comply with this section and the amend-
ments made by this section in the acquisition, construction, or
major renovation of any facility. The members of the Federal Ac-
quisition Regulatory Council (established under øsection 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 regula-
tions to carry out this subsection.
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173
§ 7135 note (Department of the Interior and Related Agen-
cies Appropriations Act, 1996, title II, first proviso
in paragraph under heading ‘‘ENERGY INFORMATION
ADMINISTRATION’’ under heading ‘‘DEPARTMENT
OF ENERGY’’)
Provided, That notwithstanding øsection 4(d) of the Service Con-
tract 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 appro-
priated 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 pro-
vision of law, hereafter the Manufacturing Energy Consumption
Survey shall be conducted on a triennial basis.
§ 7152 note (Alaska Power Administration Asset Sale and
Termination Act, § 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
øthe 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).
§ 7403(b)(4) (Clean Air Act, § 103(b)(4))
SEC. 103. (a) The Administrator shall establish a national re-
search 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 øsec-
tions 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;
§ 7404(a)(2)(D)) (Clean Air Act, § 104(a)(2)(D))
SEC. 104. (a) The Administrator shall give special emphasis to re-
search and development into new and improved methods, having
industry-wide application, for the prevention and control of air pol-
lution 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 con-
tracts 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,
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new or improved devices or methods having industrywide ap-
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174
plication 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 com-
bustion 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 øsections 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 demonstra-
tion 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;
§ 7412(r)(6)(N) (Clean Air Act, § 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 with-
out regard to øsection 5¿ section 6101 of title 41 of the
United States Code to enter into contracts, leases, coopera-
tive 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.
§ 8287 (National Energy Conservation Policy Act, § 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 meas-
ures, 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 con-
tract.
(2)(A) Contracts under this title shall be energy savings perform-
ance contracts and shall require an annual energy audit and speci-
fy the terms and conditions of any Government payments and per-
formance guarantees. Any such performance guarantee shall pro-
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vide that the contractor is responsible for maintenance and repair
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175
services for any energy related equipment, including computer soft-
ware 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 Ac-
quisition Regulation promulgated under øsection 25 of the Of-
fice of Federal Procurement Policy Act (41 U.S.C. 421)¿ section
1303 of title 41, United States Code, or the applicable rules pro-
mulgated under this title.
* * * * * * *
(b) IMPLEMENTATION.—(1)(A) The Secretary, with the concurrence
of the Federal Acquisition Regulatory Council established under
øsection 25(a) of the Office of Federal Procurement Policy Act¿ sec-
tion 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 meth-
ods, 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 sub-
stitute regulations consistent with laws governing Federal procure-
ment.
* * * * * * *
(c) TASK OR DELIVERY ORDERS.—(1) The head of a Federal agency
may issue a task or delivery order under an energy savings per-
formance 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 require-
ments in section 2304c(d) of title 10, United States Code, and øsec-
tion 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.
§ 9619(c)(3) (Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980, § 119(c)(3))
SEC. 119. RESPONSE ACTION CONTRACTORS.
* * * * * * *
(c) INDEMNIFICATION.—
* * * * * * *
(3) SOURCE OF FUNDING.—This subsection shall not be sub-
ject to section 1301 or 1341 of title 31 of the United States
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Code or øsection 3732 of the Revised Statutes (41 U.S.C. 11)¿
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176
section 6301(a) and (b) of title 41 of the United States Code. or
to section 3 of the Superfund Amendments and Reauthoriza-
tion Act of 1986. For purposes of section 111, amounts ex-
pended 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 in-
demnification or if the Fund is repealed, there are authorized
to be appropriated such amounts as may be necessary to make
such payments.
§ 10301 note (Public Law 95—84, §1A2(a))
SEC. 2. (a) The Secretary of the Interior is authorized and di-
rected to demonstrate the engineering and economic viability of
membrane and phase-change desalting processes. Such demonstra-
tions 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 Mar-
iana Islands, and the Trust Territory of the Pacific Islands): Pro-
vided, That at least two such plants shall demonstrate desalting of
brackish ground water: And provided further,. That the plants con-
structed pursuant to this section shall be for the purpose of show-
ing that the technology being demonstrated is ready for applica-
tion; such plants shall be sufficient to demonstrate the specific ap-
plication of the technology, and shall be significantly different in
operation and process so as not to duplicate any other demonstra-
tion 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 author-
ized by ø41 U.S.C. 504 et seq. (the Federal Grant and Cooperative
Agreement Act of 1977; Public Law 95–224)¿ chapter 6301 of title
31, United States Code.) with duly authorized non-Federal public
entities. Title to demonstration facilities constructed by the non-
Federal public entity under a cooperative agreement shall vest in
the non-Federal public entity.
§ 10303(h)(1)(C) (Water Resources Research Act of 1984,
§1A104(h)(1)(C))
SEC. 104. (a) Subject to the approval of the Secretary of the Inte-
rior (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 Fed-
erated States of nesia) at a college or university which was estab-
lished 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
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benefit of agriculture and the mechanic arts’’ or at some other in-
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177
stitution designated by act of the legislature of the State concerned.
If there is more than one such college or university in a State es-
tablished 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 insti-
tute or regional institute, in which event the sums otherwise allo-
cated 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 øsection 3709 of
the Revised Statutes (41 U.S.C. 5)¿ section 6101 of title 41,
United States Code;.
§ 12114(c)(3) (Americans with Disabilities Act of 1990,
§ 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 øthe Drug-Free Workplace
Act of 1988 (41 U.S.C. 701 et seq.)¿ chapter 81 of title 41,
United States Code;
§ 12501 note (National and Community Service Trust Act of
1993, § 501)
SEC. 501. COMPLIANCE WITH øBUY 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 un-
less the entity agrees that in expending the assistance the entity
will comply with øsections 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.
§ 12644 (National and Community Service Trust Act of 1990,
§ 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 Recipi-
ents under øsections 5153 through 5158 of the Anti-Drug Abuse
Act of 1988 (41 U.S.C. 702–707)¿ sections 8101 and 8103 through
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8106 of title 41, United States Code.
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178
§ 12651g(b) (National and Community Service Act of 1990,
§ 196(b))
SEC. 196. ADMINISTRATION.
* * * * * * *
(b) CONTRACTS.—Subject to the øFederal Property and Adminis-
trative Services Act of 1949¿ provisions of sections 171(b) and (c)
of title 41, United States Code, the Corporation may enter into con-
tracts, 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.
§ 12701 notes (Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agen-
cies Appropriations Act, 2000, § § 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 per-
sons for services, without regard to øsection 3709 of the Re-
vised Statutes (41 U.S.C. 5)¿ section 6101 of title 41, United
States Code.
* * * * * * *
SEC. 525. COMMISSION ON AFFORDABLE HOUSING AND HEALTH FA-
CILITY NEEDS FOR SENIORS IN THE 21ST CENTURY.
* * * * * * *
(e) POWERS.—
* * * * * * *
(7) CONTRACT AUTHORITY.—The Commission may contract
with and compensate Government and private agencies or per-
sons for services, without regard to øsection 3709 of the Re-
vised Statutes (41 U.S.C. 5)¿ section 6101 of title 41, United
States Code.
§ 13556(a) (Energy Policy Act of 1992, § 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 sub-
contracts by each agency under this Act and amendments made by
this Act pursuant to competitive procedures within the meaning of
either the øFederal 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
ctelli on DSK11ZRN23PROD with REPORTS
States Code, shall be expended either with—
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179
§ 16392(e)(3)(C) (Energy Policy Act of 2005, § 1002(e)(3)(C))
SEC. 1002. TECHNOLOGY INFRASTRUCTURE PROGRAM.
* * * * * * *
(e) PROGRAM REQUIREMENTS.—
* * * * * * *
(3) COST SHARING.—
* * * * * * *
(C) RESEARCH AND DEVELOPMENT EXPENSES.—Inde-
pendent research and development expenses of Govern-
ment contractors that qualify for reimbursement under
section 31.205–18(e) of title 48, Code of Federal Regula-
tions, issued pursuant to øsection 25(c)(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 421(c)(1)))¿ sec-
tion 1303(a)(1) of title 41, United States Code, may be cred-
ited towards costs paid by non-Federal sources to a project,
if the expenses meet the other requirements of this sec-
tion.
§ 17013(j)(3) (Energy Independence and Security Act of 2007,
§ 136(j)(3))
SEC. 136. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING IN-
CENTIVE 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 ad-
ministrative personnel as the Secretary deems necessary to the dis-
charge 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 øsection 31 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 427)¿ section 1901 of title 41, United
States Code.
§ 17091(c) (Energy Independence and Security Act of 2007,
§ 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 de-
scribed in øsection 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 offi-
cers and employees to comply with this section in leasing
buildings.
(2) CONSULTATION.—The members of the Federal Acquisition
Regulatory Council established under øsection 25 of the Office
of Federal Procurement Policy Act (41 U.S.C. 421)¿ section
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1302(a) of title 41, United States Code, shall consult with the
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180
Federal Director and the Commercial Director before promul-
gating regulations to carry out this subsection.
§ 18054(a)(1) (Patient Protection and Affordable Care Act,
§ 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 na-
tionally licensed service mark), without regard to øsection 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
§ 50d (Department of the Interior and Related Agencies
Appropriations Act, 2000, div. B, § 1000(a)(3) øtitle I¿, last proviso
in paragraph under heading ‘‘ADMINISTRATIVE PROVISIONS’’ under
heading ‘‘UNITED STATES GEOLOGICAL SURVEY’’)
Provided, That the United States Geological Survey may here-
after contract directly with individuals or indirectly with institu-
tions or nonprofit organizations, without regard to ø41 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, re-
lating to tort claims, but shall not be considered to be Federal em-
ployees for any other purposes.
§ 1451 note (Department of the Interior and Related Agen-
cies Appropriations Act, 2000, div. B, § 1000(a)(3)
øtitle I, § 115¿)
SEC. 115. Notwithstanding any other provision of law, in fiscal
year 2000 and thereafter, the Secretary is authorized to permit per-
sons, firms or organizations engaged in commercial, cultural, edu-
cational, 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 dele-
gated to the Secretary from the Administrator of General Services
pursuant to the øFederal 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
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equivalent to the prevailing commercial rate for comparable space
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181
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 fur-
ther 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.
§ 1475a (Energy and Water Development Appropriations Act,
1993, § 205)
SEC. 205. Hereafter, the Bureau of Reclamation may invite non-
Federal entities involved in cost sharing arrangements for the de-
velopment 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 ø(1988)¿): Pro-
vided, That such non-Federal participants shall be subject to the
provisions of øthe 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 ø18 U.S.C. 201 et seq.
(1988)¿ chapter 11 of title 18, United States Code.
§ 1611 note (Public Law 94–204, § 12(b)(7)(v))
SEC. 12. (a) The purpose of this section is to provide for the set-
tlement 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, proce-
dures, covenants, reservations, and other restrictions set forth in
the document entitled ‘Terms and Conditions for Land Consolida-
tion 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 du-
ties and obligations of the United States and the Region, as a mat-
ter of Federal law.
* * * * * * *
(7)(i) Until the obligations of the Secretary and the Adminis-
trator 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 Incor-
porated, for bidding on property under this section 12(b)(7).
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There shall be no advertising other than that ordinarily re-
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182
quired by such sale. (b) the Administrator of General Services
may, at the discretion of the Administrator, tender to the Sec-
retary any surplus property otherwise to be disposed of pursu-
ant to 40 U.S.C. 484(e)(3) to be offered Cook Inlet Region, In-
corporated 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 sub-
sections 12(b)(7)(i)(b) or (ii) shall be construed to establish, en-
large or diminish authority of the Administrator or the Sec-
retary 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 lo-
cated and any appropriate state agency, and no such disposi-
tion shall be made if such governing body or state agency,
within ninety days of such notification formally advises the Ad-
ministrator that it objects to the proposed disposition.
* * * * * * *
(v) The amount charged against the Treasury account estab-
lished under subsection 12(b)(7)(iv) for sales or transfers of
property made pursuant to øthe Federal Property and Admin-
istrative Services Act of 1949, 40 U.S.C. sec. 471 et seq.¿ chap-
ter 5 of title 40, United States Code, or any legislative or execu-
tive delegation under øthat Act¿ that chapter, shall be treated
as proceeds of dispositions of surplus property for the purpose
of determining the basis for calculating direct expenses pursu-
ant to ø40 U.S.C. 485(b), as amended¿ 40 U.S.C. 572(a).
§ 1736(a) (Federal Land Policy and Management Act of 1976,
§ 306(a))
SEC. 306. (a) There is hereby established a working capital fund
for the management of the public lands. This fund shall be avail-
able without fiscal year limitation for expenses necessary for fur-
nishing, in accordance with the øFederal Property and Administra-
tive Services Act of 1949 (63 Stat. 377, as amended)¿ provisions of
section 171(b) and (c) of title 41, United States Code, and regula-
tions promulgated thereunder, supplies and equipment services in
support of Bureau programs, including but not limited to, the pur-
chase or construction of storage facilities, equipment yards, and re-
lated improvements and the purchase, lease, or rent of motor vehi-
cles, aircraft, heavy equipment, and fire control and other resource
management equipment within the limitations set forth in appro-
priations made to the Secretary for the Bureau.
TITLE 44—PUBLIC PRINTING AND
DOCUMENTS
The analysis for chapter 3
CHAPTER 3—GOVERMENT PRINTING OFFICE
Sec.
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* * * * * * *
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183
§ 311. Purchases exempt from øsubtitle 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 au-
thority; small purchase threshold.
§ 311
§ 311. Purchases exempt from øsubtitle I of title 40 and divi-
sion 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 ne-
gotiation authority; small purchase threshold.
(a) Purchases may be made from appropriations under the ‘‘Gov-
ernment Printing Office’’ without reference to øsubtitle 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 Govern-
ment.
* * * * * * *
(c) Notwithstanding any other provision of law, øsection 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 ref-
erence to ‘‘$25,000’’ in clause (1) of such section were a reference
to ‘‘$100,000’’.
§ 3501 note (E Government Act of 2002, § 210(i))
SEC. 210. SHARE IN SAVINGS INITIATIVES.
* * * * * * *
(i) DEFINITIONS.—In this section, the terms ‘‘contractor’’, ‘‘sav-
ings’’, and ‘‘share-in-savings contract’’ have the meanings given
those terms in section 317 of the Federal Property and Administra-
tive Services Act of 1949 ø(as added by subsection (b))¿ (41 U.S.C.
note prec. 3901).
TITLE 45—RAILROADS
§ 361(c) (Railroad Unemployment Insurance Act, § 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 un-
employment 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 contribu-
tions are based; (ii) all amounts advanced to the fund by the Sec-
retary of the Treasury pursuant to this section; (iii) all amounts ap-
propriated by subsection (b) of this section; and (iv) such additional
amounts as Congress may appropriate for expenses necessary or in-
cidental to administering this Act. Such additional amounts are au-
thorized to be appropriated.
* * * * * * *
(c) Notwithstanding any other provision of law, all moneys at any
time credited to the fund are permanently appropriated to the
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Board to be continuously available to the Board without further ap-
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184
propriation for any expenses necessary or incidental to admin-
istering this Act, including personal services in the District of Co-
lumbia and elsewhere; travel expenses, including expenses of at-
tendance at meetings when authorized by the Board; actual trans-
portation expenses and not to exceed $10 per diem to cover subsist-
ence 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 serv-
ices, determined necessary by the Board, including but not re-
stricted to accounting, actuarial, statistical, and reporting services,
without regard to øsection 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 com-
pensation of officers and employees of the United States; services;
advertising, postage, telephone, telegraph, teletype, and other com-
munication services and tolls; supplies; reproducing,
photographing, and all other equipment, office appliances, and la-
borsaving 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 nec-
essary, without regard to the provisions of section 192 of the Re-
vised 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 eli-
gible 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 exami-
nations for testing the fitness of applicants for admission to the
classified service for employment by the Board pursuant to the sec-
ond 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 øsection 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 appro-
priation for the administration of the Railroad Retirement Act of
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1974 is properly chargeable with the authorized expenses, or parts
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185
thereof, incurred in the administration of such Act, or of this Act,
shall be binding and conclusive for all purposes and upon all per-
sons, including the Comptroller General and any other administra-
tive or accounting officer, employee, or agent of the United States
and shall not be subject to review in any manner.
§ 1212(b) (Alaska Railroad Transfer Act of 1982, § 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 applica-
ble to granting of rights-of-way under section 609 of this title.
(b) The enactment of this title, actions taken during the transi-
tion 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 øthe 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 Settle-
ment Act (43 U.S.C. 1601 et seq.), the Act of January 2, 1976 (Pub-
lic Law 94–204; 89 Stat. 1145), the Alaska National Interest Lands
Conservation Act (Public Law 96–487; 94 Stat. 2371), and the gen-
eral land and land management laws of the United States.
TITLE 46—SHIPPING
§ 1703(b)(2)
§ 1703. Additional training
* * * * * * *
(b) EQUIPMENT, SUPPLIES, AND CONTRACTS.—The Secretary
may—
* * * * * * *
(2) without regard to øsection 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 super-
vise and administer the additional training.
§ 55305(d)(2)(D)
§ 55305. Cargoes procured, furnished, or financed by the
United States Government
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* * * * * * *
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186
(d) PROGRAMS OF OTHER AGENCIES.—
* * * * * * *
(2) The Secretary—
* * * * * * *
(D) may take other measures as appropriate under the
Federal Acquisition Regulations issued pursuant to øsec-
tion 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
§ 1685 (Interior Department Appropriation Act, 1953, § 108)
SEC. 108. After June 30, 1952, transfers to the Department of the
Interior pursuant to øthe 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 Inte-
rior without reimbursement or transfer of funds when required by
the Interior Department for operations conducted in the adminis-
tration of the Territories and the Trust Territory of the Pacific Is-
lands.
TITLE 49—TRANSPORTATION
Public Law 111–350, § 5(o)(1)
* * * * * * *
SEC. 5. CONFORMING CROSS REFERENCES.
* * * * * * *
(o) TITLE 49.—Title 49, United States Code, is amended as fol-
lows:
(1) In section ø103(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’’.
§ 103(i)
§ 103. Federal Railroad Administration
* * * * * * *
(i) AUTHORITIES.—Subject to the provisions øof 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 per-
form 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 reim-
bursement, as the Secretary may determine to be necessary or ap-
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propriate to carry out functions at the Administration. The author-
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187
ity 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.
§ 1113(b)(1)(B)
§ 1113. Administrative
* * * * * * *
(b) ADDITIONAL POWERS.—(1) The Board may—
* * * * * * *
(B) make agreements and other transactions necessary to
carry out this chapter without regard to øsection 6101(b) to
(d)¿ section 6101 of title 41;
§ 5101 note (Hazardous Materials Transportation Authoriza-
tion Act of 1994, § 123(a))
SEC. 123. BUY AMERICA.
(a) COMPLIANCE WITH øBUY AMERICAN ACT¿ CHAPTER 83 OF
TITLE 41, UNITED STATES CODE.—None of the funds made avail-
able under this title may be expended in violation of øsections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a—10c; popu-
larly known as the ‘‘Buy American Act’’)¿ chapter 83 of title 41,
United States Code, which are applicable to those funds.
§ 10721
§ 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. øSection 6101(b) to (d)¿ Sec-
tion 6101 of title 41 does not apply when transportation for the
United States Government can be obtained from a rail carrier law-
fully operating in the area where the transportation would be pro-
vided.
§ 13712
§ 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. øSection 6101(b) to (d)¿ Sec-
tion 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.
§ 15504
§ 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
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from the applicable commercial rate. øSection 6101(b) to (d)¿ Sec-
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188
tion 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.
§ 24301 note (Amtrak Reform and Accountability Act of 1997,
§ 110(b))
SEC. 110. APPLICATION OF CERTAIN LAWS.
* * * * * * *
(b) APPLICATION OF FEDERAL PROPERTY AND ADMINISTRATIVE
SERVICES ACT.—øSection 303B(m) of the Federal Property and Ad-
ministrative 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.
§ 40110(d)
§ 40110. General procurement authority
* * * * * * *
(d) ACQUISITION MANAGEMENT SYSTEM.—
* * * * * * *
(2) APPLICABILITY OF FEDERAL ACQUISITION LAW.—The fol-
lowing provisions of Federal acquisition law shall not apply to
the new acquisition management system developed and imple-
mented pursuant to paragraph (1):
(A) øDivision 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) øDivision B (except sections 1704 and 2303) of sub-
title I¿ Provisions referred to in section 172(b) of title 41.
* * * * * * *
(3) CERTAIN PROVISIONS øOF 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 fol-
lowing 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 øOffice of Federal Pro-
curement 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 øOf-
fice of Federal Procurement Policy Act¿ provisions referred
to in section 172(b) of title 41 apply to the acquisition man-
agement system.
(D) In the administration of the acquisition management
system, the Administrator may take adverse personnel ac-
tion under øsection 27(e)(3)(A)(iv) of the Office of Federal
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Procurement Policy Act¿ section 2105(c)(1)(D) of title 41 in
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189
accordance with the procedures contained in the Adminis-
tration’s personnel management system.
§ 40110 note (Department of Transportation and Related
Agencies Appropriations Act, 1997, § 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 inde-
pendent assessment: Provided, That for purposes of this section,
the term ‘full and open competition’ has the meaning provided that
term in øsection 4(6) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(6))¿ section 107 of title 41, United States Code.
§ 40110 note (Federal Acquisition Streamlining Act of 1994,
§ 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:
* * * * * * *
ø(B) The following provisions of the Federal Property
and Administrative Services Act of 1949:
(i) Section 303 (øformer¿ 41 U.S.C. 253) øsee 41
U.S.C. 3105, 3301, 3303 to 3305¿.
(ii) Section 303A (øformer¿ 41 U.S.C. 253a) øsee 41
U.S.C. 3306¿.
(iii) Section 303B (øformer¿ 41 U.S.C. 253b) ønow 41
U.S.C. 3308, 3701 to 3708, 4702¿.
(iv) Section 303C øformer¿ (41 U.S.C. 253c) ønow 41
U.S.C. 3311¿.
(C) The following provisions of the Office of Federal Pro-
curement Policy Act:
(i) Section 4(6) (øformer¿ 41 U.S.C. 403(6)) øsee 41
U.S.C. 107¿.
(ii) Section 18 (øformer¿ 41 U.S.C. 416) øsee 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 sec-
tion 4702 of title 41, United States Code.
(g) DEFINITION.—In this section, the term ‘‘commercial item’’ has
the meaning provided that term in øsection 4(12) of the Office of
Federal Procurement Policy Act¿ section 103 of title 41, United
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States Code.
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§ 47305(d)
§ 47305. Administrative
* * * * * * *
(d) ADVERTISING NOT REQUIRED.—øSection 6101(b) to (d)¿ Sec-
tion 6101 of title 41 does not apply to a lease or contract made by
the Secretary of Transportation or Commerce under this chapter.
§ 50101 note (Federal Aviation Administration Authorization
Act of 1994, § 305(b))
SEC. 305. USE OF DOMENSTIC POWERS.
* * * * * * *
(b) COMPLIANCE WITH øBUY AMERICAN ACT¿ CHAPTER 83 OF
TITLE 41, UNITED STATES CODE.—(1) Except as provided in para-
graph (2), the head of each office within the Federal Aviation Ad-
ministration that conducts procurements shall ensure that such
procurements are conducted in compliance with øsections 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
§ 167b(c)(2) (Helium Act, § 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 øthe Federal Property and Administrative
Services Act of 1949¿ chapter 5 of title 40, United States Code.
§ 1651(a) (National Emergencies Act, § 502(a))
SEC. 502. (a) The provisions of this Act shall not apply to the fol-
lowing provisions of law, the powers and authorities conferred
thereby, and actions taken thereunder:
(1) øAct 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) øSection 3737 of the Revised Statutes, as amended (41
U.S.C. 15)¿ Section 6305 of title 41, United States Code;
§ 1701 note (Sudan Accountability and Divestment Act of
2007, § § 2(3), 6)
SEC. 2. DEFINITIONS.
* * * * * * *
(3) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has
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the meaning given the term in øsection 4 of the Office of Fed-
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eral 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 Admin-
istrator of General Services shall include on the List of Parties
Excluded from Federal Procurement and Nonprocurement Pro-
grams maintained by the Administrator under part 9 of the
Federal Acquisition Regulation issued under øsection 25 of the
Office of Federal Procurement Policy Act (41 U.S.C. 421)¿ sec-
tion 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 para-
graph (1).
* * * * * * *
(d) IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGU-
LATION.—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 øsection 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 im-
plementation of the requirements of this section.
§ 1902(a)(4) (David L. Boren National Security Education Act
of 1991, § 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, counterpro-
liferation studies, and other international fields, for the award-
ing 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
øsection 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 addi-
tion, 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.
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192
§ 3024(q)(4)(B) (National Security Act of 1947, § 102A(q)(4)(B))
SEC. 102A. (a) PROVISION OF INTELLIGENCE.—(1) The Director of
National Intelligence shall be responsible for ensuring that na-
tional intelligence is provided—
* * * * * * *
(q) ACQUISITIONS OF MAJOR SYSTEMS.—(1) For each intelligence
program within the National Intelligence Program for the acquisi-
tion 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 øsection 4(9) of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 403(9))¿ section 109 of title
41, United States Code.
§ 3095(a)(2)(B)(i) (National Security Act of 1947,
§ 505(a)(2)(B)(i))
SEC. 505. (a)(1) The transfer of a defense article or defense serv-
ice, 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 øFederal Property and Ad-
ministrative Services Act of 1949¿ provisions referred
to in section 171(b) and (c) of title 41 of the United
States Code, and
§ 3099(e)(1) (National Security Act of 1947, § 506C(e)(1))
SEC. 506C. (a) INITIAL VULNERABILITY ASSESSMENTS.—(1)(A) Ex-
cept as provided in subparagraph (B), the Director of National In-
telligence shall conduct and submit to the congressional intel-
ligence 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 øsection 4(10) of the Office of Federal Procurement Pol-
icy Act (41 U.S.C. 403(10))¿ section 108 of title 41, United
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States Code.
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§ 4517(b)(2)(B)(ii) (Defense Production Act of 1950,
§ 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) øsection 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
§ 4554(b) (Defense Production Act of 1950, § 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 øsection 25 of the Office of Federal Procurement Policy
Act¿ section 1303(a) of title 41, United States Code, and shall con-
form to any governmentwide procurement policy or regulation
issued pursuant to øsection 6 or 25 of that Act¿ section 1121(b) and
(d) or 1303(a)(1) of that title.
§ 4559(c) (Defense Production Act of 1950, § 709(c))
SEC. 709. PUBLIC PARTICIPATION IN RULEMAKING.
* * * * * * *
(c) PUBLIC COMMENT ON PROCUREMENT REGULATIONS.—Any pro-
curement policy, regulation, procedure, or form (including any
amendment or modification of any such policy, regulation, proce-
dure, or form) issued under this Act shall be subject to øsection 22
of the Office of Federal Procurement Policy Act¿ section 1707 of
title 41, United States Code.
TITLE 51—NATIONAL AND COMMERCIAL
SPACE PROGRAMS
§ 20113(c)(4)
§ 20113. Powers of the Administration in performance of
functions
* * * * * * *
(c) PROPERTY.—In the performance of its functions, the Adminis-
tration is authorized—
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* * * * * * *
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194
(4) to sell and otherwise dispose of real and personal prop-
erty (including patents and rights thereunder) in accordance
with the provisions of øthe Federal Property and Administra-
tive Services Act of 1949, as amended (40 U.S.C. 471 et seq.)¿
chapter 5 of title 40; and
§ 30704(2)
§ 30704. Offshore performance of contracts for the procure-
ment 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 di-
rectly 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 øthe 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
§ 20925(e) (Help America Vote Act of 2002, § 205(e))
SEC. 205. POWERS.
* * * * * * *
(e) CONTRACTS.—The Commission may contract with and com-
pensate persons and Federal agencies for supplies and services
without regard to øsection 3709 of the Revised Statutes (41 U.S.C.
5)¿ section 6101 of title 41.
Æ
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