19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session No. 112–662 

TO MAKE IMPROVEMENTS IN THE ENACTMENT OF TITLE 

41, UNITED STATES CODE, INTO A POSITIVE LAW TITLE 

AND TO IMPROVE THE CODE 

SEPTEMBER 10, 2012.—Referred to the House Calendar and ordered to be printed 

Mr. SMITH, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 6080] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 6080) to make improvements in the enactment of title 41, 

United States Code, into a positive law title, and to improve the 

Code, having considered the same, reports favorably thereon and 

recommends that the bill do pass. 

TABLE OF CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 2 

Committee Consideration ........................................................................................ 2 

Committee Votes ...................................................................................................... 2 

Committee Oversight Findings ............................................................................... 2 

New Budget Authority and Tax Expenditures ...................................................... 2 

Congressional Budget Office Cost Estimate .......................................................... 2 

Performance Goals and Objectives ......................................................................... 3 

Advisory on Earmarks ............................................................................................. 3 

Section-by-Section Explanation .............................................................................. 3 

Changes in Existing Law Made by the Bill, as Reported ..................................... 4 

Purpose and Summary 

H.R. 6080 makes improvements in the enactment of title 41, 

United States Code, into a positive law title and improves the 

Code. 


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Background and Need for Legislation 

Public Law 111–350, which was signed into law on January 4, 

2011, enacted certain laws relating to public contracts as title 41, 

United States Code, ‘‘Public Contracts’’. H.R. 6080 makes conforming amendments in laws classified to various titles of the Code 

that are necessary because of the enactment of title 41, makes 

clarifying amendments to title 41, and makes technical amendments to Public Law 111–350. 

Hearings 

The Committee on the Judiciary held no hearings on H.R. 6080. 

Committee Consideration 

On July 10, 2012, the Committee met in open session and ordered the bill H.R. 6080 favorably reported, by a voice vote, a 

quorum being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that there were 

no recorded votes during the Committee’s consideration of H.R. 

6080. 

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

Congressional Budget Office Cost Estimate 

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 6080, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 18, 2012. 

Hon. LAMAR SMITH, CHAIRMAN, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 6080, a bill to make imVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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provements in the enactment of title 41, United States Code, into 

a positive law title and to improve the Code. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford, who 

can be reached at 226–2860. 

Sincerely, 

DOUGLAS W. ELMENDORF, DIRECTOR. 

Enclosure 

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 6080—A bill to make improvements in the enactment of 

title 41, United States Code, into a positive law title and 

to improve the Code. 

As ordered reported by the House Committee on the Judiciary 

on July 10, 2012. 

H.R. 6080 would make conforming, clarifying, and technical 

changes to most titles of the United States Code that address public contracts. Information from the Office of Law Revision Counsel 

indicates that the bill would make no substantive changes to the 

law; therefore, CBO estimates that enacting H.R. 6080 would have 

no significant impact on the Federal budget. The bill would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

H.R. 6080 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of State, local, or tribal governments. 

The CBO staff contact for this estimate is Matthew Pickford. 

This estimate was approved by Theresa Gullo, Deputy Assistant 

Director for Budget Analysis. 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 6080 will make 

improvements in the enactment of title 41, United States Code, 

into a positive law title and will improve the Code. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 6080 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of Rule XXI. 

Section-by-Section Analysis 

The following discussion describes the bill as reported by the 

Committee. 

Sec. 1. Table of contents. Section 1 sets forth the table of contents 

of the bill 

Sec. 2. Purpose. Section 2 sets forth the purpose of the bill. 


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Secs. 3 through 40. Conforming, clarifying, and technical amendments. Sections 3 through 40 make conforming amendments in 

laws classified to various titles of the United States Code, make 

clarifying amendments to title 41, and make technical amendments 

to Public Law 111–350. 

Changes in Existing Law Made by the Bill, as Reported 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

H.R. 6080, as reported are shown as follows: 

TITLE 2—THE CONGRESS 

§ 61f8 (Public Law 9751, § 117) 

SEC. 117. For each fiscal year (beginning with the fiscal year 

which ends September 30 1982), the Sergeant of Arms and Doorkeeper of the Senate is hereby authorized to expend from the account for the Sergeant of Arms and Doorkeeper of the Senate, within the contingent fund of the Senate, an amount not to exceed 

$300,000: 

(1) the procurement of the services, on a temporary basis, of 

individual consultants, or organizations thereof, with the prior 

consent of the Committee on Rules and Administration; such 

services may be procured by contract with the providers acting 

as independent contractors, or in the case of individuals, by 

employment at daily rates of compensation not in excess of the 

per diem equivalent of the highest gross rate of annual compensation which may be paid to employees of a standing committee of the Senate; and any such contract shall not be subject to the provisions of [section 5] section 6101 of title 5, 

United States Code or any other provision of law requiring advertising; and 

§ 61g–7(b) (Supplemental Appropriations Act, 1985, § 195(b)) 

SEC. 195. (a) 

* * * 

(b) Such services in the case of individuals or organizations may 

be procured by contract as independent contractors, or in the case 

of individuals, by employment at daily rates of compensation not 

in excess of the per diem equivalent of the highest gross rate of 

compensation which may be paid to a regular employee of such 

committee. Such contracts shall not be subject to the provisions of 

[section 5 of title 41] section 6101 of title 41, United States Code, 

or any other provision of law requiring advertising. 

72a(i)(2) (Legislative Reorganization Act of 1946, § 202(i)(2)) 

SEC. 202. (a) Each standing committee of the Senate (other than 

the Committee on Appropriations) is authorized to appoint, by majority vote of the committee, not more than six professional staff 

members in addition to the clerical staffs. Such professional staff 

members shall be assigned to the chairman and the ranking minority member of such committee as the committee may deem advisVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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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 selected. A staff member or members appointed pursuant to a request by the minority members of the committee shall be assigned 

to such committee business as such minority members deem advisable. Services of professional staff members appointed by majority 

vote of the committee may be terminated by a majority vote of the 

committee and services of professional staff members appointed 

pursuant to a request by the minority members of the committee 

shall be terminated by the committee when a majority of such minority members so request. Professional staff members authorized 

by this subsection shall be appointed on a permanent basis, without regard to political affiliation, and solely on the basis of fitness 

to perform the duties of their respective positions. Such professional staff members shall not engage in any work other than committee business and no other duties may be assigned to them. 

* * * 

(i)(1) Each standing committee of the Senate or House of Representatives is authorized, with the approval of the Committee on 

Rules and Administration in the case of standing committees of the 

Senate, or the Committee on House Oversight in the case of standing committees of the House of Representatives, within the limits 

of funds made available from the contingent fund of the Senate or 

the applicable accounts of the House of Representatives pursuant 

to resolutions which, in the case of the Senate, shall specify the 

maximum amounts which may be used for such purpose, approved 

by the appropriate House, to procure the temporary services (not 

in excess of one year) or intermittent services of individual consultants, or organizations thereof, to make studies or advise the committee with respect to any matter within its jurisdiction or with respect to the administration of the affairs of the committee. 

(2) Such services in the case of individuals or organizations may 

be procured by contract as independent contractors, or in the case 

of individuals by employment at daily rates of compensation not in 

excess of the per diem equivalent of the highest gross rate of compensation which may be paid to a regulr employee of such committee. Such contracts shall not be subject to the provisions of [section 3709 of the Revised States (41 U.S.C. 5)] section 6101 of title 

41, United States Code, or any other provision of law requiring advertising. 

§ 135a (Act of March 3, 1931, § 1) 

That there is authorized to be appropriated annually to the Library of Congress, in addition to appropriations otherwise made to 

said Library, such sums for expenditure under the direction of the 

Librarian of Congress as may be necessary to provide books published either in raised characters, on sound-reproduction recordings 

or in any other form, and for purchase, maintenance, and replacement of reproducers for such sound-reproduction recordings, for the 

use of the blind and for other physically handicapped residents of 

the United States, including the several States, Territories, insular 

possessions, and the District of Columbia, all of which books, reVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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cordings, and reproducers will remain the property of the Library 

of Congress but will be loaned to blind and to other physically 

handicapped readers certified by competent authority as unable to 

read normal printed material as a result of physical limitations, 

under regulations prescribed by the Librarian of Congress for this 

service. In the purchase of books in either raised characters or in 

sound-reproduction recordings the Librarian of Congress, without 

reference to the provisions of [section 3709 of the Revised Statutes 

of the United States (41 U.S.C. 5)] section 6101 of title 41, United 

States Code shall give preference to nonprofit-making institutions 

or agencies whose activities are primarily concerned with the blind 

and with other physically handicapped persons, in all cases where 

the prices or bids submitted by such institutions or agencies are, 

by said Librarian, under all the circumstances and needs involved, 

determined to be fair and reasonable. 

§ 141a (Omnibus Consolidated and Emergency Supplemental 

Appropriations Act, 1999, div. B, title II, ch. 5, paragraph under heading ‘‘GENERAL PROVISION, 

THIS CHAPTER’’) 

The responsibility for design, installation, and maintenance of security systems to protect the physical security of the buildings and 

grounds of the Library of Congress is transferred from the Architect of the Capitol to the Capitol Police Board. Such design, installation, and maintenance shall be carried out under the direction of 

the Committee on House Oversight of the House of Representatives 

and the Committee on Rules and Administration of the Senate, and 

without regard to [section 3709 of the Revised Statutes of the 

United States (41 U.S.C. 5)] section 6101 of title 41, United States 

Code. Any alteration to a structural, mechanical, or architectural 

feature of the buildings and grounds of the Library of Congress 

that is required for a security system under the preceding sentence 

may be carried out only with the approval of the Architect of the 

Capitol. 

§ 471 note (Legislative Branch Appropriations Act, 1996, 

§ 114) 

SEC. 114. Notwithstanding the provisions of [the Federal Property and Administrative Services Act of 1949, as amended] chapter 

5 of title 40, United States Code, or any other provision of law, 

upon the abolition of the Office of Technology Assessment, all 

records and property of the Office (including the Unix system, all 

computer hardware and software, all library collections and research materials, and all photocopying equipment), shall be under 

the administrative control of the Architect of the Capitol. Not later 

than December 31, 1995, the Architect shall submit a proposal to 

transfer such records and property to appropriate support agencies 

of the Legislative Branch which request such transfer, and shall 

carry out such transfer subject to the approval of the Committees 

on Appropriations of the House of Representatives and the Senate. 

§ 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 


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provisions of this chapter, including, but without being limited to, 

the authority to— 

* * * 

(2) enter into contracts or other arrangements as may be 

necessary for the conduct of the work of the Office with any 

agency or instrumentality of the United States, with any State, 

territory, or possession or any political subdivision thereof, or 

with any person, firm, association, corporation, or educational 

institution, with or without reimbursement, without performance or other bonds, and without regard to [section 3709 of the 

Revised Statutes (41 U.S.C. 5)] section 6101 of title 41, United 

States Code; 

(3) make advance, progress, and other payments which relate to technology assessment without regard to the provisions 

of [section 3548 of the Revised Statutes (31 U.S.C. 529)] section 

3324(a) and (b) of title 31; 

§ 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 chapter, and such contracts or modifications thereof may, with the 

concurrence of two-thirds of the members of the Board, be entered into without performance or other bonds, and without regard to [section 3709 of the Revised Statutes (41 U.S.C. 5)] section 6101 of title 41 United States Code; 

§ 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 provisions of this section— 

* * * 

(b) GRANTS.— 

* * * 

(4) ADMINISTRATION.— 

* * * 

(B) WAIVER OF COMPETITIVE BIDDING.—The Librarian of 

Congress, after consultation with the Joint Committee on 

the Library of Congress, may enter into contracts under 

subparagraph (A)(i) to carry out the pilot program during 

fiscal years 2000 and 2001 without regard to [section 3709 

of the Revised Statutes] section 6101 of title 41, United 

States Code, or any other requirement for competitive conVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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tracting or the providing of notice of contracting opportunities. 

§ 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 [section 303M of the 

Federal Property and Administrative Services Act of 1949 (41 

U.S.C. 253m)] section 3309 of title 41, United States Code, for entering into a contract for the design and construction of a public 

building, facility, or work in the same manner and under the same 

terms and conditions as the head of an executive agency under 

such section. 

§ 1816b (Public Law 96–558) 

That, notwithstanding any other provision of law, the Architect 

of the Capitol is authorized to contract for personal services with 

any firm, partnership, corporation, association, or other legal entity 

in the same manner as he is authorized to contract for personal 

services with individuals under the provisions of [section 3709 of 

the Revised Statutes of the United States (41 U.S.C. 5)] section 

6101 of title 41, United States Code. 

§ 1821(a)(1) (Legislative Branch Appropriations Act, 2003, 

§ 1201(a)(1)) 

SEC. 1201. SMALL PURCHASE CONTRACTING AUTHORITY. (a) IN

GENERAL.—Notwithstanding any other provision of law— 

(1) [section 3709 of the Revised Statutes of the United States 

(41 U.S.C. 5)] section 6101 of title 41, United States Code, shall 

apply with respect to purchases and contracts for the Architect 

of the Capitol as if the reference to ‘‘$25,000’’ in paragraph (1) 

of such section were a reference to ‘‘$100,000’’; and 

§ 1964(b) (Legislative Branch Appropriations Act, 1996, 

§ 308(b)) 

SEC. 308. (a)(1) Effective October 1, 1995, the unexpended balances of appropriations specified in paragraph (2) are transferred 

to the appropriation for general expenses of the Capitol Police, to 

be used for design and installation of security systems for the Capitol buildings and grounds. 

* * * 

(b) Effective October 1, 1995, the responsibility for design and installation of security systems for the Capitol buildings and grounds 

is transferred from the Architect of the Capitol to the Capitol Police 

Board. Such design and installation shall be carried out under the 

direction of the Committee on House Oversight of the House of 

Representatives and the Committee on Rules and Administration 

of the Senate, and without regard to [section 3709 of the Revised 

Statutes of the United States (41 U.S.C. 5)] section 6101 of title 41. 

On and after October 1, 1995, any alteration to a structural, mechanical, or architectural feature of the Capitol buildings and 

grounds that is required for a security system under the preceding 


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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 Administration, may acquire, on behalf of the United States Government, 

by purchase, condemnation, transfer or otherwise, as an addition to 

the United States Capitol Grounds, such real property in the District of Columbia as may be necessary to carry out the provisions 

of this Act [this note]. Real property acquired for purposes of this 

Act, may, in the discretion of the Architect of the Capitol, extend 

to the outer face of the curbs of such property so acquired, including alleys or parts of alleys and streets within the lot lines and 

curblines surrounding such real property, together with any or all 

improvements thereon. 

* * * 

(d) REPAIRS; EXPENDITURES.—The Architect of the Capitol is authorized, without regard to the provisions of [section 3709 of the 

Revised Statutes of the United States] section 6101 of title 41, 

United States Code, to enter into contracts and to make expenditures for (1) necessary repairs to, and refurbishment of, the real 

property and the improvements on such real property acquired in 

accordance with subsection (a), including expenditures for personal 

and other services as may be necessary to carry out the purposes 

of this Act; and (2) for the construction on such real property of any 

facilities thereon as authorized under subsection (f). In no event 

shall the aggregate value of contracts and expenditures under this 

subsection exceed an amount equal to that authorized to be appropriated pursuant to subsection (e). 

§ 2146(b)(3) (Legislative Branch Appropriations Act, 1989, 

§ 307E(b)(3)) 

SEC. 307E. (a) The Architect of the Capitol, subject to the direction of the Joint Committee on the Library, is authorized to— 

* * * 

(b)(1) Gifts or bequests of money under subsection (a)(2) of this 

section shall, when received by the Architect, be deposited with the 

Treasurer of the United States, who shall credit these deposits as 

offsetting collections to an account entitled ‘‘Botanic Garden, Gifts 

and Donations’’. The gifts or bequests described under subsection 

(a)(2) of this section shall be accepted only in the total amount provided in appropriations Acts. 

* * * 

(3) Receipts, obligations, and expenditures of funds under this 

section shall be included in annual estimates submitted by the Architect for the operation and maintenance of the Botanic Garden 

and such funds shall be expended by the Architect, without regard 

to [section 3709 of the Revised Statutes] section 6101 of title 41, 

United States Code, for the purposes of this section after approval 


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in appropriation Acts. All such sums shall remain available until 

expended, without fiscal year limitation. 

TITLE 5—GOVERNMENT 

ORGANIZATIONS AND EMPLOYEES 

§ 571 note (Administrative Dispute Resolution Act, 

§ 3(d)(2)(B)) 

* * * 

(d) PROCEDURES FOR GRANTS AND CONTRACTS.— 

* * * 

(2)(A) Within 1 year after the date of the enactment of this 

Act, the Federal Acquisition Regulation shall be amended, as 

necessary, to carry out this Act and the amendments made by 

this Act. 

(B) For purposes of this section, the term ‘‘Federal Acquisition Regulation’’ means the single system of Government-wide 

procurement regulation referred to in [section 6(a) of the Office 

of Federal Procurement Policy Act (41 U.S.C. 405(a))] section 

1121(b) of title 41, United States Code. 

§ 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, corporation, or institution under [title III of the Federal Property and 

Administrative Services Act of 1949, as amended (41 U.S.C. 

251–260)] the provisions referred to in section 171(c) of title 41, 

and to use from time to time, as appropriate, experts and consultants who may be employed in accordance with section 3109 

of this title at rates not in excess of the maximum rate of pay 

for grade GS–15 as provided in section 5332 of this title; 

§ 2301 note (Notification and Federal Employee Administration and Retaliation Act of 2002, § 206) 

SEC. 206. STUDIES BY GENERAL ACCOUNTING OFFICE 

ON EXHAUSTION OF ADMINISTRATIVE REMEDIES AND 

ON ASCERTAINMENT OF CERTAIN DEPARTMENT OF 

JUSTICE COSTS. 

* * * 

(c) STUDIES ON STATUTORY EFFECTS ON AGENCY OPERATIONS.— 


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(1) IN GENERAL.—Not later than 18 months after the date of 

enactment of this Act, the General Accounting Office shall conduct— 

* * * 

(B) a study on the effects of [section 13 of the Contract 

Disputes Act of 1978 (41 U.S.C. 612)] section 7108 of title 

41, United States Code, on the operations of Federal agencies. 

* * * 

(d) STUDY ON ADMINISTRATIVE AND PERSONNEL COSTS INCURRED

BY THE DEPARTMENT OF THE TREASURY.— 

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the General Accounting Office shall conduct a study on the extent of any administrative and personnel 

costs incurred by the Department of the Treasury to account 

for payments made in accordance with section 2414, 2517, 

2672, or 2677 of title 28, United States Code, and under section 1304 of title 31, United States Code, as a result of— 

* * * 

(B) [the Contracts Dispute Act of 1978 (41 U.S.C. 601 

note; Public Law 95–563)] chapter 71 of title 41, United 

States Code. 

§ 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 services. Services procured under this section are without regard to— 

* * * 

(3) [section 6101(b) to (d)] section 6101 of title 41, except in 

the case of stenographic reporting services by an organization. 

§ 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— 


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* * * 

(2) is deemed to be an employee of the Department of Defense for the purposes of— 

* * * 

(G) [section 27 of the Office of Federal Procurement Policy Act] chapter 21 of title 41, United States Code; and 

§ 4105. Non-Government facilities; use of 

The head of an agency, without regard to [section 6101(b) to (d)] 

section 6101 of title 41, may make agreements or other arrangements for the training of employees of the agency by, in, or through 

non-Government facilities under this chapter. 

§ 8709(a) 

§ 8709. Insurance policies 

(a) The Office of Personnel Management, without regard to [section 6101(b) to (d)] section 6101 of title 41, may purchase from one 

or more life insurance companies a policy or policies of group life 

and accidental death and dismemberment insurance to provide the 

benefits specified by this chapter. A company must meet the following requirements: 

§ 8714a(a) 

§ 8714a. Optional insurance 

(a) Under the conditions, directives, and terms specified in sections 8709–8712 of this title, the Office of Personnel Management, 

without regard to [section 6101(b) to (d)] section 6101 of title 41, 

may purchase a policy which shall make available to each insured 

employee equal amounts of optional life insurance and accidental 

death and dismemberment insurance in addition to the amounts 

provided in section 8704(a) of this title. 

§ 8714b(a) 

§ 8714b. Additional optional life insurance 

(a) Under the conditions, directives, and terms specified in sections 8709 through 8712 of this title, the Office of Personnel Management, without regard to [section 6101(b) to (d)] section 6101 of 

title 41, may purchase a policy which shall make available to each 

employee insured under section 8702 of this title amounts of additional optional life insurance (without accidental death and dismemberment insurance). An employee may elect coverage under 

this section without regard to whether the employee has elected 

coverage under optional insurance available under section 8714a of 

this title. 

§ 8714c(a) 

§ 8714c. Optional life insurance on family members 

(a) Under the conditions, directives, and terms specified in sections 8709 through 8712 of this title, the Office of Personnel Management, without regard to [section 6101(b) to (d)] section 6101 of 

title 41, may purchase a policy which shall make available to each 


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employee insured under section 8702 of this title amounts of optional life insurance (without accidental death and dismemberment 

insurance) on the employee’s family members. 

§ 8902(a) 

§ 8902. Contracting authority 

(a) The Office of Personnel Management may contract with qualified carriers offering plans described by section 8903 or 8903a of 

this title, without regard to [section 6101(b) to (d)] section 6101 of 

title 41 or other statute requiring competitive bidding. Each contract shall be for a uniform term of at least 1 year, but may be 

made automatically renewable from term to term in the absence of 

notice of termination by either party. 

§ 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 [section 6101(b) to (d)] section 

6101 of title 41 or any other statute requiring competitive bidding. 

An employee organization may contract with a qualified company 

for the purpose of participating with that qualified company in any 

contract between the Office and that qualified company. 

* * * 

(d)(1) Each contract under this chapter shall require the qualified 

company to agree— 

* * * 

(3) For purposes of applying [the Contract Disputes Act of 1978] 

chapter 71 of title 41 to disputes arising under this chapter between a qualified company and the Office— 

(A) the agency board having jurisdiction to decide an appeal 

relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management 

shall specify in writing [(after appropriate arrangements, as 

described in section 8(c) of such Act)]; and 

(B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of 

Federal Claims, of any action described in [section 10(a)(1) of 

such Act] section 7104(b)(1) of title 41 relative to such a dispute. 

* * * 

8983 

§ 8983. Contracting authority 

(a)(1) The Office shall contract with a reasonable number of 

qualified companies for a policy or policies of benefits described 

under section 8984 without regard to [section 6101(b) to (d)] section 

6101 of title 41 or any other statute requiring competitive bidding. 

An employee organization may contract with a qualified company 


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for the purpose of participating with that qualified company in any 

contract between the Office and that qualified company. 

* * * 

(d)(1) Each contract under this chapter shall require the qualified 

company to agree— 

* * * 

(3) For purposes of applying [the Contract Disputes Act of 1978] 

chapter 71 of title 41 to disputes arising under this chapter between a qualified company and the Office— 

(A) the agency board having jurisdiction to decide an appeal 

relative to such a dispute shall be such board of contract appeals as the Director of the Office of Personnel Management 

shall specify in writing [(after appropriate arrangements, as 

described in section 8(c) of such Act)]; and 

(B) the district courts of the United States shall have original jurisdiction, concurrent with the United States Court of 

Federal Claims, of any action described in [section 10(a)(1) of 

such Act] section 7104(b)(1) of title 41 relative to such a dispute. 

§ 9003(a) 

§ 9003. Contracting authority 

(a) IN GENERAL.—The Office of Personnel Management shall, 

without regard to [section 6101(b) to (d)] section 6101 of title 41 or 

any other statute requiring competitive bidding, contract with one 

or more qualified carriers for a policy or policies of long-term care 

insurance. The Office shall ensure that each resulting contract 

(hereafter in this chapter referred to as a ‘‘master contract’’) is 

awarded on the basis of contractor qualifications, price, and reasonable competition. 

TITLE 6—DOMESTIC SECURITY 

§ 189(b)(6) (Homeland Security Act of 2002, § 309(b)(6)) 

SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY 

NATIONAL LABORATORIES AND SITES IN SUPPORT OF 

HOMELAND SECURITY ACTIVITIES. 

* * * 

(b) JOINT SPONSORSHIP ARRANGEMENTS.— 

* * * 

(6) FUNDING.—The Department shall provide funds for work 

at the Department of Energy national laboratories or sites, as 

the case may be, under a joint sponsorship arrangement under 

this subsection under the same terms and conditions as apply 

to the primary sponsor of such national laboratory under [section 303(b)(1)(C) of the Federal Property and Administrative 

Services Act of 1949 (41 U.S.C. 253(b)(1)(C))] section 

3303(a)(1)(C) of title 41, United States Code, or of such site to 


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the extent such section applies to such site as a federally funded research and development center by reason of this subsection. 

§ 393 (Homeland Security Act of 2002, § 833) 

SEC. 833. SPECIAL STREAMLINED ACQUISITION AUTHORITY. 

* * * 

(b) INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN PROCUREMENTS.— 

(1) IN GENERAL.—The Secretary may designate certain employees of the Department to make procurements described in 

subsection (a) of this section for which in the administration of 

[section 32 of the Office of Federal Procurement Policy Act (41 

U.S.C. 428 the amount specified in subsections (c), (d), and (f) 

of such section 32] section 1902 of title 41, United States Code, 

the amount specified in subsections (a), (d), and (e) of such section 1902 shall be deemed to be $7,500. 

(2) NUMBER OF EMPLOYEES.—The number of employees designated under paragraph (1) shall be— 

(A) fewer than the number of employees of the Department who are authorized to make purchases without obtaining competitive quotations, pursuant to [section 32(c) 

of the Office of Federal Procurement Policy Act (41 U.S.C. 

428(c))] section 1902(d) of title 41, United States Code; 

* * * 

(c) SIMPLIFIED ACQUISITION PROCEDURES.— 

(1) IN GENERAL.—With respect to a procurement described in 

subsection (a) of this section, the Secretary may deem the simplified acquisition threshold referred to in [section 4(11) of the 

Office of Federal Procurement Policy Act (41 U.S.C. 403(11))] 

section 134 of title 41, United States Code, to be— 

* * * 

(d) APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES.— 

* * * 

(2) LIMITATION.—The $5,000,000 limitation provided in 

[lsection 31(a)(2) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 427(A)(2)) and section 303(g)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 

U.S.C. 253(g)(1)(B))] sections 1901(a)(2) and 3305(a)(2) of title 

41, United States Code, shall be deemed to be $7,500,000 for 

purposes of property or services under the authority of this 

subsection. 

§ 421 (Homeland Security Act of 2002, § 851) 

SEC. 851. DEFINITION. 

In this part, the term ‘‘executive agency’’ has the meaning given 

that term under [section 4(1) of the Office of Federal Procurement 


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Policy Act (41 U.S.C. 403(1))] section 133 of title 41, United States 

Code. 

§ 423(b) (Homeland Security Act of 2006, § 853(b)) 

SEC. 853. INCREASED SIMPLIFIED ACQUISITION 

THRESHOLD FOR PROCUREMENT IN SUPPORT OF HUMANITARIAN OR PEACEKEEPING OPERATIONS OR CONTINGENCY OPERATIONS 

* * * 

(b) SIMPLIFIED ACQUISITION THRESHOLD DEFINITIONS.—In this 

section, the term ‘‘simplified acquisition threshold definitions’’ 

means the following: 

(1) [Section 4(11) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 40(11))] Section 134 of title 41, United States 

Code. (2)[Section 309(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(d))] Section 153 of title 

41, United States Code. 

§ 424 (Homeland Security Act of 2006, § 854) 

SEC. 854. INCREASED MICRO-PURCHASE THRESHOLD 

FOR CERTAIN PROCUREMENTS 

In the administration of [section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428)] section 1902 of title 41, United 

States Code, with respect to a procurement referred to in section 

422 of this title, the amount specified in [subsections (d), (d), and 

(f) of such section 32] subsections (a), (d), and (e) of such section 

1902 shall be deemed to be $7,500. 

§ 425 (Homeland Security Act of 2006, § 855) 

SEC. 855. APPLICATION OF CERTAIN COMMERCIAL 

ITEMS AUTHORITIES TO CERTAIN PROCUREMENTS 

(a) AUTHORITY.— 

* * * 

(2) COMMERCIAL ITEM LAWS.—The provisions of law referred 

to in paragraph (1) are as follows: 

(A) [Sections 31 and 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 427, 430)] Sections 1901 and 

1906 of title 41, United States Code. 

* * *. 

(C) [Section 303(g) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g))] Section 

3305 of title 41, United States Code. 

(b) INAPPLICABILITY OF LIMITATION ON USE OF SIMPLIFIED ACQUISITION PROCEDURES.— 

(1) IN GENERAL.—The $5,000,000 limitation provided in [section 31(a)(2) of the Office of Federal Procurement Policy Act 

(41 U.S.C. 427(a)(2))] section 1901(a)(2) of title 41, United 

States Code, section 2304(g)(1)(B) of title 10, United States 

Code, and [section 303(g)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(B))] secVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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tion 3305(a)(2) of title 41, United States Code, shall not apply 

to purchases of property or services to which any of the provisions of law referred to in subsection (a) of this section are applied under the authority of this section. 

§ 426(a) (Homeland Security Act of 2006, § 856(a)) 

SEC. 856. USE OF STREAMLINED PROCEDURES. 

(a) REQUIRED USE.—The head of an executive agency shall, when 

appropriate, use streamlined acquisition authorities and procedures 

authorized by law for a procurement referred to in section 422 of 

this title, including authorities and procedures that are provided 

under the following provisions of law: 

(1) [FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT

OF 1949] PROVISIONS REFERRED TO IN SECTION 171(C) OF TITLE

41, UNITED STATES CODE.—In [title III of the Federal Property 

and Administrative Services Act of 1949] the provisions referred to in section 171(c) of title 41, United States Code: 

(A) [Paragraphs (1), (2), (6), and (7) of subsection (c) of 

section 303 (41 U.S.C. 253)] Paragraphs (1), (2), (6), and 

(7) of section 3304(a) of title 41, United States Code, relating to use of procedures other than competitive procedures 

under certain circumstances [subject to section 3304(d) of 

such section] (subject to section 3304(d) of title 41, United 

States Code). 

* * * 

(3) [OFFICE OF FEDERAL PROCUREMENT POLICY ACT] PROVISIONS REFERRED TO IN SECTION 172(B) OF TITLE 41, UNITED

STATES CODE.—[Paragraphs (1)(B), (1)(D), and (20 of section 

18(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 

416(c))] Paragraphs (1)(B), (1)(D), and (2)(A) of section 1708(b) 

of title 41, United States Code relating to inapplicability of a 

requirement for procurement notice. 

§ 453b(g) (American Recovery and Reinvestment Act of 2009, 

§ 604(g)) 

SEC. 604. (a) REQUIREMENT.— 

* * * 

(g) APPLICABILITY TO CONTRACTS AND SUBCONTRACTS FOR PROCUREMENT OF COMMERCIAL ITEMS.—This section is applicable to 

contracts and subcontracts for the procurement of commercial 

items not withstanding [section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)] section 1906 of title 41, United 

States Code with the exception of commercial items listed under 

subsections (b)(1)(C) and (b)(1)(D) above. For the purposes of this 

section, ‘‘commercial’’ shall be as defined in the Federal Acquisition 

Regulation—Part 2. 

§ 792(c) (Post-Katrina Emergency Management Reform Act 

of 2006, § 692(c)) 

SEC. 692. LIMITATIONS ON TIERING OF SUBCONTRACTORS. 


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* * * 

(c) COVERED CONTRACTS.—This section applies to any cost-reimbursement type contract or task or delivery order in an amount 

greater than the simplified acquisition threshold (as defined by 

[section 4 of the Office of Federal Procurement Policy Act (41 

U.S.C. 403)] section 134 of title 41, United States Code) entered into 

by the Department to facilitate response to or recovery from a natural disaster or act of terrorism or other man-made disaster. 

§ 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 provided in [paragraph (2) of section 303(c) of the Federal Property 

and Administrative Services Act of 1949 (41 U.S.C. 253(c))] paragraph (2) of section 3304(a) of title 41, United States Code, to the 

minimum contract period necessary— 

* * * 

(c) COVERED CONTRACTS.—This section applies to any contract in 

an amount greater than the simplified acquisition threshold (as defined by [section 4 of the Office of Federal Procurement Policy Act 

(41 U.S.C. 403)] section 134 of title 41, United States Code) entered 

into by the Department to facilitate response to or recovery from 

a natural disaster, act of terrorism, or other man-made disaster. 

TITLE 7—AGRICULTURE 

§ 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 ACCORD- ANCE WITH GOVERNMENT CLASSIFICATION.—Provide that all 

tenders of cotton and settlements therefor under such contract shall be in accordance with the classification thereof 

made under the regulations of the Secretary by such officer or officers of the Government as shall be designated for 

the purpose, and the costs of such classification shall be 

fixed, assessed, collected, and paid as provided in such regulations and shall be credited to the account referred to in 

section 5 of the United States Cotton Standards Act (7 

U.S.C. 55). The Secretary may provide by regulation conditions under which cotton samples submitted or used in the 


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performance of services authorized by this act shall become the property of the United States and may be sold 

and the proceeds credited to the foregoing account: Provided, That such cotton samples shall not be subject to the 

provisions of [the Federal Property and Administrative 

Services Act of 1949 (40 U.S.C. 471 et seq.)] chapter 5 of 

title 40, United States Code. The Secretary is authorized to 

prescribe regulations for carrying out the purposes of this 

subparagraph and the certificates of the officers of the 

Government as to the classification of any cotton for the 

purposes of this subparagraph shall be accepted in the 

courts of the United States in all suits between the parties 

to such contract, or their privies, as prima facie evidence 

of the true classification of the cotton involved. 

§ 55(a) (United States Cotton Standards Act, § 5(a)). 

SEC. 5. (a) The Secretary of Agriculture shall cause to be collected such fees and charges for licenses issued to classifiers of cotton under section 3 of this Act, for determinations made under section 4 of this Act, and for the establishment of standards and sale 

of copies of standards under section 6 of this Act, as will cover, as 

nearly as practicable, and after taking into consideration net proceeds from any sale of samples, the costs incident to providing services and standards under such sections, including administrative 

and supervisory costs. The Secretary may provide by regulation 

conditions under which cotton samples submitted or used in the 

performance of services authorized by this chapter shall become the 

property of the United States and may be sold with the proceeds 

credited to the foregoing account: Provided, That such cotton samples shall not be subject to the provisions of [the Federal Property 

and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)] 

chapter 5 of title 40, United States Code. Any fees or charges, late 

payment penalties, or proceeds from the sales of samples collected 

under this subsection, and any interest earned through the investment of such funds shall be credited to the current appropriation 

account that incurs the costs of the services provided under this 

chapter, and shall remain available without fiscal year limitation 

to pay the expenses of the Secretary incident to providing services 

and standards under this Act and the United States Cotton Futures Act (7 U.S.C. 15b). Such funds may be invested by the Secretary in insured or fully collateralized, interest-bearing accounts 

or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. 

§ 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; 

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tions and appeal inspections; and the use of standard forms for official certificates. The Secretary may provide by regulation that samples obtained by or for employees of the Secretary for purposes of 

official inspection shall become the property of the United States, 

and such samples may be disposed of without regard to the provisions of [the Federal Property and Administrative Services Act of 

1949, as amended] chapter 5 of title 40, United States Code. 

§ 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 commodities and products thereof authorized by section 1 of this title, 

and to disseminate information relative thereto, and in addition to 

all other appropriations authorized by this title, there is authorized 

to be appropriated the following sums: (1) $3,000,000 for the fiscal year ending June 30, 1947, 

and each subsequent fiscal year. (2) An additional $3,000,000 for the fiscal year ending 

June 30, 1948, and each subsequent fiscal year. (3) An additional $3,000,000 for the fiscal year ending 

June 30, 1949, and each subsequent fiscal year. (4) An additional $3,000,000 for the fiscal year ending 

June 30, 1950, and each subsequent fiscal year. (5) An additional $3,000,000 for the fiscal year ending 

June 30, 1951, and each subsequent fiscal year. 

(6) In addition to the foregoing, such additional funds beginning with the fiscal year ending June 30, 1952, and 

thereafter, as the Congress may deem necessary. 

The Secretary of Agriculture, in accordance with such regulations 

as he deems necessary, and when in his judgment the work to be 

performed will be carried out more effectively, more rapidly, or at 

less cost than if performed by the Department of Agriculture, may 

enter into contracts with such public or private organizations or individuals as he may find qualified to carry on work under this section without regard to the provisions of [section 3709, Revised Statutes] section 6101 of title 41, United States Code, and with respect 

to such contracts he may make advance progress or other payments 

without regard to the provisions of section 3324(a) and (b) of title 

31. Contracts under this section may be made for work to continue 

not more than four years from the date of any such contract. Notwithstanding the provisions of section 5 of the Act of June 20, 

1874, as amended (31 U.S.C. 713), any unexpended balances of appropriations properly obligated by contracting with an organization 

as provided in this subsection may remain upon the books of the 

Treasury for not more than five fiscal years before being carried to 

the surplus fund and covered into the Treasury. Research authorized under this subsection shall be conducted so far as practicable 

at laboratories of the Department of Agriculture. Projects conducted under contract with public and private agencies shall be 

supplemental to and coordinated with research of these laboratories. Any contracts made pursuant to this authority shall contain 

requirements making the results of research and investigations 

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§ 1386 (Agricultural Adjustment Act of 1938, § 386) 

SEC. 386. The provisions of [section 3741 of the Revised Statutes, 

as amended (41 U.S.C., section 22) section 6306 of title 41, United 

States Code and sections 114 and 115 of the Criminal Code of the 

United States (U.S.C., 1934 edition, title 18, secs. 204 and 205) 

shall not be applicable to loans or payments made under this Act 

(except under section 383(a)). 

§ 1514(f) (Agricultural Adjustment Act of 1938, § 514(f)) 

SEC. 514. 

* * * 

(f) The provisions of [section 3741 of the Revised States, as 

amended (41 U.S.C., section 22) section 6306 of title 41, United 

States Code, shall not apply to any crop insurance agreements 

made under this subtitle. 

§ 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, chambers of commerce, other associations of business or trade organizations, transportation and storage agencies and organizations, or 

other persons or corporations engaged in the production, transportation, storing, processing, marketing, and distribution of agricultural products whether operating in one or more jurisdictions. The 

Secretary of Agriculture shall have authority to enter into contracts 

and agreements under the terms of regulations promulgated by 

him with States and agencies of States, private firms, institutions, 

and individuals for the purpose of conducting research and service 

work, making and compiling reports and surveys, and carrying out 

other functions relating thereto when in his judgment the services 

or functions to be performed will be carried out more effectively, 

more rapidly, or at less cost than if performed by the Department 

of Agriculture. Contracts hereunder may be made for work to be 

performed within a period not more than four years from the date 

of any such contract, and advance, progress, or other payments 

may be made. The provisions of [section 3648 (31 U.S.C., sec. 529) 

and section 3709 (41 U.SC., sec. 5 of the Revised Statutes] section 

3324(a) and (b) of title 31, United States Code, and section 6101 of 

title 41, United States Code, shall not be applicable to contracts or 

agreements made under the authority of this section. Any unexpended balances of appropriations obligated by contracts as authorized by this section may, notwithstanding the provisions of section 

5 of the Act of June 20, 1874, as amended (31 U.S.C., sec. 713), remain upon the books of the Treasury for not more than five fiscal 

years before being carried to the surplus fund and covered into the 

Treasury. Any contract made pursuant to this section shall contain 

requirements making the result of such research and investigations 

available to the public by such means as the Secretary of Agriculture shall determine. 


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* * * 

§ 1736a(c)(2) (Agricultural Trade Development and Assistance Act of 1954, § 407(c)(2)) 

SEC. 407. ADMINISTRATIVE PROVISIONS. 

* * * 

(c) TITLES II AND III PROGRAMS.— 

* * * 

(2) FREIGHT PROCUREMENT.— 

Notwithstanding the [Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)] provisions 

referred to in section 171(b) and (c) of title 41, United 

States Code, or other similar provisions of law relating to 

the making or performance of Federal Government contracts, ocean transportation under titles II and III may be 

procured on the basis of full and open competitive procedures. Resulting contracts may contain such terms and 

conditions as the Administrator determines are necessary 

and appropriate. 

§ 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 Administration or the Rural Development Administration; to bid for 

and purchase at any execution, foreclosure, or other sale or otherwise to acquire property upon which the United States has a lien 

by reason of a judgment or execution arising from, or which is 

pledged, mortgaged, conveyed, attached, or levied upon to secure 

the payment of, any such indebtedness whether or not such property is subject to other liens, to accept title to any property so purchased or acquired; and to sell, manage, or otherwise dispose of 

such property as hereinafter provided. 

* * * 

(c) SALE OF PROPERTY.— 

* * * 

(4) OTHER LAW.—The [Federal Property and Administrative 

Services Act of 1949 (40 U.S.C. 471 et seq.)] provisions referred 

to in section 171(b) and (c) of title 41, United States Code, shall 

not apply to any exercise of authority under this title. 


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§ 2208 note (Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 1998, § 716(a)) 

SEC. 716. HEREAFTER: (a) COMPLIANCE WITH [BUY AMERICAN

ACT] CHAPTER 83 OF TITLE 41, UNITED STATES CODE.—None of the 

funds made available in this Act may be expended by an entity unless the entity agrees that in expending the funds the entity will 

comply with [sections 2 through 4 of the Act of March 3, 1933 (41 

U.S.C. 10a–10c; popularly known as the ‘‘Buy American Act’’)] 

chapter 83 of title 41, United States Code. 

§ 2279b (Federal Agricultural Improvement and Reform Act 

of 1996, § 921) 

SEC. 921. DEPARTMENT OF AGRICULTURE EDUCATIONAL, TRAINING, AND PROFESSIONAL DEVELOPMENT ACTIVITIES 

* * * 

(h) ACQUISITION AND DISPOSAL OF PROPERTY.—In order to carry 

out the activities of the Graduate School, the Graduate School 

may— 

* * * 

(4) dispose of real and personal property without regard 

to [the Federal Property and Administrative Services Act 

of 1949 (40 U.S.C. 471 et seq.)] chapter 5 of title 40, United 

States Code. 

(i) CONTRACT AUTHORITY.—The Graduate School may enter into 

contracts without regard to the [Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq)] provisions referred 

to in section 171(b) and (cc) of title 41, United States Code or any 

other law that prescribes procedures for the procurement of property or services by an executive agency. 

§ 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 cooperative agreements to further the research, extension, or teaching programs in the food and agricultural sciences of the Department of Agriculture. This authority supplements all other laws relating to the Department of Agriculture and is not to be construed 

as limiting or repealing any existing authorities. 

* * * 

(e) Unless otherwise provided in this title, the Secretary may 

enter into contracts, grants, or cooperative agreements, as authorized by this section, without regard to any requirements for competition, the provisions of [section 3709 of the Revised Statutes (41 

U.S.C. 5), and the provisions of section 3648 of the Revised Statutes (31 U.S.C. 529)] section 6101 of title 41, United States Code, 

and the provisions of section 3324(a) and (b) of title 31, United 

States Code. 


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§ 5901 note (Farm Security and Rural Investment Act of 

2002, § 6201(b)(2)) 

SEC. 6201. ALTERNATIVE AGRICULTURAL RESEARCH 

AND COMMERCIALIZATION CORPORATION 

* * * 

(b) DISPOSITION OF ASSETS.—On the date of enactment of this 

Act— 

* * * 

(2) notwithstanding the [Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) provisions referred to in section 171(b) and (c) of title 41, United States 

Code, and any other law that prescribes procedures for procurement, use, and disposal of property by a Federal agency, 

the Secretary shall have authority to manage and dispose of 

the assets transferred under paragraph (1) in a manner that, 

to the maximum extent practicable, provides the best value to 

the Federal Government. 

TITLE 8—ALIENS AND NATIONALITY 

§ 1101 note (Afghan Allies Protection Act of 2009, § 602(c)(4)) 

SEC. 602. PROTECTION FOR AFGHAN ALLIES. 

* * * 

(c) INFORMATION REGARDING CITIZENS OR NATIONALS OF AFGHANISTAN EMPLOYED BY THE UNITED STATES OR FEDERAL CONTRACTORS IN AFGHANISTAN.— 

* * * 

(4) EXECUTIVE AGENCY DEFINED.—In this subsection, the 

term ‘‘executive agency’’ has the meaning given that term in 

[section 4 of the Office of Federal Procurement Policy Act (41 

U.S.C. 403)] section 133 of title 41, United States Code. 

§ 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 

[section 4(1) of the Office of Federal Procurement Policy Act 

(41 U.S.C. 403(1))] section 133 of title 41, United States Code. 


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§ 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 appropriate places of detention for aliens detained pending removal or a decision on removal. When United States Government facilities are unavailable or facilities adapted or suitably 

located for detention are unavailable for rental, the Attorney 

General may expend from the appropriation ‘‘Immigration and 

Naturalization Service—Salaries and Expenses’’, without regard to [section 3709 of the Revised Statutes, as amended (41 

U.S.C. 5)] section 6101 of title 41, United States Code, amounts 

necessary to acquire land and to acquire, build, remodel, repair, and operate facilities (including living quarters for immigration officers if not otherwise available) necessary for detention. 

§ 1355(a) (Immigration and Nationality Act, § 285(a)) 

SEC. 285 (a) Subject to such conditions and limitations as the Attorney General shall prescribe, all exclusive privileges of exchanging money, transporting passengers or baggage, keeping eating 

houses, or other like privileges in connection with any United 

States immigrant station, shall be disposed of to the lowest responsible and capable bidder (other than an alien) in accordance with 

the provision of [section 3709 of the Revised Statutes, as amended 

(41 U.S.C. 5),] section 6101 of title 41, United States Code, and for 

the use of Government property in connection with the exercise of 

such exclusive privileges a reasonable rental may be charged. The 

feeding of aliens, or the furnishing of any other necessary service 

in connection with any United States immigrant station, may be 

performed by the Service without regard to the foregoing provisions 

of this subsection if the Attorney General shall find that it would 

be advantageous to the Government in terms of economy and efficiency. No intoxicating liquors shall be sold at any immigrant station. 

§ 1363a(a)(1) (Immigration and Nationality Act, § 294(a)(1)) 

SEC. 294. (a) IN GENERAL.—With respect to any undercover investigative operation of the Service which is necessary for the detection and prosecution of crimes against the United States— 

(1) sums appropriated for the Service may be used for leasing space within the United States and the territories and possessions of the United States without regard to the following 

provisions of law: 

* * * 

(B) [section 373a(a) of the Revised Statutes (41 U.S.C. 

11(A))] section 6301(a) and (b)(1) through (3) of title 41, 

United States Code, 


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(C) [section 305 of the Act of June 30, 1949 (63 Stat. 

396; 41 U.S,C. 255)] chapter 45 of title 41, United States 

Code, 

* * * 

(F) [section 3741 of the Revised Statutes (41 U.S.C. 22)] 

section 6306 of title 41, United States Code, and 

(G) [subsections (a) and (c) of section 304 of the Federal 

Property and Administrative Services Act of 1949 (63 

U.S.C. 395; 41 U.S.C. 254(a) and (c))] section 3901 of title 

41, United States Code; 

TITLE 10—ARMED FORCES 

Public Law 111–350, § 5(b) 

SEC. 5. CONFORMING CROSS-REFERENCES. 

* * * 

(b) TITLE 10.—Title 10, United States Code, is amended as follows: 

* * * 

(34) In section [2461(c)(1)] 2461(d)(1), strike ‘‘section 2 of the 

Javits-Wagner-O’Day Act (41 U.S.C. 47)’’ and substitute ‘‘section 8503 of title 41’’. 

* * * 

(44) In section [2667(f)(1)] 2667(g)(1), strike ‘‘Notwithstanding [subsection (a)(3)] subsection (a)(2) or subtitle I of 

title 40 and . . . 

* * * 

(47) In section [2696(a)] 2696(b), strike . . . 

* * * 

(50) In section [2878(d)(2)] 2878(e)(2), strike . . . 

§ 1073 note (National Defense Authorization Act for Fiscal 

Year 1997, § 722(b)(2)) 

SEC. 722. INCLUSION OF DESIGNATED PROVIDERS IN 

UNIFORMED SERVICES HEALTH CARE DELIVERY SYSTEM. 

* * * 

(b) AGREEMENTS TO PROVIDE MANAGED HEALTH CARE SERVICES.—(1) After consultation with the other administering Secretaries, the Secretary of Defense shall negotiate and enter into an 

agreement with each designated provider under which the designated provider will provide health care services in or through 

managed care plans to covered beneficiaries who enroll with the 

designated provider. 


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(2) The agreement shall be entered into on a sole source basis. 

The Federal Acquisition Regulation, except for those requirements 

regarding competition, issued pursuant to [section 25(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)] section 

1303(a) of title 41, United States Code) shall apply to the agreements as acquisitions of commercial items. 

§ 1701 note (National Defense Authorization Act for Fiscal 

Year 2008, § 847) 

SEC. 847. REQUIREMENTS FOR SENIOR DEPARTMENT 

OF DEFENSE OFFICIALS SEEKING EMPLOYMENT WITH 

DEFENSE CONTRACTORS. 

(a) REQUIREMENT TO SEEK AND OBTAIN WRITTEN OPINION.— 

* * * 

(5) ADMINISTRATIVE ACTIONS.—In the event that an official or 

former official of the Department of Defense described in subsection (c), or a Department of Defense contractor, knowingly 

fails to comply with the requirements of this subsection, the 

Secretary of Defense may take any of the administrative actions set forth in [section 27(e) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(e))] section 2105 of title 41, 

United States Code that the Secretary of Defense determines 

to be appropriate. 

* * * 

(c) COVERED DEPARTMENT OF DEFENSE OFFICIALS.—An official or 

former official of the Department of Defense is covered by the requirements of this section if such official or former official— 

(1) participated personally and substantially in an acquisition as defined in [section 4(16) of the Office of Federal Procurement Policy Act] section 131 of title 41, United States Code 

with a value in excess of $10,000,000 and serves or served— 

* * * 

(d) DEFINITION.—In this section, the term ‘post-employment restrictions’ includes— 

(1) [section 27 of the Office of Federal Procurement Policy 

Act (41 U.S.C. 423)] chapter 21 of title 41, United States Code; 

§ 2013(a)(1) 

§ 2013. Training at non-Government facilities 

(a) AUTHORITY TO ENTER INTO AGREEMENTS.—(1) The Secretary 

concerned, without regard to [section 6101(b)–(d)] section 6101 of 

title 41, may make agreements or other arrangements for the 

training of members of the uniformed services under the jurisdiction of that Secretary by, in, or through non-Government facilities. 


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§ 2194(b)(2) 

§ 2194. Education partnerships 

* * * 

(b) Under a partnership agreement entered into with an educational institution under this section, the director of a defense laboratory may provide, and is encouraged to provide, assistance to 

the educational institution by— 

* * * 

(2) notwithstanding the provisions of [subtitle I of title 40 

and division C (except sections 3302, 3501(b), 3509, 3906, 4710, 

and 4711) of subtitle I] section 171(b) and (c) of title 41 or any 

provision of law or regulation relating to transfers of surplus 

property, transferring to the institution any computer equipment, or other scientific equipment, that is— 

§ 2302. Definitions 

In this chapter: 

* * * 

(7) The term ‘‘simplified acquisition threshold’’ has the meaning provided that term in section 134 of title 41, except that, 

in the case of any contract to be awarded and performed, or 

purchase to be made, outside the United States in support of 

a contingency operation or a humanitarian or peacekeeping operation, the term means an amount equal to two times the 

amount specified for that term in [section 4 of such Act] section 

134 of title 41. 

* * * 

(9) The term ‘‘nontraditional defense contractor’’, with respect to a procurement or with respect to a transaction authorized under section 2371(a) of this title, means an entity that 

is not currently performing and has not performed, for at least 

the one-year period preceding the solicitation of sources by the 

Department of Defense for the procurement or transaction, any 

of the following for the Department of Defense: 

(A) Any contract or subcontract that is subject to full 

coverage under the cost accounting standards prescribed 

pursuant to [section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 422)] chapter 15 of title 41 and 

the regulations implementing [such section] such chapter. 

§ 2302 note (Ike Skelton National Defense Authorization Act 

for Fiscal Year 2011, §§ 866, 893(f)(2)) 

SEC. 866. PILOT PROGRAM ON ACQUISITION OF MILITARY PURPOSE NONDEVELOPMENTAL ITEMS. 

* * * 

(b) CONTRACT REQUIREMENTS.—Each contract entered into under 

the pilot program— 


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* * * 

(4) shall be— 

(A) exempt from the requirement to submit certified cost 

or pricing data under section 2306a of title 10, United 

States Code, and the cost accounting standards under [section 26 of the Office of Federal Procurement Policy Act (41 

U.S.C. 422)] chapter 15 of title 41, United States Code; and 

* * * 

(e) DEFINITIONS.—In this section: 

* * * 

(2) The term ‘‘nondevelopmental item’’— 

(A) has the meaning given that term in [section 4(13) of 

the Office of Federal Procurement Policy Act (41 U.S.C. 

403(13))] section 110 of title 41, United States Code; and 

SEC. 893. CONTRACTOR BUSINESS SYSTEMS 

* * * 

(f) DEFINITIONS.—In this section: 

* * * 

(2) The term ‘‘covered contractor’’ means a contractor that is 

subject to the cost accounting standards under [section 26 of 

the Office of Federal Procurement Policy Act (41 U.S.C. 422)] 

chapter 15 of title 41, United States Code. 

§ 2302 note (National Defense Authorization Act for Fiscal 

Year 2008, § 862) 

SEC. 862. CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS IN AREAS OF COMBAT OPERATIONS 

OR OTHER SIGNIFICANT MILITARY OPERATIONS. 

* * * 

(b) CONTRACT CLAUSE ON CONTRACTORS PERFORMING PRIVATE

SECURITY FUNCTIONS.— 

(1) REQUIREMENT UNDER FAR.—Not later than 180 days after 

the date of the enactment of this Act, the Federal Acquisition 

Regulation issued in accordance with [section 25 of the Office 

of Federal Procurement Policy Act (41 U.S.C. 421)] section 

1303 of title 41, United States Code shall be revised to require 

the insertion into each covered contract (or, in the case of a 

task order, the contract under which the task order is issued) 

of a contract clause addressing the selection, training, equipping, and conduct of personnel performing private security 

functions under such contract. 

* * * 

(d) REMEDIES.—The failure of a contractor under a covered contract to comply with the requirements of the regulations prescribed 

under subsection (a) or the contract clause inserted in a covered 


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contract pursuant to subsection (b), as determined by the contracting officer for the covered contract— 

(1) shall be included in appropriate databases of past performance and considered in any responsibility determination or 

evaluation of the past performance of the contractor for the 

purpose of a contract award decision, as provided in [section 

6(j) of the Office of Federal Procurement Policy Act (41 U.S.C. 

405(j)] section 1126 of title 41, United States Code); 

§ 2302 note (John Warner National Defense Authorization 

Act for Fiscal Year 2007, § 832(d)(3)) 

SEC. 832. LIMITATION ON CONTRACTS FOR THE ACQUISITION OF CERTAIN SERVICES 

* * * 

(d) DEFINITIONS.—In this section: 

* * * 

(3) The term ‘‘service employees’’ has the meaning provided 

in [section 8(b) of the Service Contract Act of 1965 (41 U.S.C. 

357(b))] section 6701(3) of title 41, United States Code. 

§ 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 CONTRACTING.—Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation issued in accordance with [sections 6 and 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421)] sections 1121 and 1303 

of title 41, United States Code shall be revised to establish a preference for use of contracts and task orders for the purchase of services in the following order of precedence: 

* * * 

(e) DEFINITIONS.—In this section: 

* * * 

(2) The term ‘‘commercial item’’ has the meaning given the 

term in [section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))] section 103 of title 41, United 

States Code. 

§ 2302 note (National Defense Authorization Act for Fiscal 

Year 1996 (Public Law 104–106, § 822) 

SEC. 822. DEFENSE FACILITY-WIDE PILOT PROGRAM. 

* * * 

(d) CRITERIA FOR DESIGNATION OF PARTICIPATING FACILITIES.— The Secretary shall establish criteria for selecting a facility for designation as a participant in the pilot program. In developing such 

criteria, the Secretary shall consider the following: 


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(1) The number of existing and anticipated contracts and 

subcontracts performed at the facility— 

* * * 

(B) which are administered with the application of cost 

accounting standards under [section 26(f) of the Office of 

Federal Procurement Policy Act (41 U.S.C. 422(f))] section 

1502(a) and (b) of title 41, United States Code. 

* * * 

(e) NOTIFICATION.—(1) The Secretary shall transmit to the Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives a written notification of each facility proposed to be designated by the Secretary for 

participation in the pilot program. 

* * * 

(3)(A) The Secretary shall ensure that the management plan for 

a facility provides for attainment of the following objectives: 

* * * 

(B) The management plan for a facility shall also require that all 

or substantially all of the contracts to be awarded and performed 

at the facility after the designation of that facility under subsection 

(b), and all or substantially all of the subcontracts to be awarded 

under those contracts and performed at the facility after the designation, be— 

* * * 

(iii) awarded and administered without the application of 

cost accounting standards under [section 26(f) of the Office of 

Federal Procurement Policy Act (41 U.S.C. 422(f))] section 

1502(a) and (b) of title 41, United States Code. 

(f) EXEMPTION FROM CERTAIN REQUIREMENTS.—In the case of a 

contract or subcontract that is to be performed at a facility designated for participation in the defense facility-wide pilot program 

and that is subject to section 2306a of title 10, United States Code, 

or [section 26(f) of the Office of Federal Procurement Policy Act (41 

U.S.C. 422(f))] section 1502(a) and (b) of title 41, United States 

Code, the Secretary of Defense may exempt such contract or subcontract from the requirement to obtain certified cost or pricing 

data under such section 2306a or the requirement to apply mandatory cost accounting standards under [such section 26(f)] such section 1502(a) and (b) if the Secretary determines that the contract 

or subcontract— 

* * * 

(g) SPECIAL AUTHORITY.—The authority provided under subsection (a) includes authority for the Secretary of Defense— 


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* * * 

(2) to apply to a procurement of items other than commercial 

items under such program— 

(A) the authority provided in [section 34 of the Office of 

Federal Procurement Policy Act (41 U.S.C. 430)] section 

1906 of title 41, United States Code to waive a provision 

of law in the case of commercial items, and 

§ 2302 note (National Defense Authorization Act for Fiscal 

Year 1993, § 326(c)(2)) 

SEC. 326. ELIMINATION OF USE OF CLASS I OZONE-DEPLETING SUBSTANCES IN CERTAIN MILITARY PROCUREMENT CONTRACTS. 

* * * 

(c) DEFINITIONS.—In this section: 

* * * 

(2) The term ‘‘Federal Acquisition Regulation’’ means the single Government-wide procurement regulation issued under 

[section 25(c) of the Office of Federal Procurement Policy Act 

(41 U.S.C. 421(c))] section 1303(a) of title 41, United States 

Code. 

§ 2302 note (National Defense Authorization Act for Fiscal 

Years 1992 and 1993, § 806) 

SEC. 806. PAYMENT PROTECTIONS FOR SUBCONTRACTORS AND SUPPLIERS. 

* * * 

(b) INAPPLICABILITY TO CERTAIN CONTRACTS.—Regulations prescribed under this section shall not apply to a contract for the acquisition of commercial items (as defined in [section 4(12) of the Office of Federal Procurement Policy Act] section 103 of title 41, 

United States Code). 

(c) GOVERNMENT-WIDE APPLICABILITY.—The Federal Acquisition 

Regulatory Council (established by [section 25(a) of the Office of 

Federal Procurement Policy Act)] section 1302(a) of title 41, United 

States Code) shall modify the Federal Acquisition Regulation 

(issued pursuant to [section 25(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1))] section 1303(a)(1) of title 

41, United States Code to apply Government-wide the requirements 

that the Secretary is required under subsection (a) to prescribe in 

regulations applicable with respect to the Department of Defense 

contracts. 

§ 2302 note (National Defense Authorization Act for Fiscal 

Year 1991, § 831) 

SEC. 831. MENTOR-PROTEGE PILOT PROGRAM. 

* * * 

[(1) DEFINITIONS] (l) DEFINITIONS.—In this section: 


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* * * 

(8) The term ‘‘severely disabled individual’’ means an individual who has a physical or mental disability which constitutes a substantial handicap to employment and which, in 

accordance with criteria prescribed by the Committee for the 

Purchase From the Blind and Other Severely Handicapped established by [the first section of the Act of June 25, 1938 (41 

U.S.C. 46; popularly known as the ‘‘Wagner-O’Day Act’’)] section 8502 of title 41, United States Code, is of such a nature 

that the individual is otherwise prevented from engaging in 

normal competitive employment. 

§ 2302c note (Federal Acquisition Streamlining Act of 1994, 

§ 9002(c)) 

SEC. 9002. IMPLEMENTATON OF FACNET CAPABILITY IN 

ARMED SERVICES. 

* * * 

(c) EFFECTIVE DATE.—A FACNET capability may be implemented and used in an agency before the promulgation of regulations implementing this section (as provided in section 10002). If 

such implementation and use occurs, the period for submission of 

bids or proposals under [section 18(a)(3)(B) of the Office of Federal 

Procurement Policy Act] section 1708(e)(1)(B) of title 41, United 

States Code, in the case of a solicitation through FACNET, may be 

less than the period otherwise applicable under that section, but 

shall be at least 10 days. The preceding sentence shall not be in 

effect after September 30, 1995. 

§ 2304 note (National Defense Authorization Act for Fiscal 

Year 2008, § 821(b)(2)) 

SEC. 821. PLAN FOR RESTRICTING GOVERNMENTUNIQUE CONTRACT CLAUSES ON COMMERCIAL 

CLAUSES. 

* * * 

(b) COMMERCIAL CONTRACT.—In this section: 

* * * 

(2) The term ‘‘commercial item’’ has the meaning provided by 

[section 4(12) of the Office of Federal Procurement Policy Act 

(41 U.S.C. 403(12))] section 103 of title 41, United States Code. 

§ 2304 note (National Defense Authorization Act for Fiscal 

Year 1998, § 848(e)(1)) 

SEC. 848. REQUIREMENTS RELATING TO MICRO-PURCHASES. 

* * * 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘micro-purchase threshold’’ has the meaning 

provided in [section 32 of the Office of Federal Procurement 


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Policy Act (41 U.S.C. 428)] section 1902 of title 41, United 

States Code. 

§ 2304 note (Clinger-Cohen Act of 1996, § 4202(e)) 

SEC. 4202. APPLICATION OF SIMPLIFIED PROCEDURES 

TO CERTAIN COMMERCIAL ITEMS. 

* * * 

(e) EFFECTIVE DATE.—The authority to issue solicitations for purchases of commercial items in excess of the simplified acquisition 

threshold pursuant to the special simplified procedures authorized 

by [section 2304(g)(1) of title 10, United States Code, section 

303(g)(1) of the Federal Property and Administrative Services Act 

of 1949, and section 31(a) of the Office of Federal Procurement Policy Act, as amended by this section] section 2304(g)(1) of title 10, 

United States Code, as amended by this section, and sections 

1901(a) and 3305(a) of title 41, United States Code, as in effect on 

February 10, 1996, and amended by this section, shall expire January 1, 2012. Contracts may be awarded pursuant to solicitations 

that have been issued before such authority expires, notwithstanding the expiration of such authority. 

§ 2304b note (John Warner National Defense Authorization 

Act for Fiscal Year 2007, § 834) 

SEC. 834. WAIVERS TO EXTEND TAKS ORDER CONTRACTS FOR ADVISORY AND ASSISTANCE. 

* * * 

(b) CIVILIAN AGENCY CONTRACTS.— 

(1) WAIVER AUTHORITY.—The head of an executive agency 

may issue a waiver to extend a task order contract entered into 

under [section 303I of the Federal Property and Administrative 

Services Act of 1949 (41 U.S.C. 253i)] section 4105 of title 41, 

United States Code, for a period not exceeding 10 years, 

through five one-year options, if the head of the agency determines in writing— 

* * * 

(2) DELEGATION.—The authority of the head of an executive 

agency under paragraph (1) may be delegated only to the Chief 

Acquisition Officer of the agency (or the senior procurement executive in the case of an agency for which a Chief Acquisition 

Officer has not been appointed or designated under [section 

16(a) of the Office of Federal Procurement Policy Act (41 

U.S.C. 414(a))] section 1702(a) and (b)(1) and (2) of title 41, 

United States Code. 

(3) REPORT.—Not later than April 1, 2007, the Administrator 

for Federal Procurement Policy shall submit to the Committee 

on Homeland Security and Governmental Affairs of the Senate 

and the Committee on Government Reform of the House of 

Representatives a report on advisory and assistance services. 

The report shall include the following information: 

(A) The methods used by executive agencies to identify 

a contract as an advisory and assistance services contract, 


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as defined in [section 303I(i) of the Federal Property and 

Administrative Services Act of 1949 (41 U.S.C. 253i(i))] 

section 4105(a) of title 41, United States Code. 

* * * 

(d) COMPTROLLER GENERAL REVIEW.— 

* * * 

(2) DEFENSE AND CIVILIAN AGENCY CONTRACTS COVERED.— 

The report shall cover both of the following: 

* * * 

(B) Advisory and assistance services contracts as defined 

in [section 303I(i) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253i(i))] section 

4105(a) of title 41, United States Code. 

§ 2306a(b)(3)(B) 

§ 2306a. Cost or pricing data: truth in negotiations 

* * * 

(b) EXCEPTIONS.— 

* * * 

(3) NONCOMMERCIAL MODIFICATIONS OF COMMERCIAL

ITEMS.—(A) The exception in paragraph (1)(B) does not apply 

to cost or pricing data on noncommercial modifications of a 

commercial item that are expected to cost, in the aggregate, 

more than the amount specified in subsection (a)(1)(A)(i), as 

adjusted from time to time under subsection (a)(7), or 5 percent 

of the total price of the contract (at the time of contract 

award), whichever is greater. 

(B) In this paragraph, the term ‘‘noncommercial modification’’, with respect to a commercial item, means a modification 

of such item that is not a modification described in [section 

4(12)(C)(i) of the Office of Federal Procurement Policy Act (41 

U.S.C. 403(12)(C)(i))] section 103(3)(A) of title 41. 

§ 2306a note (Bob Stump National Defense Authorization Act 

for Fiscal Year 2003, § 817(e)(1)(B)) 

SEC. 817. GRANTS OF EXCEPTIONS TO COST OR PRICING 

DATA CERTIFICATION REQUIREMENTS AND WAIVERS 

OF COST ACCOUNTING STANDARDS. 

* * * 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘exceptional case exception or waiver’’ means 

either of the following: 

* * * 

(B) A waiver pursuant to [section 26(f)(5)(B) of the Office 

of Federal Procurement Policy Act (41 U.S.C. 422(f)(5)(B))] 


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section 1502(b)(3)(B) of title 41, United States Code, relating to the applicability of cost accounting standards to contracts and subcontracts. 

§ 2306a note (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, § 803) 

SEC. 803. DEFENSE COMMERCIAL PRICING MANAGEMENT IMPROVEMENT. 

(a) MODIFICATION OF PRICING REGULATIONS FOR CERTAIN COMMERCIAL ITEMS EXEMPT FROM COST OR PRICING DATA CERTIFICATION REQUIREMENTS.—(1) The Federal Acquisition Regulation 

issued in accordance with [sections 6 and 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 405, 421)] sections 1121 

and 1303 of title 41, United States Code shall be revised to clarify 

the procedures and methods to be used for determining the reasonableness of prices of exempt commercial items (as defined in subsection (d)). 

(2) The regulations shall, at a minimum, provide specific guidance on— 

* * * 

(D) the meaning and appropriate application of the term 

‘‘purposes other than governmental purposes’’ in [section 4(12) 

of the Office of Federal Procurement Policy Act (41 U.S.C. 

403(12))] section 103 of title 41, United States Code. 

* * * 

(d) EXEMPT COMMERCIAL ITEMS DEFINED.—For the purposes of 

this section, the term ‘‘exempt commercial item’’ means a commercial item that is exempt under subsection (b)(1)(B) of section 2306a 

of title 10, United States Code, or [subsection (b)(1)(B) of section 

304A of the Federal Property and Administrative Services Act of 

1949 (41 U.S.C. 254b)] section 3503(a)(2) of title 41, United States 

Code, from the requirements for submission of certified cost or pricing data under that section. 

§ 2314 

§ 2314. Laws inapplicable to agencies named in section 2303 

of this title 

[Sections 6101(b)–(d)] Sections 6101 and 6304 of title 41 do not 

apply to the procurement or sale of property or services by the 

agencies named in section 2303 of this title. 

§ 2315 note (National Defense Authorization Act for Fiscal 

Year 1995, § 1075(b)(3)) 

SEC. 1075. LIMITATION REGARDING TELECOMMUNICATIONS REQUIREMENTS. 

* * * 

(b) DEFINITIONS.—In this section: 


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* * * 

(3) The term ‘‘procurement’’ has the meaning given such 

term in [section 4 of the Office of Federal Procurement Policy 

Act (41 U.S.C. 403)] section 111 of title 41, United States Code. 

§ 2321(f)(2) 

§ 2321. Validation of proprietary data restrictions 

* * * 

(f) PRESUMPTION OF DEVELOPMENT EXCLUSIVELY AT PRIVATE EXPENSE.—(1) Except as provided in paragraph (2), in the case of a 

challenge to a use or release restriction that is asserted with respect to technical data of a contractor or subcontractor under a contract for commercial items, the contracting officer shall presume 

that the contractor or subcontractor has justified the restriction on 

the basis that the item was developed exclusively at private expense, whether or not the contractor or subcontractor submits a 

justification in response to the notice provided pursuant to subsection (d)(3). In such a case, the challenge to the use or release 

restriction may be sustained only if information provided by the 

Department of Defense demonstrates that the item was not developed exclusively at private expense. 

(2) In the case of a challenge to a use or release restriction that 

is asserted with respect to technical data of a contractor or subcontractor (other than technical data for a commercially available offthe-shelf item as defined in [section 35(c) of the Office of Federal 

Procurement Policy Act (41 U.S.C. 431(c))] section 104 of title 41) 

for a major system or a subsystem or component thereof on the 

basis that the major system, subsystem or component was developed exclusively at private expense, the challenge to the use or release restriction shall be sustained unless information provided by 

the contractor or subcontractor demonstrates that the item was developed exclusively at private expense. 

§ 2323 note (National Defense Authorization Act for Fiscal 

Year 1999, § 811(d)(2)) 

SEC. 811. CONTRACT GOAL FOR DISADVANTAGED 

SMALL BUSINESSES AND CERTAIN INSTITUTIONS OF 

HIGHER EDUCATION. 

* * * 

(d) IMPLEMENTING REGULATIONS.—(1) The Secretary of Defense 

shall propose amendments to the Department of Defense Supplement to the Federal Acquisition Regulation that address the matters described in subsection (g) and subsection (h)(2) of section 

2323 of title 10, United States Code. 

(2) Not later than 15 days after the date of the enactment of this 

Act, the Secretary shall publish such proposed amendments in accordance with [section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b)] section 1707 of title 41, United States 

Code. The Secretary shall provide a period of at least 60 days for 

public comment on the proposed amendments. 


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§ 2324 note (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, § 804(d)) 

SEC. 804. MODIFICATION OF SENIOR EXECUTIVES COVERED BY LIMITATION ON ALLOWABILITY OF COMPENSATION FOR CERTAIN CONTRACTOR PERSONNEL. 

* * * 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to costs of compensation of senior executives incurred after January 1, 1999, under covered contracts (as 

defined in section 2324(l) of title 10, United States Code, and [section 306(l) of the Federal Property and Administrative Services Act 

of 1949 (41 U.S.C.256(l))] section 4301(2) of title 41, United States 

Code, entered into before, on, or after the date of the enactment of 

this Act. 

§ 2324 note (John Warner National Defense Authorization 

Act for Fiscal Year 2007, § 852(b)(2)(A)(ii)) 

SEC. 852. REPORT AND REGULATIONS ON EXCESSIVE 

PASS-THROUGH CHARGES. 

* * * 

(b) REGULATIONS REQUIRED.— 

* * * 

(2) SCOPE OF REGULATIONS.—The regulations prescribed 

under this subsection— 

(A) shall not apply to any firm, fixed-price contract or 

subcontract (or task or delivery order) that is— 

* * * 

(ii) for the acquisition of a commercial item, as defined in [section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))] section 103 of title 

41, United States Code; and 

§ 2330 note (National Defense Authorization Act for Fiscal 

Year 2008, § 805(c)(1)) 

SEC. 805. PROCUREMENT OF COMMERCIAL SERVICES. 

* * * 

(c) TIME-AND-MATERIALS CONTRACTS.— 

(1) COMMERCIAL ITEM ACQUISITIONS.—The regulations modified pursuant to subsection (a) shall ensure that procedures applicable to time-and-materials contracts and labor-hour contracts for commercial item acquisitions may be used only for 

the following: 

(A) Services procured for support of a commercial item, 

as described in [section 4(12)(E) of the Office of Federal 

Procurement Policy Act (41 U.S.C. 403(12)(E))] section 

103(5) of title 41, United States Code. 


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* * * 

(C) Any other commercial services only to the extent 

that the head of the agency concerned approves a determination in writing by the contracting officer that— 

(i) the services to be acquired are commercial services as defined in [section 4(12)(F) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(F))] 

section 103(6) of title 41, United States Code; 

§ 2330 note (National Defense Authorization Act for Fiscal 

Year 2002, § 801(f)(1)) 

SEC. 801. MANAGEMENT OF PROCUREMENT OF SERVICES. 

* * * 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘senior procurement executive’’ means the official designated as the senior procurement executive under [section 16(3) of the Office of Federal Procurement Policy Act (41 

U.S.C. 414(3))] section 1702(c)(1) and (2) of title 41, United 

States Code. 

§ 2358 note (National Defense Authorization Act for Fiscal 

Year 2004, § 1601(c)) 

SEC. 1601. RESEARCH AND DEVELOPMENT OF DEFENSE 

BIOMEDICAL COUNTERMEASURES. 

* * * 

(c) EXPEDITED PROCUREMENT AUTHORITY.—(1) For any procurement of property or services for use (as determined by the Secretary) in performing, administering, or supporting biomedical 

countermeasures research and development, the Secretary may, 

when appropriate, use streamlined acquisition procedures and 

other expedited procurement procedures authorized in— 

(A) [section 32A of the Office of Federal Procurement Policy 

Act, as added by section 1443 of this Act] section 1903 of title 

41, United States Code; and 

* * * 

(2) Notwithstanding paragraph (1) and the provisions of law referred to in such paragraph, each of the following provisions shall 

apply to the procurements described in this subsection to the same 

extent that such provisions would apply to such procurements in 

the absence of paragraph (1): 

* * * 

(B) [Subsections (a) and (b) of section 7 of the Anti-Kickback 

Act of 1986 (41 U.S.C. 57(a) and (b))] section 8703(a) of title 41, 

United States Code. 


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§ 2359a(h) 

§ 2359a. Technology Transition Initiative 

* * * 

(h) DEFINITION.—In this section, the term ‘‘acquisition executive’’, 

with respect to a military department or Defense Agency, means 

the official designated as the senior procurement executive for that 

military department or Defense Agency for the purposes of [section 

16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 

414(c))] section 110 of title 41. 

§ 2359b 

§ 2359b. Defense Acquisition Challenge Program 

* * * 

(k) PILOT PROGRAM FOR PROGRAMS OTHER THAN MAJOR DEFENSE

ACQUISITION PROGRAMS.— 

* * * 

(4) DEFINITIONS.—In this subsection: 

(A) NONDEVELOPMENTAL ITEM.—The term ‘‘nondevelopmental item’’ has the meaning given that term in [section 

4 of the Office of Federal Procurement Policy Act (41 

U.S.C. 403) section 110 of title 41. 

§ 2371 note (National Defense Authorization Act for Fiscal 

Year 1994, § 845) 

SEC. 845. AUTHORITY OF THE ADVANCED RESEARCH 

PROJECTS AGENCY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS. 

(a) AUTHORITY.—(1) Subject to paragraph (2), the Director of the 

Defense Advanced Research Projects Agency, the Secretary of a 

military department, or any other official designated by the Secretary of Defense may, under the authority of section 2371 of title 

10, United States Code, carry out prototype projects that are directly relevant to weapons or weapon systems proposed to be acquired or developed by the Department of Defense, or to improvement of weapons or weapon systems in use by the Armed Forces. 

(2) The authority of this section— 

(A) may be exercised for a prototype project that is expected 

to cost the Department of Defense in excess of $20,000,000 but 

not in excess of $100,000,000 (including all options) only upon 

a written determination by the senior procurement executive 

for the agency (as designated for the purpose of [section 16(c) 

of the Office of Federal Procurement Policy Act (41 U.S.C. 

414(c))] section 1702(c) of title 41, United States Code or, for 

the Defense Advanced Research Projects Agency or the Missile 

Defense Agency, the director of the agency that— 

* * * 

(d) APPROPRIATE USE OF AUTHORITY.—(1) The Secretary of Defense shall ensure that no official of an agency enters into a transVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00040 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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action (other than a contract, grant, or cooperative agreement) for 

a prototype project under the authority of this section unless— 

* * * 

(B) no nontraditional defense contractor is participating to a 

significant extent in the prototype project, but at least one of 

the following circumstances exists: 

* * * 

(ii) The senior procurement executive for the agency (as 

designated for the purposes of [section 16(3) of the Office 

of Federal Procurement Policy Act 41 U.S.C. 414(3))] section 1702(c)(1) and (2) of title 41, United States Code) determines in writing that exceptional circumstances justify 

the use of a transaction that provides for innovative business arrangements or structures that would not be feasible 

or appropriate under a contract. 

* * * 

(e) PILOT PROGRAM FOR TRANSITION TO FOLLOW-ON CONTRACTS.—(1) The Secretary of Defense is authorized to carry out a 

pilot program for follow-on contracting for the production of items 

or processes developed under prototype projects carried out under 

this section or research projects carried out pursuant to section 

2371 of title 10, United States Code. 

(2) Under the pilot program— 

(A) a qualifying contract for the procurement of such an item 

or process, or a qualifying subcontract under a contract for the 

procurement of such an item or process, may be treated as a 

contract or subcontract, respectively, for the procurement of 

commercial items, as defined in [section 4(12) of the Office of 

Federal Procurement Policy Act (41 U.S.C. 403(12))] section 

103 of title 41; and 

* * * 

(h) APPLICABILITY OF PROCUREMENT ETHICS REQUIREMENTS.—An 

agreement entered into under the authority of this section shall be 

treated as a Federal agency procurement for the purposes of [section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 

423) chapter 21 of title 41, United States Code. 

§ 2375 note (Federal Acquisition Streamlining Act of 1994, 

§ 8304(5)) 

SEC. 8304. PROVISIONS NOT AFFECTED. 

Nothing in this title shall be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under— 

* * * 

(5) [the Javits-Wagner-O’Day Act (41 U.S.C. 46–48c) chapter 

85 of title 41, United States Code. 


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§ 2379 

§ 2379. Requirement for determination by Secretary of Defense and notification to Congress before procurement of major weapon systems as commercial 

items 

(a) REQUIREMENT FOR DETERMINATION AND NOTIFICATION.—A 

major weapon system of the Department of Defense may be treated 

as a commercial item, or purchased under procedures established 

for the procurement of commercial items, only if— 

(1) the Secretary of Defense determines that— 

(A) the major weapon system is a commercial item, as 

defined in [section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))] section 103 of title 41; 

and 

* * * 

(b) TREATMENT OF SUBSYSTEMS AS COMMERCIAL ITEMS.—A subsystem of a major weapon system (other than a commercially available off-the-shelf item as defined in [section 35(c) of the Office of 

Federal Procurement Policy Act (41 U.S.C. 431(c))] section 104 of 

title 41) shall be treated as a commercial item and purchased under 

procedures established for the procurement of commercial items 

only if— 

* * * 

(2) the contracting officer determines in writing that— 

(A) the subsystem is a commercial item, as defined in 

[section 4(12) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 403(12))] section 103 of title 41; and 

* * * 

(c) TREATMENT OF COMPONENTS AND SPARE PARTS AS COMMERCIAL ITEMS.—(1) A component or spare part for a major weapon 

system (other than a commercially available off-the-shelf item as 

defined in [section 35(c) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 431(c))] section 104 of title 41) may be treated as a 

commercial item for the purposes of section 2306a of this title only 

if— 

* * * 

(B) the contracting officer determines in writing that— 

(i) the component or spare part is a commercial item, as 

defined in [section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))] section 103 of title 41; 

and 

§ 2382 

§ 2382. Consolidation of contract requirements: policy and 

restrictions 

* * * 

(c) DEFINITIONS.—In this section: 


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* * * 

(2) The term ‘‘multiple award contract’’ means— 

* * * 

(B) a multiple award task order contract or delivery 

order contract that is entered into under the authority of 

sections 2304a through 2304d of this title or [sections 

303H through 303K of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253h through 

253k)] sections 4101, 4103, 4105, and 4106 of title 41; and 

* * * 

(3) The term ‘‘senior procurement executive concerned’’ 

means— 

(A) with respect to a military department, the official 

designated under [section 16(c) of the Office of Federal 

Procurement Policy Act (41 U.S.C. 414(c))] section 1702(c) 

of title 41 as the senior procurement executive for the military department; or 

§ 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 payment under shipbuilding contracts that have been or are submitted 

before, on, or after the date of the enactment of this Act. 

(2) Section 2405 of title 10, United States Code, as in effect immediately before the date of the enactment of this Act, shall continue to apply to a contractor’s claim, request for equitable adjustment, or demand for payment under a shipbuilding contract that 

was submitted before such date if— 

(A) a contracting officer denied the claim, request, or demand, and the period for appealing the decision to a court or 

board under [the Contract Disputes Act of 1978] chapter 71 of 

title 41, United States Code expired before such date; 

§ 2410d note (Department of Defense Appropriations Act, 

2004, § 8025(c)) 

SEC. 8025. (a) Of the funds for the procurement of supplies or 

services appropriated by this Act and hereafter, qualified nonprofit 

agencies for the blind or other severely handicapped shall be afforded the maximum practicable opportunity to participate as subcontractors and suppliers in the performance of contracts let by the 

Department of Defense. 

* * * 

(c) For the purpose of this section, the phrase ‘‘qualified nonprofit 

agency for the blind or other severely handicapped’’ means a nonVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00043 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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profit agency for the blind or other severely handicapped that has 

been approved by the Committee for the Purchase from the Blind 

and Other Severely Handicapped under [the Javits-Wagner-O’Day 

Act (41 U.S.C. 46–48)] chapter 85 of title 41, United States Code. 

§ 2410m(b)(1)(B)(ii) 

§ 2410m. Retention of amounts collected from contractor 

during the pendency of contract dispute 

* * * 

(b) PERIOD OF AVAILABILITY.—(1) The period of availability of an 

amount under subsection (a), in connection with a claim— 

* * * 

(B) if not expiring under subparagraph (A), expires— 

* * * 

(ii) in the case of a judgment rendered on the claim in 

an appeal to the Armed Services Board of Contract Appeals under [section 7 of the Contract Disputes Act of 

1978] section 7104(a) of title 41 or an action in a court of 

the United States, 180 days after the date on which the 

judgment becomes final and not appealable. 

§ 2461(d)(1) 

§ 2461. Public-private competition required before conversion to contractor performance 

* * * 

(d) EXEMPTION FOR THE PURCHASE OF PRODUCTS AND SERVICES

OF THE BLIND AND OTHER SEVERELY HANDICAPPED PERSONS.—This 

section shall not apply to a commercial or industrial type function 

of the Department of Defense that— 

(1) is included on the procurement list established pursuant 

to [section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47)] 

section 8503 of title 41; or 

§ 2501 note (National Defense Authorization Act for Fiscal 

Year 2004, § 812(b)(2)) 

SEC. 812. ASSESSMENT AND ANNUAL REPORT OF 

UNITED STATES DEFENSE INDUSTRIAL BASE CAPABILITIES AND ACQUISITIONS OF ARTICLES, MATERIALS, 

AND SUPPLIES MANUFACTURED OUTSIDE THE UNITED 

STATES. 

* * * 

(b) USE OF EXISTING DATA.—(1) At a minimum, with respect to 

each prime contract with a value greater than $25,000 for the procurement of defense items and components, the following information from existing sources shall be used for purposes of the assessment program: 


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* * * 

(2) The Federal Procurement Data System described in [section 

6(d)(4)(A) of the Office of Federal Procurement Policy Act (41 

U.S.C. 405(d)(4)(A))] section 1122(a)(4)(A) of title 41, United States 

Code, or any successor system, shall collect from contracts described in paragraph (1) the information specified in that paragraph. 

§ 2533a note (Department of Defense Appropriations Act. 

2005, § 8118) 

SEC. 8118. Notwithstanding any other provision of law, section 

2533a(f) of title 10, United States Code, shall hereafter not apply 

to any fish, shellfish, or seafood product. This section applies to 

contracts and subcontracts for the procurement of commercial 

items notwithstanding [section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)] section 1906 of title 41, United 

States Code. 

§ 2533b 

§ 2533b. Requirement to buy strategic materials critical to 

national security from American sources; exceptions 

* * * 

(h) APPLICABILITY TO ACQUISITIONS OF COMMERCIAL ITEMS.—(1) 

Except as provided in paragraphs (2) and (3), this section applies 

to acquisitions of commercial items, notwithstanding [sections 34 

and 35 of the Office of Federal Procurement Policy Act (41 U.S.C. 

430 and 431)] sections 1906 and 1907 of title 41. (2) This section does not apply to contracts or subcontracts for 

the acquisition of commercially available off-the-shelf items, as defined in [section 35(c) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 431(c))] section 104 of title 41, other than— 

* * * 

(m) ADDITIONAL DEFINITIONS.—In this section: 

* * * 

(2) The term ‘‘component’’ has the meaning provided in [section 4 of the Office of Federal Procurement Policy Act (41 

U.S.C. 403)] section 105 of title 41. (3) The term ‘‘acquisition’’ has the meaning provided in [section 4 of the Office of Federal Procurement Policy Act (41 

U.S.C. 403)] section 131 of title 41. 

* * * 

(5) The term ‘‘commercially available off-the-shelf’’ has the 

meaning provided in [section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))] section 104 of title 41. 

§ 2534 note (Ike Skelton National Defense Authorization Act 

for Fiscal Year 2011, § 846(a)) 

SEC. 846. PROCUREMENT OF PHOTOVOLTAIC DEVICES. 


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(a) CONTRACT REQUIREMENT.—The Secretary of Defense shall ensure that each contract described in subsection (b) awarded by the 

Department of Defense includes a provision requiring the photovoltaic devices provided under the contract to comply with [the Buy 

American Act (41 U.S.C. 10a et seq.)] chapter 83 of title 41, United 

States Code, subject to the exceptions to [that Act] that chapter 

provided in the Trade Agreements Act of 1979 (19 U.S.C. 2501 et 

seq.) or otherwise provided by law. 

§ 2545(1) 

§ 2545. Definitions 

In this chapter: 

(1) The term ‘‘acquisition’’ has the meaning provided in [section 4(16) of the Office of Federal Procurement Policy Act (41 

U.S.C. 403(16))] section 131 of title 41. 

§ 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 foreign country or international organization pursuant to part II of 

the Foreign Assistance Act of 1961 (22 U.S.C. 2301 et seq.) or section 21 of the Arms Export Control Act (22 U.S.C. 2761) only if— 

(1) no department or agency of the Federal Government 

(other than the Department of Defense), no State, and no other 

person or entity eligible to receive excess or surplus property 

under [subtitle I of title 40 and division C (except sections 

3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I] the 

provisions of section 171(b) and (c) of title 41 submits to the 

Defense Reutilization and Marketing Service a request for such 

equipment during the period for which the Defense Reutilization and Marketing Service accepts such a request; or 

§ 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 exceeding .30, ammunition for such firearms, gas masks, personal 

protective equipment, and other appropriate equipment which (1) 

are suitable for use by such agencies in carrying out law enforcement, firefighting, homeland security, and emergency management 

activities, and (2) have been determined to be surplus property 

under [subtitle I of title 40 and division C (except sections 3302, 

3501(b), 3509, 3906, 4710, and 4711) of subtitle I] the provisions of 

section 171(b) and (c) of title 41. 


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§ 2664(a) 

§ 2664. Limitations on real property acquisition 

(a) AUTHORIZATION FOR ACQUISITION REQUIRED.—No military department may acquire real property not owned by the United 

States unless the acquisition is expressly authorized by law. The 

foregoing limitation shall not apply to the acceptance by a military 

department of real property acquired under the authority of the 

Administrator of General Services to acquire property by the exchange of Government property pursuant to [subtitle I of title 40 

and title III of the Federal Property and Administrative Services 

Act of 1949 (41 U.S.C. 251 et seq.)] the provisions of section 171(b) 

and (c) of title 41. 

§ 2667(g)(1) 

§ 2667. Leases: non-excess property of military departments 

and Defense Agencies 

* * * 

(g) SPECIAL RULES FOR BASE CLOSURE AND REALIGNMENT PROPERTY.—(1) Notwithstanding [subsection (a)(2) or subtitle I of title 

40 and title III of the Federal Property and Administrative Services Act of 1949 (to the extent subtitle I and title III are inconsistent with this subsection)] chapter 5 of title 40 (to the extent such 

chapter is inconsistent with this subsection) or subsection (a)(3), 

pending the final disposition of real property and personal property 

located at a military installation to be closed or realigned under a 

base closure law, the Secretary concerned may lease the property 

to any individual or entity under this subsection if the Secretary 

determines that such a lease would facilitate State or local economic adjustment efforts. 

§ 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 Administrator of General Services shall delegate to the Secretary of Defense, with respect to excess and surplus real property, facilities, 

and personal property located at a military installation closed or 

realigned under this part— 

* * * 

(2)(A) Subject to subparagraph (B) and paragraphs (3), (4), (5), 

and (6), the Secretary of Defense shall exercise the authority delegated to the Secretary pursuant to paragraph (1) in accordance 

with— 

(i) all regulations governing the utilization of excess property 

and the disposal of surplus property under [the Federal Property and Administrative Services Act of 1949] chapter 5 of title 

40, United States Code; and 


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§ 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 Administrator of General Services shall delegate to the Secretary, with respect to excess and surplus real property, facilities, and personal 

property located at a military installation closed or realigned under 

this title— 

* * * 

(2)(A) Subject to subparagraph (B), the Secretary shall exercise 

authority delegated to the Secretary pursuant to paragraph (1) in 

accordance with— 

(i) all regulations in effect on the date of the enactment of 

this title governing utilization of excess property and disposal 

of surplus property under [the Federal Property and Administrative Services Act of 1949] chapter 5 of title 40, United States 

Code; and 

§ 2691(b) 

§ 2691. Restoration of land used by permit or lease 

* * * 

(b) Unless otherwise prohibited by law or the terms of the permit 

or lease, before restoration of any land under subsection (a) is 

begun, the Secretary concerned shall determine, under the provisions of [subtitle I of title 40 and division C (except sections 3302, 

3501(b), 3509, 3906, 4710, and 4711) of subtitle I] section 171(b) 

and (c) of title 41, whether another military department or Federal 

agency has a use for the land in its existing, improved state. During the period required to make such a determination, the Secretary may provide for maintenance and repair of improvements on 

the land to the standards established for excess property by the 

Administrator of General Services. 

§ 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 authorized or required to be conveyed, whether for or without consideration, by any provision of law enacted after December 31, 1997, 

unless the Administrator of General Services has screened the 

property for further Federal use in accordance with [subtitle I of 

title 40 and title III of the Federal Property and Administrative 

Services Act of 1949 (41 U.S.C. 251 et seq.)] chapter 5 of title 40. 


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§ 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 family housing facility under this section: 

(1) [Subtitle I of title 40 and division C (except sections 3302, 

3501(b), 3509, 3906, 4710, and 4711) of subtitle I] Section 

171(b) and (c) of title 41. 

§ 2878(e)(2) 

§ 2878. Conveyance or lease of existing property and facilities 

* * * 

(e) INAPPLICABILITY OF CERTAIN PROPERTY MANAGEMENT LAWS.— 

The conveyance or lease of property or facilities under this section 

shall not be subject to the following provisions of law: 

* * * 

(2) [Subtitle I of title 40 and title III of the Federal Property 

and Administrative Services Act of 1949 (41 U.S.C. 251 et 

seq.)] chapter 5 of title 40. 

§ 7305(d) 

§ 7305. Vessels stricken from Naval Vessel Register: sale 

* * * 

(d) APPLICABILITY.—This section does not apply to a vessel the 

disposal of which is authorized by [subtitle I of title 40 and division 

C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of 

subtitle I] the provisions of section 171(b) and (c) of title 41, if it 

is to be disposed of under those provisions. 

§ 7312(f) 

§ 7312. Service craft stricken from Naval Vessel Register; obsolete boats: use of proceeds from exchange or sale 

* * * 

(f) INAPPLICABILITY OF ADVERTISING REQUIREMENT.—[Section 

3709 of the Revised Statutes (41 U.S.C. 5)] Section 6101 of title 41 

does not apply to sales of service craft and boats described in subsection (a). 

§ 7420 note (National Defense Authorization Act for Fiscal 

Year 1996, § 3412(k)) 

SEC. 3412. SALE OF NAVAL PETROLEUM RESERVE NUMBERED 1. 


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* * * 

(k) ACQUISITION OF SERVICES.—The Secretary may enter into 

contracts for the acquisition of services required under this section 

under the authority of [paragraph (7) of section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 

253(c))] section 3304(a)(7) of title 41, United States Code, except 

that the notification required under subparagraph (B) of such paragraph [now 41 U.S.C. 3304(a)(7)(B)] for each contract shall be submitted to Congress not less than 7 days before the award of the 

contract. 

§ 9444(b)(1) 

§ 9444. Activities performed as auxiliary of the Air Force 

* * * 

(b) FORMS OF AIR FORCE SUPPORT.—The Secretary of the Air 

Force may, under subsection (a)— 

(1) give, lend, or sell to the Civil Air Patrol without regard 

to [subtitle I of title 40 and division C (except sections 3302, 

3501(b), 3509, 3906, 4710, and 4711) of subtitle I] the provisions of section 171(b) and (c) of title 41— 

§ 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 [subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I] the 

provisions of section 171(b) and (c) of title 41. 

TITLE 12—BANKS AND BANKING 

§ 90 (Section 5153 of the Revised Statutes) 

SEC. 5153. All national banking associations, designated for that 

purpose by the Secretary of the Treasury, shall be depositaries of 

public money, under such regulations as may be prescribed by the 

Secretary; and they may also be employed as financial agents of 

the Government; and they shall perform all such reasonable duties, 

as depositaries of public money and financial agents of the Government, as may be required of them. The Secretary of the Treasury 

shall require the associations thus designated to give satisfactory 

security, by the deposit of United States bonds and otherwise, for 

the safe-keeping and prompt payment of the public money deposited with them, and for the faithful performance of their duties as 

financial agents of the Government: Provided, That the Secretary 

shall, on or before the 1st of January of each year, make a public 

statement of the securities required during that year for such deposits. And every association so designated as receiver or depositary of the public money shall take and receive at par all of the 


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national currency bills, by whatever association issued, which have 

been paid into the Government for internal revenue, or for loans 

or stocks: Provided, That the Secretary of the Treasury shall distribute the deposits herein provided for, as far as practicable, equitably between the different States and sections. 

* * * 

Notwithstanding the [Federal Property and Administrative Services Act of 1949, as amended] provisions referred to in section 

171(b) and (c) of title 41, United States Code, the Secretary may select associations as financial agents in accordance with any process 

the Secretary deems appropriate and their reasonable duties may 

include the provision of electronic benefit transfer services (including State-administered benefits with the consent of the States), as 

defined by the Secretary. 

§ 1141b(7) (Agricultural Marketing Act, § 4(7)) 

SEC. 4. THE BOARD— 

* * * 

(7) may sell at public or private sale to the highest responsible 

bidder, upon such terms and after such public advertisement 

as the Farm Credit Administration may deem in the public interest, any property, real or personal, or any interest therein, 

acquired by the United States on account of or as a result of 

any loans made from the revolving fund authorized by section 

6 of this Act; may lease any such property, pending its sale, 

on such terms and for such period, not in excess of five years, 

as the Farm Credit Administration may deem in the public interest; and may incur and pay, from the said revolving fund, 

obligations and expenses for the operation, upkeep, maintenance, repair, disposition, insurance, and protection of any 

such property: Provided, That [section 3709 of the Revised 

Statutes] section 6101 of title 41, United States Code, shall not 

be construed to apply to any purchase or service on account of 

such property. 

§ 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 Comptroller of the Currency, and the Federal Deposit Insurance Corporation, respectively, may, in addition to and not in derogation of 

any powers and authorities conferred elsewhere in this Act— 

* * * 

(2) utilize, contract with and act through, without regard to 

[section 3709 of the Revised Statutes] section 6101 of title 41, 

United States Code, any Federal, State, or local public agency 

or instrumentality, educational institution, or non-profit agency or organization with the consent of the agency or organization concerned, and any funds available to said officers for carVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00051 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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rying out their respective functions, powers, and duties shall 

be available to reimburse or pay any such agency or organization; and, whenever in the judgment of any such officer necessary, he may make advance, progress, or other payments 

with respect to such contracts without regard to the provisions 

of subsections (a) and (b) of section 3324 of title 31; and 

§ 1701z(d) (Housing and Urban Development Act of 1968, 

§ 108(d)) 

SEC. 108. (a) In order to encourage the use of new housing technologies in providing decent, safe, and sanitary housing for lower 

income families; to encourage large-scale experimentation in the 

use of such technologies; to provide a basis for comparison of such 

technologies with existing housing technologies in providing such 

housing; and to evaluate the effect of local housing codes and zoning regulations on the large-scale use of new housing technologies 

in the provision of such housing, the Secretary of Housing and 

Urban Development (hereinafter referred to as the ‘‘Secretary’’) 

shall institute a program under which qualified organizations, public and private, will submit plans for the development of housing 

for lower income families, using new and advanced technologies, on 

Federal land which has been made available by the Secretary for 

the purposes of this section, or on other land where (1) local building regulations permit the construction of experimental housing, or 

(2) State or local law permits variances from building regulations 

in the construction of experimental housing for the purpose of testing and developing new building technologies. 

* * * 

(d) Notwithstanding the provisions of [the Federal Property and 

Administrative Services Act of 1949] chapter 5 of title 40, United 

States Code, any land which is excess property within the meaning 

of [such Act] such chapter and which is determined by the Secretary to be suitable in furtherance of the purposes of this section 

may be transferred to the Secretary upon his request. 

§ 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, methods, and materials in housing construction, rehabilitation, and 

maintenance under programs administered by him with a view to 

reducing costs, and shall encourage and promote the acceptance 

and application of such advanced technology, methods, and materials by all segments of the housing industry, communities, industries engaged in urban development activities, and the general public. To the extent feasible, in connection with the construction, 

major rehabilitation, or maintenance of any housing assisted under 

section 501, the Secretary shall assure that there is no restraint by 

contract, building code, zoning ordinance, or practice against the 

employment of new or improved technologies, techniques, materials, and methods or of preassembled products which may reduce 

the cost or improve the quality of such construction, rehabilitation, 

and maintenance, and therefore stimulate expanded production of 


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housing, except where such restraint is necessary to insure safe 

and healthful working and living conditions. 

* * * 

(c) Notwithstanding any other provision of law, the Secretary is 

authorized, in connection with projects under this title, to acquire, 

use and dispose of any land and other property required for the 

project as he deems necessary. Notwithstanding the provisions of 

[the Federal Property and Administrative Services Act of 1949] 

chapter 5 of title 40, United States Code, any land which is excess 

property within the meaning of [such Act] such chapter and which 

is determined by the Secretary to be suitable in furtherance of the 

purposes of subsection (b) of this section may be transferred to the 

Secretary upon his request. 

* * * 

(e) The Secretary is authorized to carry out the functions authorized in section 1701z–1 of this title either directly or, without regard to [section 3709 of the Revised Statutes] section 6101 of title 

41, United States Code, by contract or by grant. Advance and 

progress payments may be made under such contracts or grants 

without regard to the provisions of subsections (a) and (b) of section 

3324 of title 31 and such contracts or grants may be made for work 

to continue for not more than four years from the date thereof. 

§ 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 

credit insurance, against losses which they may sustain as a result 

of loans and advances of credit, and purchases of obligations representing loans and advances of credit, made by them for the purpose of (i) financing alterations, repairs, and improvements upon or 

in connection with existing structures or manufactured homes, and 

the building of new structures, upon urban, suburban, or rural real 

property (including the restoration, rehabilitation, rebuilding, and 

replacement of such improvements which have been damaged or 

destroyed by earthquake, conflagration, tornado, hurricane, cyclone, flood, or other catastrophe), by the owners thereof or by lessees of such real property under a lease expiring not less than six 

months after the maturity of the loan or advance of credit; and for 

the purpose of (ii) financing the purchase of a manufactured home 

to be used by the owner as his principal residence or financing the 

purchase of a lot on which to place such home and paying expenses 

reasonably necessary for the appropriate preparation of such lot, 

including the installation of utility connections, sanitary facilities, 

and paving, and the construction of a suitable pad, or financing 

only the acquisition of such a lot either with or without such preparation by an owner of a manufactured home; and for the purpose 

of financing the preservation of historic structures, and, as used in 

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tures which are registered in the National Register of Historic 

Places or which are certified by the Secretary of the Interior to conform to National Register criteria; and the term ‘‘preservation’’ 

means restoration or rehabilitation undertaken for such purposes 

as are approved by the Secretary in regulations issued by him, 

after consulting with the Secretary of the Interior. Other than in 

connection with a manufactured home or a lot on which to place 

such a home (or both), in no case shall the insurance granted by 

the Secretary under this section to any such financial institution 

on loans, advances of credit, and purchases made by such financial 

institution for such purposes exceed 10 per centum of the total 

amount of such loans, advances of credit, and purchases. With respect to any loan, advance of credit, or purchase, the amount of any 

claim for loss on any such individual loan, advance of credit or purchase paid by the Secretary under the provisions of this section to 

a lending institution shall not exceed 90 per centum of such loss. 

* * * 

(c) HANDLING AND DISPOSAL OF PROPERTY.— 

* * * 

(2) ADVERTISEMENTS FOR PROPOSALS.—[Section 3709 of the 

Revised Statutes] Section 6101 of title 41 shall not be construed to apply to any contract of hazard insurance or to any 

purchase or contract for services or supplies on account of such 

property if the amount thereof does not exceed $25,000. 

§ 1710(g) (National Housing Act, § 204(g)) 

SEC. 204. (a) IN GENERAL.— 

* * * 

(g) Notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United 

States, the Secretary shall have power to deal with, complete, rent, 

renovate, modernize, insure, or sell for cash or credit, in his discretion, any properties conveyed to him in exchange for debentures 

and certificates of claim as provided in this section; and notwithstanding any other provision of law, the Secretary shall also have 

power to pursue to final collection, by way of compromise or otherwise, all claims against mortgagors assigned by mortgagees to the 

Secretary as provided in this section: Provided, That [section 3709 

of the Revised Statutes] section 6101 of title 41, United States Code 

shall not be construed to apply to any contract for hazard insurance, or to any purchase or contract for services or supplies on account of such property if the amount thereof does not exceed 

$1,000. The Secretary shall, by regulation, carry out a program of 

sales of such properties and shall develop and implement appropriate credit terms and standards to be used in carrying out the 

program. The power to convey and to execute in the name of the 

Secretary deeds of conveyance, deeds of release, assignments and 

satisfactions of mortgages, and any other written instrument relating to real or personal property or any interest therein heretofore 

or hereafter acquired by the Secretary pursuant to the provisions 

of this chapter, may be exercised by an officer appointed by him, 


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without the execution of any express delegation of power or power 

of attorney: Provided, That nothing in this subsection shall be construed to prevent the Secretary from delegating such power by 

order or by power of attorney, in his discretion, to any officer, 

agent, or employee he may appoint: And provided further, That a 

conveyance or transfer of title to real or personal property or an interest therein to the Secretary of Housing and Urban Development, 

his successors and assigns, without identifying the Secretary therein, shall be deemed a proper conveyance or transfer to the same 

extent and of like effect as if the Secretary were personally named 

in such conveyance or transfer. The Secretary may sell real and 

personal property acquired by the Secretary pursuant to the provisions of this chapter on such terms and conditions as the Secretary 

may prescribe. 

§ 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 protection of the interests of the General Insurance Fund, to pay out of 

the General Insurance Fund all expenses or charges in connection 

with, and to deal with, complete, reconstruct, rent, renovate, modernize, insure, make contracts for the management of, or establish 

suitable agencies for the management of, or sell for cash or credit 

or lease in his discretion, any property acquired by him under this 

section, and notwithstanding any other provision of law, the Secretary shall also have power to pursue to final collection by way 

of compromise or otherwise all claims assigned and transferred to 

him in connection with the assignment, transfer, and delivery provided for in this section, and at any time, upon default, to foreclose 

on any property secured by any mortgage assigned and transferred 

to or held by him: Provided, That [section 3709 of the Revised Statutes] section 6101 of title 41, United States Code shall not be construed to apply to any contract for hazard insurance, or to any purchase or contract for services or supplies on account of such property if the amount thereof does not exceed $1,000. 

§ 1739(g) (National Housing Act, § 604(g)) 

SEC. 604. (a) In any case in which the mortgagee under a mortgage insured under section 603 shall have foreclosed and taken 

possession of the mortgaged property, in accordance with regulations of, and within a period to be determined by, the Secretary, 

or shall, with the consent of the Secretary, have otherwise acquired 

such property from the mortgagor after default, the mortgagee 

shall be entitled to receive the benefit of the insurance as hereinafter provided, upon (1) the prompt conveyance to the Secretary of 

title to the property which meets the requirements of rules and 

regulations of the Secretary in force at the time the mortgage was 

insured, and which is evidenced in the manner prescribed by such 

rules and regulations; and (2) the assignment to him of all claims 

of the mortgagee against the mortgagor or others, arising out of the 

mortgage transaction or foreclosure proceedings, except such claims 


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as may have been released with the consent of the Secretary. Upon 

such conveyance and assignment the obligation of the mortgagee to 

pay the premium charges for insurance shall cease and the Secretary shall, subject to the cash adjustment hereinafter provided, 

issue to the mortgagee debentures having a total face value equal 

to the value of the mortgage and a certificate of claim, as hereinafter provided. For the purposes of this subsection, the value of the 

mortgage shall be determined, in accordance with rules and regulations prescribed by the Secretary, by adding to the amount of the 

original principal obligation of the mortgage which was unpaid on 

the date of the institution of foreclosure proceedings, or on the date 

of the acquisition of the property after default other than by foreclosure, the amount of all payments which have been made by the 

mortgagee for taxes, ground rents, and water rates, which are liens 

prior to the mortgage, special assessments which are noted on the 

application for insurance or which become liens after the insurance 

of the mortgage, insurance of the mortgaged property, and any 

mortgage insurance premiums and by deducting from such total 

amount any amount received on account of the mortgage after either of such dates, and any amount received as rent or other income from the property, less reasonable expenses incurred in handling the property, after either of such dates: Provided, That with 

respect to mortgages which are foreclosed before there shall have 

been paid on account of the principal obligation of the mortgage a 

sum equal to 10 per centum of the appraised value of the property 

as of the date the mortgage was accepted for insurance, there may 

be included in the debentures issued by the Secretary, on account 

of the cost of foreclosure (or of acquiring the property by other 

means) actually paid by the mortgagee and approved by the Secretary an amount— 

* * * 

(g) Notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United 

States, the Secretary shall have power to deal with, complete, rent, 

renovate, modernize, insure, make contracts or establish suitable 

agencies for the management of, or sell for cash or credit, in his 

discretion, any properties conveyed to him in exchange for debentures and certificates of claim as provided in this title; and notwithstanding any other provision of law, the Secretary shall also 

have power to pursue to final collection, by way of compromise or 

otherwise, all claims against mortgagors assigned by mortgagees to 

the Secretary as provided in this title, except that no suit or action 

shall be commenced by the Secretary against any such mortgagor 

on account of any claim so assigned with respect to mortgages insured under section 603 unless such suit or action is commenced 

within six months after the assignment of such claim to the Secretary, or within six months after the last payment was made to 

the Secretary with respect to the claim so assigned, whichever is 

later: Provided, That [section 3709 of the Revised Statutes] section 

6101 of title 41, United States Code shall not be construed to apply 

to any contract for hazard insurance, or to any purchase or contract 

for services or supplies on account of such property if the amount 

thereof does not exceed $1,000. The power to convey and to execute 

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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 officer, 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 regulations of the Secretary in force at the time the insurance contract 

was executed and which is evidenced in the manner prescribed by 

such rules and regulations, and, in the event that the investor fails 

so to do, said Secretary may, at his option, terminate the insurance 

contract. 

* * * 

(h) Notwithstanding any other provisions of law relating to the 

acquisition, handling, or disposal of real and other property by the 

United States, the Secretary shall have power, for the protection of 

the General Insurance Fund, to pay out of said Fund all expenses 

or charges in connection with, and to deal with, complete, reconstruct, rent, renovate, modernize, insure, make contracts for the 

management of, or establish suitable agencies for the management 

of, or sell for cash or credit or lease in his discretion, in whole or 

in part, any project acquired pursuant to this title; and, notwithstanding any other provisions of law, the Secretary shall also have 

power to pursue to final collection by way of compromise or otherwise all claims acquired by, or assigned or transferred to, him in 

connection with the acquisition or disposal of any project pursuant 

to this title: Provided, That [section 3709 of the Revised Statutes] 

section 6101 of title 41, United States Code, shall not be construed 

to apply to any contract for hazard insurance, or to any purchase 

or contract for services or supplies on account of any project acquired pursuant to this subchapter if the amount of such purchase 

or contract does not exceed $1,000. 

§ 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, 

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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 established investment if the investor shall make capital improvements 

or additions to the project; the decrease of the established investment if the investor shall sell part of the project; and the reduction 

of the outstanding investment for the appropriate operating year or 

operating years pending the restoration of dwelling or nondwelling 

facilities damaged by fire or other casualty. With respect to any investor which is subject to supervision or regulation by a State 

banking, insurance, or other State department or agency, the Secretary may, in carrying out any of his supervisory and regulatory 

functions with respect to projects insured under this subchapter, 

utilize, contract with, and act through, such department or agency 

and without regard to [section 3709 of the Revised Statutes] section 

6101 of title 41, United States Code. 

§ 1750c(f) (National Housing Act, § 904(f)) 

SEC. 904. (a) In any case in which the mortgagee under a mortgage insured under section 903 title shall have foreclosed and 

taken possession of the mortgaged property, in accordance with 

regulations of, and within a period to be determined by, the Secretary, or shall, with the consent of the Secretary, have otherwise 

acquired such property from the mortgagor after default, the mortgagee shall be entitled to receive the benefit of the insurance as 

hereinafter provided, upon (1) the prompt conveyance to the Secretary of title to the property which meets the requirements of 

rules and regulations of the Secretary in force at the time the mortgage was insured, and which is evidenced in the manner prescribed 

by such rules and regulations; and (2) the assignment to him of all 

claims of the mortgagee against the mortgagor or others, arising 

out of the mortgage transaction or foreclosure proceedings, except 

such claims as may have been released with the consent of the Secretary. Upon such conveyance and assignment the obligation of the 

mortgagee to pay the premium charges for insurance shall cease 

and the Secretary shall, subject to the cash adjustment hereinafter 

provided, issue to the mortgagee debentures having a total face 

value equal to the value of the mortgage and a certificate of claim, 

as hereinafter provided. For the purposes of this subsection, the 

value of the mortgage shall be determined, in accordance with 

rules and regulations prescribed by the Secretary, by adding to the 

amount of the original principal obligation of the mortgage which 

was unpaid on the date of the institution of foreclosure proceedings, or on the date of the acquisition of the property after default other than by foreclosure, the amount of all payments which 

have been made by the mortgagee for taxes, ground rents, and 

water rates, which are liens prior to the mortgage, special assessments which are noted on the application for insurance or which 

become liens after the insurance of the mortgage, insurance of the 

mortgaged property, and any mortgage insurance premiums and by 

deducting from such total amount any amount received on account 

of the mortgage after either of such dates and any amount received 

as rent or other income from the property, less reasonable expenses 


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incurred in handling the property, after either of such dates: Provided, That with respect to mortgages which are foreclosed before 

there shall have been paid on account of the principal obligation of 

the mortgage a sum equal to 10 per centum of the appraised value 

of the property as of the date the mortgage was accepted for insurance, there may be included in the debentures issued by the Secretary, on account of the cost of foreclosure (or of acquiring the 

property by other means) actually paid by the mortgagee and approved by the Secretary an amount— 

* * * 

(f) Notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United 

States, the Secretary shall have power to deal with, complete, rent, 

renovate, modernize, insure, make contracts or establish suitable 

agencies for the management of, or sell for cash or credit, in his 

discretion, any properties conveyed to him in exchange for debentures and certificates of claim as provided in this section; and, notwithstanding any other provision of law, the Secretary shall also 

have power to pursue to final collection, by way of compromise or 

otherwise, all claims against mortgagors assigned by mortgagees to 

the Secretary as provided in this subchapter: Provided, That [section 3709 of the Revised Statututes] section 6101 of title 41, United 

States Code shall not be construed to apply to any purchase or contract for services or supplies on account of such property if the 

amount thereof does not exceed $1,000. The power to convey and 

to execute in the name of the Secretary deeds of conveyances, deeds 

of release, assignments, and satisfactions of mortgages, and any 

other written instrument relating to real property or any interest 

therein heretofore or hereafter acquired by the Secretary pursuant 

to the provisions of this chapter, may be exercised by an officer appointed by him, without the execution of any express delegation of 

power or power of attorney: Provided, That nothing in this subsection shall be construed to prevent the Secretary from delegating 

such power by order or by power of attorney in his discretion, to 

any officer, agent, or employee he may appoint. 

§ 1788(b) (Federal Credit Union Act, § 208(b)) 

SEC. 208. (a)(1) In order to reopen a closed insured credit union 

or in order to prevent the closing of an insured credit union which 

the Board has determined is in danger of closing or in order to assist in the voluntary liquidation of a solvent credit union, the 

Board, in its discretion, is authorized to make loans to, or purchase 

the assets of, or establish accounts in such insured credit union 

upon such terms and conditions as it may prescribe. Except with 

respect to the voluntary liquidation of a solvent credit union, such 

loans shall be made and such accounts shall be established only 

when, in the opinion of the Board, such action is necessary to protect the fund or the interests of the members of the credit union. 

* * * 

(b) For the protection of the Fund, the Board, without regard to 

the [Federal Property and Administrative Services Act of 1949] 


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provisions referred to in section 171(b) and (c) of title 41, United 

States Code, may— 

(1) deal with, complete, reconstruct, rent, renovate, modernize, insure, make contracts for the management of, sell for 

cash or credit, or lease, in its discretion, any real property acquired or held by it under this section; and 

(2) assign or sell at public or private sale, or otherwise dispose of, any evidence of debt, contract, claim, personal property, or security assigned to or held by it under this section. 

[Section 3709 of the Revised Statutes of the United States] Section 

6101 of title 41, United States Code shall not apply to any purchase 

or contract for services or supplies made or entered into by the 

Board under this section if the amount thereof does not exceed 

$1,000, or to any contract for hazard insurance on any real property acquired or held by it under this section. 

§ 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, without regard to [section 3709 of the Revised Statutues] section 6101 

of title 41, United States Code, professional services of firms and organizations of certified public accountants, with the concurrence of 

the Corporation, for temporary periods or for special purposes. The 

Corporation shall reimburse the Government Accountability Office 

for the cost of any such audit as billed therefor by the Comptroller 

General, and the Government Accountability Office shall deposit 

the sums so reimbursed into the Treasury as miscellaneous receipts. 

§ 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, 

in the discretion of the Comptroller General, employ by contract, without regard to [section 3709 of the Revised Statutes 

of the United States (41 U.S.C. 5)] section 6101 of title 41, 

United States Code, professional services of firms and organizations of certified public accountants for temporary periods or 

for special purposes. Upon the request of the Comptroller General, the Director of the Agency shall transfer to the Government Accountability Office from funds available, the amount 

requested by the Comptroller General to cover the full costs of 

any audit and report conducted by the Comptroller General. 

The Comptroller General shall credit funds transferred to the 


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account established for salaries and expenses of the Government Accountability Office, and such amount shall be available 

upon receipt and without fiscal year limitation to cover the full 

costs of the audit and report. 

§ 5416 (Enhancing Financial Institution Safety and Soundness Act of 2010, § 319) 

SEC. 319. CONTRACTING AND LEASING AUTHORITY. 

Notwithstanding the [Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)] provisions referred to in 

section 171(b) and (c) of title 41, United States Code or any other 

provision of law (except the full and open competition requirements 

of the Competition in Contracting Act), the Office of the Comptroller of the Currency may— 

(1) enter into and perform contracts, execute instruments, 

and acquire real property (or property interest) as the Comptroller deems necessary to carry out the duties and responsibilities of the Office of the Comptroller of the Currency; and 

(2) hold, maintain, sell, lease, or otherwise dispose of the 

property (or property interest) acquired under paragraph (1). 

§ 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 conducting an audit under this subsection, the Comptroller 

General may, in the discretion of the Comptroller General, 

employ by contract, without regard to [section 3709 of the 

Revised Statutes of the United States (41 U.S.C. 5)] section 6101 of title 41, United States Code, professional services of firms and organizations of certified public accountants for temporary periods or for special purposes. Upon 

the request of the Comptroller General, the Director of the 

Bureau shall transfer to the Government Accountability 

Office from funds available, the amount requested by the 

Comptroller General to cover the full costs of any audit 

and report conducted by the Comptroller General. The 

Comptroller General shall credit funds transferred to the 

account established for salaries and expenses of the Government Accountability Office, and such amount shall be 

available upon receipt and without fiscal year limitation to 

cover the full costs of the audit and report. 

TITLE 14—COAST GUARD 

Public Law 111–350, § 5(c) 

SEC. 5. CONFORMING CROSS-REFERENCES. 


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* * * 

(b) TITLE 14.—Title 14, United States Code, is amended as follows: 

* * * 

(2) In section [93(h)] 93(a)(8), strike ‘‘title III of the Federal 

Property and Administrative Services Act of 1949 (41 U.S.C. 

251 et seq.)’’ and substitute ‘‘division C (except sections 3302, 

3501(b), 3509, 3906, 4710 and 4711) of subtitle I of title 41’’ 

* * * 

[(4) In section 685(c)(1), strike ‘‘title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et 

seq.)’’ and substitute ‘‘division C (except sections 3302, 3501(b), 

3509, 3906, 4710 and 4711) of subtitle I of title 41’’.] 

§ 92(d) 

§ 92. Secretary; general powers 

For the purpose of executing the duties and functions of the 

Coast Guard the Secretary may within the limits of appropriations 

made therefor: 

* * * 

(d) design or cause to be designed, cause to be constructed, 

accept as gift, or otherwise acquire vessels, and subject to applicable regulations under [subtitle I of title 40 and division C 

(except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of 

subtitle I of title 41] chapter 5 of title 40 dispose of them; 

§ 93(a)(8) 

§ 93. Commandant; general powers 

(a) For the purpose of executing the duties and functions of the 

Coast Guard the Commandant may: 

* * * 

(8) design or cause to be designed, cause to be constructed, 

accept as gift, or otherwise acquire patrol boats and other 

small craft, equip, operate, maintain, supply, and repair such 

patrol boats, other small craft, aircraft, and vehicles, and subject to applicable regulations under [subtitle I of title 40 and 

division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 

4711) of subtitle I of title 41] chapter 5 of title 40 dispose of 

them; 

§ 576(2) 

§ 576. Acquisition approval authority 

Nothing in this subchapter shall be construed as altering or diminishing in any way the statutory authority and responsibility of 

the Secretary of the department in which the Coast Guard is operating, or the Secretary’s designee, to— 


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* * * 

(2) manage department acquisition activities and act as the 

Acquisition Decision Authority with regard to the review or approval of a Coast Guard Level 1 or Level 2 acquisition project 

or program, as required by [section 16 of the Office of Federal 

Procurement Policy Act (41 U.S.C. 414)] section 1702 of title 41 

and related implementing regulations and directives. 

§ 641(a) 

§ 641. Disposal of certain material 

(a) The Commandant subject to applicable regulations under 

[subtitle I of title 40 and division C (except sections 3302, 3501(b), 

3509, 3906, 4710, and 4711) of subtitle I of title 41] chapter 5 of 

title 40 may dispose of, with or without charge, to the Coast Guard 

Auxiliary, including any incorporated unit thereof, to the sea-scout 

service of the Boy Scouts of America, and to any public body or private organization not organized for profit having an interest therein for historical or other special reasons, such obsolete or other material as may not be needed for the Coast Guard. 

TITLE 15—COMMERCE AND TRADE 

§ 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 defined in [section 403(6) of title 41, United States Code] section 

107 of title 41, United States Code; 

* * * 

(8) ‘‘cost or pricing data or price analysis’’ [has the meaning 

given such terms in section 304A of the Federal Property and 

Administrative Services Act of 1949 (41 U.S.C. 254b)] has the 

meaning given the term ‘‘cost or pricing data’’ in section 3501(a) 

of title 41, United States Code; and 

§ 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 [Federal 

Property and Administrative Services Act of 1949, as amended 

(40 U.S.C. 471 et seq.)] provisions referred to in secion 171(b) 

and (c) of title 41, United States Code, with Federal or State 

agencies, private firms, institutions, and individuals for the 

conduct of research or surveys, the preparation of reports, and 

other activities necessary to the discharge of its duties; 


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§ 205l(a) (Metric Conversion Act of 1975, § 14(a)) 

SEC. 14. IMPLEMENTATION IN ACQUISITION OF 

CONSTRUCTIN SERVICES AND MATERIALS FOR FEDERAL FACILITIES. 

(a) IN GENERAL.—Construction services and materials for Federal facilities shall be procured in accordance with the policies and 

procedures set forth in chapter 137 of title 10, United States Code, 

section 2377 of title 10, United States Code, [title III of the Federal 

Property and Administrative Services Act of 1949 (41 U.S.C. 251 

et seq.)] the provisions referred to in section 171(c) of title 41, 

United States Code, and section 3(2) of this Act. Determination of 

a design method shall be based upon preliminary market research 

as required under section 2377(c) of title 10, United States Code, 

and [section 314B(c) of the Federal Property and Administrative 

Services Act of 1949 (41 U.S.C. 264b(c))] section 3307(d) of title 41, 

United States Code. If the requirements of this Act conflict with the 

provisions of section 2377 of title 10, United States Code, or [section 314B of the Federal Property and Administrative Services Act 

of 1949] subsections (b) through (d) of section 3307 of title 41, 

United States Code, then the provisions of [2377 or 314B] section 

2377 or subsections (b) through (d) of section 307 shall take precedence. 

§ 313 note (Act of June 16, 1948, § 2) 

SEC. 2. The Chief of the Weather Bureau is empowered to make 

such expenditures at the seat of government and elsewhere as may 

be necessary to carry out the purposes of this Act and as from time 

to time may be appropriated for by Congress, including expenditures for the development and purchase of special meteorological 

instruments and other equipment (including motor vehicles and 

aircraft), without regard to the provisions of [section 3709 of the 

Revised Statutes] section 6101 of title 41, United States Code. There is hereby authorized to be appropriated such sums as are 

necessary for the purpose of carrying out the provisions of this Act. 

§ 631 note (Small Business Reauthorization Act of 1997, 

§ 417(a)) 

SEC. 417. DEADLINES FOR ISSUANCE OF REGULATIONS. 

(a) PROPOSED REGULATIONS.—Proposed amendments to the Federal Acquisition Regulation or proposed Small Business Administration regulations under this subtitle and the amendments made 

by this subtitle shall be published not later than 120 days after the 

date of enactment of this Act for the purpose of obtaining public 

comment pursuant to [section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b)] section 1707 of title 41, United 

States Code, or chapter 5 of title 5, United States Code, as appropriate. The public shall be afforded not less than 60 days to submit 

comments. 

§ 632 (Small Business Act, § 3) 

SEC. 3. (a)(1) For the purposes of this Act, a small-business concern, including but not limited to enterprises that are engaged in 

the business of production of food and fiber, ranching and raising 

of livestock, agriculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently 


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owned and operated and which is not dominant in its field of operation: Provided, That notwithstanding any other provision of law, 

an agricultural enterprise shall be deemed to be a small business 

concern if it (including its affiliates) has annual receipts not in excess of $750,000. 

* * * 

(m) For purposes of this Act, the term ‘‘simplified acquisition 

threshold’’ has the meaning given such term in [section 4(11) of the 

Office of Federal Procurement Policy Act (41 U.S.C. 403(11))] section 134 of title 41, United States Code. 

* * * 

(v) MULTIPLE AWARD CONTRACT.—In this Act, the term ‘‘multiple 

award contract’’ means— 

(1) a multiple award task order contract or delivery order 

contract that is entered into under the authority of [sections 

303H through 303K of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 25h through 253k)] sections 4101, 4103, 4105, and 4106 of title 41, United States 

Code; and 

§ 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, commission, independent establishment, or executive department of the 

Government, may avail itself on a reimbursable or nonreimbursable basis of the use of information, services, facilities (including 

any field service thereof), officers, and employees thereof, in carrying out the provisions of this Act. 

* * * 

(b) In the performance of, and with respect to, the functions, 

powers, and duties vested in him by this Act the Administrator 

may— 

* * * 

(4) pursue to final collection, by way of compromise or otherwise, all claims against third parties assigned to the Administrator in connection with loans made by him. This shall include 

authority to obtain deficiency judgments or otherwise in the 

case of mortgages assigned to the Administrator. [Section 3709 

of the Revised Statutes, as amended (41 U.S.C., sec. 5)] Section 

6101 of title 41, United States Code, shall not be construed to 

apply to any contract of hazard insurance or to any purchase 

or contract for services or supplies on account of property obtained by the Administrator as a result of loans made under 


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this chapter if the premium therefor or the amount thereof 

does not exceed $1,000. The power to convey and to execute in 

the name of the Administrator deeds of conveyance, deeds of 

release, assignments and satisfactions of mortgages, and any 

other written instrument relating to real property or any interest therein acquired by the Administrator pursuant to the provisions of this Act may be exercised by the Administrator or by 

any officer or agent appointed by him without the execution of 

any express delegation of power or power of attorney. Nothing 

in this section shall be construed to prevent the Administrator 

from delegating such power by order or by power of attorney, 

in his discretion, to any officer or agent he may appoint; 

* * * 

(c) To such extent as he finds necessary to carry out the provisions of this Act, the Administrator is authorized to procure the 

temporary (not in excess of one year) or intermittent services of experts or consultants or organizations thereof, including stenographic reporting services, by contract or appointment, and in such 

cases such services shall be without regard to the civil-service and 

classification laws and, except in the case of stenographic reporting 

services by organizations, without regard to [section 3709 of the 

Revised Statutes, as amended (41 U.S.C., sec. 5)] section 6101 of 

title 41, United States Code. Any individual so employed may be 

compensated at a rate not in excess of the daily equivalent of the 

highest rate payable under section 5332 of title 5, including travel 

time, and, while such individual is away from his or her home or 

regular place of business, he or she may be allowed travel expenses 

(including per diem in lieu of subsistence) as authorized by section 

5703 of title 5. 

§ 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 necessary or appropriate— 

* * * 

(d)(1) It is the policy of the United States that small business 

concerns, small business concerns owned and controlled by veterans, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small 

business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns 

owned and controlled by women, shall have the maximum practicable opportunity to participate in the performance of contracts 

let by any Federal agency, including contracts and subcontracts for 

subsystems, assemblies, components, and related services for major 

systems. It is further the policy of the United States that its prime 

contractors establish procedures to ensure the timely payment of 

amounts due pursuant to the terms of their subcontracts with 

small business concerns, small business concerns owned and controlled by veterans, small business concerns owned and controlled 

by service-disabled veterans, qualified HUBZone small business 

concerns, small business concerns owned and controlled by socially 


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and economically disadvantaged individuals, and small business 

concerns owned and controlled by women. 

* * * 

(4)(A) Each solicitation of an offer for a contract to be let by a 

Federal agency which is to be awarded pursuant to the negotiated 

method of procurement and which may exceed $1,000,000, in the 

case of a contract for the construction of any public facility, or 

$500,000, in the case of all other contracts, shall contain a clause 

notifying potential offering companies of the provisions of this subsection relating to contracts awarded pursuant to the negotiated 

method of procurement. 

* * * 

(F)(i) Each contract subject to the requirements of this paragraph 

or paragraph (5) shall contain a clause for the payment of liquidated damages upon a finding that a prime contractor has failed 

to make a good faith effort to comply with the requirements imposed on such contractor by this subsection. 

(ii) The contractor shall be afforded an opportunity to demonstrate a good faith effort regarding compliance prior to the contracting officer’s final decision regarding the imposition of damages 

and the amount thereof. The final decision of a contracting officer 

regarding the contractor’s obligation to pay such damages, or the 

amounts thereof, shall be subject to [the Contract Disputes Act of 

1978 (41 U.S.C. 601–613)] chapter 71 of title 41, United States 

Code. 

* * * 

(12) PAYMENT OF SUBCONTRACTORS.— 

* * * 

(E) Regulations.—Not later than 1 year after the date of enactment of this paragraph, the Federal Acquisition Regulatory 

Council established under [section 25(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(a))] section 1302(a) 

of title 41, United States Code, shall amend the Federal Acquisition Regulation issued under [section 25 of such Act] section 

1303(a) of title 41, United States Code, to— 

* * * 

(e)(1) Except as provided in subsection (g) of this section— 

* * * 

(2)(A) A notice of solicitation required to be published under 

paragraph (1) may be published— 

(i) by electronic means that meet the accessibility requirements under [section 18(a)(7) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(a)(7))] section 1708(d) of title 

41, United States Code; or 


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* * * 

(g)(1) A notice is not required under subsection (e)(1) of this section if— 

* * * 

(2) The requirements of subsection (a)(1)(A) of this section do not 

apply to any procurement under conditions described in paragraph 

(2), (3), (4), (5), or (7) of [section 303(c) of the Federal Property and 

Administrative Services Act of 1949 (41 U.S.C. 253(c))] section 

3304(a) of title 41, United States Code, or paragraph (2), (3), (4), 

(5), or (7) of section 2304(c) of title 10, United States Code. 

* * * 

(h)(1) An executive agency may not award a contract using procedures other than competitive procedures unless— 

(A) except as provided in paragraph (2), a written justification for the use of such procedures has been approved— 

* * * 

(iii) in the case of a contract for an amount exceeding 

$10,000,000, by the senior procurement executive of the 

agency designated pursuant to [section 16(3) of the Office 

of Federal Procurement Policy Act (41 U.S.C. 414(3))] section 1702(c)(1) and (2) of title 41, United States Code, 

(without further delegation); and 

(B) all other requirements applicable to the use of such procedures under [title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)] the provisions referred to in section 171(c) of title 41, United States 

Code, or chapter 137 of title 10, United States Code, as appropriate, have been satisfied. 

(2) The same exceptions as are provided in [section 303(f)(2) of 

the Federal Property and Administrative Services Act of 1949 (41 

U.S.C. 253(f)(2))] section 3304(e)(3) and (4) of title 41, United States 

Code, or section 2304(f)(2) of title 10 shall apply with respect to the 

requirements of paragraph (1)(A) of this subsection in the same 

manner as such exceptions apply to the requirements of [section 

303(f)(1) of such Act or section 2304(f)(1) of such title] section 

3304(e)(1) of title 41, United States Code, or section 2304(f)(1) of 

title 10, United States Code, as appropriate. 

* * * 

(j) For purposes of this section, the term ‘‘executive agency’’ has 

the meaning provided such term in [section 4(1) of the Office of 

Federal Procurement Policy Act (41 U.S.C. 403(1))] section 133 of 

title 41, United States Code. 

* * * 

(m) PROCUREMENT PROGRAM FOR WOMEN-OWNED SMALL BUSINESS CONCERNS.— 

(1) DEFINITIONS.—In this subsection, the following definitions apply: 


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(A) CONTRACTING OFFICER.—The term ‘‘contracting officer’’ has the meaning given such term in [section 27(f)(5) 

of the Office of Federal Procurement Policy Act (41 U.S.C. 

42(f)(5))] section 2101(1) of title 41, United States Code. 

§ 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 [section 25(a) of the Office of Federal Procurement Policy Act (41 

U.S.C. 421(a))] section 1302(a) of title 41, United States Code, shall 

amend the Federal Acquisition Regulation issued under [section 25 

of such Act] section 1303(a) of title 41, United States Code, to establish a policy on, subcontracting compliance relating to small business concerns, including assignment of compliance responsibilities 

between contracting offices, small business offices, and program offices and periodic oversight and review activities. 

§ 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 subsection (a)) shall be made part of the Federal Acquisition Regulation and promulgated pursuant to [section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b)] section 1707 of title 

41, United States Code. 

§ 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 expense of carrying on research and development programs is beyond 

the means of many small-business concerns, and such concerns are 

handicapped in obtaining the benefits of research and development 

programs conducted at Government expense. These small-business 

concerns are thereby placed at a competitive disadvantage. This 

weakens the competitive free enterprise system and prevents the 

orderly development of the national economy. It is the policy of the 

Congress that assistance be given to small-business concerns to enable them to undertake and to obtain the benefits of research and 

development in order to maintain and strengthen the competitive 

free enterprise system and the national economy. 

* * * 

(e) For the purpose of this section— 

* * * 

(8) the term ‘‘research institution’’ means a nonprofit institution, as defined in section 4(5) of the Stevenson-Wydler Technology Innovation Act of 1980, and includes federally funded 


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research and development centers, as identified by the National Scientific Foundation in accordance with the governmentwide Federal Acquisition Regulation issued in accordance 

with [section 35(c)(1) of the Office of Federal Procurement Policy Act] section 1303(a)(1) of title 41, United States Code (or 

any successor regulation thereto); 

* * * 

(n) REQUIRED EXPENDITURES FOR STTR BY FEDERAL AGENCIES.— 

* * * 

(2) LIMITATIONS.—A Federal agency shall not— 

(A) use any of its STTR budget established pursuant to 

paragraph (1) for the purpose of funding administrative 

costs of the program, including costs associated with salaries and expenses, or, in the case of a small business concern or a research institution, costs associated with salaries, expenses, and administrative overhead (other than 

those direct or indirect costs allowable under guidelines of 

the Office of Management and Budget and the governmentwide Federal Acquisition Regulation issued in accordance with [section 25(c)(1) of the Office of Federal Procurement Policy Act] section 1303(a)(1) of title 41, United 

States Code); or 

§ 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 

defense programs, (3) to be in the interest of assuring that a fair 

proportion of the total purchases and contracts for property and 

services for the Government in each industry category are placed 

with small-business concerns, or (4) to be in the interest of assuring that a fair proportion of the total sales of Government property 

be made to small-business concerns; but nothing contained in this 

Act shall be construed to change any preferences or priorities established by law with respect to the sale of electrical power or 

other property by the Government or any agency thereof. These determinations may be made for individual awards or contracts or for 

classes of awards or contracts. If a proposed procurement includes 

in its statement of work goods or services currently being performed by a small business, and if the proposed procurement is in 

a quantity or estimated dollar value the magnitude of which renders small business prime contract participation unlikely, or if a 

proposed procurement for construction seeks to package or consolidate discrete construction projects, or the solicitation involves an 

unnecessary or unjustified bundling of contract requirements, as 

determined by the Administration, the Procurement Activity shall 

provide a copy of the proposed procurement to the Procurement Activity’s Small Business Procurement Center Representative at least 


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30 days prior to the solicitation’s issuance along with a statement 

explaining (1) why the proposed acquisition cannot be divided into 

reasonably small lots (not less than economic production runs) to 

permit offers on quantities less than the total requirement, (2) why 

delivery schedules cannot be established on a realistic basis that 

will encourage small business participation to the extent consistent 

with the actual requirements of the Government, (3) why the proposed acquisition cannot be offered so as to make small business 

participation likely, (4) why construction cannot be procured as 

separate discrete projects, or (5) why the agency has determined 

that the bundled contract (as defined in section 632(o) of this title) 

is necessary and justified. The thirty-day notification process shall 

occur concurrently with other processing steps required prior to 

issuance of the solicitation. Within 15 days after receipt of the proposed procurement and accompanying statement, if the Procurement Center Representative believes that the procurement as proposed will render small business prime contract participation unlikely, the Representative shall recommend to the Procurement Activity alternative procurement methods which would increase small 

business prime contracting opportunities. Whenever the Administration and the contracting procurement agency fail to agree, the 

matter shall be submitted for determination to the Secretary or the 

head of the appropriate department or agency by the Administrator. For purposes of clause (3) of the first sentence of this subsection, an industry category is a discrete group of similar goods 

and services. Such groups shall be determined by the Administration in accordance with the definition of a ‘‘United States industry’’ 

under the North American Industry Classification System, as established by the Office of Management and Budget, except that the 

Administration shall limit such an industry category to a greater 

extent than provided under such classification codes if the Administration receives evidence indicating that further segmentation for 

purposes of this paragraph is warranted due to special capital 

equipment needs or special labor or geographic requirements or to 

recognize a new industry. A market for goods or services may not 

be segmented under the preceding sentence due to geographic requirements unless the Government typically designates the area 

where work for contracts for such goods or services is to be performed and Government purchases comprise the major portion of 

the entire domestic market for such goods or services and, due to 

the fixed location of facilities, high mobilization costs, or similar 

economic factors, it is unreasonable to expect competition from 

business concerns located outside of the general areas where such 

concerns are located. A contract may not be awarded under this 

subsection if the award of the contract would result in a cost to the 

awarding agency which exceeds a fair market price. 

* * * 

(c)(1) As used in this subsection: 

(A) The term ‘‘Committee’’ means the Committee for Purchase From People Who Are Blind or Severely Disabled established under [the first section of the Act entitled ‘‘An Act to 

create a Committee on Purchases of Blind-made Products, and 

for other purposes’’, approved June 25, 1938 (41 U.S.C. 46)] 

section 8502 of title 41, United States Code. 


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* * * 

(2)(A) During fiscal year 1995, public or private organizations for 

the handicapped shall be eligible to participate in programs authorized under this section in an aggregate amount not to exceed 

$40,000,000. 

(B) None of the amounts authorized for participation by subparagraph (A) may be placed on the procurement list maintained by the 

Committee pursuant to [section 2 of the Act entitled ‘‘An Act to create a Committee on Purchases of Blind-made Products, and for 

other purposes,’’, approved June 25, 1938 (41 U.S.C. 47] section 

8503 of title 41, United States Code. 

* * * 

(q) BUNDLING ACCOUNTABILITY MEASURES.— 

* * * 

(2) POLICIES ON REDUCTION OF CONTRACT BUNDLING.— 

(A) IN GENERAL.—Not later than 1 year after the date of 

enactment of this subsection, the Federal Acquisition Regulatory Council established under [section 25(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 4219(a))] 

section 1302(a) of title 41, United States Code, shall amend 

the Federal Acquisition Regulation issued under [section 

25 of such Act] section 1303(a) of title 41, United States 

Code, to— 

* * * 

(r) MULTIPLE AWARD CONTRACTS.—Not later than 1 year after 

the date of enactment of this subsection, the Administrator for Federal Procurement Policy and the Administrator, in consultation 

with the Administrator of General Services, shall, by regulation, establish guidance under which Federal agencies may, at their discretion— 

* * * 

(2) notwithstanding the fair opportunity requirements under 

section 2304c(b) of title 10 and [section 303J(b) of the Federal 

Proprety and Administrative Services Act of 1949 (41 U.S.C. 

253j(b))] section 4106(c) of title 41, United States Code, set 

aside orders placed against multiple award contracts for small 

business concerns, including the subcategories of small business concerns identified in subsection (g)(2); and 

§ 644 note (Federal Acquisition Streamlining Act of 1994, 

§ 2353) 

SEC. 2353. EXPEDITED RESOLUTION OF CONTRACT ADMINISTRATION MATTERS. 

(a) REGULATIONS REQUIRED.—(1) The Federal Acquisition Regulation shall include provisions that require a contracting officer— 


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* * * 

(2) The provisions shall not apply to a request for a contracting 

officer’s decision under [the Contract Disputes Act of 1978 (41 

U.S.C. 601 et seq.)] chapter 71 of title 41, United States Code. (b) RULE OF CONSTRUCTION.—Nothing in this section shall be 

considered as creating any rights under [the Contract Disputes Act 

of 1978 (41 U.S.C. 601 et seq.)] chapter 71 of title 41, United States 

Code. 

§ 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 severely handicapped which shall consist of one representative of the 

small business community appointed by the Administrator of the 

Small Business Administration and one individual knowledgeable 

in the affiars of or experienced in the work of sheltered workshops 

appointed by the Executive Director of the Committee for Purchase 

from the Blind and Other Severely Handicapped established under 

the first section of the Act entitled ‘‘An Act to create a Committee 

on Purchases of Blind-made Products, and for other purposes’’, approved June 25, 1938 (41 U.S.C. 46)] section 8502 of title 41, 

United States Code. The task force shall meet at least once every 

six months for the purpose of reviewing the award of contracts 

under section 15(c) of the Small Business Act [15 U.S.C. 644(c)] 

and recommending to the Small Business Administration such administrative or statutory changes as it deems appropriate. 

§ 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 business concerns in accordance with this section. 

(b) ELIGIBLE CONTRACTS.— (1) DEFINITIONS.—In this subsection— 

(A) the term ‘‘contracting officer’’ has the meaning given 

that term in [section 27(f)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(f)(5))] section 2101(1) 

of title 41, United States Code; and 

(B) the term ‘‘full and open competition’’ has the meaning given that term in [section 4 of the Office of Federal 

Procurement Policy Act (41 U.S.C. 403] section 107 of title 

41, United States Code. 

* * * 

(4) RELATIONSHIP TO OTHER CONTRACTING PREFERENCES.—A 

procurement may not be made from a source on the basis of 

a preference provided in paragraph (2) or (3), if the procurement would otherwise be made from a different source under 


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section 4124 or 4125 of title 18, United States Code, or [the 

Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)] chapter 85 of 

title 41, United States Code. 

§ 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 [section 6(d)(4)(A) of the Office of Federal 

Procurement Policy Act (41 U.S.C. 405(d)(4)(A))] section 

1122(a)(4)(A) of title 41, United States Code, shall be modified to 

collect data regarding the percentage and dollar value of prime contracts and subcontracts awarded to small business concerns owned 

and controlled by veterans and small business concerns owned and 

controlled by service-disabled veterans. 

§ 657f (Small Business Act, § 36) 

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

* * * 

(c) RELATIONSHIP TO OTHER CONTRACTING PREFERENCES.—A procurement may not be made from a source on the basis of a preference provided under subsection (a) or (b) of this section if the procurement would otherwise be made from a different source under 

section 4124 or 4125 of title 18, United States Code, or [the JavitsWagner-O’Day Act (41 U.S.C. 46 st seq.)] chapter 85 of title 41, 

United States Code 

* * *. 

(e) CONTRACTING OFFICER.—For purposes of this section, the 

term ‘‘contracting officer’’ has the meaning given such term in [section 27(f)(5) of the Office of Federal Procurement Policy Act (41 

U.S.C. 423(f)(5))] section 2101(1) of title 41, United States Code. 

§ 657q(a) (Small Business Act, § 44(a)) 

SEC. 44. CONSOLIDATION OF CONTRACT REQUIREMENTS. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘Chief Acquisition Officer’’ means the employee 

of a Federal agency designated as the Chief Acquisition Officer 

for the Federal agency under [section 16(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(A))] section 1702(a) 

of title 41, United States Code; 

* * * 

(3) the term ‘‘senior procurement executive’’ means an official 

designated under [section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))] section 1702(c) of title 


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41, United States Code as the senior procurement executive for 

a Federal agency. 

§ 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 customs of trade and commerce, of plants and facilities for the physical handling, storage, processing, servicing, and transportation of 

the agricultural commodities subject to its control. The Corporation 

shall not have power to acquire real property or any interest therein except that it may (a) rent or lease office space necessary for the 

conduct of its business and (b) acquire real property or any interest 

therein for the purpose of providing storage adequate to carry out 

effectively and efficiently any of the Corporation’s programs, or of 

securing or discharging obligations owing to the Corporation, or of 

otherwise protecting the financial interests of the Corporation: Provided, That the authority contained in this subsection shall not be 

utilized by the Corporation for the purpose of acquiring real property, or any interest therein, in order to provide storage facilities 

for any commodity unless the Corporation determines that existing 

privately owned storage facilities for such commodity in the area 

concerned are not adequate: Provided further, That no refrigerated 

cold storage facilities shall be constructed or purchased except with 

funds specifically provided by Congress for that purpose: And provided further, That any contract entered into by the Corporation for 

the use of a storage facility shall provide at least that (1) the rental 

rate charged for an extended term in excess of one year shall be 

at an annual rate less than that which is charged for a one-year 

contract, (2) any obligation of the Corporation to pay for the use of 

any space in a facility shall be relieved to the extent that the Corporation does not use the space and payment is made by another 

person for the use of such space, and (3) if the Corporation determines that it no longer needs the space reserved in the facility, the 

Corporation may be relieved, for the remaining term of the contract, of its obligations to an extent and in a manner that will provide significant savings to the Corporation while permitting the 

owner of the facility reasonable time to lease such space to another 

person: And provided further, That nothing contained in this subsection shall limit the duty of the Corporation, to the maximum extent practicable consistent with the fulfillment of the Corporation’s 

purposes and the effective and efficient conduct of its business, to 

utilize the usual and customary channels, facilities, and arrangements of trade and commerce in the warehousing of commodities: 

And provided further, That to encourage the storage of grain on 

farms, where it can be stored at the lowest cost, the Corporation 

may make loans to grain growers needing storage facilities when 

such growers shall apply to the Corporation for financing the construction or purchase of suitable storage, and these loans shall be 

deducted from the proceeds of price support loans or purchase 

agreements made between the Corporation and the growers, except 

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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 Conservation and Domestic Allotment Act and are included in the producer’s conservation plan approved by the local soil and water conservation district; such loans shall be for a period not to exceed ten 

years at a rate of interest based upon the rate of interest charged 

the Corporation by the United States Treasury; the Corporation 

may make loans to any one producer in any fiscal year in an 

amount not to exceed $25,000; loans up to $10,000 in amount may 

be unsecured and loans in excess of $10,000 shall be secured; and 

the total of such unsecured and secured loans made in each fiscal 

year shall not exceed $200,000,000: Provided, That the authority 

provided by this sentence to make loans shall be effective only to 

the extent and in such amounts as may be provided for in prior appropriation Acts. Notwithstanding any other provision of law, the 

Commodity Credit Corporation shall, to the maximum extent practicable, in consultation with the Secretary of State, and upon terms 

and conditions prescribed or approved by the Secretary of Agriculture, accept strategic and critical materials produced abroad in 

exchange for agricultural commodities acquired by the Corporation. 

Insofar as practicable, in effecting such exchange of goods, the Secretary shall: (1) use normal commercial trade channels; (2) take action to avoid displacing usual marketings of United States agricultural commodities and the products thereof; (3) take reasonable 

precautions to prevent the resale or transshipment to other countries, or use for other than domestic use in the importing country, 

of agricultural commodities used for such exchange; and (4) give 

priority to commodities easily storable and those which serve as 

prime incentive goods to stimulate production of critical and strategic materials. The Corporation may solicit bids from, and utilize, 

private trading firms to effect such exchange of goods. The determination of the quantities and qualities of such materials which 

are desirable for stock piling and the determination of which materials are strategic and critical shall be made in the manner prescribed by section 3 of the Strategic and Critical Materials Stock 

Piling Act. Strategic and critical materials acquired by Commodity 

Credit Corporation in exchange for agricultural commodities shall, 

to the extent approved by the President, be transferred to the stock 

pile provided for by the Strategic and Critical Materials Stock Piling Act; and in the same fiscal year such materials are transferred 

to the stock pile the Commodity Credit Corporation shall be reimbursed for the strategic and critical materials so transferred to the 

stock pile from the funds made available for the purpose of the 

Strategic and Critical Materials Stock Piling Act, in an amount 

equal to the fair market value, as determined by the Secretary of 

the Treasury, of the material transferred to the stock pile. If the 

volume of petroleum products (including crude oil) stored in the 

Strategic Petroleum Reserve is less than the level prescribed under 

section 154 of the Energy Policy and Conservation Act (42 U.S.C. 


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6234), the Corporation shall, to the maximum extent practicable 

and with the approval of the Secretary of Agriculture, make available annually to the Secretary of Energy, upon the request of the 

Secretary of Energy, a quantity of agricultural products owned by 

the Corporation with a market value at the time of such request 

of at least $300,000,000 for use by the Secretary of Energy in acquiring petroleum products (including crude oil) produced abroad 

for placement in the Strategic Petroleum Reserve through an exchange of such agricultural products. The terms and conditions of 

each such exchange, including provisions for full reimbursement to 

the Commodity Credit Corporation, shall be determined by the Secretary of Energy and the Secretary of Agriculture. Nothing contained herein shall limit the authority of the Commodity Credit 

Corporation to acquire, hold, or dispose of such quantity of strategic and critical materials as it deems advisable in carrying out 

its functions and protecting its assets: Provided, That, notwithstanding any other provision of law, where a grain storage facility 

owned by the Corporation is not needed by the Corporation and, 

upon being offered for sale no person offers to pay the minimum 

price set by the Corporation for such facility for use in connection 

with storage or handling of agricultural commodities, then the Corporation may, without declaring such facility to be excess property, 

sell it by bids at not less than such minimum price to any public 

or private nonprofit agency or organization for use for the purposes 

of such agency or organization. This provision shall apply also to 

facilities which on the effective date of this Act have been declared 

excess to the needs of the Commodity Credit Corporation but have 

not been claimed by any other Government agency, or surplus to 

the needs of the Government but not disposed of pursuant to the 

provisions of [the Federal Property and Administrative Services act 

of 1949, as amended] chapter 5 of title 40, United States Code. 

§ 714l (Community Credit Corporation Charter Act, § 14) 

SEC. 14. INTEREST OF MEMBERS OF THE CONGRESS.—The provisions of [section 1 of the Act of February 27, 1877, as amended (41 

U.S.C., 1940 edition, 22)] section 6306(a) of title 41, United States 

Code, shall apply to all contracts or agreements of the Corporation, 

except contracts or agreements of a kind which the Corporation 

may enter into with farmers participating in a program of the Corporation. 

§ 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 reimbursable basis or otherwise, such assistance as the Administrator 

deems necessary to carry out his functions and duties pursuant to 

this Act, including, but not limited to, transfer of personnel with 

their consent and without prejudice to their position and ratings. 

(b) POWERS.—With respect to this Act, the Administrator is authorized to— 

(1) enter into, without regard to [section 3709 of the Revised 

Statutes, as amended (41 U.S.C. 5)] section 6101 of title 41, 


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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 accordance with such rules as the Secretary of Energy may prescribe 

in accordance with the provisions of this section. Each application 

for funding shall be made in writing in such form and with such 

content and other submissions as the Secretary of Energy shall require. The Secretary of Energy may enter into contracts under this 

section without regard to [section 3709 of the Revised Statutes (41 

U.S.C. 5)] section 6101 of title 41, United States Code. 

* * * 

(e) When contracting and otherwise using Federal funds to conduct demonstrations under this chapter, the Secretary of Energy 

shall seek cost-sharing with others to the maximum extent practical. During the first 2 years of demonstration activities the Secretary of Energy may enter into procurement or lease contracts for 

purposes of carrying out demonstrations under this chapter without regard to the provisions of [title III of the Act of March 3, 1933 

(47 Stat. 1520; 41 Stat. 10a–10c)] chapter 83 of title 41, United 

States Code. 

§ 2609 (Toxic Substances Control Act, § 10) 

SEC. 10. RESEARCH, DEVELOPMENT, COLLECTION, DISSEMINATION, AND UTILIZATION OF DATA. 

(a) AUTHORITY.— The Administrator shall, in consultation and 

cooperation with the Secretary of Health and Human Services and 

with other heads of appropriate departments and agencies, conduct 

such research, development, and monitoring as is necessary to 

carry out the purposes of this chapter. The Administrator may 

enter into contracts and may make grants for research, development, and monitoring under this subsection. Contracts may be entered into under this subsection without regard to [sections 3648 

and 3709 of the Revised Statutes (31 U.S.C. 529, 41 U.S.C. 5)] section 3324(a) and (b) of title 31, United States Code, and section 

6101 of title 41, United States Code. 

(b) DATA SYSTEMS.—(1) The Administrator shall establish, administer, and be responsible for the continuing activities of an 

interagency committee which shall design, establish, and coordinate an efficient and effective system, within the Environmental 

Protection Agency, for the collection, dissemination to other Federal 

departments and agencies, and use of data submitted to the Administrator under this chapter. 

(2)(A) The Administrator shall, in consultation and cooperation 

with the Secretary of Health and Human Services and other heads 

of appropriate departments and agencies design, establish, and coordinate an efficient and effective system for the retrieval of toxiVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00078 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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cological and other scientific data which could be useful to the Administrator in carrying out the purposes of this chapter. Systematized retrieval shall be developed for use by all Federal and other 

departments and agencies with responsibilities in the area of regulation or study of chemical substances and mixtures and their effect on health or the environment. 

(B) The Administrator, in consultation and cooperation with the 

Secretary of Health and Human Services, may make grants and 

enter into contracts for the development of a data retrieval system 

described in subparagraph (A). Contracts may be entered into 

under this subparagraph without regard to [sections 3648 and 3709 

of the Revised Statutes (31 U.S.C. 529, 41 U.S.C. 5)] section 

3324(a) and (b) of title 31, United States Code, and section 6101 of 

title 41, United States Code. 

§ 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 application therefor has been submitted to and approved by the Secretary. 

Such an application shall be submitted in such form and manner 

and contain such information as the Secretary may require. The 

Secretary may apply such conditions to grants and contracts under 

subsection (a) of this section as the Secretary determines are necessary to carry out the purposes of such subsection. Contracts may 

be entered into under such subsection without regard to [sections 

3648 and 3709 of the Revised Statutes (31 U.S.C. 529, 41 U.S.C. 

5)] section 3324(a) and (b) of title 31, United States Code, and section 6101 of title 41, United States Code. 

§ 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 Federal agency or department under the Program for— 

(i) unmanufactured articles, materials, or supplies 

mined or produced outside the United States; or 

(ii) manufactured articles, materials, or supplies 

other than those manufactured in the United States 

substantially all from articles, materials, or supplies 

mined, produced, or manufactured in the United 

States, 


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under the meaning of [title III of the Act of March 3, 1933 

(41 U.S.C. 10a–10d; popularly known as the Buy American 

Act)] chapter 83 of title 41, United States Code. 

* * * 

(c) APPLICATION OF [BUY AMERICAN ACT] CHAPTER 83 OF TITLE

41, UNITED STATES CODE.—This Act does not affect the applicability of [title III of the Act of March 3, 1933 (41 U.S.C. 10a–10d; 

popularly known as the Buy American Act), as amended by the 

Buy American Act of 1988,] chapter 83 of title 41, United States 

Code to procurements by Federal agencies and departments undertaken as a part of the Program. 

TITLE 16—CONSERVATION 

§ 1a–2(g) (Public Law 91–383, § 3(g)) 

SEC. 3. In order to facilitate the administration of the national 

park system, the Secretary of the Interior is authorized, under such 

terms and conditions as he may deem advisable, to carry out the 

following activities: 

* * * 

(g) Sell at fair market value without regard to the requirements of [the Federal Property and Administrative Services 

Act of 1949, as amended,] chapter 5 of title 40, United States 

Code products and services produced in the conduct of living 

exhibits and interpretive demonstrations in areas of the national park system, to enter into contracts including cooperative arrangements with respect to such living exhibits and interpretive demonstrations, and to credit the proceeds therefrom 

to the appropriation bearing the cost of such exhibits and demonstrations. Sixty percent of the fees paid by permittees for the 

privilege of entering into Glacier Bay for the period beginning 

on the first full fiscal year following November 12, 1996, shall 

be deposited into a special account and that such funds shall 

be available— 

§ 17b (Act of May 26, 1930, § 3) 

SEC. 3. That the Secretary of the Interior is hereby authorized 

to contract for services or other accommodations provided in the 

national parks and national monuments for the public under contract with the Department of the Interior, as may be required in 

the administration of the National Park Service, at rates approved 

by him for the furnishing of such services or accommodations to the 

Government and without compliance with the provisions of [section 

3709 of the Revised Statutes of the United States] section 6101 of 

title 41, United States Code. 

§ 17i (Act of May 26, 1930, § 10) 

Hereafter the National Park Service may hire, with or without 

personal services, work animals and animal-drawn and motor-propelled vehicles and equipment at rates to be approved by the Secretary of the Interior and without compliance with the provisions 


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of [sections 3709 and 3744 of the Revised Statutes] section 6101 of 

title 41, United States Code. 

§ 79c (Public Law 90–545, § 3) 

SEC. 3. (a) The Secretary is authorized to acquire lands and interests in land within the boundaries of the Redwood National 

Park and, in addition thereto, not more than ten acres outside of 

those boundaries for an administrative site or sites. Such acquisition may be by donation, purchase with appropriated or donated 

funds, exchange, or otherwise, but lands and interests in land 

owned by the State of California may be acquired only by donation 

which donation of lands or interest in lands may be accepted in the 

discretion of the Secretary subject to such preexisting reverters and 

other conditions as may appear in the title to these lands held by 

the State of California, and such other reverters and conditions as 

may be consistent with the use and management of the donated 

lands as a portion of Redwood National Park. Notwithstanding any 

other provision of law, the Secretary may expend appropriated 

funds for the management of and for the construction, design, and 

maintenance of permanent improvements on such lands and interests in land as are donated by the State of California in a manner 

not inconsistent with such reverters and other conditions. 

(b)(1) Effective on the date of enactment of this Act, there is 

hereby vested in the United States all right, title, and interest in, 

and the right to immediate possession of, all real property within 

the park boundaries designated in maps NPS–RED–7114–A and 

NPS–RED–7114–B and effective on March 27, 1978, there is hereby vested in the United States all right, title, and interest in, and 

the right to immediate possession of, all real property within the 

area indicated as ‘‘Proposed Additions’’ on the map entitled ‘‘Additional Lands, Redwood National Park, California,’’ numbered 167– 

80005–D and dated March 1978, and all right, title, and interest 

in, and the right to immediate possession of the down tree personal 

property (trees severed from the ground by man) severed prior to 

January 1, 1975, or subsequent to January 31, 1978, within the 

area indicated as ‘‘Proposed Additions’’ on the map entitled ‘‘Additional Lands, Redwood National Park, California,’’ numbered 167– 

80005–D and dated March 1978, except real property owned by the 

State of California or a political subdivision thereof and except as 

provided in paragraph (3) of this subsection. The Secretary shall 

allow for the orderly termination of all operations on real property 

acquired by the United States under this subsection, and for the 

removal of equipment, facilities, and personal property therefrom. 

* * * 

(2) The United States will pay just compensation to the owner of 

any real property taken by paragraph (1) of this subsection. Such 

compensation shall be paid either: (A) by the Secretary of the 

Treasury from money appropriated from the Land and Water Conservation Fund, including money appropriated to the Fund pursuant to section 4(b) of the Land and Water Conservation Fund Act 

of 1965, as amended, subject to the appropriation limitation in section 10 of this Act, upon certification to him by the Secretary of the 

agreed negotiated value of such property, or the valuation of the 

property awarded by judgment, including interest at the rate of 6 


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per centum per annum from the date of taking the property to the 

date of payment therefor; or (B) by the Secretary, if the owner of 

the land concurs, with any federally owned property available to 

him for purposes of exchange pursuant to the provisions of section 

79e of this title; or (C) by the Secretary using any combination of 

such money or federally owned property. Any action against the 

United States with regard to the provisions of this subchapter and 

for the recovery of just compensation for the lands and interests 

therein taken by the United States, and for the down tree personal 

property taken, shall be brought in the United States district court 

for the district where the land is located without regard to the 

amount claimed. The United States may initiate proceedings at any 

time seeking a determination of just compensation in the district 

court in the manner provided by sections 1358 and 1403 of title 28, 

United States Code, and may deposit in the registry of the court 

the estimated just compensation, or a part thereof, in accordance 

with the procedure generally described by section 258aa of title 40, 

United States Code. Interest shall not be allowed on such amounts 

as shall have been paid into the court. In the event that the Secretary determines that the fee simple title to any property (real or 

personal) taken under this section is not necessary for the purposes 

of this Act, he may, with particular attention to minimizing the 

payment of severance damages and to allow for the orderly removal 

of down timber, revest title to such property subject to such reservations, terms, and conditions, if any, as he deems appropriate 

to carry out the purposes of this Act, and may compensate the 

former owner for no more than the fair market value of the rights 

so reserved, except that the Secretary may not revest title to any 

property for which just compensation has been paid; or, the Secretary may sell at fair market value without regard to the requirements of [the Federal Property and Administrative Services Act of 

1949, as amended] chapter 5 of title 40, United States Code, such 

down timber as in his judgment may be removed without damage 

to the park, the proceeds from such sales being credited to the 

Treasury of the United States. If the State of California designates 

a right-of-way for a bypass highway around the eastern boundary 

of Prairie Creek Redwood State Park prior to October 1, 1984, the 

Secretary is authorized and directed to acquire such lands or interests in lands as may be necessary for such a highway and, subject 

to such conditions as the Secretary may determine are necessary 

to assure the adequate protection of Redwood National Park, shall 

thereupon donate the designated right-of-way to the State of California for a new bypass highway from a point south of Prairie 

Creek Redwood State Park through the drainage of May Creek and 

Boyes Creek to extend along the eastern boundary of Prairie Creek 

Redwood State Park within Humboldt County. Such acreage as 

may be necessary in the judgment of the Secretary for this conveyance, and for a buffer thereof, shall be deemed to be a publicly 

owned highway for purposes of section 101(a)(2) of this amendment 

effective on the date of enactment of this section. 

* * * 

(c) If any individual tract or parcel of land acquired is partly inside and partly outside the boundaries of the park or the administrative site the Secretary may, in order to minimize the payment 


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of severance damages, acquire the whole of the tract or parcel and 

exchange that part of it which is outside the boundaries for land 

or interests in land inside the boundaries or for other land or interests in land acquired pursuant to this Act, and dispose of so much 

thereof as is not so utilized in accordance with the provisions of 

[the Federal Proprety and Administrative Services Act of 1949 (63 

Stat. 377)] chapter 5 of title 40. The cost of any land so acquired 

and disposed of shall not be charged against the limitation on authorized appropriations contained in section 10 of this Act. 

§ 160b(a) (Public Law 91–661, § 201(a)) 

SEC. 201. (a) The Secretary may acquire lands or interests therein within the boundaries of the park by donation, purchase with 

donated or appropriated funds, or exchange. When any tract of 

land is only partly within such boundaries, the Secretary may acquire all or any portion of the land outside of such boundaries in 

order to minimize the payment of severance costs. Land so acquired outside of the park boundaries may be exchanged by the 

Secretary for non-Federal lands within the park boundaries. Any 

portion of land acquired outside the park boundaries and not utilized for exchange shall be reported to the General Services Administration for disposal under [the Federal Property and Administrative Services Act of 1949 (63 Stat. 77), as amended ] chapter 5 of 

title 40, United States Code. Any Federal property located within 

the boundaries of the park may be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of the park. Lands within the boundaries of the park owned 

by the State of Minnesota, or any political subdivision thereof, may 

be acquired only by donation. 

§ 343b (Act of December 22, 1944, § 2) 

SEC. 2. The Secretary of the Interior, for and on behalf of the 

United States of America, is authorized and directed to accept the 

conveyance and transfer of such property without regard to the 

provisions of [section 355, as amended, section 116, as amended 

and section 3709 of the Revised Statutes (except the last paragraph 

of said section 355, as amended)] sections 3111 and 3112 of title 40, 

United States Code, and section 6101 of title 41, United States Code 

(except said section 3112, which shall be applicable hereto), or any 

other provision of law. The Secretary of the Interior is further authorized and directed to pay all necessary fees, charges, and expenses in connection with such conveyance and transfer. 

§ 396f (Public Law 98–146, § 317) 

SEC. 317. Notwithstanding any other provision of law, the Secretary of the Interior is authorized and shall seek to acquire the 

private lands described in section 505(a) of the Act of November 10, 

1978 (92 Stat. 3467), by crediting a surplus property account, to be 

established in the name of each landowner, in the amount of the 

acquisition price for such landowner’s lands. The National Park 

Service shall update the existing appraisals for the parcels and, 

based on the approved appraised values, shall negotiate with the 

landowners for acquisition prices. Each owner may, using such 

credits in his surplus property account, bid, as any other bidder for 

surplus property, wherever located, in accordance with [the Federal 


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Property and Administrative Services Act of 1949] chapter 5 title 

40, United States Code. The Administrator of the General Services 

Administration shall establish each landowner’s surplus property 

account and shall adjust the credits in such accounts to reflect successful bids under this section. Title to the lands described in this 

section shall pass to the Government at the time of establishment 

of the surplus property accounts. The credits in any of the surplus 

property accounts may be transferred or sold in whole or in part 

at any time by the landowner to any other party, thereby vesting 

such party with all the rights of the landowner, and after such 

transfer, the landowner shall notify the Administrator of the transfer. At any time the Secretary may purchase the balance of any 

surplus property account subject to the availability of appropriated 

funds. The land owner may also use the credits in exchange for excess lands, wherever located, under the jurisdiction of the Secretary 

of the Interior. 

§ 396f note (Department of Defense Appropriations Act, 1990, 

§ 9102(e)) 

SEC. 9102. USE OF ACCOUNTS FOR SALE OF PROPERTIES BY AGENCIES.—(a) AVAILABILITY OF AMOUNTS IN ACCOUNTS.— 

* * * 

(e) PROPERTY DEFINED.—Notwithstanding the definition of ‘‘property’’ found in [the Federal Property and Administrative Services 

Act of 1949, as amended] section 102 of title 41, United States 

Code, in this section the term ‘‘property’’ includes any property— 

real, personal (including intangible assets sold or offered by the 

Federal Deposit Insurance Corporation or the Resolution Trust 

Corporation, such as financial instruments, notes, loans, and 

bonds), or mixed—owned, held, or controlled by the United States 

(including that in a corporate capacity or as a receiver or conservator, or such other similar fiduciary relationship), and offered for 

sale by any agency or instrumentality of the United States, including but not limited to the General Services Administration, Department of Defense, Department of the Interior, Department of Agriculture, Department of Housing and Urban Development, the 

United States Courts and any Government corporation, agency or 

instrumentality subject to chapter 91 of title 31, United States 

Code; real property as used in this section means any land or interest in land or option to purchase land, any improvements on such 

lands, or rights to their use or exploitation. 

§ 410r–6(d) (Everglades National Park Protection and Expansion 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-FedVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00084 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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eral lands within the boundaries, and any land so acquired and not 

utilized for exchange shall be reported to the General Services Administration for disposal under [the Federal Property and Administrative Services Act of 1949, as amended] chapter 5 of title 40, 

United States Code. 

§ 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 purchase, donation, with donated funds, or by exchange, utilizing for 

such exchanges federally owned lands of approximately equal value 

excluded from the park pursuant to this Act. Federally owned 

lands so excluded which the Secretary of the Interior determines 

are not needed for such exchanges shall be disposed of in accordance with the provisions of [the Federal Property and Administrative Services Act of 1949, as amended] chapter 5 of title 40, United 

States Code. 

§ 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 subsection (b) of this section shall be reported to the Administrator of 

General Services as excess to the needs of the Department of the 

Interior and shall be subject to transfer or disposition in accordance with [the Federal Property and Administrative Services Act of 

1949, as amended] chapter 5 of title 40, United States Code. 

§ 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 onehalf miles wide which is in the north-western part of such Indian 

reservation and has been used by the United States Air Force as 

a gunnery range since the early part of World War II, (C) the tribal 

lands within such gunnery range were leased by the Federal Government and the other lands within such gunnery range were purchased by the Federal Government from the individual owners 

(mostly Indians), (D) the Department of the Air Force has declared 

most of such gunnery range lands excess to its needs and such excess lands have been requested by the National Park Service under 

[the Federal Property and Administrative Services Act of 1949] 

chapter 5 of title 40, United States Code, (E) the leased tribal lands 

and the excess lands within the enlarged Badlands National Park 

are needed for the park, (F) the other excess lands in such gunnery 

range should be restored to the former Indian owners of such 

lands, and (G) the tribe is unwilling to sell its tribal lands for inclusion in the national park, but is willing to exchange them or interests therein for the excess gunnery range lands, which, insofar 

as the lands within the gunnery range formerly held by the tribe 

are concerned, should be returned to Indian ownership in any 


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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, § 2(a)) 

SEC. 2. (a) The memorial authorized herein shall be constructed 

in general, in accordance with the plan approved by the United 

States Territorial Expansion Memorial Commission on May 25, 

1948. The Secretary of the Interior is authorized to enter into such 

contracts as may be necessary to carry out the purposes of this Act. 

The Secretary is also authorized to employ, in his discretion, by 

contract or otherwise, landscape architects, architects, engineers, 

sculptors, artists, other expert consultants, or firms, partnerships, 

or associations thereof, and to include in any such contract provision for the utilization of the services and facilities, and the payment of the travel and other expenses, of their respective organizations, in accordance with the usual customs of the several professions and at the prevailing rates for such services and facilities, 

without regard to the civil-service laws or regulations, the Classification Act of 1929, [section 3709 of the Revised Statutes, as 

amended] section 6101 of title 41, United States Code, or any other 

law or regulation relating to either employment or compensation. 

§ 459a–4 note (Public Law 87–313) 

That the tract of Federal property comprising eight and onetenth acres of land situated in Dare County, North Carolina, approximately two miles north of Kitty Hawk, which was transferred 

to the administrative jurisdiction of the Department of the Interior 

by the Act of June 3, 1948 (62 Stat. 301; 16 U.S.C. 459a), to be administered as a part of the Cape Hatteras National Seashore Recreational Area, may be disposed of by the Administrator of General 

Services in accordance with the provisions of [the Federal Property 

and Administrative Services Act of 1949, as amended] chapter 5 of 

title 40, United States Code. 

§ 460l–5(a) (Land and Water Conservation Fund Act of 1965, 

§ 2(a)) 

SEC. 2. SEPARATE FUND.—During the period ending September 

30, 2015, there shall be covered into the land and water conservation fund in the Treasury of the United States, which fund is hereby established and is hereinafter referred to as the ‘‘fund’’, the following revenues and collections: 

(a) SURPLUS PROPERTY SALES.—All proceeds (except so much 

thereof as may be otherwise obligated, credited, or paid under authority of those provisions of law set forth in section 485(b) (e), title 

40, United States Code, or the Independent Offices Appropriation 

Act, 1963 (76 Stat. 725) or in any later appropriation Act) hereafter 

received from any disposal of surplus real property and related personal property under [the Federal Property and Administrative 

Services Act of 1949, as amended] chapter 5 of title 40, United 

States Code, notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury. 

Nothing in this part shall affect existing laws or regulations concerning disposal of real or personal surplus property to schools, 

hospitals, and States and their political subdivisions. 


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§ 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 appropriated for development of the area, reimburse such State for its 

share of the cost of facilities developed on State park lands if such 

facilities were developed in a manner approved by the Secretary 

and if the development of such facilities commenced subsequent to 

the enactment of this Act: Provided further, That such reimbursement shall not exceed a total of $375,000. When an individual tract 

of land is only partly within the boundaries of the national river, 

the Secretary may acquire all of the tract by any of the above 

methods in order to avoid the payment of severance costs. Land so 

acquired outside of the boundaries of the national river may be exchanged by the Secretary for non-Federal lands within the national 

river boundaries, and any portion of the land not utilized for such 

exchanges may be disposed of in accordance with the provisions of 

[the Federal Property and Administrative Services Act of 1949 (63 

Stat. 377; 40 U.S.C. 471 et seq.), as amended] chapter 5 of title 40, 

United States Code. With the concurrence of the agency having custody thereof, any Federal property within the boundaries of the national river may be transferred without consideration to the administrative jurisdiction of the Secretary for administration as part of 

the national river. 

§ 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 

land is only partly within the area designated, the Secretary may 

acquire the entire tract by any of the above methods to avoid the 

payment of severance costs. Land so acquired outside the designated area may be exchanged by the Secretary for non-Federal 

lands within such area, and any portion of the land not utilized for 

such exchanges may be disposed of in accordance with the provisions of [the Federal Property and Administrative Services Act of 

1949 (63 Stat. 377), as amended (40 U.S.C. 471 et seq.)] chapter 

5 of title 40, United States Code. 

§ 460bb–2(a) (Public Law 92–589, § 3(a)) 

SEC. 3. (a) Within the boundaries of the recreation area, the Secretary may acquire lands, improvements, waters, or interests 

therein, by donation, purchase, exchange or transfer. Any lands, or 

interests therein, owned by the State of California or any political 

subdivision thereof, may be acquired only by donation. When any 

tract of land is only partly within such boundaries, the Secretary 

may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so 

acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries. Any portion of 

land acquired outside the boundaries and not utilized for exchange 

shall be reported to the General Services Administration for disVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00087 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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posal under [the Federal Property and Administrative Services Act 

of 1949 (63 Stat. 377), as amended] chapter 5 of title 40, United 

States Code: Provided, That no disposal shall be for less than fair 

market value. Except as hereinafter provided, Federal property 

within the boundaries of the recreation area is hereby transferred 

without consideration to the administrative jurisdiction of the Secretary for the purposes of this Act, subject to the continuation of 

such existing uses as may be agreed upon between the Secretary 

and the head of the agency formerly having jurisdiction over the 

property. Notwithstanding any other provision of law, the Secretary may develop and administer for the purposes of this Act 

structures or other improvements and facilities on lands for which 

he receives a permit of use and occupancy from the Secretary of the 

Army. 

§ 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 Engineers. The Secretary, in accordance with the national recreation 

area concept included in the interagency report prepared pursuant 

to section 218 of the Flood Control Act of 1968 (Public Law 90–483) 

by the Corps of Engineers, the Department of the Interior, and the 

Department of Agriculture, as modified by this section, is authorized and directed to establish on the Big South Fork of the Cumberland River in Kentucky and Tennessee the Big South Fork National River and Recreation Area (hereafter in this section referred 

to as the ‘‘National Area’’) for the purposes of conserving and interpreting an area containing unique cultural, historic, geologic, fish 

and wildlife, archeologic, scenic, and recreational values, preserving 

as a natural, free-flowing stream the Big South Fork of the Cumberland River, major portions of its Clear Fork and New River 

stems, and portions of their various tributaries for the benefit and 

enjoyment of present and future generations, the preservation of 

the natural integrity of the scenic gorges and valleys, and the development of the area’s potential for healthful outdoor recreation. 

The boundaries shall be as generally depicted on the drawing prepared by the Corps of Engineers and entitled ‘‘Big South Fork National River and Recreation Area’’ identified as map number BSF– 

NRRA(1)(A) and dated October 1972, which shall be on file and 

available for public inspection in the office of the District Engineer, 

U.S. Army Engineer District, Nashville, Tennessee. The Secretary 

may acquire sites at locations outside such boundaries, as he determines necessary, for administrative and visitor orientation facilities. The Secretary may also acquire a site outside such boundaries 

at or near the location of the historic Tabard Inn in Ruby, Tennessee, including such lands as he deems necessary, for the establishment of a lodge with recreational facilities as provided in subsection (e)(3) of this section. 

* * * 

(c)(1) Within the boundaries of the National Area, the Secretary 

may acquire lands and waters or interests therein by donation, 

purchase with donated or appropriated funds, or exchange or otherwise, except that lands (other than roads and rights-of-way for 


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roads) owned by the States of Kentucky and Tennessee or any political subdivisions thereof which were in public ownership at the 

time of enactment of this section may be acquired only by donation. 

When an individual tract of land is only partly within the boundaries of the National Area, the Secretary may acquire all of the 

tract by any of the above methods in order to avoid the payment 

of severance costs. Land so acquired outside of the boundaries of 

the National Area may be exchanged by the Secretary for non-Federal lands within the National Area boundaries, and any portion of 

the land not utilized for such exchanges may be disposed of in accordance with the provisions of [the Federal Property and Administrative Services Act of 1949 (63 Stat. 377; 40 U.S.C. 471 et seq.)] 

chapter 5 of title 40, United States Code. Notwithstanding any 

other provision of law, any Federal property within the boundaries 

of the National Area shall be transferred without consideration to 

the administrative jurisdiction of the Secretary for the purposes of 

this section. 

§ 460ff–1(d) (Public Law 93–555, § 2(d)) 

SEC. 2. (a) The park shall comprise the lands and waters generally depicted on the map entitled ‘‘Boundary Map, Cuyahoga Valley National Park, Ohio’’, numbered 644–80,054 and dated July 

1986, which shall be on file and available for inspection in the offices of the National Park Service, Department of the Interior, 

Washington, District of Columbia, and in the main public library 

of Akron, Ohio, and Cleveland, Ohio. After advising the Committee 

on Energy and Natural Resources of the Senate and the Committee 

on Natural Resources of the House of Representatives, in writing, 

the Secretary may make minor revisions of the boundaries of the 

park when necessary by publication of a revised drawing or other 

boundary description in the Federal Register: Provided, That with 

respect to the property known as the Hydraulic Brick Company located in Independence, Ohio, the Secretary shall have the first 

right of refusal to purchase such property for a purchase price not 

exceeding the fair market value of such property on the date it is 

offered for sale. When acquired such property shall be administered 

as part of the park, subject to the laws and regulations applicable 

thereto. The park shall also comprise any lands designated as ‘‘City 

of Akron Lands’’ on the map referred to in the first sentence which 

are offered as donations to the Department of the Interior or which 

become privately owned. The Secretary shall revise such map to depict such lands as part of the park. 

* * * 

(d) When any tract of land is only partly within the boundaries 

of the park, the Secretary may acquire all or any portion of the 

land outside of such boundaries in order to minimize the payment 

of severance costs. Land so acquired outside of the boundaries may 

be exchanged by the Secretary for non-Federal lands within the 

boundaries. Any portion of the land acquired outside the boundaries and not utilized for exchange shall be reported to the General 

Services Administration for disposal under [the Federal Property 

and Administrative Services Act of 1949, as amended] chapter 5 of 

title 40, United States Code: Provided, That no disposal shall be for 

less than the fair market value of the lands involved. 


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§ 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 acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries, and any land 

so acquired and not utilized for exchange shall be reported to the 

General Services Administration for disposal under [the Federal 

Property and Administrative Services Act of 1949 (63 Stat. 377), as 

amended] chapter 5 of title 40, United States Code. Any Federal 

property located within the boundaries of the recreation area may 

be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of the recreation area. Lands 

within the boundaries of the recreation area owned by the State of 

Oklahoma, or any political subdivision thereof, may be acquired 

only by donation: Provided, That the Secretary may also acquire 

lands by exchange with the city of Sulphur, utilizing therefor only 

such lands as may be excluded from the recreation area which were 

formerly within the Platt National Park. 

§ 460ii–1(b) (Public Law 95–344, § 102(b)) 

SEC. 102. (a) Within the recreation area the Secretary is authorized to acquire lands, waters, and interests therein by donation, 

purchase from willing sellers with donated or appropriated funds, 

or exchange. Property owned by the State of Georgia or any political subdivision thereof may be acquired only by donation. 

(b) When a tract of land lies partly within and partly without the 

boundaries of the recreation area, the Secretary may acquire the 

entire tract by any of the above methods in order to avoid the payment of severance costs. Land so acquired outside of the boundaries 

of the recreation area may be exchanged by the Secretary for nonFederal land within such boundaries, and any portion of the land 

not utilized for such exchanges may be disposed of in accordance 

with the provisions of [the Federal Property and Administrative 

Services Act of 1949 (40 U.S.C. 471 et seq.)] chapter 5 of title 40, 

United States Code. 

§ 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 structures and facilities, that the Secretary determines cannot be efficiently managed and maintained either by the Forest Service 

or by lease or permit to other persons may be declared excess 

by the Secretary and— 

* * * 

(B) disposed of under [the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)] chapter 5 of title 40, United States Code. 


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§ 504 (Act of June 30, 1914, proviso relating to open purchase, without advertising, of seeds, cones, and 

nursery stock) 

That the provisions of [section 3709, Revised Statutes (41 U.S.C. 

5)] section 6101 of title 41, United States Code, shall not apply to 

any purchase by the Forest Service of forest-tree seed or cones or 

of forage plant seed when the amount involved does not exceed 

$10,000, nor to any purchase of forest-tree nursery stock when the 

amount involved does not exceed $500, whenever, in the discretion 

of the Secretary of Agriculture, such method is in the public interest. 

§ 505a (Act of July 26, 1956, first section) 

The Secretary of Agriculture with respect to National Forest System lands and the Secretary of a military department with respect 

to lands under the control of the military department which lie 

within or adjacent to the exterior boundaries of a unit of the National Forest System are authorized, subject to any applicable provisions of [the Federal Property and Administrative Services Act of 

1949, as amended] chapter 5 of title 40, United States Code, to 

interchange such lands, or any part thereof, without reimbursement or transfer of funds whenever they shall determine that such 

interchange will facilitate land management and will provide maximum use thereof for authorized purposes: Provided, That no such 

interchange of lands shall become effective until forty-five days 

(counting only days occurring during any regular or special session 

of the Congress) after the submission to the Congress by the respective Secretaries of notice of intention to make the interchange. 

§ 580c (Act of April 24, 1950, § 3) 

SEC. 3. The provisions of [section 3709, Revised Statutes (41 

U.S.C. 5)] section 6101 of title 41, United States Code, shall not 

apply to purchases by the Forest Service of (1) materials to be tested or upon which experiments are to be made or (2) special devices, 

test models, or parts thereof, to be used (a) for experimentation to 

determine their suitability for or adaptability to accomplishment of 

the work for which designed or (b) in the designing or developing 

of new equipment: Provided, That not to exceed $50,000 may be expended in any one fiscal year pursuant to this authority and not 

to exceed $10,000 on any one item or purchase. 

§ 590q–1 (Department of Agriculture Organic Act of 1944, 

§ 302(b)) 

SEC. 302. (a) Section 6 of the Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C. 590f), is amended by adding 

at the end thereof a new paragraph, to read as follows: 

* * * 

(b) The Soil Conservation Service subject to applicable regulations under [the Federal Property and Administrative Services Act 

of 1949, as amended] chapter 5 of title 40, United States Code, may 

sell and distribute supplies, materials, and equipment to other 

Government activities, the cost of such supplies and materials or 

the value of such equipment (including the cost of transportation 


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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 program, stabilization of the agricultural economy and maximum utilization of funds spent for relief purposes, the Secretary of Agriculture is authorized, pursuant to cooperative agreement with the 

Secretary of the Interior, (1) to arrange for the settlement of the 

projects on a sound agricultural basis, and insofar as practicable, 

the location thereon of persons in need; (2) to extend guidance and 

advice to settlers thereon in matters of farm practice, soil conservation, and efficient land use; (3) to acquire agricultural lands within 

the boundaries of such projects, with titles and at prices satisfactory to him; and (4) to arrange for the improvement of lands within 

the project boundaries, including clearing, leveling, and preparing 

them for distribution of irrigation water. Contracts between the 

United States and water users or water users’ organizations for the 

lease or purchase of, or the improvement of, lands within such 

projects shall provide for annual or semiannual payments to the 

United States, of the number and amounts fixed by the Secretary 

of Agriculture. The lease, purchase, or improvement contracts for 

each tract of land shall provide in the aggregate for the return, in 

not to exceed fifty years from the date the land is first settled 

upon, of the costs incurred by the United States in acquiring and 

improving such tract of land with funds appropriated under authority of section 12 (2), except administrative expenses incurred in the 

District of Columbia, together with interest on unpaid balances of 

said costs at not less than 3 per centum per annum. Such lease, 

purchase, or improvement contracts shall also provide for the fulfillment of such obligations related to reimbursable construction 

costs and operation and maintenance charges as may be applicable 

to such lands in accordance with the repayment contract or contracts required by section 4. 

* * * 

(c) Where the aggregate amount involved does not exceed $300, 

the provisions of [section 3709 of the Revised Statutes (41 U.S.C. 

5) section 6101 of title 41, United States Code, shall not apply to 

any purchase or service authorized for the Department of Agriculture under this Act or under the 1940 water conservation appropriation. 

§ 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. 


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* * * 

(d) AUDIT REQUIREMENT.— 

* * * 

(2) AUDITOR.— (A) IN GENERAL.—An audit under this subsection shall 

be performed under a contract that is awarded under competitive procedures (as defined in [section 4 of the Office 

of Federal Procurement Policy Act (41 U.S.C. 403)] section 

132 of title 41, United States Code) by a person or entity 

that is not associated in any way with the Department of 

the Interior (except by way of a contract for the performance of an audit or other review). 

§ 670o(d) (Sikes Act, § 208(d)) 

SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

(a) FUNCTIONS AND RESPONSIBILITIES OF SECRETARY OF THE IN- TERIOR.—There are authorized to be appropriated $4,000,000 for 

each of fiscal years 1998 through 2003, to enable the Secretary of 

the Interior to carry out his functions and responsibilities under 

this title, including data collection, research, planning, and conservation and rehabilitation programs on public lands. Such funds 

shall be in addition to those authorized for wildlife, range, soil, and 

water management pursuant to section 318 of the Federal Land 

Policy and Management Act of 1976 (43 U.S.C. 1748), or other provisions of law. 

* * * 

(d) CONTRACT AUTHORITY.—The Secretary of the Interior and the 

Secretary of Agriculture may each make purchases and contracts 

for property and services from, or provide assistance to, the State 

agencies concerned, if such property, services or assistance is required to implement those projects and programs carried out on, or 

of benefit to, Federal lands and identified in the comprehensive 

plans or cooperative agreements developed under section 670h of 

this title without regard to [title III (other than section 304) of the 

Federal Property and Administrative Services Act of 1949 (41 

U.S.C. 251–260)] the provisions referred to in section 171(c) (except 

sections 3901 and 3905) of title 41, United States Code. Contract 

authority provided in this section is effective only to such extent or 

in such amounts as are provided in appropriation Acts. 

§ 757 (Act of May 11, 1938, § 3) 

In carrying out the authorizations and duties imposed by section 

2 of this Act, the Secretary of Commerce is authorized to utilize the 

facilities and services of the agencies of the States of Oregon, 

Washington, and Idaho responsible for the conservation of the fish 

and wildlife resources in such States, under the terms of agreements entered into between the United States and these States, 

without regard to the provisions of [section 3709 of the Revised 

Statutues] section 6101 of title 41, United States Code, and funds 

appropriated to carry out the purposes of this Act may be expended 

for the construction of facilities on and the improvement of lands 

not owned or controlled by the United States: Provided, That the 


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appropriate agency of the State wherein such construction or improvement is to be carried on first shall have obtained without cost 

to the United States the necessary title to, interest therein, rightsof-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. REQUIRMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS FOR EXPENSES FOR ADMINISTRATION. 

(a) AUTHORIZED EXPENSES FOR ADMINISTRATION.—Except as provided in subsection (b), the Secretary of the Interior may use available amounts under section 4(b) of this title only for expenses for 

administration that directly support the implementation of this Act 

that consist of— 

* * * 

(d) AUDIT REQUIREMENT.– 

* * * 

(2) AUDITOR.— 

(A) IN GENERAL.–An audit under this subsection shall be 

performed under a contract that is awarded under competitive procedures (as defined in [section 4 of the Office 

of Federal Procurement Policy Act (41 U.S.C. 403)] section 

132 of title 41, United States Code) by a person or entity 

that is not associated in any way with the Department of 

the Interior (except by way of a contract for the performance of an audit or other review). 

§ 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, subject to the civil service laws, appoint such other officers and employees as are necessary in the execution of its functions and fix 

their salaries in accordance with the Classification Act of 1949, as 

amended. The commission may request the President to detail an 

officer or officers from the Corps of Engineers, or other branches 

of the United States Army, to serve the commission as engineer officer or officers, or in any other capacity, in field work outside the 

seat of government, their duties to be prescribed by the commission; and such detail is authorized. The President may also, at the 

request of the commission, detail, assign, or transfer to the commission, engineers in or under the Departments of the Interior or 

Agriculture for field work outside the seat of government under the 

direction of the commission. 

The commission may make such expenditures (including expenditures for rent and personal services at the seat of government and 

elsewhere, for law books, periodicals, and books of reference, and 

for printing and binding) as are necessary to execute its functions. 

Expenditures by the commission shall be allowed and paid upon 

the presentation of itemized vouchers therefor, approved by the 

chairman of the commission or by such other member or officer as 


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may be authorized by the commission for that purpose subject to 

applicable regulations under the [Federal Property and Administrative Services Act of 1949, as amended] provisons referred to in 

section 171(b) and (c) of title 41, United States Code. 

§ 916l (Whaling Convenstion 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 appropriated, such sums as may be necessary to carry out the provisions 

of the convention and of this subchapter, including (1) contributions 

to the Commission for the United States share of any joint expenses of the Commission agreed by the United States and any of 

the other contracting governments, and (2) the expenses of the 

United States Commissioner and his staff, including (a) personal 

services in the District of Columbia and elsewhere, without regard 

to the Classification Act of 1923, as amended; (b) travel expenses 

without regard to the Travel Expense Act of 1949 and section 10 

of the Act of March 3, 1933 (U.S.C., title 5, sec. 73(b); (c) transportation of things, communication services; (d) rent of offices; (e) 

printing and binding without regard to [section 11 of the Act of 

March 1, 1919 (U.S.C., title 44, sec. 111), and section 3709 of the 

Revised Statutes (U.S.C., title 41, sec. 5)] section 501 of title 44, 

United States Code, and section 6101 of title 41, United States 

Code; (f) stenographic and other services by contract, if deemed 

necessary, without regard to [section 3709 of the Revised Statutes 

(U.S.C., title 41, sec. 5)] section 6101 of title 41, United States Code; 

(g) supplies and materials; (h) equipment; (i) purchase, hire, operation, maintenance, and repair of aircraft, motor vehicles (including 

passenger-carrying vehicles), boats, and research vessels. 

§ 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 appropriated, such sums as may be necessary to carry out the provisions 

of each convention and of this Act, including— 

* * * 

(c) printing and binding without regard to [section 11 of the 

Act of March 1, 1919 (U.S.C., title 44, sec. 111), or section 3709 

of the Revised Statutes (U.S.C., title 41, sec. 5) section 501 of 

title 44, United States Code, or section 6101 of title 41, United 

States Code; 

(d) stenographic and other services by contract, if deemed 

necessary, without regard to [section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5)] section 6101 of title 41, United 

States Code; and 

§ 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 

Aquarium. 

(b) The Secretary is further authorized to— 

(1) construct, purchase or lease, and operate and maintain 

vessels for specimen collecting purposes and, without regard to 

[section 3709 of the Revised Statues of the United States (41 


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U.S.C. 5)] section 6101 of title 41, United States Code, to contract for such collection of specimens and to purchase or exchange specimens and exhibit materials; 

§ 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 entities, and may enter into multiyear contracts in accordance with 

the provisions of [section 304B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254c)] section 3903 of title 

41, United States Code (except that the [5-year term restriction in 

subsection (d)] 5-year term restriction in subsection (a) shall not 

apply), for the long-term care and maintenance of excess wild free 

roaming horses and burros by such organizations or entities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary. 

§ 2104(f)(2) (Cooperative Forestry Assistance Act of 1978, 

§ 8(f)(2)) 

SEC. 8. FOREST HEALTH PROTECTION. 

(a) IN GENERAL.–The Secretary may protect trees and forests and 

wood products, stored wood, and wood in use directly on the National Forest System and, in cooperation with others, on other 

lands in the United States, from natural and man-made causes, 

to— 

* * * 

(f) LIMITATION ON USE OF APPROPRIATIONS.— 

* * * 

(2) INSECTS AND DISEASES AFFECTING TREES.—The Secretary 

may procure materials and equipment necessary to prevent, retard, control, or suppress insects and diseases affecting trees 

without regard to [section 3709 of the Revised Statutes (41 

U.S.C. 5)] section 6101 of title 41, United States Code, under 

whatever procedures the Secretary may prescribe, if the Secretary determines that such action is necessary and in the public interest. 

§ 2104 note (Department of the Interior and Related Agencies Appropriations Act, 1999, § 347(c)(2)) 

SEC. 347. STEWARDSHIP END RESULT CONTRACTING DEMONSTRATION PROJECT. (a) IN GENERAL.—Until September 30, 2013, the 

Forest Service and the Bureau of Land Management, via agreement or contract as appropriate, may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the 

national forests and the public lands that meet local and rural community needs. 


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* * * 

(c) AGREEMENTS OR CONTRACTS.— 

* * * 

(2) TERM.—A multiyear contract may be entered into under 

subsection (a) in accordance with [section 304B of the Federal 

Property and Administrative Services Act of 1949 (41 U.S.C. 

254c)] section 3903 of title 41, United States Code, except that 

the period of the contract may exceed 5 years but may not exceed 10 years. 

§ 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 Administrator of General Services, shall encourage the use of excess 

personal property (within the meaning of [the Federal Property 

and Administrative Services Act of 1949] chapter 5 of title 40, 

United States Code) by State and local fire forces receiving assistance under this section. 

§ 3503(e)(1) (Coastal Barrier Resources Act, § 4(e)(1)) 

SEC. 4. ESTABLISHMENT OF JOHN H. CHAFEE COASTAL 

BARRIER RESOURCE SYSTEM. 

* * * 

(e) ADDITION OF EXCESS FEDERAL PROPERTY.— 

(1) CONSULTATION AND DETERMINATION.—Prior to transfer or 

disposal of excess property under [the Federal Property and 

Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)] 

chapter 5 of title 40, United States Code, that may be an undeveloped coastal barrier, the Administrator of General Services 

shall consult with and obtain from the Secretary a determination as to whether and what portion of the property constitutes 

an undeveloped coastal barrier. Not later than 180 days after 

the initiation of such consultation, the Secretary shall make 

and publish notice of such determination. Immediately upon 

issuance of a positive determination, the Secretary shall— 

TITLE 18—CRIMES AND CRIMINAL 

PROCEDURE 

§ 443 

§ 443. War contracts 

* * * 

The definitions of terms in [section 103 of Title 41] section 3 of 

the Contract Settlement Act of 1944 (ch. 358, 58 Stat. 650) shall 

apply to similar terms used in this section. 


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§ 1761 note (Omnibus Crime Control and Safe Streets Act of 

1968, § 819(c)) 

SEC. 819. (a) Section 1761 of title 18, Unite dStates Code, is 

amended by adding thereto a new subsection (c) as follows— 

* * * 

(c) The provisions of section 1761 of title 18, United States Code, 

and of [the first section of the Act of June 30, 1936 (49 Stat. 2036; 

41 U.S.C. 35), commonly known as the Walsh-Healey Act] section 

6502 of title 41, United States Code, creating exemptions to Federal 

restrictions on marketability of prison-made goods, as amended 

from time to time, shall not apply unless— 

§ 3287 

§ 3287. Wartime suspension of limitations 

* * * 

Definitions of terms in [section 103 of title 41] section 3 of the 

Contract Settlement Act of 1944 (ch. 358, 58 Stat. 650) shall apply 

to similar terms used in this section. For purposes of applying such 

definitions in this section, the term ‘‘war’’ includes a specific authorization for the use of the Armed Forces, as described in section 

5(b) of the War Powers Resolution (50 U.S.C. 1544(b)). 

§ 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, social, psychological and vocational services; corrective and preventative guidance and training; and other rehabilitative services designed to protect the public and benefit the alcohol-dependent person, addict or drug-dependent person, or a person suffering from a 

psychiatric disorder by eliminating his dependence on alcohol or 

addicting drugs, by controlling his dependence and his susceptibility to addiction, or by treating his psychiatric disorder. He may 

negotiate and award contracts identified in this paragraph without 

regard to [section 6101(b) to (d)] section 6101 of title 41. He also 

shall have the authority to expend funds or to contract with any 

appropriate public or private agency or person to monitor and provide services to any offender in the community authorized by this 

Act, including treatment, equipment and emergency housing, corrective and preventative guidance and training, and other rehabilitative services designed to protect the public and promote the successful reentry of the offender into the community. 


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§ 4013 note (Department of Justice Appropriations Act, 2001, 

§ 118) 

SEC. 118. Notwithstanding any other provision of law, including 

[section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d))] 

section 6707(d) of title 41, United States Code, the Attorney General hereafter may enter into contracts and other agreements, of 

any reasonable duration, for detention or incarceration space or facilities, including related services, on any reasonable basis. 

§ 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 Federal Prison Industries, Inc., unless the agency making such purchase determines that such offered product or service provides the 

best value to the buying agency pursuant to governmentwide procurement regulations, issued pursuant to [section 25(c)(1) of the Office of Federal Procurement Act (41 U.S.C. 421(c)(1))] section 

1303(a)(1) of title 41, United States Code, that impose procedures, 

standards, and limitations of section 2410n of title 10, United 

States Code. 

TITLE 19—CUSTOMS DUTIES 

§ 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 (hereinafter in this section referred to as the ‘‘Service’’) which is necessary for the detection and prosecution of offenses against the 

United States which are within the jurisdiction of the Secretary of 

the Treasury— 

(1) sums authorized to be appropriated for the Service may 

be used— 

(A) to purchase property, buildings, and other facilities, 

and to lease space, within the United States, the District 

of Columbia, and the territories and possessions of the 

United States without regard to— 

(i) sections 1341 and 3324 of title 31, 

[(ii) sections 3732(a) and 3741 of the Revised Statutes of the United States (41 U.S.C. 11(a) and 22), 

(iii) section 305 of the Act of June 30, 1949 (63 Stat. 

396; 41 U.S.C. 255), 

(iv) the third undesignated paragraph under the 

heading ‘‘Miscellaneous’’ of the Act of March 3, 1877 

(19 stat. 370; 40 Stat. 34), and 

(v) section 304(a) and (c) of the Federal Property 

and Administrative Services Act of 1949 (41 U.S.C. 

254(a) and (c)), and] 

(ii) sections 6301(a) and (b)(1) through (3) and 6306 

of title 41, United States Code, 


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(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, § 302(c)(2)(B)) 

SEC. 302. AUTHORITY TO ENCOURAGE RECIPROCAL 

COMPETITIVE PROCUREMENT PRACTICES. 

* * * 

(c) REPORT ON IMPACT OF RESTRICTIONS.— 

* * * 

(2) RECOMMENDATIONS FOR ATTAINING RECIPROCITY.—The report required by paragraph (1) shall include an evaluation of 

alternative means to obtain equity and reciprocity in such 

product sectors, including (A) prohibiting the procurement of 

products of such countries by United States entities not covered by the Agreement, and (B) modifying the application of 

[title III of the Act of March 3, 1933 (41 U.S.C. 10a et seq.), 

commonly referred to as the Buy American Act] chapter 83 of 

title 41, United States Code. The report shall include an analysis of the effect of such alternative means on the United 

States economy (including effects on employment, production, 

competition, costs and prices, technological development, export trade, balance of payments, inflation, and the Federal 

budget), and on successful negotiations on the expansion of the 

coverage of the Agreement pursuant to section 2514(a) and (b) 

of this title, other trade negotiating objectives, the relationship 

of the Federal Government to State and local governments, 

and such other factors as the President deems appropriate. 

§ 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 

[title III of the Act of March 3, 1933 (41 U.S.C. 10a et seq.), popularly referred to as the Buy American Act] chapter 83 of title 41, 

United States Code, in the case of any procurement of civil aircraft 

and related articles of a country or instrumentality which is a 

party to the Agreement on Trade in Civil Aircraft referred to in 

section 2503(c) of this title and approved under section 2503(a) of 

this title. The President may modify or withdraw any waiver granted pursuant to this section. 

§ 3105(b)(1) (Telecommunications Trade Act of 1988, 

§ 1376(b)(1)) 

SEC. 1376. ACTIONS TO BE TAKEN IF NO AGREEMENT 

OBTAINED. 

* * * 

(b) ACTIONS AUTHORIZED.— 


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(1) The President is authorized to take any of the following 

actions under subsection (a) of this section with respect to any 

priority foreign country: 

* * * 

(D) increases in domestic preferences under [title III of 

the Act of March 3, 1933 (41 U.S.C. 10a, et seq.)] chapter 

83 of title 41, United States Code, for purchases by the 

Federal Government of telecommunications products of 

such country; 

(E) suspension of any waiver of domestic preferences 

under [title III of the Act of March 3, 1933 (41 U.S.C. 10a, 

et seq.)] chapter 83 of title 41, United States Code, which 

may have been extended to such country pursuant to the 

Trade Agreements Act of 1979 with respect to telecommunications products or any other products; 

TITLE 20—EDUCATION 

§ 196(a) (Act of March 4, 1927, § 6(a)) 

SEC. 6. CONCESSIONS, FEES, AND VOLUNTARY SERVICES. 

(a) IN GENERAL.—Notwithstanding [the Federal Property and 

Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) and section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)] section 1302 

of title 40, United States code, and the provisions referred to in section 171(b) and (c) of title 41, United States Code, the Secretary of 

Agriculture, in furtherance of the mission of the National Arboretum, may— 

§ 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 [section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)] section 1708 of title 

41, United States Code and subsections (e), (f), and (g) of 

section 8 of the Small Business Act (15 U.S.C. 637), except 

that the notice shall include only the following: 

* * * 

(3) SECOND PHASE.— 

(A) IN GENERAL.—The contracting officer shall conduct 

the second phase of the source selection process in accordance with [sections 303A and 303B of the Federal Property 


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and Administrative Services Act of 1949 (41 U.S.C. 253a 

and 253b)] sections 3306(a) through (e) and 3308, chapter 

37, and section 4702 of title 41, United States Code. 

* * * 

(f) FLEXIBLE WAIT PERIODS AND DEADLINES FOR SUBMISSION OF

OFFERS OF NONCOMMERCIAL ITEMS.— 

(1) AUTHORITY.—In carrying out a procurement, the PBO 

may— 

(A) apply a shorter waiting period for the issuance of a 

solicitation after the publication of a notice under [section 

18 of the Office of Federal Procurement Policy Act (41 

U.S.C. 416)] section 1708 of title 41, United States Code, 

than is required under subsection (a)(3)(A) of such section; 

and 

* * * 

(g) MODULAR CONTRACTING.— 

* * * 

(5) NOTICE REQUIREMENT.— 

* * * 

(C) CONTENT OF NOTICE.—A notice published under subparagraph (A) with respect to a use of procedures described in paragraph (4) shall contain the information required under [section 18(b) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(b))] section 1708(c) of 

title 41, United States Code, other than paragraph (4) of 

such section, and shall invite the submission of any assertion that the use of the procedures for the procurement involved is not in the best interest of the Federal Government together with information supporting the assertion. 

(6) DOCUMENTATION.—The basis for an award of a contract 

under this subsection shall be documented. However, a justification pursuant to [section 303(f) of the Federal Property 

and Administrative Services Act of 1949 (41 U.S.C. 253(f)) section 3304(e) of title 41, United States Code or section 8(h) of the 

Small Business Act (15 U.S.C. 637(h)) is not required. 

* * * 

(l) DEFINITIONS.—In this section: 

(1) COMMERCIAL ITEM.—The term ‘‘commercial item’’ has the 

meaning given the term in [section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 401(12))] section 103 of 

title 41, United States Code. 

(2) COMPETITIVE PROCEDURES.—The term ‘‘competitive procedures’’ has the meaning given the term in [section 309(b) of the 

Federal Property and Administrative Services Act of 1949 (41 

U.S.C. 259(b))] section 152 of title 41, United States Code. 


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* * * 

(4) SPECIAL RULES FOR COMMERCIAL ITEMS.—The term ‘‘special rules for commercial items’’ means the regulations set 

forth in the Federal Acquisition Regulation pursuant to [section 303(g)(1) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)) and section 31 of the Office of Federal Procurement Policy (41 U.S.C. 427)] sections 

1901 and 3305(a) of title 41, United States Code. 

(5) SPECIAL SIMPLIFIED PROCEDURES.—The term ‘‘special simplified procedures’’ means the procedures applicable to purchases of property and services for amounts not greater than 

the simplified acquisition threshold that are set forth in the 

Federal Acquisition Regulation pursuant to [section 

303(g)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(A)) and section 31(a)(1) of 

the Office of Federal Procurement Policy Act (41 U.S.C. 

427(a)(1))] sections 1901(a)(1) and 3305(a)(1) of title 41, United 

States Code. 

§ 1070a(i) (Higher Education Act of 1965, § 401(i)) 

SEC. 401. (a) PROGRAM AUTHORITY AND METHOD OF DISTRIBUTION.—(1) For each fiscal year through fiscal year 2017, the Secretary shall pay to each eligible institution such sums as may be 

necessary to pay to each eligible student (defined in accordance 

with section 484) for each academic year during which that student 

is in attendance at an institution of higher education, as an undergraduate, a Federal Pell Grant in the amount for which that student is eligible, as determined pursuant to subsection (b). Not less 

than 85 percent of such sums shall be advanced to eligible institutions prior to the start of each payment period and shall be based 

upon an amount requested by the institution as needed to pay eligible students until such time as the Secretary determines and 

publishes in the Federal Register with an opportunity for comment, 

an alternative payment system that provides payments to institutions in an accurate and timely manner, except that this sentence 

shall not be construed to limit the authority of the Secretary to 

place an institution on a reimbursement system of payment. 

* * * 

(i) Treatment of Institutions and Students Under Other Laws.— 

Any institution of higher education which enters into an agreement 

with the Secretary to disburse to students attending that institution the amounts those students are eligible to receive under this 

subpart shall not be deemed, by virtue of such agreement, a contractor maintaining a system of records to accomplish a function of 

the Secretary. Recipients of Pell Grants shall not be considered to 

be individual grantees for purposes of [subtitle D of title V of Public Law 100–690] chapter 81 of title 41, United States Code. 

§ 1070a–11(b)(1) (Higher Education Act of 1965, § 402A(b)(1)) 

SEC. 402A. PROGRAM AUTHORITY; AUTHORIZATION OF 

APPROPRIATIONS. 

(a) GRANTS AND CONTRACTS AUTHORIZED.—The Secretary shall, 

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gram of making grants and contracts designed to identify qualified 

individuals from disadvantaged backgrounds, to prepare them for 

a program of postsecondary education, to provide support services 

for such students who are pursuing programs of postsecondary education, to motivate and prepare students for doctoral programs, and 

to train individuals serving or preparing for service in programs 

and projects so designed. 

(b) RECIPIENTS, DURATION, AND SIZE.— 

(1) RECIPIENTS.—For the purposes described in subsection (a) 

of this section, the Secretary is authorized, without regard to 

[section 3709 of the Revised Statutes (41 U.S.C. 5)] section 

6101 of title 41, United States Code, to make grants to, and 

contracts with, institutions of higher education, public and private agencies and organizations, including community-based 

organizations with experience in serving disadvantaged youth, 

combinations of such institutions, agencies and organizations, 

and, as appropriate to the purposes of the program, secondary 

schools, for planning, developing, or carrying out one or more 

of the services assisted under this division. 

§ 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 concurrence of two-thirds of the members of the Board, be entered 

into without performance or other bonds, and without regard 

to [section 3709 of the Revised Statutes, as amended (41 

U.S.C. 5)] section 6101 of title 41, United States Code; 

§ 2106(a)(7) American Folklife Preservation Act, § 7(a)(7)) 

SEC. 7. (a) In addition to any authority vested in it by other provisions of this Act, the Librarian of Congress, in carrying out the 

Center’s functions, is authorized to— 

* * * 

(7) enter into contracts to carry out the provisions of this 

Act, and such contracts may, with the concurrence of twothirds of the members of the Board, be entered into without 

performance or other bonds and in conformity with [section 

3709 of the Revised Statutes, as amended (41 U.S.C. 5)] section 

6101 of title 41, United States Code; and 

§ 3475(a) (Department of Education Organization Act, 

§ 415(a)) 

SEC. 415. (a) Subject to the provisions [of the Federal Property 

and Administrative Services Act of 1949] referred to in section 

171(b) and (c) of title 41, United States Code, the Secretary is authorized to make, enter into, and perform such contracts, grants, 

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Federal or other public agencies (including State and local governments) and private organizations and persons, and to make such 

payments, by way of advance or reimbursement, as the Secretary 

may determine necessary or appropriate to carry out functions of 

the Secretary or the Department. 

§ 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 concurrence of two-thirds of the members of the Board, be entered 

into without performance or other bonds, and without regard 

to [section 5 of title 41] section 6101 of title 41, United States 

Code; 

§ 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 [section 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 Foundation 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 concurrence of two-thirds of the members of the Board of Trustees, 

be entered into without performance or other bonds, and without regard to [section 3709 of the Revised Statutes (41 U.S.C. 

5T2] section 6101 of title 41, United States Code; 

§ 5708(a)(6) (Christopher Columbus Fellowship Act, 

§ 429(a)(6)) 

SEC. 429. ADMINISTRATIVE PROVISIONS. 

(a) THE FOUNDATION MAY.— 


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* * * 

(6) enter into contracts, grants, or other arrangements, or 

modifications thereof, to carry out the provisions of this chapter, and such contracts or modifications thereof may, with the 

concurrence of two-thirds of the members of the Board, be entered into without performance or other bonds, and without regard to [section 3709 of the Revised Statutes] section 6101 of 

title 41, United States Code; 

§ 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 expended by an entity unless the entity agrees that in expending 

the assistance the entity will comply with [sections 2 through 

4 of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly 

known as the ‘‘Buy American Act’’)] chapter 83 of title 41, 

United States Code; 

§ 9275(a) (Workforce Investment Act of 1998, § 505(a)) 

SEC. 505. BUY-AMERICAN REQUIREMENTS. 

(a) COMPLIANCE WITH [BUY AMERICAN ACT] CHAPTER 83 OF

TITLE 41.—None of the funds made available under title I, II, or 

III or this title may be expended by an entity unless the entity 

agrees that in expending the funds the entity will comply with [the 

Buy American Act(41 U.S.C. 10a et seq.)] chapter 83 of title 41, 

United States Code. 

TITLE 21—FOOD AND DRUGS 

§ 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 application filed under subsection (b) or (j) of this section is in effect, 

the applicant shall establish and maintain such records, and make 

such reports to the Secretary, of data relating to clinical experience 

and other data or information, received or otherwise obtained by 

such applicant with respect to such drug, as the Secretary may by 

general regulation, or by order with respect to such application, 

prescribe on the basis of a finding that such records and reports 

are necessary in order to enable the Secretary to determine, or facilitate a determination, whether there is or may be ground for invoking subsection (e) of this section. Regulations and orders issued 

under this subsection and under subsection (i) of this section shall 

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quest, by the persons to whom such regulations or orders are applicable, of similar information received or otherwise obtained by the 

Secretary. 

* * * 

(4) ADVANCED ANALYSIS OF DRUG SAFETY DATA.– 

* * * 

(H) COMPETITIVE PROCEDURES.—The Secretary shall use 

competitive procedures (as defined in [section 4(5) of the 

Federal Procurement Policy Act] section 132 of title 41, 

United States Code) to enter into contracts under subparagraph (G). 

§ 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 requirement established by or under section 501, 502, 510, or 519 which 

is inconsistent with a requirement imposed on such device under 

section 514 or 515 or under subsection (g) of this section shall not 

apply to such device. 

* * * 

(k) The Secretary may enter into contracts for research, testing, 

and demonstrations respecting devices and may obtain devices for 

research, testing, and demonstration purposes without regard to 

[sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529, 41 

U.S.C. 5)] section 3324(a) and (b) of title 31, United States Code, 

and section 6101 of title 41, United States Code. 

§ 360ii(b)(3) (Federal Food, Drug, and Cosmetic Act, 

§ 523(b)(3)) 

SEC. 532. (a) The Secretary shall establish and carry out an electronic product radiation control program designed to protect the 

public health and safety from electronic product radiation. As a 

part of such program, he shall— 

* * * 

(b) In carrying out the purposes of subsection (a) of this section, 

the Secretary is authorized to— 

* * * 

(3) contract with public or private agencies, institutions, and 

organizations, and with individuals, without regard to section 

3324 of title 31, United States Code, and [section 3709 of the 

Revised Statutes of the United States (41 U.S.C. 5)] ection 

6101 of title 41, United States Code; and 


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§ 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 substances which are or may be subject to control under this title. 

Such programs may include— 

* * * 

(b) The Attorney General may enter into contracts for such educational and research activities without performance bonds and 

without regard to [sectin 3709 of the Revised Statutes (41 U.S.C. 

5)] section 6101 of title 41, United States Code. 

§ 1708(g) (Office of National Drug Control Policy Reauthorization Act of 1998, § 709(g)) 

SEC. 709. NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN. 

(a) IN GENERAL.—The Director shall conduct a national youth 

anti-drug media campaign (referred to in this subtitle as the ‘‘national media campaign’’) in accordance with this section for the 

purposes of— 

* * * 

(g) FINANCIAL AND PERFORMANCE ACCOUNTABILITY.—The Director shall cause to be performed— 

(1) audits and reviews of costs of the national media campaign pursuant to [section 304C of the Federal Property and 

Administrative Services Act of 1949 (41 U.S.C. 254d)] section 

4706 of title 41, United States Code; and 

(2) an audit to determine whether the costs of the national 

media campaign are allowable under [section 306 of such Act 

(41 U.S.C. 256] chapter 43 of title 41, United States Code. 

TITLE 22—FOREIGN RELATIONS AND 

INTERCOURSE 

§ 272a(b)(1) (Joint Resolution of June 30, 1948, § 2(b)(1)) 

SEC. 2. There is hereby authorized to be appropriated annually 

to the Department of State— 

* * * 

(b) such additional sums as may be necessary to pay the expenses incident to participation by the United States in the activities of the Organization, including— 

(1) salaries of the representative or representatives and 

alternates and appropriate staff, including personal services in the District of Columbia and elsewhere, without regard to the civil-service laws and the Classification Act of 

1949, as amended; services as authorized by section 15 of 

Public Law 600, Seventy-ninth Congress; under such rules 

and regulations as the Secretary of State may prescribe, 

allowances for living quarters, including heat, fuel, and 


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light and cost-of-living allowances to persons temporarily 

stationed abroad; printing and binding without regard to 

[section 11 of the Act of March 1, 1919 (44 U.S.C. 111), 

and section 3709 of the Revised Statutes, as amended] section 501 of title 44, United States Code, and section 6101 

of title 41, United States Code; and 

§ 277d–3 (American-Mexican Treat Act of 1950, § 103) 

SEC. 103. There are authorized to be appropriated to the Department of State for the use of the Commission, out of any money in 

the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of the Treaty of February 3, 

1944, and other treaties and conventions between the United 

States of America and the United Mexican States, under which the 

United States Section operates, and to discharge the statutory 

functions and duties of the United States Section. Such sums shall 

be available for construction, operation and maintenance of stream 

gaging stations, and their equipment and sites therefor; personal 

services and rent in the District of Columbia and elsewhere; services, including those of attorneys and appraisers, in accordance 

with the provisions of Section 15 of the Act of August 2, 1946 (5 

U.S.C. sec. 55a), at rates for individuals not in excess of the maximum daily rate for grade GS–15 of the General Schedule and the 

United States Commissioner is authorized, notwithstanding the 

provisions of any other Act, to employ as consultants by contract 

or otherwise without regard to the Classification Act of 1949, as 

amended, and the civil-service laws and regulations, retired personnel of the Armed Forces of the United States, who shall not be 

required to revert to an active status; travel expense, including, in 

the discretion of the Commissioner, expenses of attendance at 

meetings of organizations concerned with the activities of the Commission which may be necessary for the efficient discharge of the 

responsibilities of the Commission; hire, with or without personal 

services, of work animals, and animal-drawn, and motor-propelled 

(including passenger) vehicles and aircraft and equipment; acquisition by donation, purchase, or condemnation, of real and personal 

property, including expenses of abstracts, certificates of title, and 

recording fees; purchase of ice and drinking water; inspection of 

equipment, supplies and materials by contract or otherwise; drilling and testing of foundations and dam sites, by contract if deemed 

necessary; payment for official telephone service in the field in case 

of official telephones installed in private houses when authorized 

under regulations established by the Commissioner; purchase of 

firearms and ammunition for guard purposes; official entertainment and other representation expenses within the United States 

for the United States section; and such other objects and purposes 

as may be permitted by laws applicable, in whole or in part, to the 

United States Section: Provided, That, when appropriations have 

been made for the commencement or continuation of construction 

or operation and maintenance of any such project, the United 

States Commissioner, notwithstanding the provisions of [sections 

3679, 3732, and 3733 of the Revised Statues] sections 1341, 1342, 

and 1349 through 1351 and subchapter II of chapter 15 of title 31, 

United States Code, and sections 6301(a) and (b) and 6303 of title 

41, United States Code, or any other law, may enter into contracts 


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beyond the amount actually appropriated for so much of the work 

on any such authorized project as the physical and orderly sequence of construction makes necessary, such contracts to be subject to and dependent upon future appropriations by Congress: Provided further, That the United States Commissioner shall prepare, 

within 30 days after the end of each fiscal year, a report of all expenditures during that year for official entertainment and other 

representation expenses, which shall be available for public inspection. 

§ 277d–36 (American-Mexican Boundary Treaty Act of 1972, 

§ 103) 

SEC. 103. Notwithstanding any other provision of law, the Commissioner is authorized to dispose of by warranty deed, or otherwise, any land acquired by him on behalf of the United States, or 

obtained by the United States pursuant to treaty between the 

United States and Mexico, and not required for project purposes, 

under procedures to be formulated by the Commissioner, to adjoining landowners at such price as he considers fair and equitable, 

and, if not so disposed of, to turn such land over to the General 

Services Administration for disposal under the provisions of [the 

Federal Property and Administrative Services Act of 1949] chapter 

5 of title 40, United States Code. 

§ 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 ADMINISTRATOR. 

* * * 

(c) CONTRACT.– 

* * * 

(2) TERMS.—Any contract under this subsection shall provide, at a minimum, for the following: 

* * * 

(N) The use of competitive procedures under applicable 

law, consistent with [title III of the Federal Property and 

Administrative Services Act of 1949 (41 U.S.C. 251 et 

seq.)] the provisions referred to in section 171(c) of title 41, 

United States Code, by the owner of the Mexican facility 

in the procurement of property or services for the engineering, construction, and operation and maintenance of 

the Mexican facility. 

§ 277e (Act of August 27, 1935) 

The Secretary of State is authorized to lease any land heretofore 

or hereafter acquired under any Act, Executive order, or treaty in 

connection with projects, in whole or in part, constructed or administered by the Secretary of State through the said American Commissioner, or to dispose of such lands when no longer needed, subject to applicable regulations under [the Federal Property and AdVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00110 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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ministrative Services Act of 1949, as amended] chapter 5 of title 40, 

United States Code, * * * 

§ 280b(b) (Joint Resolution of January 28, 1948, § 3(b)) 

SEC. 3. There is hereby authorized to be appropriated to the Department of State, out of any money in the Treasury not otherwise 

appropriated— 

* * * 

(b) Such additional sums as may be needed for the payment of 

all necessary expenses incident to participation by the United 

States in the activities of the Commission, including salaries of the 

United States Commissioners, their alternates, and appropriate 

staff, without regard to the civil-service laws and the Classification 

Act of 1949, as amended; personal services in the District of Columbia; services as authorized by section 15 of Public Law 600, 

Seventy-ninth Congress; under such rules and regulations as the 

Secretary of State may prescribe, allowances for living quarters, including heat, fuel, and light and cost-of-living allowances to persons 

temporarily stationed abroad; hire of passenger motor vehicles and 

other local transportation; printing and binding without regard to 

[section 11 of the Act of March 1, 1919 (44 U.S.C. 111), and section 

3709 of the Revised Statutes, as amended] section 501 of title 44, 

United States Code, and section 6101 of title 41, United States 

Code; and such other expenses as the Secretary of State finds necessary to participation by the United States in the activities of the 

Commission: Provided, That the provisions of section 6 of the Act 

of July 30, 1946 (Public Law 565, Seventy-ninth Congress), and 

regulations thereunder, applicable to expenses incurred pursuant 

to that Act shall be applicable to any expenses incurred pursuant 

to this paragraph (b). 

§ 280i(b) (Joint Resolution of March 4, 1948, § 2(b)) 

SEC. 2. There is hereby authorized to be appropriated to the Department of State, out of any money in the Treasury not otherwise 

appropriated— 

* * * 

(b) Such additional sums as may be needed for the payment of 

all necessary expenses incident to participation by the United 

States in the activities of the Commission, including salaries of the 

United States Commissioners, their alternates, and appropriate 

staff, without regard to the civil-service laws and the Classification 

Act of 1949, as amended; personal services in the District of Columbia; services as authorized by section 15 of Public Law 600, 

Seventy-ninth Congress; hire of passenger motor vehicles and other 

local transportation; printing and binding without regard to [section 11 of the Act of March 1, 1919 (44 U.S.C. 111), and section 

3709 of the Revised Statutes, as amended] section 501 of title 44, 

United States Code, and section 6101 of title 41, United States 

Code; and such other expenses as the Secretary of State finds necessary to participation by the United States in the activities of the 

Commission: Provided, That the provisions of section 6 of the Act 

of July 30, 1946 (Public Law 565, Seventy-ninth Congress), and 


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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, § 2(b)) 

SEC. 2. There is hereby authorized to be appropriated to the Department of State, out of any money in the Treasury not otherwise 

appropriated— 

* * * 

(b) Such additional sums as may be needed for the payment of 

all necessary expenses incident to participation by the United 

States in the activities of the Commission, including salaries of the 

United States Commissioners, their alternates, and appropriate 

staff, without regard to the civil-service laws and the Classification 

Act of 1949, as amended; personal services in the District of Columbia; services as authorized by section 15 of Public Law 600, 

Seventy-ninth Congress; hire of passenger motor vehicles and other 

local transportation; printing and binding without regard to [section 11 of the Act of March 1, 1919 (44 U.S.C. 111), and section 

3709 of the Revised Statutes, as amended] section 501 of title 44, 

United States Code, and section 6101 of title 41, United States 

Code; and such other expenses as the Secretary of State finds necessary to participation by the United States in the activities of the 

organization: Provided, That the provisions of section 6 of the Act 

of July 30, 1946 (Public Law 565, Seventy-ninth Congress), and 

regulations thereunder, applicable to expenses incurred pursuant 

to that Act shall be applicable to any expenses incurred pursuant 

to this paragraph (b). 

§ 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 accordance with article 17 of the Charter, and for all necessary salaries 

and expenses of the representatives provided for in section 2 of this 

Act, and of their appropriate staffs, including personal services in 

the District of Columbia and elsewhere, without regard to the civilservice laws and the Classification Act of 1949, as amended; travel 

expenses without regard to the Standardized Government Travel 

Regulations, as amended, the Travel Expense Act of 1949 and, 

under such rules and regulations as the Secretary of State may 

prescribe, travel expenses of families and transportation of effects 

of United States representatives and other personnel in going to 

and returning from their post of duty; allowances for living quarters, including heat, fuel, and light, as authorized by the Act approved June 26, 1930 (5 U.S.C. 118a); cost-of-living allowances for 

personnel stationed abroad under such rules and regulations as the 

Secretary of State may prescribe; communications services; stenographic reporting, translating, and other services, by contract; hire 

of passenger motor vehicles and other local transportation; rent of 

offices; printing and binding without regard to section 11 of the Act 

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vided in section 6 of the Act of the Act of July 30, 1946 (Public Law 

565, Seventy-ninth Congress), and allowances and expenses equivalent to those provided in section 905 of the Foreign Service Act of 

1980; the lease or rental (for periods not exceeding ten years) of living quarters for the use of the representatives provided for in section 2 of this Act serving abroad and of their appropriate staffs the 

cost of installation and use of telephones in the same manner as 

telephone service is provided for use of the Foreign Service pursuant to the Act of August 23, 1912, as amended (31 U.S.C. 679), and 

unusual expenses similar to those authorized by section 22 of the 

Administrative Expenses Act of 1946, as amended by section 311 

of the Overseas Differentials and Allowances Act, incident to the 

operation and maintenance of such living quarters abroad; and 

such other expenses as may be authorized by the Secretary of 

State; all without regard to [section 709 of the Revised Statutes, 

as amended (41 U.S.C. 5)] section 6101 of title 41, United States 

Code. 

§ 287r (Joint Resolution of July 30, 1946, § 6) 

SEC. 6. There is hereby authorized to be appropriated annually 

to the Department of State, out of any money in the Treasury not 

otherwise appropriated such sums as may be necessary for the payment by the United States of its share of the expenses of the Organization as apportioned by the General Conference of the Organization in accordance with article IX of the constitution of the Organization, and such additional sums as may be necessary to pay the 

expenses of participation by the United States in the activities of 

the Organization, including: * * * (f) stenographic reporting, translating, and other services, by contract, if deemed necessary, without regard to [section 3709 of the Revised Statutes (U.S.C., title 41, 

sec. 5)] section 6101 of title 41, United States Code; * * * (k) printing and binding without regard to [section 11 of the Act of March 

1, 1919 (U.S.C., title 44, sec. 111), and section 3709 of the Revised 

Statutes (U.S.C., title 41, sec. 5)] section 501 of title 44, United 

States Code, and section 6101 of title 41, United States Code; (l) official entertainment; (m) stationery; (n) purchase of newspapers, 

periodicals, books, and documents; and (o) such other expenses as 

may be authorized by the Secretary of State. 

§ 289c(a) (Joint Resolution of July 1, 1947, § 4(a)) 

SEC. 4. (a) Sums from the appropriations made pursuant to paragraph (a) of section 3 may be transferred to any department, agency, or independent establishment of the Government to carry out 

the purposes of such subsection, and such sums shall be available 

for obligation and expenditure in accordance with the laws governing obligations and expenditures of the department, agency, 

independent establishment, or organizational unit thereof concerned, and without regard to [sections 3709 and 3648 of the Revised Statutes, as amended (U.S.C., 1940 edition, title 41, sec. 5, 

and title 31, sec. 529)] section 3324(a) and (b) of title 31, United 

States Code, and section 6101 of title 41, United States Code. 

§ 290b(b)(1)) (Joint Resolution of June 14, 1948, § 3(b)(1)) 

SEC. 3. There are hereby authorized to be appropriated to the 

Department of State for contribution to the working capital fund of 


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the organization the sum of $560,000 and as annual appropriations 

the following: 

* * * 

(b) such additional sums, not to exceed $83,000 for the fiscal 

year beginning July 1, 1947, as may be necessary to pay the 

expenses incident to participation by the United States in the 

activities of the Organization, including— 

(1) salaries of the representative and alternate provided 

for in section 2 hereof, and appropriate staff, including 

personal services in the District of Columbia and elsewhere, without regard to the civil-service laws and the 

Classification Act of 1949, as amended; services as authorized by section 15 of Public Law 600, Seventy-ninth Congress; under such rules and regulations as the Secretary of 

State may prescribe, allowances for living quarters, including heat, fuel, and light and cost of living allowances to 

persons temporarily stationed abroad; printing and binding without regard to [section 11 of the Act of March 1, 

1919 (44 U.S.C. 111), and section 3709 of the Revised Statutes, as amended] section 501 of title 44, United States 

Code, and section 6101 of title 41, United States Code; and 

§ 1472(a)(2) (United States Information and Educational Exchange 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 authorized— 

* * * 

(2) to make contracts, including contracts with governmental 

agencies, foreign or domestic, including subdivisions thereof, 

and intergovernmental organizations of which the United 

States is a member, and, with respect to contracts entered into 

in foreign countries, without regard to [section 3741 of the Revised Statutes (41 U.S.C. 22)] section 6306 of title 41, United 

States Code; 

§ 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 resolution and in accomplishing such purposes (1) use to the fullest extent practicable foreign currencies or credits available for utilization by the United States, (2) enter into agreements to use foreign 

currencies and credits available to other nations for use with the 

agreement of the United States, and (3) use any other foreign currencies and credits which may be made available by participating 

foreign countries. 


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* * * 

(c) To carry out his responsibilities under this jointresolution the 

President may— 

* * * 

(2) make financial grants to establish and maintain fellowships, and for other purposes, to public institutions and agencies and to nonprofit private institutions and agencies, and to 

individuals in participating foreign countries, or contract with 

such institutions, agencies, or individuals without regard to 

[sections 3648 and 3709 of the Revised Statutes of the United 

States] section 3324(a) and (b) of title 31, United States Code, 

and section 6101 of title 41, United States Code; 

§ 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 constructed in Israel as an integral part of a dual-purpose power generating and desalting project. Such participation shall include financial, technical, and such other assistance as the President 

deems appropriate to provide for the study, design, construction, 

and, for a limited demonstration period of not to exceed five years, 

operation and maintenance of the water treatment and desalting 

facilities of the dual-purpose project. 

* * * 

(c) In carrying out the provisions of this section, the President 

may enter into contracts with public or private agencies and with 

any person without regard to [sections 3648 and 3709 of the Revised Statutes of the United States (31 U.S.C. 529 and 41 U.S.C. 

5)] section 3324(a) and (b) of title 31, United States Code, and section 6101 of title 41, United States Code. 

§ 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 authorized to maintain in a separate account, which shall, notwithstanding section 1210 of the General Appropriation Act, 1951 (64 

Stat. 765), be free from fiscal year limitation, $5,000,000 of funds 

made available under chapter 1 of part I, which may be used to 

pay costs (including personnel costs) of acquisition, storage, renovation and rehabilitation, packing, crating, handling, transportation, 


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and related costs of property classified as domestic or foreign excess property pursuant to [the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.)] chapter 5 of title 40, United States Code, any property available from 

an agency of the United States Government, or other property, in 

advance of known requirements therefor for use in furtherance of 

the purposes of part I: Provided, That the amount of property classified as domestic excess property pursuant to [the Federal 

Proprety and Administrative Services Act of 1949, as amended,] 

chapter 5 of title 40, United States Code held at any one time pur- suant to this section shall not exceed $15,000,000 in total original 

acquisition cost. Property acquired pursuant to the preceding sentence may be furnished (1) pursuant to any provision of part I for 

which funds are authorized for the furnishing of assistance, in 

which case the separate account established pursuant to this section shall be repaid from funds made available for such provision 

for all costs incurred, or (2) pursuant to section 607, in which case 

such separate account shall be repaid in accordance with the provisions of that section for all costs incurred. 

(b) Property classified as domestic excess property under [the 

Federal Property and Administrative Services Act of 1949, as 

amended] chapter 5 of title 40, United States Code, shall not be 

transferred to the agency primarily responsible for administering 

part I for use pursuant to the provisions of part I or section 607 

unless (1) such property is transferred for use exclusively by an 

agency of the United States Government, or (2) it has been determined in the same manner as provided for surplus property in section 549(a) to (e) of title 40, that such property is not needed for 

donation pursuant to those subsections. The foregoing restrictions 

shall not apply to the transfer in any fiscal year for use pursuant 

to the provisions of part I of amounts of such property with a total 

original acquisition cost to the United States Government not exceeding $45,000,000. 

§ 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 carrying out the purposes of this Act, including any advance to the 

United States Government by any country or international organization for the procurement of commodities, defense articles, military education and training, or services (including defense services). Such funds shall be available for obligation and expenditure 

for the purposes for which authorized, in accordance with authority 

granted in this Act or under authority governing the activities of 

the agencies of the United States Government to which such funds 

are allocated or transferred. 

* * * 

(e) In furnishing assistance under this Act, accounts may be established on the books of any agency of the United States Government or, on terms and conditions approved by the Secretary of the 

Treasury, in banking institutions in the United States, (1) against 

which letters of commitment may be issued which shall constitute 

recordable obligations of the United States Government, and monVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00116 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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eys due or to become due under such letters of commitment shall 

be assignable under [the Assignment of Claims Act of 1940, as 

amended (second and third paragraphs of 31 U.S.C. 203 and 41 

U.S.C. 15)] section 3727(b) (last sentence (and (c) of title 31, United 

States Code, and section 6305(b)(1) through (7) of title 41, United 

States Code, and (2) from which disbursements may be made to, or 

withdrawals may be made by, recipient countries or agencies, organizations, or persons upon presentation of contracts, invoices, or 

other appropriate documentation. Expenditure of funds which have 

been made available through accounts so established shall be accounted for on standard documentation required for expenditure of 

funds of the United States Government: Provided, That such expenditures for commodities, defense articles, military education 

and training, services (including defense services), or facilities procured outside the United States may be accounted for exclusively 

on such certification as may be prescribed in regulations approved 

by the Comptroller General of the United States. 

§ 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), allocations to any agency of the United States Government, from other 

appropriations, for functions directly related to the purposes of this 

Act, and funds made available for other purposes to the agency primarily responsible for administrating part I, shall be available for: 

* * * 

(g) Funds made available for the purposes of part II or the Arms 

Export Control Act shall be available for— 

* * * 

(3) maintenance, repair, alteration and furnishing of United 

States-owned facilities in the District of Columbia or elsewhere 

for the training of foreign military and related civilian personnel, without regard to the provisions of [section 733 of the 

Revised Statutes (41 U.S.C. 12)] section 6303 of title 41, United 

States Code, or other provision of law requiring a specific authorization or specific appropriation for such public contracts. 

§ 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 

[section 3709 of the Revised Statutes of the United States, as 

amended, section 302 of the Federal Property and Administrative 

Services Act of 1949] sections 3101(a) and (c), 3104, 3106, 

3301(b)(2), and 6101 of title 41, United States Code, and the Renegotiation Act of 1951, as amended) regulating the making, performance, amendment, or modification of contracts and the expenditure of Government funds as the President may specify. 


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§ 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 

the agency concerned, to perform such functions on behalf of 

the Department of State as may appear desirable. Any Government agency is authorized, not withstanding any other provision of law, to transfer to or to receive from the Secretary of 

State, without reimbursement, supplies and equipment other 

than administrative supplies or equipment. Transfer or receipt 

of excess property shall be in accordance with the provisions of 

[the Federal Property and Administrative Services Act of 1949, 

as amended] chapter 5 of title 40, United States Code; 

§ 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 guidelines established in consultation with the Administrator of 

General Services, determines that use of the Federal Supply 

Service or otherwise applicable Federal goods and services acquisition authority would not meet emergency overseas security requirements determined necessary by the Secretary, taking into account overseas delivery, installation, maintenance, 

or replacement requirements, except that the authority granted by this paragraph shall cease to be effective when the 

amendment made by section 2711 of the Competition in Contracting Act of 1984 takes effect and thereafter procurement by 

the Secretary of State for the purposes described in this paragraph shall be in accordance with [section 303(c)(2) of the Federal Property and Administrative Services Act of 1949] section 

3304(a)(2) of title 41, United States Code; 

§ 2676 (State Department Basic Authorities Act of 1956, § 9) 

SEC. 9. The Secretary of State is authorized to enter into contracts in foreign countries involving expenditures from funds appropriated or otherwise made available to the Department of State, 

without regard to the provisions of [section 3741 of the Revised 

Statutes (41 U.S.C. 22)] section 6306 of title 41, United States Code: 

Provided, That nothing in this section shall be construed to waive 

the provisions of section 431 of title 18 of the United States Code. 

§ 2679c(a)(1) (Anti-Economic Discrimination Act of 1994, 

§ 565(a)(1)) 

SEC. 565. PROHIBITION ON DISCRIMINATORY CONTRACTS. 

(a) PROHIBITION.— 


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(1) Except for real estate leases and as provided in subsection (b), the Department of State may not enter into any 

contract that expends funds appropriated to the Department of 

State for an amount in excess of the small purchase threshold 

(as defined in [section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)) section 134 of title 41, 

United States Code)— 

§ 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) IN GENERAL.—The Secretary of State shall administer the 

historic and artistic articles of furniture, fixtures, and decorative 

objects of the reception areas of the Department of State by such 

means and measures as conform to the purposes of the reception 

areas, which include conserving those articles, fixtures, and objects 

and providing for their enjoyment in such manner and by such 

means as will leave them for the use of the American people. Nothing shall be done under this subsection which conflicts with the administration of the Department of State or with the use of the reception areas for official purposes of the United States Government. 

(b) DISPOSITION OF HISTORIC AND ARTISTIC ITEMS.— 

* * * 

(2) SALE OR TRADE.—Whenever the Secretary of State determines that— 

(A) any item covered by paragraph (1) is no longer needed for use or display in the reception areas, or 

(B) in order to upgrade the reception areas, a better use 

of that article would be its sale or exchange, 

the Secretary may, with the advice and concurrence of the Director of the National Gallery of Art, sell the item at fair market value or trade it, without regard to the requirements of 

[the Federal Property and Administrative Services Act of 1949] 

chapter 5 of title 40, United States Code. The proceeds of any 

such sale may be credited to the unconditional gift account of 

the Department of State, and items obtained in trade shall be 

the property of the Secretary of State under this subsection. 

§ 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 procurement system. The regulation shall be known as the ‘‘Panama 

Canal Acquisition Regulation’’ (in this section referred to as the 

‘‘Regulation’’) and shall provide for the procurement of goods and 

services by the Commission in a manner that— 

* * * 

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apply to procurement by the Commission and may waive those 

laws for purposes of the Regulation and Supplement. 

(2) For purposes of paragraph (1), the Commission may not 

waive— 

(A) [section 27 of the Office of Federal Procurement Policy 

Act (41 U.S.C. 423)] chapter 21 of title 41, United States Code; 

(B) [the Contract Disputes Act of 1978 (41 U.S.C. 601 et 

seq.), other than section 10(a) of such Act (41 U.S.C. 609(a))] 

chapter 71 (other than section 7104(b)) of title 41, United States 

Code; or 

§ 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 contract appeals, to be known as the Panama Canal Board of Contract 

Appeals, in accordance with [section 8 of the Contract Disputes Act 

of 1978 (41 U.S.C. 607) sections 7105(a), (c) through (e), and (g), 

7106(a), and 7107(a) of title 41, United States Code. Except as otherwise provided by this section, the Panama Canal Board of Contract Appeals (in this section referred to as the ‘‘Board’’) shall be 

subject to [the Contracts Disputes Act of 1978 (41 U.S.C. 601 et 

seq.)] chapter 71 of title 41, United States Code in the same manner 

as any other agency board of contract appeals established under 

[that Act] that chapter. 

* * * 

(b) EXCLUSIVE JURISDICTION TO DECIDE APPEALS.—Notwithstanding [section 10(a)(1) of the Contract Disputes Act of 1978 (41 

U.S.C. 609(a)(1))] section 7104(b)(1) of title 41, United States Code 

or any other provision of law, the Board shall have exclusive jurisdiction to decide an appeal from a decision of a contracting officer 

under [section 8(d) of such Act (41 U.S.C. 607(d))] section 7105(e) 

of title 41, United States Code. 

§ 4024(a)(5) (Foreign Service Act of 1980, § 704(a)(5)) 

Sec. 704. Training Authorities.—(a) In the exercise of functions 

under this chapter, the Secretary of State may— 

* * * 

(5) acquire such real and personal property and equipment 

as may be necessary for the establishment, maintenance, and 

operation of the facilities necessary to carry out the provisions 

of this chapter without regard to [section 3709 of the Revised 

Statutes of the United States (41 U.S.C. 5) and section 302 of 

the Federal Property and Administrative Services Act of 1949 

(41 U.SC. 252)] sections 3101(a) and (c), 3104, 3106, 3301(b)(2), 

and 6101 of title 41, United States Code. 

§ 5422(c)(1) (Support for East European Democracy (SEED) 

Act of 1989, § 202(c)(1)) 

SEC. 202. LABOR MARKET TRANSITION IN POLAND AND 

HUNGARY. 


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(a) TECHNICAL ASSISTANCE.—The Secretary of Labor (hereinafter 

in this section referred to as the ‘‘Secretary’’), in consultation with 

representatives of labor and business in the United States, shall— 

* * * 

(c) ADMINISTRATIVE AUTHORITIES.—–In carrying out subsection 

(a) of this section, the Secretary is authorized to do the following: 

(1) Solicit and accept in the name of the Department of 

Labor, and employ or dispose of in furtherance of the purposes 

of this section, any money or property, real, personal, or mixed, 

tangible or intangible, received by gift, devise, bequest, or otherwise. Gifts and donations of property which are no longer required for the discharge of the purposes of this section shall be 

reported to the Administrator of General Services for transfer, 

donation, or other disposal in accordance with [the Federal 

Property and Administrative Services Act of 1949 (40 U.S.C. 

and following)] chapter 5 of title 40, United States Code. 

§ 8511(3) (Comprehensive Iran Sanctions, Accountability, 

and Divestment Act of 2010, § 101(3)) 

SEC. 101. DEFINITIONS. 

In this title: 

* * * 

(3) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has 

the meaning given that term in section 133 of title 41, United 

States Code. 

TITLE 23—HIGHWAYS 

§ 140(b) and (c) 

§ 140. Nondiscrimination 

* * * 

(b) The Secretary, in cooperation with any other department or 

agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer surface transportation and technology training, including skill improvement programs, and to develop and fund summer transportation institutes. Whenever apportionments are made under section 104(b)(3) of this title, the Secretary shall deduct such sums as necessary, not to exceed 

$10,000,000 per fiscal year, for the administration of this subsection. Such sums so deducted shall remain available until expended. The provisions of [section 6101(b) to (d)] section 6101 of 

title 41 shall not be applicable to contracts and agreements made 

under the authority herein granted to the Secretary. Notwithstanding any other provision of law, not to exceed 1/2 of 1 percent 

of funds apportioned to a State for the surface transportation program under section 104(b) and the bridge program under section 

144 may be available to carry out this subsection upon request of 

the State transportation department to the Secretary. 


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(c) The Secretary, in cooperation with any other department or 

agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer training programs and assistance 

programs in connection with any program under this title in order 

that minority businesses may achieve proficiency to compete, on an 

equal basis, for contracts and subcontracts. Whenever apportionments are made under section 104(b)(3), the Secretary shall deduct 

such sums as necessary, not to exceed $10,000,000 per fiscal year, 

for the administration of this subsection. The provisions of ]section 

6101(b) to (d)] section 6101 of title 41 shall not be applicable to contracts and agreements made under the authority herein granted to 

the Secretary notwithstanding the provisions of section 3106 of 

title 41. 

§ 502(c)(5) 

§ 502. Surface transportation research 

* * * 

(c) COLLABORATIVE RESEARCH AND DEVELOPMENT.— 

* * * 

(5) WAIVER OF ADVERTISING REQUIREMENTS.—[Section 

6101(b) to (d)] Section 6101 of title 41 shall not apply to a contract or agreement entered into under this chapter. 

TITLE 24—HOSPITALS AND ASYLUMS 

§ 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 [the Buy 

American Act of 1933, as amended] chapter 83 of title 41, United 

States Code, apply to all procurements made under this subchapter. 

(b) DETERMINATION BY THE MAYOR.—(1) If the Mayor, after consultation with the United States Trade Representative, determines 

that a foreign country which is party to an agreement described in 

paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United 

States that are covered by the agreement, the United States Trade 

Representative shall rescind the waiver of [the Buy American Act] 

chapter 83 of title 41, United States Code, with respect to such 

types of products produced in that foreign country. 

(2) An agreement referred to in paragraph (1) is any agreement, 

between the United States and a foreign country pursuant to which 

the head of an agency of the United States Government has waived 

the requirements of [the Buy American Act] chapter 83 of title 41, 

United States Code, with respect to certain products produced in 

the foreign country. 

(c) REPORT TO CONGRESS.—The Mayor shall submit to Congress 

a report on the amount of purchases from foreign entities under 


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this subchapter from foreign entities in fiscal years 1992 and 1993. 

Such report shall separately indicate the dollar value of items for 

which [the Buy American Act] chapter 83 of title 41, United States 

Code, was waived pursuant to any agreement described in subsection (a)(2) of this section, the Trade Agreement Act of 1979 (19 

U.S.C. 2501 et seq.), or any international agreement to which the 

United States is a party. 

[(d) [BUY AMERICAN ACT DEFINED.—For purposes of this section, 

the term ‘‘Buy American Act’’ means title III of the Act entitled ‘‘An 

Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other 

purposes’’, approved March 3, 1933 (41 U.S.C. 10a et seq.).] 

[(e)] (d) RESTRICTIONS ON CONTRACT AWARDS.—No contract or 

subcontract made with funds authorized under this title may be 

awarded for the procurement of an article, material, or supply produced or manufactured in a foreign country whose government unfairly maintains in government procurement a significant and persistent pattern or practice of discrimination against United States 

products or services which results in identifiable harm to United 

States businesses, as identified by the President pursuant to 

(g)(1)(A) of section 305 of the Trade Agreements Act of 1979 (19 

U.S.C. 2515(g)(1)(A)). Any such determination shall be made in accordance with section 305. 

[(f)] (e) PROHIBITION AGAINST FRAUDULENT USE OF ‘‘MADE IN

AMERICA’’ LABELS.—If it has been finally determined by a court or 

Federal agency that any person intentionally affixed a label bearing a ‘‘Made in America’’ inscription, or any inscription with the 

same meaning, to any product sold in or shipped to the United 

States that is not made in the United States, that person shall be 

ineligible to receive any contract or subcontract under this Act, 

pursuant to the debarment, suspension, and ineligibility procedures 

in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations. 

§ 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 otherwise render assistance to, such person pending his transfer or hospitalization pursuant to other sections of this Act. For the purpose 

of providing such care and treatment and assistance, the Secretary 

is authorized to enter into suitable arrangements with appropriate 

State or other public or nonprofit agencies. Such arrangements 

shall be made without regard to [section 3709 of the Revised Statutes, as amended (41 U.S.C. 5),] section 6101 of title 41, United 

States Code and may provide for payment by the Secretary either 

in advance or by way of reimbursement. 

§ 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 

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tract or other arrangements made without regard to [section 3709 

of the Revised Statutes, as amended] section 6101 of title 41, 

United States Code) at any other public or private hospital in any 

State and, for such purposes, to transfer such person to any such 

hospital from a place of temporary care provided pursuant to section 2. In determining the place of such hospitalization, the Secretary shall give due weight to the best interests of the patient. 

TITLE 25—INDIANS 

§ 190 (Act of April 12, 1924) 

Subject to applicable regulations under [the Federal Property 

and Administrative Services Act of 1949, as amended] chapter 5 of 

title 40, United States Code, the Secretary of the Interior is authorized in his discretion to sell and convey by deed or patent, under 

such terms and conditions as he may prescribe, at not less than 

their appraised value, nonreservation Government tracts or plants 

or tribal administrative plants or reserves, or parts thereof, not exceeding forty acres in area and not exceeding $2,000 in value, not 

longer needed for Indian administrative or allotment purposes, and 

small unallotted tracts not exceeding forty acres, where a sale will 

serve the tribal interests. All sales made under this section shall 

be at public auction, to the highest and best bidder. 

§ 293 (Act of March 2, 1917, first section) 

Subject to applicable regulations under [the Federal Property 

and Administrative Services Act, as amended] chapter 5 of title 40, 

United States Code, the Secretary of the Interior is authorized to 

cause to be sold, to the highest bidder, under such rules and regulations as he may prescribe any tract or part of a tract of land purchased by the United States for day school or other Indian administrative uses, not exceeding one hundred and sixty acres in any one 

tract, when said land or a part thereof is no longer needed for the 

original purpose; the proceeds therefrom in all cases to be paid into 

the Treasury of the United States; title to be evidenced by a patent 

in fee simple for such lands as can be described in terms of the 

legal survey, or by deed duly executed by the Secretary of the Interior containing such metes-and-bounds description as will identify 

the land so conveyed as the land which had been purchased: Provided, That where the purchase price was paid from tribal funds, 

the net proceeds shall be placed in the Treasury of the United 

States to the credit of the respective tribes of Indians. 

§ 450j(a)(3) (Indian Self-Determination and Education Assistance Act, § 105(a)(3)) 

SEC. 105. (a)(1) Notwithstanding any other provision of law, subject to paragraph (3), the contracts and cooperative agreements entered into with tribal organizations pursuant to section 102 shall 

not be subject to Federal contracting or cooperative agreement laws 

(including any regulations), except to the extent that such laws expressly apply to Indian tribes. 


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* * * 

(3)(A) With respect to a construction contract (or a subcontract 

of such a construction contract), the provisions [of the Office of 

Federal Procurement Policy Act (41 U.S.C. 401 et seq.)] referred to 

in section 172(b) of title 41, United States Code, and the regulations 

relating to acquisitions promulgated under [such Act] such provisions shall apply only to the extent that the application of such provision to the construction contract (or subcontract) is— 

* * * 

(C)(i) Except as provided in subparagraph (B), no Federal law 

listed in clause (ii) or any other provision of Federal law (including 

an Executive order) relating to acquisition by the Federal Government shall apply to a construction contract that a tribe or tribal 

organization enters into under this Act, unless expressly provided 

in such law. 

(ii) The laws listed in this paragraph are as follows: 

(I) The [Federal Property and Administrative Services Act of 

1949 (40 U.S.C. 471 et seq.)] provisions referred to in section 

171(b) and (c) of title 41, United States Code. 

(II) [Section 3709 of the Revised Statutes] Section 6101 of 

title 41, United States Code. 

* * * 

(VIII) [Sections 1 through 12 of the Act of June 30, 1936 (49 

Stat. 2036 et seq.), chapter 881)] Chapter 65 of title 41, United 

States Code. 

(IX) [The Service Control Act of 1965 (41 U.S.C. 351 et seq.)] 

Chapter 67 of title 41, United States Code. 

§ 450k(a)(1) (Indian Self-Determination and Education Assistance 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 requirement, relating to self-determination contracts or the approval, 

award, or declination of such contracts, except that the Secretary 

of the Interior and the Secretary of Health and Human Services 

may promulgate regulations under this Act relating to chapter 171 

of title 28, commonly known as the ‘‘Federal Tort Claims Act’’, [the 

Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)] chapter 71 

of title 41, United States Code, declination and waiver procedures, 

appeal procedures, reassumption procedures, discretionary grant 

procedures for grants awarded under section 103, property donation procedures arising under section 105(f), internal agency procedures relating to the implementation of this Act, retrocession and 

tribal organization relinquishment procedures, contract proposal 

contents, conflicts of interest, construction, programmatic reports 

and data requirements, procurement standards, property management standards, and financial management standards. 


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§ 450m–1(d) (Indian Self-Determination and Education Assistance 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 Secretary for money damages arising under contracts authorized by 

this Act. In an action brought under this paragraph, the district 

courts may order appropriate relief including money damages, injunctive relief against any action by an officer of the United States 

or any agency thereof contrary to this Act or regulations promulgated thereunder, or mandamus to compel an officer or employee 

of the United States, or any agency thereof, to perform a duty provided under this Act or regulations promulgated hereunder (including immediate injunctive relief to reverse a declination finding 

under section 102(a)(2) or to compel the Secretary to award and 

fund an approved self-determination contract). 

* * * 

(d) [The Contract Disputes Act (Public Law 95–563, Act of November 1, 1978; 92 Stat. 2383, as amemded)] Chapter 71 of title 41, 

United States Code, shall apply to self-determination contracts, except that all administrative appeals relating to such contracts shall 

be heard by the [Interior Board of Contract Appeals established 

pursuant to section 8 of such Act (41 U.S.C. 607)] Civilian Board 

of Contract Appeals established pursuant to section 7105(b) of title 

41, United States Code. 

§ 458cc(e)(1) (Indian Self-Determination and Education Assistance Act, § 403(e)(1)) 

SEC. 403. FUNDING AGREEMENTS. 

(a) AUTHORIZATION.—The Secretary shall negotiate and enter 

into an annual written funding agreement with the governing body 

of each participating tribal government in a manner consistent 

with the Federal Government’s laws and trust relationship to and 

responsibility for the Indian people. 

* * * 

(e) CONSTRUCTION PROJECTS.—(1) Regarding construction programs or projects, the Secretary and Indian tribes may negotiate 

for the inclusion of specific provisions [of the Office of Federal Procurement and Policy Act] referred to in section 172(b) of title 41, 

United States Code and Federal acquisition regulations in any 

funding agreement entered into under this Act. Absent a negotiated agreement, such provisions and regulatory requirements 

shall not apply. 

§ 458aaa–8(h) (Indian Self-Determination and Education Assistance Act, § 509(h)) 

SEC. 509. CONSTRUCTION PROJECTS. 

(a) IN GENERAL.—Indian tribes participating in tribal self-governance may carry out construction projects under this title if they 

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vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the National Historic Preservation Act (16 U.S.C. 470 et seq.), and related 

provisions of law that would apply if the Secretary were to undertake a construction project, by adopting a resolution— 

* * * 

(h) APPLICATION OF OTHER LAWS.—Unless otherwise agreed to by 

the Indian tribe, no provision [of the Office of Federal Procurement 

Policy Act] referred to in section 172(b) of title 41, United States 

Code, the Federal Acquisition Regulations issued pursuant thereto, 

or any other law or regulation pertaining to Federal procurement 

(including Executive orders) shall apply to any construction project 

conducted under this title. 

§ 458aaa–9) (Indian Self-Determination and Education Assistance Act, § 510) 

SEC. 510. FEDERAL PROCURMENT LAWS AND REGULATIONS. 

Regarding construction programs or projects, the Secretary and 

Indian tribes may negotiate for the inclusion of specific provisions 

[of the Office of Federal Procurement and Policy Act (41 U.S.C. 401 

et seq.)] referred to in section 172(b) of title 41, United States Code 

and Federal acquisition regulations in any funding agreement entered into under this part. Absent a negotiated agreement, such 

provisions and regulatory requirements shall not apply. 

§ 463d note (Public Law 85–186, first section) 

That, upon request of any Indian tribe, group, or corporate entity, 

and approval of the request by the Secretary of the Interior as provided in this Act, the Administrator of the General Services Administration is authorized to transfer, without cost to such Indian 

tribe, group, or corporate entity, title to any property of the United 

States at the McNary Dam townsite, Umatilla, Oregon, or at 

Pickstown, South Dakota, that is declared surplus pursuant to [the 

Federal Property and Administrative Services Act of 1949 (Act of 

June 30, 1949; 63 Stat. 378), as amended] chapter 5 of title 40, 

United States Code. Such property shall not be exempt from taxation because of the fact that title is held by the Indian tribe, 

group, or corporate entity. 

§ 1638b (Indian Health Care Improvement Act, § 310) 

SEC. 310. (a) The Secretary shall ensure that the requirements 

of [the Buy American Act] chapter 83 of title 41, United States 

Code apply to all procurements made with funds made available to 

carry out this title. 

(b) The Secretary shall submit to the Congress a report on the 

amount of procurements from foreign entities made in fiscal years 

1993 and 1994 with funds made available to carry out this title. 

Such report shall separately indicate the dollar value of items procured with such funds for which [the Buy American Act] chapter 

83 of title 41, United States Code was waived pursuant to the 

Trade Agreement Act of 1979 or any international agreement to 

which the United States is a party. 


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* * * 

[(d) For purposes of this section, the term ‘‘Buy American Act’’ 

means title III of the Act entitled ‘‘An Act making appropriations 

for the Treasury and Post Office Departments for the fiscal year 

ending June 30, 1934, and for other purposes’’, approved March 3, 

1933 (41 U.S.C. 10a et seq.).] 

TITLE 26—INTERNAL REVENUE CODE 

§ 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 

[section 4 of the Office of Federal Procurement Policy Act (41 

U.S.C. 403)] section 133 of title 41, United States Code. 

TITLE 28—JUDICIARY AND JUDICIAL 

PROCEDURE 

§ 524(c)(1) 

§ 524. Availability of appropriations 

* * * 

(c)(1) There is established in the United States Treasury a special fund to be known as the Department of Justice Assets Forfeiture Fund (hereafter in this subsection referred to as the ‘‘Fund’’) 

which shall be available to the Attorney General without fiscal 

year limitation for the following law enforcement purposes— 

* * * 

Amounts for paying the expenses authorized by subparagraphs (B), 

(F), and (G) shall be specified in appropriations Acts and may be 

used under authorities available to the organization receiving the 

funds. Amounts for other authorized expenditures and payments 

from the Fund, including equitable sharing payments, are not required to be specified in appropriations acts. The Attorney General 

may exempt the procurement of contract services under subparagraph (A) under the Fund from [division C (except sections 3302, 

3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, section 

6101(b) to (d) of title 41,] the provisions referred to in section 171(c), 

and section 6101, of title 41 and other provisions of law as may be 

necessary to maintain the security and confidentiality of related 

criminal investigations. 


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§ 524 note (Department of Justice Appropriations Act, 1999, 

§ 115(a)(2)) 

SEC. 115. (a)(1) Notwithstanding any other provision of law, for 

fiscal year 1999, the Attorney General may obligate any funds appropriated for or reimbursed to the Counterterrorism programs, 

projects or activities of the Department of Justice to purchase or 

lease equipment or any related items, or to acquire interim services, without regard to any otherwise applicable Federal acquisition 

rule, if the Attorney General determines that— 

* * * 

(2) In this subsection, the term ‘‘Federal acquisition rule’’ means 

any provision of title II or IX of the Federal Property and Administrative Services Act of 1949, the [Office of Federal Procurement 

Policy Act] provisions referred to in section 172(b) of title 41, United 

States Code, the Small Business Act, the Federal Acquisition Regulation, or any other provision of law or regulation that establishes 

policies, procedures, requirements, conditions, or restrictions for 

procurements by the head of a department or agency or the Federal 

Government. 

§ 533 note (Department of Justice and Related Agencies Appropriations Act, 1993, § 102(b)(1)(A)) 

SEC. 102. Subject to subsection (b) of this section, authorities contained in Public Law 96–132, ‘‘The Department of Justice Appropriation Authorization Act, Fiscal Year 1980’’, shall remain in effect until the termination date of this Act or until the effective date 

of a Department of Justice Appropriation Authorization Act, whichever is earlier. 

(b)(1) During fiscal year 1996, with respect to any undercover investigative operation of the Federal Bureau of Investigation or the 

Drug Enforcement Administration which is necessary for the detection and prosecution of crimes against the United States or for the 

collection of foreign intelligence or counterintelligence— 

(A) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration may be used for purchasing property, buildings, and 

other facilities, and for leasing space, within the United States, 

the District of Columbia, and the territories and possessions of 

the United States, without regard to section 1341 of title 31 of 

the United States Code, [section 3732(a) of the Revised Statutes (41 U.S.C. 11(a)), section 305 of the Act of June 30, 1949 

(63 Stat. 396; 41 U.S.C. 255), the third undesignated paragraph under the heading of ‘‘Miscellaneous’’ of the Act of 

March 3, 1877 (19 Stat. 370; 40 U.S.C. 34] chapter 45 and section 6301(a) and (b)(1) through (3) of title 41 of the United 

States Code, section 8141 of title 40 of the United States Code, 

section 3324 of title 31 of the United States Code, [section 3741 

of the Revised Statutes (41 U.S.C. 22), and subsections (a) and 

(c) of section 304 of the Federal Property and Administrative 

Service [Services] Act of 1949 (63 Stat. 395; 41 U.S.C. 254(a) 

and (c))] and sections 3901 and 6306(a) of title 41 of the United 

States Code, 


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§ 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 Administrative Office of the United States Courts, shall establish an 

electronic case management demonstration project to be carried out 

in 3 Federal judicial districts that have a sufficiently large and varied bankruptcy caseload so as to provide a meaningful evaluation 

of the cost and effectiveness of such system. A contract for such 

project shall be awarded— 

* * * 

(2) in accordance with [the Federal Property and Administrative Services Act of 1949, the Office of Federal Procurement 

Policy Act, and title 31 of the United States Code] title 31 of 

the United States Code and the provisions referred to in sections 171(b) and (c) and 172(b) of title 41 of the United States 

Code. 

§ 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 personal property for the judicial branch of Government (except 

the Supreme Court unless otherwise provided pursuant to 

paragraph (17)); (B) provide or make available readily to each 

court appropriate equipment for the interpretation of proceedings in accordance with section 1828 of this title; and (C) 

enter into and perform contracts and other transactions upon 

such terms as the Director may deem appropriate as may be 

necessary to the conduct of the work of the judicial branch of 

Government (except the Supreme Court unless otherwise provided pursuant to paragraph (17)), and contracts for nonpersonal services providing pretrial services, agencies, for the interpretation of proceedings, and for the provision of special interpretation services pursuant to section 1828 of this title may 

be awarded without regard to [section 6101(b) to (d)] section 

6101 of title 41; 

* * * 

(g)(1) When authorized to exchange personal property, the Director may exchange or sell similar items and may apply the exchange 

allowance or proceeds of sale in such cases in whole or in part payment for the property acquired, but any transaction carried out 


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under the authority of this subsection shall be evidenced in writing. 

* * * 

(4) The Director is hereby authorized: 

(A) to enter into contracts for the acquisition of severable 

services for a period that begins in one fiscal year and ends in 

the next fiscal year to the same extent as the head of an executive agency under the authority of [section 253l of title 41, 

United States Code] section 3902 of title 41; 

(B) to enter into contracts for multiple years for the acquisition of property and services to the same extent as executive 

agencies under the authority of [section 254c of title 41, United 

States Code] section 3903 of title 41; and 

(C) to make advance, partial, progress or other payments 

under contracts for property or services to the same extent as 

executive agencies under the authority of [section 255 of title 

41, United States Code] chapter 45 of title 41. 

§ 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 [section 6101(b) to (d)] section 6101 of title 

41, and to delegate such contract authority to the Director of 

the Federal Judicial Center, who is hereby empowered to exercise such delegated authority. 

§ 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 pursuant to subsection (a) of this section is insufficient to meet temporary demands and needs and that the services of additional court 

reporters for such district court should be provided the judges of 

such district court (including the senior judges thereof when such 

senior judges are performing substantial judicial services for such 

court) on a contract basis, rather than by appointment of court reporters as otherwise provided in this section, and such judicial 

council notifies the Director of the Administrative Office, in writing, of such determination, the Director of the Administrative Office is authorized to and shall contract, without regard to [section 

6101(b) to (d)] section 6101 of title 41, with any suitable person, 

firm, association, or corporation for the providing of court reporters 

to serve such district court under such terms and conditions as the 

Director of the Administrative Office finds, after consultation with 


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the chief judge of the district court, will best serve the needs of 

such district court. 

§ 1491(a)(2) 

§ 1491. Claims against United States generally; actions involving Tennessee Valley Authority 

(a)(1) The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim against the United 

States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any 

express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort. For 

the purpose of this paragraph, an express or implied contract with 

the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be 

considered an express or implied contract with the United States. 

(2) To provide an entire remedy and to complete the relief afforded by the judgment, the court may, as an incident of and collateral to any such judgment, issue orders directing restoration to office or position, placement in appropriate duty or retirement status, 

and correction of applicable records, and such orders may be issued 

to any appropriate official of the United States. In any case within 

its jurisdiction, the court shall have the power to remand appropriate matters to any administrative or executive body or official 

with such direction as it may deem proper and just. The Court of 

Federal Claims shall have jurisdiction to render judgment upon 

any claim by or against, or dispute with, a contractor arising under 

section 7104(b)(1) of title 41, including a dispute concerning termination of a contract, rights in tangible or intangible property, compliance with cost accounting standards, and other nonmonetary disputes on which a decision of the contracting officer has been issued 

under [section 6 of that Act] section 7103 (except subsection (c)(2)) 

of title 41. 

TITLE 29—LABOR 

§ 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 (except subsections (a)(1) and (f) thereof), every employer providing 

any contract services (other than linen supply services) under a 

contract with the United States or any subcontract thereunder 

shall pay to each of his employees whose rate of pay is not governed by [the Service Contract Act of 1965 (41 U.S.C. 351–357)] 

chapter 67 of title 41, United States Code, or to whom subsection 


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(a)(1) of this section is not applicable, wages at rates not less than 

the rates provided for in subsection (b) of this section. 

(2) Notwithstanding the provisions of section 13 of this Act (except subsections (a)(1) and (f) thereof) and the provisions of [the 

Service Contract Act of 1965] chapter 67 of title 41, United States 

Code,, every employer in an establishment providing linen supply 

services to the United States under a contract with the United 

States or any subcontract thereunder shall pay to each of his employees in such establishment wages at rates not less than those 

prescribed in subsection (b) of this section, except that if more than 

50 per centum of the gross annual dollar volume of sales made or 

business done by such establishment is derived from providing 

such linen supply services under any such contracts or subcontracts, such employer shall pay to each of his employees in such 

establishment wages at rates not less than those prescribed in subsection (a)(1) of this section. 

§ 262(d) (Portal-to-Portal Act of 1947, § 13(d)) 

SEC. 13. DEFINITIONS.— 

* * * 

(d) [The term ‘‘Wash-Healey Act’’ means the Act entitled ‘‘An Act 

to provide conditions for the purchase of supplies and the making 

of contracts by the United States, and for other purposes’’, approved June 30, 1936 (49 Stat. 2036), as amended] The term 

‘‘Walsh-Healy Act’’ means chapter 65 of title 41, United States Code; 

and the term ‘‘Bacon-Davis Act’’ means [the Act entitled ‘‘An Act 

to amend the Act approved March 3, 1931, relating to the rate of 

wages for laborers and mechanics employed by contractors and subcontractors on public buildings’’, approved August 30, 1935 (49 

Stat. 1011), as amended] sections 3141 through 3144, 3146, and 

3147 of title 40, United States Code. 

§ 653(b)(2) (Occupational Safety and Health Act of 1970, 

§ 4(b)(2)) 

SEC. 4. (a) This Act shall apply with respect to employment performed in a workplace in a State, the District of Columbia, the 

Commonwealth of Puerto Rico, the Virgin Islands, American 

Samoa, Guam, the Trust Territory of the Pacific Islands, Lake Island, Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act, Johnston Island, and the Canal Zone. The 

Secretary of the Interior shall, by regulation, provide for judicial 

enforcement of this Act by the courts established for areas in which 

there are no United States district courts having jurisdiction. 

(b)(1) Nothing in this Act shall apply to working conditions of 

employees with respect to which other Federal agencies, and State 

agencies acting under section 274 of the Atomic Energy Act of 

1954, as amended (42 U.S.C. 2021), exercise statutory authority to 

prescribe or enforce standards or regulations affecting occupational 

safety or health. 

(2) The safety and health standards promulgated under [the Act 

of June 30, 1936, commonly known as the Walsh-Healey Act (41 

U.S.C. 35 et seq.), the Service Contract Act of 1965 (41 U.S.C. 351 

et seq.)] chapter 65 of title 41, United States Code, chapter 67 of 

title 41, United States Code, Public Law 91–54, Act of August 9, 


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1969 (40 U.S.C. 333), Public Law 85–742, Act of August 23, 1958 

(33 U.S.C. 941), and the National Foundation on Arts and Humanities Act (20 U.S.C. 951 et seq.) are superseded on the effective 

date of corresponding standards, promulgated under this Act, 

which are determined by the Secretary to be more effective. Standards issued under the laws listed in this paragraph and in effect 

on or after the effective date of this Act shall be deemed to be occupational safety and health standards issued under this Act, as well 

as under such other chapters or Acts. 

§ 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 National Institute for Occupational Safety and Health in the Department of Health and Human Services in order to carry out the policy set forth in section 2 of this Act and to perform the functions 

of the Secretary of Health and Human Services under sections 20 

and 21 of this Act. 

* * * 

(e) In addition to any authority vested in the Institute by other 

provisions of this section, the Director, in carrying out the functions of the Institute, is authorized to— 

* * * 

(7) enter into contracts, grants or other arrangements, or 

modifications thereof to carry out the provisions of this section, 

and such contracts or modifications thereof may be entered 

into without performance or other bonds, and without regard 

to [section 3709 of the Revised Statutes, as amended (41 

U.S.C. 5)] section 6101 of title 41, United States Code, or any 

other provision of law relating to competitive bidding; 

§ 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 [subsections (c) and (d) of section 303 of the Federal Property 

and Administrative Services Act of 1949 (41 U.S.C. 253)] 

section 3304(a) through (c) of title 41, United States Code, 

the Secretary shall select on a competitive basis an entity 

to operate a Job Corps center and entities to provide activities described in this subchapter to the Job Corps center. In developing a solicitation for an operator or service 

provider, the Secretary shall consult with the Governor of 

the State in which the center is located, the industry council for the Job Corps center (if established), and the applicable local board regarding the contents of such solicitation, including elements that will promote the consistency 


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of the activities carried out through the center with the objectives set forth in the State plan or in a local plan. 

TITLE 30—MINERAL LANDS AND 

MINING 

§ 4 (Act of February 25, 1919, § 2) 

SEC. 2. The Secretary of the Interior is authorized and directed 

to make experiments and investigations, through the United States 

Bureau of Mines, of lignite coals and peat, to determine the commercial and economic practicability of their utilization in producing 

fuel oil, gasoline substitutes, ammonia, tar, solid fuels, gas for 

power, and other purposes. The Secretary of the Interior is authorized and directed subject to applicable regulations under [the Federal Property and Administrative Services Act of 1949, as amended] chapter 5 of title 40, United States Code, to sell or otherwise 

dispose of any property, plant, or machinery purchased or acquired 

under the provisions of this section, as soon as the experiments and 

investigations authorized have been concluded, and report the results of such experiments and investigations to Congress. 

§ 556(b) (Act of August 31, 1954, § 6(b)) 

SEC. 6. In carrying out the provisions of section 3 of this Act the 

Secretary of the Interior is authorized— 

* * * 

(b) to hire, with or without personal services, work animals 

and animal-drawn and motor-propelled vehicles and equipment, at rates to be approved by the Secretary of the Interior 

and without regard to the provisions of [section 3709 of the Revised Statutes (41 U.S.C. 5)] section 6101 of title 41, United 

States Code; 

§ 846 (Federal Mine Safety and Health Act of 1977, § 206) 

SEC. 206. On and after the operative date of this title, the standards on noise prescribed under [the Walsh-Healey Public Contracts 

Act, as amended] chapter 65 of title 41, United States Code, in effect October 1, 1969, shall be applicable to each coal mine and each 

operator of such mine shall comply with them. Within six months 

after the date of enactment of this Act, the Secretary of Health, 

Education, and Welfare shall establish, and the Secretary shall 

publish, as provided in section 101 of this Act, proposed mandatory 

health standards establishing maximum noise exposure levels for 

all underground coal mines. Beginning six months after the operative date of this title, and at intervals of at least every six months 

thereafter, the operator of each coal mine shall conduct, in a manner prescribed by the Secretary of Health, Education, and Welfare, 

tests by a qualified person of the noise level at the mine and report 

and certify the results to the Secretary and the Secretary of 

Health, Education, and Welfare. In meeting such standard under 

this section, the operator shall not require the use of any protective 

device or system, including personal devices, which the Secretary 


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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 inspection, collection and fiscal and production accounting and auditing system to provide the capability to accurately determine oil and 

gas royalties, interest, fines, penalties, fees, deposits, and other 

payments owed, and to collect and account for such amounts in a 

timely manner. 

* * * 

(c)(1) The Secretary shall audit and reconcile, to the extent practicable, all current and past lease accounts for leases of oil or gas 

and take appropriate actions to make additional collections or refunds as warranted. The Secretary shall conduct audits and reconciliations of lease accounts in conformity with the business practices and recordkeeping systems which were required of the lessee 

by the Secretary for the period covered by the audit. The Secretary 

shall give priority to auditing those lease accounts identified by a 

State or Indian tribe as having significant potential for underpayment. The Secretary may also audit accounts and records of selected lessees and operators. 

(2) The Secretary may enter into contracts or other appropriate 

arrangements with independent certified public accountants to undertake audits of accounts and records of any lessee or operator relating to the lease of oil or gas. Selection of such independent certified public accountants shall be by competitive bidding in accordance with the [Federal Property and Administrative Services Act of 

1949 (41 U.S.C. 252)] provisons referred to in section 171(b) and (c) 

of title 41, United States Code, except that the Secretary may not 

enter into a contract or other arrangement with any independent 

certified public accountant to audit any lessee or operator where 

such lessee or operator is a primary audit client of such certified 

public accountant. 

TITLE 31—MONEY AND FINANCE 

§ 501 note (Financial Services and General Government Appropriations Act, 2010, § 743(i)) 

SEC. 743. (a) SERVICE CONTRACT INVENTORY REQUIREMENT.— 

* * * 

(i) EXECUTIVE AGENCY DEFINED.—In this section, the term ‘‘executive agency’’ has the meaning given the term in [section 4 of the 

Office of Federal Procurement Policy Act (41 U.S.C. 403)] section 

133 of title 41, United States Code. 

§ 501 note (National Defense Authorization Act for Fiscal 

Year 2010, § 326) 

SEC. 326. REQUIREMENT FOR DEBRIEFING RELATED TO 

CONVERSION OF FUNCTIONS FROM PERFORMANCE BY 


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FEDERAL EMPLOYEES TO PERFORMANCE BY A CONTRACTOR. 

The Administrator for Federal Procurement Policy shall revise 

the Federal Acquisition Regulation to allow for debriefings of Federal employee representatives designated pursuant to 3551(2)(B) of 

title 31, United States Code, to the same extent and under the 

same circumstances as any offeror, in the case of a conversion of 

any function from performance by Federal employees to performance by a contractor. Such debriefings will conform to the requirements of section 2305(b)(6)(A) of title 10, United States Code, [section 303B(f) of the Federal Property and Administrative Services 

Act of 1949 ([former] 41 U.S.C. 253b(f))] section 3705 of title 41, 

United States Code, and subparts 15.505 and 15.506 (as in effect 

on the date of the enactment of this Act) of the Federal Acquisition 

Regulation. 

§ 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 GOVERNMENTAL FUNCTION AND CRITERIA FOR CRITICAL FUNCTIONS. 

(a) DEVELOPMENT AND IMPLEMENTATION.—The Director of the Office of Management and Budget, in consultation with appropriate 

representatives of the Chief Acquisition Officers Council under 

[section 16A of the Office of Federal Procurement Policy Act (41 

U.S.C. 414b)] subchapter II of chapter 13 of title 41, United States 

Code, and the Chief Human Capital Officers Council under section 

1401 of title 5, United States Code, shall— 

§ 501 note (Financial Services and General Government Appropriations 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 [section 2 of the Javits-Wagner-O’Day Act 

(41 U.S.C. 47)] section 8503 of title 41, United States 

Code; or 

(ii) is planned to be converted to performance by a 

qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped 

individuals in accordance with [that Act] chapter 85 of 

title 41 United States Code; 

§ 501 note (Transportation, Treasury, and Independent 

Agencies Appropriations Act, 2004, § 647(f)) 

SEC. 647. (a) LIMITATION ON CONVERSION TO CONTRACTOR PERFORMANCE.—None of the funds appropriated by this Act shall be 

available to convert to contractor performance an activity or funcVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00137 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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tion of an executive agency, that on or after the date of enactment 

of this Act, is performed by more than 10 Federal employees unless— 

* * * 

(f) In this section, the term ‘‘executive agency’’ has the meaning 

given such term in [section 4 of the Office of Federal Procurement 

Policy Act (41 U.S.C. 403)] section 133 of title 41, United States 

Code. 

§ 702 note (Legislative Branch Appropriations Act, 2008, 

§ 1501(d)) 

SEC. 1501. CONTRACTS APPEAL BOARD. (a) DEFINITIONS.—In this 

section— 

* * * 

(d) PROVISIONS APPLICABLE TO APPEALS.—[The Contract Disputes Act of 1978 (Public Law 95–563, 41 U.S.C. 601 et seq.), as 

amended] Chapter 71 of title 41, United States Code, shall apply to 

appeals to the Board, except that [section 4, subsections 8(a), (b), 

and (c), and subsection 10(a)] sections 7102(d), 7104(b), and 

7105(a), (c), (d), and (e)(1)(C) of title 41, United States Code, shall 

not apply to such appeals and the amount of any claim referenced 

in [subsection 6(c)] subsections (b) and (f) of section 7103 of title 41, 

United States Code, shall be $50,000. The Comptroller General 

shall prescribe regulations for procedures for appeals to the Board 

that are consistent with procedures under [the Contract Disputes 

Act of 1978] chapter 71 of title 41, United States Code. 

§ 781(c)(1) 

§ 781. Authority over the General Accounting Office Building 

* * * 

(c)(1) The Comptroller General is authorized to enter into agreements or contracts to acquire property or services on such terms 

and conditions and in such a manner as he deems necessary and 

without regard to [section 6101(b) to (d)] section 6101 of title 41; 

except that the Comptroller General may not acquire real property 

unless specifically authorized by law. In exercising the authority 

granted by this section, the Comptroller General shall obtain full 

and open competition in accordance with the principles and purposes of the Competition in Contracting Act of 1984. 

§ 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 required to be submitted under any of the following provisions of law: 

* * * 

(17) [Section 303(c)(7) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(7))] Section 

3304(a)(7) of title 41, United States Code. 


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§ 1113 note (Public Law 106–65, § 1031(13)) 

SEC. 1031. PRESERVATION OF CERTAIN DEFENSE 

REORTING REQUIREMENTS. 

Section 3003(a)(1) of the Federal Reports Elimination and Sunset 

Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required to be submitted under any of the following provisions of law: 

* * * 

(13) [Section 3732 of the Revised Statutes, popularly known 

as the ‘Food and Forage Act’ (41 U.S.C. 11)] Section 6301(a) 

and (b) of title 41, United States Code. 

§ 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 [section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1))] section 133 of title 41, United States 

Code, except that, in the case of a military department, it 

means the Department of Defense. 

§ 3321 note (Improper Payments Elimination and Recovery 

Act of 2010, § 2(h)(2)(C)(i)) 

SEC. 2. IMPROPER PAYMENTS ELIMINATION AND RECOVERY. 

* * * 

(h) RECOVERY AUDITS.— 

* * * 

(2) IN GENERAL.— 

* * * 

(C) RECOVERY AUDIT CONTRACTS.—With respect to recovery audits procured by an agency by contract— 

(i) subject to subparagraph (B)(iii), and except to the 

extent such actions are outside the agency’s authority, 

as defined by [section 605(a) of the Contract Disputes 

Act of 1978 (41 U.S.C. 605(a))] section 7103(a), (c)(1), 

(d) and (e) of title 41, United States Code, the head of 

the agency may authorize the contractor to notify entities (including persons) of potential overpayments 

made to such entities, respond to questions concerning 

potential overpayments, and take other administrative 

actions with respect to overpayment claims made or to 

be made by the agency; and 


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§ 3718(b)(1)(A) 

§ 3718. Contracts for collection services 

* * * 

(b)(1)(A) The Attorney General may make contracts retaining private counsel to furnish legal services, including representation in 

negotiation, compromise, settlement, and litigation, in the case of 

any claim of indebtedness owed the United States. Each such contract shall include such terms and conditions as the Attorney General considers necessary and appropriate, including a provision 

specifying the amount of the fee to be paid to the private counsel 

under such contract or the method for calculating that fee. The 

amount of the fee payable for legal services furnished under any 

such contract may not exceed the fee that counsel engaged in the 

private practice of law in the area or areas where the legal services 

are furnished typically charge clients for furnishing legal services 

in the collection of claims of indebtedness, as determined by the Attorney General, considering the amount, age, and nature of the indebtedness and whether the debtor is an individual or a business 

entity. Nothing in this subparagraph shall relieve the Attorney 

General of the competition requirements set forth in [division C 

(except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I] the provisions referred to in section 171(c) of title 41. 

§ 3903 note (Prompt Payment Act Amendments of 1988, § 11) 

SEC. 11. (a) The Federal Acquisition Regulation shall be modified 

to provide appropriate solicitation provisions and contract clauses 

that implement chapter 39 of title 31, United States Code, as 

amended by this Act, and the regulations prescribed under section 

3903 of such title (as amended). 

(b) The solicitation provisions and contract clauses required by 

subsection (a) of this section shall include (but not be limited to) 

the following matters: 

(1) Authority for a contracting officer to specify for a contract 

or class of contracts a specific payment period, which— 

* * * 

(C) in the case of payments for items of property or services in an amount less than the amount specified as a 

small purchase in [section 303(g)(2) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 

253(g)(2))] section 3305(b) of title 41, United States Code, 

does not exceed 15 days after the date of receipt of the invoice, if— 

* * * 

(c) The regulations required by subsection (a) of this section shall 

be published as proposed regulations for public comment as provided in [section 22 of the Office of Federal Procurement Policy Act 

(41 U.S.C. 418b)] section 1707 of title 41, United States Code, within 120 days after the date of the enactment of this Act. 


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§ 5114(a)(3) 

§ 5114. Engraving and printing currency and security documents 

(a) AUTHORITY TO ENGRAVE AND PRINT.— 

* * * 

(3) PROCUREMENT GUIDELINES.—Articles, material, and supplies procured for use in the production of currency, postage 

stamps, and other security documents for foreign governments 

pursuant to paragraph (2) shall be treated in the same manner 

as articles, material, and supplies procured for public use within the United States for purposes of [title III of the Act of 

March 3, 1933 (41 U.S.C. 10a et seq.; commonly referred to as 

the Buy American Act)] chapter 83 of title 41. 

§ 6101 note (Federal Funding Accountability and Transparency Act of 2006, § 2(b)(1)) 

SEC. 2. FULL DISCLOSURE OF ENTITIES RECEIVING 

FEDERAL FUNDING. 

* * * 

(b) IN GENERAL.— 

(1) WEBSITE.—Not later than January 1, 2008, the Office of 

Management and Budget shall, in accordance with this section, 

section 204 of the E-Government Act of 2002 (Public Law 107– 

347; 44 U.S.C. 3501 note), and the [Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.)] provisions referred to 

in section 172(b) of title 41, United States Code, ensure the existence and operation of a single searchable website, accessible 

by the public at no cost to access, that includes for each Federal award— 

§ 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 subcontracts at any tier, other than subcontracts for commercially 

available off-the-shelf items (as defined in [section 35(c) of the 

Office of Federal Procurement Policy Act (41 U.S.C. 431(c))] 

section 104 of title 41, United States Code), except that in the 

case of a contract for commercial items, such term includes 

only first-tier subcontracts. 


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§ 9703(b)(3) (as added by section 638(b)(1) of the Treasury 

Forfeiture Fund Act of 1992) 

§ 9703. Department of the Treasury Forfeiture Fund 

* * * 

(b) LIMITATIONS.— 

* * * 

(3) The Secretary may exempt the procurement of contract 

services under the Fund from [division C (except sections 3302, 

3501(b), 3509, 3906, 4710, and 4711) of subtitle I] the provisions referred to in section 171(c) of title 41, [section 6101(b) to 

(d)] section 6101 of title 41, and other provisions of law as may 

be necessary to maintain the security and confidentiality of related criminal investigations. 

TITLE 33—NAVIGATION AND 

NAVIGABLE WATERS 

§ 578(a) (River and Harbor Act of 1960, § 108(a)) 

SEC. 108. (a) Whenever the Secretary of the Army, upon the recommendation of the Chief of Engineers, determines that notwithstanding [the Federal Property and Administrative Services Act of 

1949 (63 Stat. 377), as amended] chapter 5 of title 40, United States 

Code with respect to disposal of surplus real property, (1) the development of public port or industrial facilities on land which is 

part of a water resource development project under his jurisdiction 

will be in the public interest; (2) that such development will not 

interfere with the operation and maintenance of the project; and (3) 

that disposition of the property for these purposes under this section will serve the objectives of the project within which the land 

is located, he may convey the land by quitclaim deed to a State, 

political subdivision thereof, port district, port authority, or other 

body created by the State or through a compact between two or 

more States for the purpose of developing or encouraging the development of such facilities. In any case, where two or more political 

subdivisions thereof, or bodies created by, a State or group of 

States, seek to obtain the same land, the Secretary of the Army 

shall give preference to that political subdivision or body whose intended use of land will, in his opinion, best promote the purposes 

for which the project involved was authorized. 

§ 702m (Act of May 15, 1928, § 14) 

SEC. 14. In every contract or agreement to be made or entered 

into for the acquisition of land either by private sale or condemnation as in this Act provided the provisions contained in [section 

3741 of the Revised Statutes being section 22 of title 41 of the 

United States Code] section 6306(a) of title 41, United States Code 

shall be applicable. 

§ 891d(a)(1) (NOAA Fleet Modernization Act, § 606(a)(1)) 

SEC. 606. CONTRACT AUTHORITY. 


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(a) MULTIYEAR CONTRACTS.— 

(1) IN GENERAL.—Subject to paragraphs (2) and (3), and notwithstanding section 1341 of title 31, [United States Code and 

section 3732 of the Revised Statutes of the United States (41 

U.S.C. 11)] United States Code, and section 6301(a) and (b) of 

title 41, United States Code, the Secretary may acquire vessels 

for the NOAA fleet by purchase, lease, lease-purchase, or otherwise, under one or more multiyear contracts. 

§ 941(b)(5) (Longshore and Harbor Workers’ Compensation 

Act, § 41(b)(5)) 

SEC. 41. (a) Every employer shall furnish and maintain employment and places of employment which shall be reasonably safe for 

his employees in all employments covered by this Act and shall install, furnish, maintain, and use such devices and safeguards with 

particular reference to equipment used by and working conditions 

established by such employers as the Secretary may determine by 

regulation or order to be reasonably necessary to protect the life, 

health, and safety of such employees, and to render safe such employment and places of employment, and to prevent injury to his 

employees. However, the Secretary may not make determinations 

by regulation or order under this section as to matters within the 

scope of title 52 of the Revised Statutes and Acts supplementary 

or amendatory thereto, the Act of June 15, 1917 (ch. 30, 40 Stat. 

220), as amended, or section 4(e) of the Act of August 7, 1953 (ch. 

345, 67 Stat. 462), as amended. 

(b) The Secretary, in enforcing and administering the provisions 

of this section, is authorized in addition to such other powers and 

duties as are conferred upon him— 

* * * 

(5) to hold such hearings, issue such orders, and make such 

decisions, based upon findings of fact, as are deemed to be necessary to enforce the provisions of this section, and for such 

purposes the Secretary and the district courts shall have the 

authority and jurisdiction provided by [section 5 of the Act of 

June 30, 1936 (ch. 881, 49 Stat. 2036, as amended,] section 

6507(b) through (f) of title 41, United States Code and the Secretary shall be represented in any court proceedings as provided in the Act of May 4, 1928 (ch. 502, 45 Stat. 390), as 

amended. 

§ 1123(c)(4)(D) (National Sea Grant College Program Act, 

§ 204(c)(4)(D)) 

SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM. 

(a) PROGRAM MAINTENANCE.—The Secretary shall maintain within the Administration a program to be known as the national sea 

grant college program. The national sea grant college program 

shall be administered by a national sea grant office within the Administration. 

* * * 

(c) RESPONSIBILITIES OF THE SECRETARY.— 


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* * * 

(4) To carry out the provisions of this title, the Secretary 

may— 

* * * 

(D) enter into contracts, cooperative agreements, and 

other transactions without regard to [section 5 of title 41] 

section 6101 of title 41, United States Code; 

§ 1254 (Federal Water Pollution Control Act, § 104) 

SEC. 104. (a) The Administrator shall establish national programs for the prevention, reduction, and elimination of pollution 

and as part of such programs shall— 

* * * 

(b) In carrying out the provisions of subsection (a) of this section 

the Administrator is authorized to— 

* * * 

(4) contract with public or private agencies, institutions, organizations, and individuals, without regard to [sections 3648 

and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5] 

section 3324(a) and (b) of title 31, United States Code, and section 6101 of title 41, United States Code, referred to in paragraph (1) of subsection (a); 

* * * 

(g)(1) For the purpose of providing an adequate supply of trained 

personnel to operate and maintain existing and future treatment 

works and related activities, and for the purpose of enhancing substantially the proficiency of those engaged in such activities, the 

Administrator shall finance pilot programs, in cooperation with 

State and interstate agencies, municipalities, educational institutions, and other organizations and individuals, of manpower development and training and retraining of persons in, on entering into, 

the field of operation and maintenance of treatment works and related activities. Such program and any funds expended for such a 

program shall supplement, not supplant, other manpower and 

training programs and funds available for the purposes of this 

paragraph. The Administrator is authorized, under such terms and 

conditions as he deems appropriate, to enter into agreements with 

one or more States, acting jointly or severally, or with other public 

or private agencies or institutions for the development and implementation of such a program. 

* * * 

(3) In furtherance of the purposes of this Act, the Administrator 

is authorized to— 

(A) make grants to public or private agencies and institutions and to individuals for training projects, and provide for 

the conduct of training by contract with public or private agencies and institutions and with individuals without regard to 


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[sections 3648 and 3709 of the Revised Statutes] section 

3324(a) and (b) of title 31, United States Code, and section 

6101 of title 41, United States Code; 

§ 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 Administrator certifies that the condition giving rise to such conviction has been corrected. 

* * * 

(f)(1) No certification by a contractor, and no contract clause, 

may be required in the case of a contract for the acquisition of commercial items in order to implement a prohibition or requirement 

of this section or a prohibition or requirement issued in the implementation of this section. 

(2) In paragraph (1), the term ‘‘commercial item’’ has the meaning given such term in [section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))] section 103 of title 41, 

United States Code. 

TITLE 35—PATENTS 

§ 1 note (Omnibus Budget Reconciliation Act of 1990, 

§ 10102) 

SEC. 10102. FEDERAL AGENCY STATUS. 

For the purposes of Federal law, the Patent and Trademark Office shall be considered a Federal agency. In particular, the Patent 

and Trademark Office shall be subject to all Federal laws pertaining to the procurement of goods and services that would apply 

to a Federal agency using appropriated funds, including the [Federal Property and Administrative Services Act of 1949 and the Office of Federal Procurement Policy Act] provisions referred to in sections 171(b) and (c) and 172(b) of title 41, United States Code. 

§ 2(b)(4)(A) 

§ 2. Powers and duties 

* * * 

(b) SPECIFIC POWERS.—The Office— 

* * * 

(4)(A) may make such purchases, contracts for the construction, maintenance, or management and operation of facilities, 

and contracts for supplies or services, without regard to the 

provisions of subtitle I and chapter 33 of title 40, [division C 

(except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of 

subtitle I] the provisions referred to in section171(c) of title 41, 


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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 [section 

6101(b) to (d) of title 41] section 6101 of title 41, to purchase from 

one or more life insurance companies a policy or policies of group 

life insurance to provide the benefits specified in this subchapter. 

Each such life insurance company must (1) be licensed to issue life 

insurance in each of the fifty States of the United States and in 

the District of Columbia, and (2) as of the most recent December 

31 for which information is available to the Secretary, have in effect at least 1 percent of the total amount of group life insurance 

which all life insurance companies have in effect in the United 

States. 

§ 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 [section 3709 of the Revised Statutes (41 U.S.C. 5)] section 6101 of title 41. 

§ 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 govern the expenditure of public funds, except that [division C (except 

sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I] 

the provisions referred to in section 171(c) of title 41 shall apply to 

any contract for services or supplies on account of any property acquired pursuant to this section. 

§ 7317(f) 

§ 7317. Hazardous research projects: indemnification of contractors 

* * * 

(f) In administering the provisions of this section, the Secretary 

may use the facilities and services of private insurance organizations and may contract to pay a reasonable compensation therefor. 

Any contract made under the provisions of this section may be 

made without regard to the provisions of [section 6101(b) to (d)] 

section 6101 of title 41, upon a showing by the Secretary that adVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00146 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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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 [section 6101(b) to (d)] section 6101 of title 41 and to do all things necessary to carry out such contracts or agreements, including the 

making of necessary adjustments and compromising of claims in 

connection therewith. 

§ 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 organization may be made without regard to the provisions of [section 

6101(b) to (d)] section 6101 of title 41. Notwithstanding section 

1302 of title 40, or any other provision of law, a lease made pursuant to this subsection to any public or nonprofit organization may 

provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part or all of the consideration for 

the lease. Prior to the execution of any such lease, the Secretary 

shall give appropriate public notice of the Secretary’s intention to 

do so in the newspaper of the community in which the lands or 

buildings to be leased are located. The proceeds from such leases, 

less expenses for maintenance, operation, and repair of buildings 

leased for living quarters, shall be covered into the Treasury of the 

United States as miscellaneous receipts. 

§ 8201(e) 

§ 8201. Coordination with public health programs; administration 

* * * 

(e) In carrying out the purposes of this chapter, the Secretary 

may lease to any eligible institution for such consideration and 

under such terms and conditions as the Secretary deems appropriate, such land, buildings, and structures (including equipment 

therein) under the control and jurisdiction of the Department as 

may be necessary. The three-year limitation on the term of a lease 

prescribed in section 8122(a) of this title shall not apply with respect to any lease entered into pursuant to this chapter, but no 

such lease may be for a period of more than 50 years. Any lease 

entered into pursuant to this chapter may be entered into without 

regard to the provisions of [section 6101(b) to (d)] section 6101 of 

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vision of law, a lease entered into pursuant to this chapter may 

provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part or all of the consideration of 

the lease. 

TITLE 40—PUBLIC BUILDINGS, 

PROPERTY, AND WORKS 

Public Law 111–350, § 5(l)(23) 

SEC. 5. CONFORMING CROSS-REFERENCES. 

* * * 

(l) TITLE 40.—Title 40, United States Code, is amended as follows: 

* * * 

(23) In section 8711(d), strike ‘‘section 3709 of the Revised 

[Statutes] Statues (41 U.S.C. 5)’’ and substitute ‘‘section 

6101(b) to (d) of title 41’’. 

§ The analysis for chapter 1 

CHAPTER 1—GENERAL 

* * * 

SUBCHAPTER II—SCOPE 

111. Application to [division C (except sections 3302, 3501(b), 3509, 3906, 4710, 

and 4711) of subtitle I] the provisions referred to in section 171(c) of 

title 41. 

§ 102 (matter before (1)) 

§ 102. Definitions 

The following definitions apply in chapters 1 through 7 of this 

title [and in division C (except sections 3302, 3501(b), 3509, 3906, 

4710, and 4711) of subtitle I of title 41]: 

§ 111. Application to [division C (except sections 3302, 

3501(b), 3509, 3906, 4710, and 4711) of subtitle I] the 

provisions referred to in section 171(c) of title 41 

In the following provisions, the words ‘‘this subtitle’’ are deemed 

to refer also to [division C (except sections 3302, 3501(b), 3509, 

3906, 4710, and 4711) of subtitle I] the provisions referred to in section 171(c) of title 41: 

§ 113(b) 

§ 113. Limitations 

* * * 

(b) LIMITATION REGARDING [Division B (Except Sections 1704 and 

2303) of Subtitle I] THE PROVISIONS REFERRED TO IN SECTION

172(b) of Title 41.—The authority conferred by this subtitle is subject to [division B (Except Sections 1704 and 2303) of subtitle I] the 

provisions referred to in section 172(b) of title 41. 


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§ 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 [division C (except sections 3302, 3501(b), 3509, 3906, 4710, 

and 4711) of subtitle I] the provisions referred to in section 171(c) 

of title 41. 

(b) TEMPORARY EMPLOYMENT.—The Administrator may procure 

the temporary or intermittent services of experts or consultants 

under section 3109 of title 5 to the extent the Administrator finds 

necessary to carry out chapters 1, 3, and 5 of this title and [division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) 

of subtitle I] the provisions referred to in section 171(c) of title 41. 

§ 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 

Administrator for Federal Procurement Policy under [division B (except sections 1704 and 2303) of subtitle I] the 

provisions referred to in section 172(b) of title 41. 

§ 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 General Services prescribes, subject to regulations prescribed by 

the Administrator for Federal Procurement Policy under [division B (except sections 1704 and 2303) of subtitle I] the provisions referred to in section 172(b) of title 41. 

* * * 

(3) [SECTION 6101(b) TO (d)] SECTION 6101 OF TITLE 41.—[Section 6101(b) to (d) of title 41] Section 6101 applies to a sale of 

property under subsection (a), except that fixed price sales may 

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ditions 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 adequate advance notice to affected executive agencies, the Administrator of General Services may undertake the following activities as necessary to carry out functions under this chapter: 

* * * 

(D) STANDARD PURCHASE SPECIFICATIONS AND STANDARD

FORMS AND PROCEDURES.—Prescribe standard purchase 

specifications and standard forms and procedures (except 

forms and procedures that the Comptroller General prescribes by law) subject to regulations the Administrator for 

Federal Procurement Policy prescribes under [division B 

(except sections 1704 and 2303) of subtitle I] the provisions 

referred to in section 172(b) of title 41. 

§ 545(f) 

§ 545. Procedure for disposal 

* * * 

(f) APPLICABILITY OF OTHER LAW.—[Section 6101(b)–(d)] Section 

6101 of title 41 does not apply to a disposal or contract for disposal 

made under this section. 

§ 1103 note (Services Acquisition Reform Act of 2003, division A, § 1427(b)) 

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

* * * 

(b) ARCHTECTURAL AND ENGINEERING SERVICES.—Architectural 

and engineering services (as defined in section 1102 of title 40, 

United States Code) shall not be offered under multiple-award 

schedule contracts entered into by the Administrator of General 

Services or under Governmentwide task and delivery order contracts entered into under sections 2304a and 2304b of title 10, 

United States Code, or [sections 303H and 303I of the Federal 

Property and Administrative Services Act of 1949 (41 U.S.C. 253h 

and 253i)] sections 4103 and 4105 of title 41, United States Code, 

unless such services— 

§ 1305 

§ 1305. Disposition of land acquired by devise 

The General Services Administration may take custody, for disposal as excess property under [this subtitle and division C (except 

sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of 


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title 41] chapter 5 of this title, of land acquired by the Federal Government by devise. 

§ 1308 

§ 1308. Disposition of unfit horses and mules 

Subject to applicable regulations under this subtitle and [division 

C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of 

subtitle I] the provisions referred to in section 171(c) of title 41, 

horses and mules belonging to the Federal Government that have 

become unfit for service may be destroyed or put out to pasture, either on pastures belonging to the Government or those belonging 

to financially sound and reputable humane organizations whose facilities permit them to care for the horses and mules during the remainder of their natural lives, at no cost to the Government. 

§ 3148 

§ 3148. Application of this subchapter to certain contracts 

This subchapter applies to a contract authorized by law that is 

made without regard to [section 6101(b) to (d) of title 41] section 

6101 of title 41, or on a cost-plus-a-fixed-fee basis or otherwise 

without advertising for proposals, if this subchapter otherwise 

would apply to the contract. 

§ 3304(d)(2) 

§ 3304. Acquisition of buildings and sites 

* * * 

(d) SOLICITATION OF PROPOSALS FOR SALE, DONATION, OR EXCHANGE OF REAL PROPERTY.—When the Administrator is to acquire 

a site under subsection (b), the Administrator, if the Administrator 

considers it necessary, by public advertisement may solicit proposals for the sale, donation, or exchange of real property to the 

Federal Government to be used as the site. In selecting a site 

under subsection (b) the Administrator (with the concurrence of the 

United States Postal Service if any part of the public building to 

be constructed on the site is to be used for post office purposes) 

may— 

* * * 

(2) acquire the site without regard to [division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I] 

the provisions referred to in section 171(c) of title 41. 

§ 3305(a) 

§ 3305. Construction and alteration of buildings 

(a) CONSTRUCTION.— 

(1) REPLACEMENT OF EXISTING BUILDINGS.—When the Administrator of General Services considers it to be in the best 

interest of the Federal Government to construct a new public 

building to take the place of an existing public building, the 

Administrator may demolish the existing building and use the 

site on which it is located for the site of the proposed public 


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building. If the Administrator believes that it is more advantageous to construct the public building on a different site in 

the same city, the Administrator may exchange the building 

and site, or the site, for another site, or may sell the building 

and site in accordance with [subtitle I of this title and division 

C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) 

of subtitle I of title 41] chapter 5 of this title. 

(2) SALE OR EXCHANGE OF SITES.—When the Administrator 

decides that a site acquired for the construction of a public 

building is not suitable for that purpose, the Administrator 

may exchange the site for another site, or may sell it in accordance with [subtitle I of this title and division C (except sections 

3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 

41] chapter 5 of this title. 

§ 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 [section 6101(b) to (d)] section 6101 of 

title 41, the services of established architectural or engineering corporations, firms, or individuals, to the extent the Administrator 

may require those services for any public building authorized to be 

constructed or altered under this chapter. 

§ 3313(g) 

§ 3313. Use of energy efficient lighting fixtures and bulbs 

* * * 

(g) APPLICABILITY OF [Buy American Act] CHAPTER 83 OF TITLE

41.—Acquisitions carried out pursuant to this section shall be subject to the requirements of [the Buy American Act (41 U.S.C. 10c 

et seq.)] chapter 83 of title 41. 

§ 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 [section 6101(b) to (d)] section 6101 of title 41— 


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§ 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 regard to [section 6101(b) to (d)] section 6101 of title 41 and section 

3109, chapters 33 and 51, and subchapter III of chapter 53, of title 

5, the Commission may employ, by contract or otherwise, the temporary or intermittent (not more than one year) services of city 

planners, architects, engineers, appraisers, and other experts or organizations of experts, as may be necessary to carry out its functions. The Commission shall fix the rate of compensation so as not 

to exceed the rate usual for similar services. 

§ 11302 note (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, section 1 [H.R. 5408], 

§ 813) 

SEC. 813. APPROPRIATE USE OF REQUIREMENTS REGARDING EXPERIENCE AND EDUCATION OF CONTRACTOR PERSONNEL IN THE PROCUREMENT OF INFORMATION TECHNOLOGY SERVICES. 

(a) AMENDMENT OF THE FEDERAL ACQUISITION REGULATION.—Not 

later than 180 days after the date of the enactment of this Act, the 

Federal Acquisition Regulation issued in accordance with [sections 

6 and 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 

405 and 421)] sections 1121 and 1303 of title 41, United States 

Code shall be amended to address the use, in the procurement of 

information technology services, of requirements regarding the experience and education of contractor personnel. 

* * * 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘executive agency’’ has the meaning given that 

term in [section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1))] section 133 of title 41, United States 

Code. 


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§ Subtitle V 

SUBTITLE V—REGIONAL ECONOMIC AND 

INFRASTRUCTURE DEVELOPMENT 

* * * 

CHAPTER [1] 151—GENERAL PROVISIONS 

* * * 

CHAPTER [2] 153—REGIONAL COMMISSIONS 

* * * 

CHAPTER [3] 155—FINANCIAL ASSISTANCE 

* * * 

CHAPTER [4] 157—ADMINISTRATIVE PROVISIONS 

TITLE 41—PUBLIC CONTRACTS 

Public Law 111–350, § 7(b) 

SEC. 7. REPEALS. 

* * * 

(b) REPEALER SCHEDULE.—The laws specified in the following 

schedule are repealed, except for rights and duties that matured, 

penalties that were incurred, and proceedings that were begun before the date of enactment of this Act. 


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Schedule of Laws Repealed 

Statutes at Large 

Date Chapter or Pub- lic Law Section 

Statutes at Large U.S. Code (title 41 unless otherwise 

specified) 

Volume Page Existing Proposed 

* * * 

1933 

Mar. 3 .......... 212 ...................... title III, § 1 .......................................................................... 47 1520 ........................ 10c 8301 

* * * 

.......................... title III, § 4 .......................................................................... ........ ................................. [10b–1] 10c note ........................

* * * 

1946 

Mar. 8 .......... 80 ........................ [1 ......................................................................................... 60 37 ............................ 51 ] 

* * 

[1954 

May 11 ......... 199 ...................... 1 ........................................................................................... 68 81 ............................ 321 ........................

.......................... 2 ........................................................................................... 68 81 ............................ 322 ] 

* * * 

1978 

* * * 

Nov. 1 ........... 95–563 ................ [1 .......................................................................................... 92 2383 ........................ 601 note ] 

* * * 

.......................... [16 ....................................................................................... 92 2391 ........................ 601 note ] 


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The analysis for chapter 1 

CHAPTER 1—DEFINITIONS 

* * * 

SUBCHAPTER III—DIVISION C DEFINITIONS 

* * * 

154. Additional definitions. 

SUBCHAPTER IV—REFERENCES TO PROVISIONS FORMERLY CONTAINED 

IN OTHER LAWS 

171. References to provisions formerly contained in the Federal Property and Administrative Services Act of 1949. 

172. References to provisions formerly contained in the Office of Federal Procurement Policy Act. 

§§ 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 provides a convenient form for references to provisions formerly contained in the Federal Property and Administrative Services Act of 

1949. 

(b) PROVISIONS FORMERLY CONTAINED IN FEDERAL PROPERTY AND

ADMINISTRATIVE SERVICES ACT OF 1949 (OTHER THAN TITLE III).— 

Provisions formerly contained in the Federal Property and Administrative Services Act of 1949 (other than title III) are restated in 

chapters 1 through 11 of title 40. 

(c) PROVISIONS FORMERLY CONTAINED IN TITLE III OF FEDERAL

PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949.—Provisions formerly contained in title III of the Federal Property and Administrative Services Act of 1949 are restated in the following provisions of this title: 

(1) Chapter 31. 

(2) Sections 3301, 3303 through 3305, 3306(a) through (e), 

3307(a) through (d), and 3308 through 3311. 

(3) Sections 3501(a) and 3502 through 3509. 

(4) Chapter 37. 

(5) Sections 3901 through 3903 and 3905. 

(6) Sections 4101, 4105, and 4106. 

(7) Chapter 43. 

(8) Chapter 45. 

(9) Sections 4701 through 4706 and 4709. 


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§ 172. References to provisions formerly contained in the Office of Federal Procurement Policy Act 

(a) TRANSLATION OF OBSOLETE REFERENCES.—This section provides a convenient form for references to provisions formerly contained in the Office of Federal Procurement Policy Act. 

(b) PROVISIONS FORMERLY CONTAINED IN OFFICE OF FEDERAL

PROCUREMENT POLICY ACT.—Provisions formerly contained in the 

Office of Federal Procurement Policy Act are restated in the following provisions of this title: 

(1) Sections 1101, 1102, 1121(a) through (c)(1) and (c)(3) 

through (f), 1122, 1124 through 1127, and 1130. 

(2) Chapter 13. 

(3) Chapter 15. 

(4) Sections 1701, 1702, 1703(a) through (h), (i)(2) through 

(8), and (k), 1705, and 1707 through 1712. 

(5) Sections 1901 through 1903, 1905 through 1907, and 

1908(b)(1) and (2), (c)(1) and (2), and (d) through (f). 

(6) Chapter 21. 

(7) Sections 2301, 2302, 2305 through 2310, and 2312. 

§ 1101 note (Department of Labor, Health and Human Services, and Education, and Related Agencies Appropriations 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, as referred to in [the Office of 

Federal Procurement Policy Act (41 U.S.C. 401 et seq.)] section 133 

of title 41, United States Code, pursuant to any obligation for services by contract, unless such executive agency has awarded and entered into such contract in full compliance with [such Act] the provisions referred to in section 172(b) of title 41, United States Code 

and regulations promulgated thereunder. 

§ 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 [section 6(d)(4)(A) of the Office of Federal 

Procurement Policy Act (41 U.S.C. 405(d)(4)(A))] section 

1122(a)(4)(A) of title 41, United States Code, shall be modified to 

collect data regarding bundling of contract requirements when the 

contracting officer anticipates that the resulting contract price, including all options, is expected to exceed $5,000,000. The data shall 

reflect a determination made by the contracting officer regarding 

whether a particular solicitation constitutes a contract bundling. 

§ 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 [section 6(d)(4)(A) of the Office of Federal 

Procurement Policy Act (41 U.S.C. 405(d)(4)(A))] section 


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1122(a)(4)(A) of title 41, United States Code, shall be modified to 

collect from contracts in excess of the simplified acquisition threshold data identifying the following matters: 

* * * 

(b) DEFINITION.—In this section, the term ‘‘simplified acquisition 

threshold’’ has the meaning given such term in [section 4(11) of the 

Office of Federal Procurement Policy Act (41 U.S.C. 403(11))] section 134 of title 41, United States Code. 

§ 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 section 306(l) of the Federal Property and Administrative Services 

Act of 1949 (41 U.S.C. 256(l))] section 4301(2) of title 41, 

United States Code. 

(2) The terms ‘‘compensation’’ and ‘‘senior executives’’ have 

the meanings given such terms in section 2324(l) of title 10, 

United States Code, and [section 306(m) of the Federal Property and Administrative Services Act of 1949] section 4301 of 

title 41, United States Code. 

§ 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 Services, the Secretary of Defense, and the Administrator of National Aeronautics and Space, pursuant to their respective authorities under division C of this subtitle, chapters 4 and 137 

of title 10, and [the National Aeronautics and Space Act of 

1958 (42 U.S.C. 2451 et seq.)] chapter 201 of title 51, shall 

jointly issue and maintain in accordance with subsection (d) a 

single Government-wide procurement regulation, to be known as 

the Federal Acquisition Regulation. 

§ 1502 note (National Defense Authorization Act of Fiscal 

Year 2000, § 802) 

SEC. 802. STREAMLINED APPLICABILITY OF COST ACCOUNTING STANDARDS. 

* * * 

(c) REGULATION ON TYPES OF CAS COVERAGE.—(1) The Administrator for Federal Procurement Policy shall revise the rules and 

procedures prescribed pursuant to [section 26(f) of the Office of 

Federal Procurement Policy Act (41 U.S.C. 422(f))] section 1502(a) 


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and (b) of title 41, United States Code, to the extent necessary to 

increase the thresholds established in section 9903.201–2 of title 48 

of the Code of Federal Regulations from $25,000,000 to 

$50,000,000. 

(2) Paragraph (1) requires only a change of the statement of a 

threshold condition in the regulation referred to by section number 

in that paragraph, and shall not be construed as— 

‘(A) a ratification or expression of approval of— 

* * * 

(ii) the manner in which [section 26 of the Office of Federal Procurement Policy Act] chapter 15 of title 41, United 

States Code, is administered through the regulation; or 

* * * 

(g) INAPPLICABILITY OF STANDARDS TO CERTAIN CONTRACTS.—The 

cost accounting standards issued pursuant to [section 26(f) of the 

Office of Federal Procurement Policy Act (41 U.S.C. 422(f)), as 

amended by this section] section 1502(a) and (b) of title 41, United 

States Code, as in effect on February 10, 1996, and amended by this 

section, shall not apply during fiscal year 2000 with respect to a 

contract entered into under the authority provided in chapter 89 of 

title 5, United States Code (relating to health benefits for Federal 

employees). 

(h) CONSTRUCTION REGARDING CERTAIN NOT-FOR-PROFIT ENTITIES.—The amendments made by subsections (a) and (b) shall not 

be construed as modifying or superseding, nor as intended to impair or restrict, the applicability of the cost accounting standards 

described in [section 26(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)) section 1502(a) and (b) of title 41, United 

States Code, to— 

* * * 

(i) EFFECTIVE DATE.—The amendments made by subsections (a) 

and (b) shall take effect 180 days after the date of enactment of 

this Act, and shall apply with respect to— 

* * * 

(2) determinations made on or after such effective date regarding whether a segment of a contractor or subcontractor is 

subject to the cost accounting standards under [section 26(f) of 

the Office of Federal Procurement Policy Act (41 U.S.C. 422(f))] 

section 1502(a) and (b) of title 41, United States Code, regardless of whether the contracts on which such determinations are 

made were entered into before, on, or after such date. 

§ 1703(i)(6) 

§ 1703. Acquisition workforce 

* * * 

(i) TRAINING FUND.— 


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* * * 

(6) AMOUNTS NOT TO BE USED FOR OTHER PURPOSES.—The 

Administrator of General Services, through the Office of Federal [Procurememt] Procurement Policy, shall ensure that 

amounts collected under this section are not used for a purpose 

other than the activities set forth in section 1201(a) of this 

title. 

§ 1703 note (National Defense Authorization Act for Fiscal 

Year 2006, § 821(c)) 

SEC. 821. PARTICIPATION BY DEPARTMENT OF DEFENSE IN ACQUISITION WORKFORCE TRAINING FUND. 

* * * 

(c) DEFENSE ACQUISITION UNIVERSITY FUNDING.—Amounts transferred under [section 37(h)(3)(D) of the Office of Federal Procurement Policy Act (as amended by subsection (a))] section 1703(i)(5) 

of title 41, United States Code, for use by the Defense Acquisition 

University shall be in addition to other amounts authorized for the 

University. 

§ 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, 

in consultation with appropriate officials in other departments and 

agencies of the Federal Government, shall, to the maximum extent 

consistent with applicable law— 

* * * 

(2) review the incentives and personnel actions available to 

the heads of departments and agencies of the Federal Government for encouraging excellence in the acquisition workforce of 

the Federal Government and provide an enhanced system of 

incentives for the encouragement of excellence in such workforce which— 

(A) relates pay to performance (including the extent to 

which the performance of personnel in such workforce contributes to achieving the cost goals, schedule goals, and 

performance goals established for acquisition programs 

pursuant to [section 313(b) of the Federal Property and 

Administrative Services Act of 1949, as added by subsection (a)] section 3103(b) of title 41, United States Code; 

and 

§ 1709 note (Federal Acquisition Streamlining Act of 1994, 

§ 6002(b)) 

SEC. 6002. CONTRACTING FUNCTIONS BY FEDERAL PERSONNEL. 


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* * * 

(b) REQUIREMENT FOR GUIDANCE AND REGULATIONS.—The Federal Acquisition Regulatory Council established by [section 25(a) of 

the Office of Federal Procurement Policy Act (41 U.S.C. 421(a))] 

section 1302(a) of title 41, United States Code, shall— 

§ 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 opportunities for achieving and accurately measuring fair participation of small business concerns in purchases in an amount not in 

excess of the micro-purchase threshold, as defined in [section 32 of 

the Office of Federal Procurement Policy Act (41 U.S.C. 428)] section 1902 of title 41, United States Code (in this section referred to 

as ‘‘micro-purchases’’), consistent with the national policy on small 

business participation in Federal procurements set forth in sections 

2(a) and 15(g) of the Small Business Act (15 U.S.C. 631(a) and 

644(g)), and dissemination of best practices for participation of 

small business concerns in micro-purchases. 

§ 2313 

§ 2313. Database for Federal agency contract and grant officers and suspension and debarment officials 

* * * 

(c) INFORMATION INCLUDED.—With respect to a covered person, 

the database shall include information (in the form of a brief description) for the most recent 5-year period regarding the following: 

(1) Each civil or criminal proceeding, or any administrative 

proceeding, in connection with the award or performance of a 

contract or grant with the Federal Government with respect to 

the person during the period to the extent that the proceeding 

results in the following dispositions: 

* * * 

(E) In an administrative proceeding, a final determination of contractor fault by the Secretary of Defense pursuant 

to section 823(d) of the National Defense Authorization Act 

for Fiscal Year 2010 (Public Law 111–84, 10 U.S.C. 2302 

note). 

* * * 

(e) USE OF DATABASE.— 

[(1) AVAILABILITY TO GOVERNMENT OFFICIALS.—The Administrator of General Services shall ensure that the information in 

the database is available to appropriate acquisition officials of 

Federal agencies, other government officials as the Administrator of General Services determines appropriate, and, on request, the Chairman and Ranking Member of the committees 

of Congress having jurisdiction.] 


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(1) AVAILABILITY.— 

(A) TO GOVERNMENT OFFICIALS.—The Administrator of 

General Services shall ensure that the information in the 

database is available to appropriate acquisition officials of 

Federal agencies, other government officials as the Administrator of General Services determines appropriate, and, 

on request, the Chairman and Ranking Member of the committees of Congress having jurisdiction. 

(B) TO THE PUBLIC.—The Administrator of General Services shall post the information in the database, excluding 

past performance reviews, on a publicly available website. 

The analysis for chapter 31 

CHAPTER 31—GENERAL 

Sec. 

* * * 

[3103. Acquisition programs.] Goals for major acquisition programs. 

§ 3103 

§ 3103. [Acquisition programs] Goals for major acquisition 

programs. 

note prec. 3901 (Federal Property and Administrative Services 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 entered into under this section in a subsequent fiscal year, the contract shall be canceled or terminated. The costs of cancellation or 

termination may be paid out of— 

* * * 

(3)(A) Subject to subparagraph (B), the head of an executive 

agency may enter into share-in-savings contracts under this section 

in any given fiscal year even if funds are not made specifically 

available for the full costs of cancellation or termination of the contract if funds are available and sufficient to make payments with 

respect to the first fiscal year of the contract and the following conditions are met regarding the funding of cancellation and termination liability: 

* * * 

(B) The aggregate number of share-in-savings contracts that may 

be entered into under subparagraph (A) by all executive agencies 

to which [this chapter] the provisions referred to in section 171(c) 

of title 41, United States Code apply in a fiscal year may not exceed 

5 in each of fiscal years 2003, 2004, and 2005. 


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§ 4304 note (Federal Acquisition Streamlining Act of 1994, 

§ 2192(b)(2)) 

SEC. 2192. REVISION OF COST PRINCIPLE RELATING TO 

ENTERTAINMENT, GIFT, AND RECREATION COST FOR 

CONTRACTOR EMPLOYEES. 

* * * 

(b) DEFINITIONS.—In this section: 

* * * 

(2) The term ‘‘covered contract’’ has the meaning given such 

term in section 2324(l) of title 10, United States Code (as 

amended by section 2101(c)), and [section 306(l) of the Federal 

Property and Administrative Services Act of 1949 (as added by 

section 2151)] section 4301(2) of title 41, United States Code. 

§ 6503(b) 

§ 6503. Breach or violation of required contract terms 

* * * 

(b) LIQUIDATED DAMAGES.—In addition to damages for any other 

breach of the contract, the party responsible for a breach or violation described in subsection (a) is liable to the Federal Government 

for the following liquidated damages: 

(1) An amount equal to the sum of $10 per day for each individual under 16 years of age [and each incarcerated] or each 

incarcerated individual knowingly employed in the performance of the contract. 

(2) An amount equal to the sum of [each underpayment] underpayments of wages due an employee engaged in the performance of the contract, including any underpayments arising 

from deductions, rebates, or refunds. 

§ 6504 

§ 6504. Three-year prohibition on new contracts in case of 

breach or violation 

(a) DISTRIBUTION OF LIST.—The Comptroller General shall distribute to [each agency] all agencies of the United States a list containing the names of persons or firms found by the Secretary to 

have breached or violated a representation or stipulation included 

in a contract under section 6502 of this title. 

(b) THREE-YEAR PROHIBITION.—Unless the Secretary recommends otherwise, a contract [described in section 6502 of this 

title] may not be awarded to a person named on the list under subsection (a), or to a firm, corporation, partnership, or association in 

which the person has a controlling interest, until 3 years have 

elapsed from the date of the determination by the Secretary that 

a breach or violation occurred. 


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§ 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 chapter. 

§ 6507 

§ 6507. Hearing authority and procedures 

* * * 

(b) AUTHORITY TO HOLD HEARINGS.—The Secretary or an impartial representative designated by the Secretary may hold hearings 

when there is a complaint of breach or violation of a representation 

or stipulation [included in a contract] included in a proposal or 

contract under section 6502 of this title. The Secretary may initiate 

hearings on the Secretary’s own motion or on the application of a 

person affected by the ruling of an agency of the United States relating to a proposal or contract under this chapter. 

* * * 

(d) ENFORCEMENT OF ORDERS.—If a person refuses or fails to 

obey an order issued under subsection (c), the Secretary or [an impartial] a representative designated by the Secretary may bring an 

action to enforce the order in a district court of the United States 

or in the district court of a territory or possession of the United 

States. A court has jurisdiction to enforce the order if the inquiry 

is being carried out within the court’s judicial district or if the person is found or resides or transacts business within the court’s judicial district. The court may issue an order requiring the person to 

obey the order issued under subsection (c), and the court may punish any further refusal or failure as contempt of court. 

§ 6508 

§ 6508. Authority to make exceptions 

(a) DUTY OF THE SECRETARY TO MAKE EXCEPTIONS.—When the 

head of [an agency] the contracting agency of the United States 

makes a written finding that the inclusion of representations or 

stipulations under section 6502 of this title in a proposal or contract will seriously impair the conduct of Federal Government business, the Secretary shall make exceptions, in specific cases or otherwise, when justice or the public interest will be served. 

(b) AUTHORITY OF THE SECRETARY TO MODIFY EXISTING CONTRACTS.—When [an agency] the contracting agency of the United 

States and a contractor jointly recommend, the Secretary may modify the terms of an existing contract with respect to minimum 

wages and maximum hours of labor as the Secretary finds necessary and proper in the public interest or to prevent injustice and 

undue hardship. 

(c) AUTHORITY OF THE SECRETARY TO ALLOW LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS.—The Secretary may proVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00164 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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vide reasonable limitations and may prescribe rules and regulations to allow reasonable variations, tolerances, and exemptions in 

the application of this chapter to contractors, including with respect to minimum wages and maximum hours of labor. 

§ 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 chapter applies to any contract or bid specification for a contract, 

whether negotiated or advertised, that— 

(1) is made by the Federal Government or the District of Columbia; and 

[(2) involves an amount exceeding $2,500; and] 

[(3)] (2) has as its principal purpose the furnishing of services in the United States through the use of service employees. 

§ 6703 

§ 6703. Required contract terms 

A contract, and bid specification for a contract, to which this 

chapter applies under section 6702 of this title and involves an 

amount exceeding $2,500 shall contain the following terms: 

(1) MINIMUM WAGE.—The contract and bid specification shall 

contain a provision specifying the minimum wage to be paid to 

[each class of service employee] the various classes of service 

employees engaged in the performance of the contract or any 

subcontract, as determined by the Secretary or the Secretary’s 

authorized representative, in accordance with prevailing rates 

in the locality, or, where a collective-bargaining agreement covers the service employees, in accordance with the rates provided for in the agreement, including prospective wage increases provided for in the agreement as a result of arm’s 

length negotiations. In any case the minimum wage may not 

be less than the minimum wage specified in section 6704 of 

this title. 

(2) FRINGE BENEFITS.—The contract and bid specification 

shall contain a provision specifying the fringe benefits to be 

provided to [each class of service employee] the various classes 

of service employees engaged in the performance of the contract 

or any subcontract, as determined by the Secretary or the Secretary’s authorized representative to be prevailing in the localVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00165 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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ity, or, where a collective-bargaining agreement covers the 

service employees, to be provided for under the agreement, including prospective fringe benefit increases provided for in the 

agreement as a result of arm’s-length negotiations. The fringe 

benefits shall include medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of 

the foregoing, unemployment benefits, life insurance, disability 

and sickness insurance, accident insurance, vacation and holiday pay, costs of apprenticeship or other similar programs and 

other bona fide fringe benefits not otherwise required by Federal, State, or local law to be provided by the contractor or subcontractor. The obligation under this paragraph may be discharged by furnishing any equivalent combinations of fringe 

benefits or by making equivalent or differential payments in 

cash under rules and regulations established by the Secretary. 

* * * 

(5) GENERAL SCHEDULE PAY RATES AND PREVAILING RATE SYSTEMS.—The contract and bid specification shall contain a statement of the rates that would be paid by the Federal agency to 

[each class of service employee] the various classes of service 

employees if section 5332 or 5341 of title 5 were applicable to 

them. The Secretary shall give due consideration to these rates 

in making the wage and fringe benefit determinations specified 

in this section. 

§ 6705 

§ 6705. Violations 

* * * 

(b) RECOVERY OF AMOUNTS UNDERPAID TO EMPLOYEES.— (1) WITHHOLDING ACCRUED PAYMENTS DUE ON CONTRACTS.— 

[The total amount] An amount determined under subsection 

(a) to be due any employee engaged in the performance of a 

contract may be withheld from accrued payments due on the 

contract or on any other contract between the same contractor 

and the Federal Government. The amount withheld shall be 

held in a deposit fund. On order of the Secretary, the compensation found by the Secretary or the head of a Federal 

agency to be due an underpaid employee pursuant to this chapter shall be paid from the deposit fund directly to the underpaid employee. 

(2) BRINGING ACTIONS AGAINST CONTRACTORS.—If the accrued 

payments withheld under the terms of the contract are insufficient to reimburse [a service employee] all service employees 

with respect to whom there has been a failure to pay the compensation required pursuant to this chapter, the Federal Government may bring action against the contractor, subcontractor, or any sureties in any court of competent jurisdiction 

to recover the remaining amount of underpayment. Any 

amount recovered shall be held in the deposit fund and shall 

be paid, on order of the Secretary, directly to the [underpaid 

employee] underpaid employees. Any amount not paid to an 


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employee because of inability to do so within 3 years shall be 

covered into the Treasury as miscellaneous receipts. 

* * * 

(d) ENFORCEMENT OF SECTION.—In accordance with rules and 

regulations prescribed pursuant to section 6707(a)–(d) of this title, 

the Secretary or the head of [a Federal agency] the Federal agency 

may carry out this section. 

§ 6706(b) 

§ 6706. Three-year prohibition on new contracts in case of 

violation 

* * * 

(b) THREE-YEAR PROHIBITION.—Unless the Secretary recommends otherwise because of unusual circumstances, a Federal 

Government contract may not be awarded to a person or firm 

named on the list under subsection (a), or to an entity in which the 

person or firm has a substantial interest, until 3 years have 

elapsed from the date of publication of the list. If the Secretary 

does not recommend otherwise because of unusual circumstances, 

the Secretary shall, not later than 90 days after [a hearing examiner] an administrative law judge has made a finding of a violation 

of this chapter, forward to the Comptroller General the name of the 

person or firm found to have violated this chapter. 

§ 6707 

§ 6707. Enforcement and administration of chapter 

(a) ENFORCEMENT OF CHAPTER.—Sections 6506 and [6507] 

6507(b) through (f) of this title govern the Secretary’s authority to 

enforce this chapter, including the Secretary’s authority to prescribe rules and regulations, issue orders, hold hearings, make decisions based on findings of fact, and take other appropriate action 

under this chapter. 

(b) LIMITATIONS AND REGULATIONS FOR VARIATIONS, TOLERANCES, 

AND EXEMPTIONS.—The Secretary may provide reasonable limitations and may prescribe rules and regulations allowing reasonable 

variation, tolerances, and exemptions with respect to this chapter 

(other than subsection (f)), but only in special circumstances where 

the Secretary determines that the limitation, variation, tolerance, 

or exemption is necessary and proper in the public interest or to 

avoid the serious impairment of Federal Government business, and 

is in accord with the remedial purpose of this chapter to protect 

prevailing labor standards. 

(c) PRESERVATION OF WAGES AND BENEFITS DUE UNDER PREDECESSOR CONTRACTS.— 

(1) IN GENERAL.—Under a contract which succeeds a contract 

subject to this chapter, and under which substantially the 

same services are furnished, a contractor or subcontractor may 

not pay a service employee less than [the wages and fringe 

benefits the service employee would have received under the 

predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits 


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provided for in a collective-bargaining agreement as a result of 

arm’s-length negotiations] the wages and fringe benefits provided for in a collective-bargaining agreement as a result of 

arm’s-length negotiations to which the service employees would 

have been entitled if they were employed under the predecessor 

contract, including accrued wages and fringe benefits and any 

prospective increases in wages and fringe benefits provided for 

in the collective-bargaining agreement. 

(2) EXCEPTION.—This subsection does not apply if the Secretary finds after a hearing in accordance with regulations 

adopted by the Secretary that wages and fringe benefits [under 

the predecessor contract] established under the predecessor contract through collective bargaining are substantially at variance with wages and fringe benefits prevailing in the same locality for services of a similar character. 

(d) DURATION OF CONTRACTS.—Subject to limitations in annual 

appropriation acts but notwithstanding any other law, a contract to 

which this chapter applies may, if authorized by the Secretary, be 

for any term of years not exceeding 5, if the contract provides for 

periodic adjustment of wages and fringe benefits pursuant to future 

determinations, issued in the manner prescribed in section 6703 of 

this title at least once every 2 years during the term of the contract, covering [each class of service employee] the various classes 

of service employees. 

* * * 

The analysis for subtitle III 

Subtitle III—Contract Disputes 

Chapter Sec. 

71. Contract Disputes ................................................................................... 7101 

73. Limitation on Judicial Review of Administrative Decisions ........ 7301 

§ 7105 

§ 7105. Agency boards 

* * * 

(b) CIVILIAN BOARD.— 

* * * 

(4) FUNCTIONS.— 

(A) IN GENERAL.—The Civilian Board has jurisdiction as 

provided by [subsection (e)(1)(B)] subparagraphs (B) and 

(D) of subsection (e)(1). 

* * * 

(D) CENTRAL INTELLIGENCE AGENCY CONTRACTS.—The 

Armed Services Board or the Civilian Board, as specified 

by a contracting officer of the Central Intelligence Agency 

as the agency board to which an appeal of a decision of 

that contracting officer relative to a contract made by the 


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Central Intelligence Agency may be made, has jurisdiction 

to decide that appeal. 

([D] E) POSTAL SERVICE BOARD.— 

chapter 73 

CHAPTER 73—LIMITATION ON JUDICIAL REVIEW OF 

ADMINISTRATIVE DECISIONS 

Sec. 

7301. Applicability. 

7302. In general. 

7303. Prohibition of contract provision relating to finality on a question of law. 

§ 7301. Applicability 

This chapter applies to public contracts not subject to chapter 71 

of this title. 

§ 7302. In general 

(a) LIMITATION ON PLEADING.—No provision of a contract the 

United States enters into that relates to the finality or conclusiveness of a decision by the head of an agency, a representative of the 

head of the agency, or a board in a dispute involving a question 

arising under the contract shall be pleaded in a civil action as limiting judicial review of the decision to cases where fraud by the official, representative, or board is alleged. 

(b) FINALITY AND CONCLUSIVENESS OF DECISION.—A decision referred to in subsection (a) is final and conclusive unless it is fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to 

imply bad faith or is not supported by substantial evidence. 

§ 7303. Prohibition of contract provision relating to finality 

on a question of law 

‘‘No Government contract may contain a provision making final 

on a question of law the decision of an administrative official, representative, or board. 

§ 8301 note (Energy and Water Development Appropriations 

Act, 1989, § 508(a)) 

SEC. 508. IMPLEMENATION OF BUY AMERICAN ACT 

WITH RESPECT TO CERTAIN WATER RESOURCE 

PROJECTS. 

SEC. 508. (a) GENERAL RULE.—For purposes of [title III of the 

Act of March 3, 1933 (47 Stat. 1520; 41 U.S.C. 10a–10c), commonly 

known as the Buy American Act] chapter 83 of title 41, United 

States Code, a cofferdam or any other temporary structure to be 

constructed by the Secretary of the Army, acting through the Chief 

of Engineers, shall be treated in the same manner as a permanent 

dam constructed by the Secretary of the Army. 

§ 8501 note (John Warner National Defense Authorization 

Act for Fiscal Year 2007, § 856(a)) 

SEC. 856. CONTRACTING WITH EMPLOYERS OF PERSONS 

WITH DISABILITIES. 

(a) INAPPLICABILITY OF CERTAIN LAWS.— 

(1) INAPPLICABILITY OF THE RANDOLPH-SHEPPARD ACT TO CONTRACTS AND SUBCONTRACTS FOR MILITARY DINING FACILITY SUPVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00169 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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PORT SERVICES COVERED BY [JAVITS-WAGNER-O’DAY ACT] CHAPTER 85 OF TITLE 41, UNITED STATES CODE.—The RandolphSheppard Act (20 U.S.C. 107 et seq.) does not apply to full food 

services, mess attendant services, or services supporting the 

operation of a military dining facility that, as of the date of the 

enactment of this Act, were services on the procurement list 

established under [section 2 of the Javits-Wagner-O’Day Act 

(41 U.S.C. 47)] section 8503 of title 41, United States Code. 

(2) INAPPLICABILITY OF THE [JAVITS-WAGNER-O’DAY ACT] 

CHAPTER 85 OF TITLE 41, UNITED STATES CODE TO CONTRACTS

FOR THE OPERATION OF A MILITARY DINING FACILITY.—(A) [The 

Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)] Chapter 85 of 

title 41, United States Code, does not apply at the prime contract level to any contract entered into by the Department of 

Defense as of the date of the enactment of this Act with a 

State licensing agency under the Randolph-Sheppard Act (20 

U.S.C. 107 et seq.) for the operation of a military dining facility. 

(B) [The Javits-Wagner-O’Day Act] Chapter 85 of title 41, 

United States Code, shall apply to any subcontract entered into 

by a Department of Defense contractor for full food services, 

mess attendant services, and other services supporting the operation of a military dining facility. 

§ 8501 note (National Defense Authorization Act for Fiscal 

Year 2006, § 848(b)) 

SEC. 848. STATEMENT OF POLICY AND REPORT RELATING TO CONTRACTING WITH EMPLOYERS OF PERSONS 

WITH DISABILITIES. 

(b) STATEMENT OF POLICY.—The Secretary of Defense, the Secretary of Education, and the Chairman of the Committee for Purchase From People Who Are Blind or Severely Disabled shall jointly issue a statement of policy related to the implementation of the 

Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and [the JavitsWagner-O’Day Act (41 U.S.C. 48)] chapter 85 of title 41, United 

States Code, within the Department of Defense and the Department of Education. The joint statement of policy shall specifically 

address the application of [those Acts] the Randolph-Sheppard Act 

and chapter 85 of title 41, United States Code, to both operation 

and management of all or any part of a military mess hall, military 

troop dining facility, or any similar dining facility operated for the 

purpose of providing meals to members of the Armed Forces, and 

shall take into account and address, to the extent practicable, the 

positions acceptable to persons representing programs implemented 

under [each Act] the Randolph-Sheppard Act or chapter 85 of title 

41, United States Code. 

TITLE 42—THE PUBLIC HEALTH AND 

WELFARE 

§ 238m(b)(1) (Public Health Service Act, § 244(b)(1)) 

SEC. 244. (a) The Secretary may enter into contracts with fiscal 

agents— 


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* * * 

(b)(1) Contracts under subsection (a) of this section may be entered into without regard to [section 3709 of the Revised Statutes 

(41 U.S.C. 5)] section 6101 of title 41, United States Code, or any 

other provision of law requiring competition. 

§ 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 purpose of improving the effectiveness, efficiency, and quality of health 

services in the United States. 

* * * 

(f) To assist in carrying out this section, the Secretary, acting 

through the Center, shall cooperate and consult with the Departments of Commerce and Labor and any other interested Federal 

departments or agencies and with State and local health departments and agencies. For such purpose he shall utilize insofar as 

possible the services or facilities of any agency of the Federal Government and, without regard to [section 3709 of the Revised Statutes (41 U.S.C. 5)] section 6101 of title 41, United States Code, of 

any appropriate State or other public agency, and may, without regard to such section, utilize the services or facilities of any private 

agency, organization, group, or individual, in accordance with written agreements between the head of such agency, organization, or 

group and the Secretary or between such individual and the Secretary. Payment, if any, for such services or facilities shall be made 

in such amounts as may be provided in such agreement. 

§ 242m(f) (Public Health Service Act, § 308(f)) 

SEC. 308. (a)(1) Not later than March 15 of each year, the Secretary shall submit to the President and Congress the following reports: 

* * * 

(f) Contracts without regard to section 3324 of title 31 and [section 3709 of the Revised Statutes (41 U.S.C. 5)] section 6101 of title 

41, United States Code. 

§ 247d–6a(b) (Public Health Service Act, § 319F–1(b)) 

SEC. 319F–1. AUTHORITY FOR USE OF CERTAIN PROCEDURES REGARDING QUALIFIED COUNTERMEASURE RESEARCH AND DEVELOPMENT ACTIVITIES. 

* * * 

(b) EXPEDITED PROCUREMENT AUTHORITY.— 

(1) INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR

QUALIFIED COUNTERMEASURE PROCUREMENTS.— 


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(A) IN GENERAL.—For any procurement by the Secretary 

of property or services for use (as determined by the Secretary) in performing, administering, or supporting qualified countermeasure research or development activities 

under this section that the Secretary determines necessary 

to respond to pressing research and development needs 

under this section, the amount specified in [section 4(11) 

of the Office of Federal Procurement Policy Act (41 U.S.C. 

403(11))] section 134 of title 41, United States Code, as applicable pursuant to [section 302A of the Federal Property 

and Administrative Services Act of 1949 (41 U.S.C. 

252a(a))] section 3101(b)(1)(A) of title 41, United States 

Code, shall be deemed to be $25,000,000 in the administration, with respect to such procurement, of— 

(i) [section 303(g)(1)(A) of the Federal Property and 

Administrative Services Act of 1949 (41 U.S.C. 

253(g)(1)(A))] section 3305(a)(1) of title 41, United 

States Code, and its implementing regulations; and 

(ii) [section 302A of such Act (41 U.S.C. 252a(b))] 

section 3101(b)(1)(B) of title 41, United States Code, 

and its implementing regulations. 

(B) APPLICATION OF CERTAIN PROVISIONS.—Notwithstanding subparagraph (A) and the provision of law and 

regulations referred to in such subparagraph, each of the 

following provisions shall apply to procurements described 

in this paragraph to the same extent that such provisions 

would apply to such procurements in the absence of subparagraph (A): 

* * * 

(ii) [Subsections (a) and (b) of section 7 of the AntiKickback Act of 1986 (41 U.S.C. 57(a) and (b))] Section 

8703(a) of title 41, United States Code. 

(iii) [Section 304C of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254d)] 

Section 4706 of title 41, United States Code (relating 

to the examination of contractor records). 

* * * 

(v) [Subsection (a) of section 304 of the Federal 

Proprety and Administrative Services Act of 1949 (41 

U.S.C. 254(a)) Section 3901 of title 41, United States 

Code (relating to contingent fees to middlemen). 

* * * 

(2) PROCEDURES OTHER THAN FULL AND OPEN COMPETITION.— 

(A) IN GENERAL.—In using the authority provided in 

[section 303(c)(1) of title III of the Federal Proeperty and 

Administrative Services Act of 1949 (41 U.S.C. 253(c)(1))] 

section 3304(a)(1) of title 41, United States Code, to use 

procedures other than competitive procedures in the case 

of a procurement described in paragraph (1) of this subsection, the phrase ‘‘available from only one responsible 

source’’ in [such section 303(c)(1)] such section 3304(a)(1) 


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shall be deemed to mean ‘‘available from only one responsible source or only from a limited number of responsible 

sources’’. 

* * * 

(C) APPLICABLE GOVERNMENT-WIDE REGULATIONS.—The 

Secretary shall implement this paragraph in accordance 

with government-wide regulations implementing [such section 303(c)(1)] such section 3304(a)(1) (including requirements that offers be solicited from as many potential 

sources as is practicable under the circumstances, that required notices be published, and that submitted offers be 

considered), as such regulations apply to procurements for 

which an agency has authority to use procedures other 

than competitive procedures when the property or services 

needed by the agency are available from only one responsible source or only from a limited number of responsible 

sources and no other type of property or services will satisfy the needs of the agency. 

(3) INCREASED MICROPURCHASE THRESHOLD.— (A) IN GENERAL.–For a procurement described by paragraph (1), the amount specified in [subsections (c), (d), and 

(f) of section 32 of the Office of Federal Procurement Policy 

Act (41 U.S.C. 428)] section 1902(a), (d), and (e) of title 41, 

United States Code, shall be deemed to be $15,000 in the 

administration of that section with respect to such procurement. 

§ 247d–6b(c)(7)(C) (Public Health Service Act, § 319F– 

2(c)(7)(C)) 

SEC. 319F–2. STRATEGIC NATIONAL STOCKPILE AND SECURITY COUNTERMEASURE PROCUREMENTS. 

* * * 

(c) ADDITIONAL AUTHORITY REGARDING PROCUREMENT OF CER- TAIN COUNTERMEASURES; AVAILABILITY OF SPECIAL RESERVE

FUND.— 

* * * 

(7) PROCUREMENT.— 

* * * 

(C) PROCUMENT.— 

* * * 

(ii) CONTRACT TERMS.—A contract for procurements 

under this subsection shall (or, as specified below, 

may) include the following terms: 

* * * 

(VII) SALES EXCLUSIVITY.—The contract may 

provide that the vendor is the exclusive supplier 

of the product to the Federal Government for a 


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specified period of time, not to exceed the term of 

the contract, on the condition that the vendor is 

able to satisfy the needs of the Government. During the agreed period of sales exclusivity, the vendor shall not assign its rights of sales exclusivity 

to another entity or entities without approval by 

the Secretary. Such a sales exclusivity provision 

in such a contract shall constitute a valid basis for 

a sole source procurement under [section 303(c)(1) 

of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 25(c)(1))] section 

3304(a)(1) of title 41, United States Code. 

* * * 

(iii) AVAILABILITY OF SIMPLIFIED ACQUISITION PROCEDURES.— 

(I) IN GENERAL.—If the Secretary determines 

that there is a pressing need for a procurement of 

a specific countermeasure, the amount of the procurement under this subsection shall be deemed 

to be below the threshold amount specified in [section 4(11) of the Office of Federal Procurement 

Policy Act (41 U.S.C. 403(11))] section 134 of title 

41, United States Code, for purposes of application 

to such procurement, pursuant to [section 302A(a) 

of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252a(a))] section 

3101(b)(1)(A) of title 41, United States Code of— 

(aa) [section 303(g)(1)(A) of the Federal 

Property and Administrative Services Act of 

1949 (41 U.S.C. 253(g)(1)(A))] section 

3305(a)(1) of title 41, United States Code, and 

its implementing regulations; and 

(bb) [section 302A(b) of such Act (41 U.S.C. 

252a(b)) section 3101(b)(1)(B) of such title and 

its implementing regulations. 

(II) APPLICATION OF CERTAIN PROVISIONS.—Notwithstanding subclause (I) and the provision of 

law and regulations referred to in such clause, 

each of the following provisions shall apply to procurements described in this clause to the same extent that such provisions would apply to such procurements in the absence of subclause (I): 

* * * 

(bb) [Subsections (a) and (b) of section 7 of 

the Anti-Kickback Act of 1986 (41 U.S.C. 

57(a) and (b))] Section 8703(a) of title 41, 

United States Code. 

(cc) [Section 304C of the Federal Property 

and Administrative Services Act of 1949 (41 

U.S.C. 254d)] Section 4706 of title 41, United 

States Code (relating to the examination of 

contractor records). 


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* * * 

(ee) [Subsection (a) of section 304 of the 

Federal Property and Administrative Services 

Act of 1949 (41 U.S.C. 254(a))] Section 3901 of 

title 41, United States Code (relating to contingent fees to middlemen). 

* * * 

(iv) PROCEDURES OTHER THAN FULL AND OPEN COMPETITION.— 

(I) IN GENERAL.—In using the authority provided in [section 303(c)(1) of the Federal Property 

and Administrative Services Act of 1949 (41 

U.S.C. 253(c)(1)) section 3304(a)(1) of title 41, 

United States Code, to use procedures other than 

competitive procedures in the case of a procurement under this subsection, the phrase ‘‘available 

from only one responsible source’’ in [such section 

303(c)(1)] such section 3304(a)(1) shall be deemed 

to mean ‘‘available from only one responsible 

source or only from a limited number of responsible sources’’. 

* * * 

(III) APPLICABLE GOVERNMENT-WIDE REGULATIONS.—The Secretary shall implement this clause 

in accordance with government-wide regulations 

implementing [such section 303(c)(1)] such section 

3304(a)(1) (including requirements that offers be 

solicited from as many potential sources as is 

practicable under the circumstances, that required 

notices be published, and that submitted offers be 

considered), as such regulations apply to procurements for which an agency has authority to use 

procedures other than competitive procedures 

when the property or services needed by the agency are available from only one responsible source 

or only from a limited number of responsible 

sources and no other type of property or services 

will satisfy the needs of the agency. 

* * * 

(vii) LIMITING COMPETITION TO SOURCES RESPONDING

TO REQUEST FOR INFORMATION.—In conducting a procurement under this subsection, the Secretary may exclude a source that has not responded to a request for 

information under [section 303A(a)(1)(B) of the Federal Property and Administrative Services Act of 1949 

(41 U.S.C. 253a(a)(1)(B))] section 3306(a)(1)(B) of title 

41, United States Code, if such request has given notice that the Secretary may so exclude such a source. 


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§ 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 AUTHORITY.— 

* * * 

(5) TRANSACTION AUTHORITIES.— 

(A) OTHER TRANSACTIONS.— 

* * * 

(ii) LIMITATIONS ON AUTHORITY.— 

* * * 

(II) WRITTEN DETERMINATIONS REQUIRED.—The 

authority of this subparagraph may be exercised 

for a project that is expected to cost the Department of Health and Human Services in excess of 

$20,000,000 only upon a written determination by 

the senior procurement executive for the Department (as designated for purpose of [section 16(c) 

of the Office of Federal Procurement Policy Act 

(41 U.S.C. 414(c))] section 1702(c) of title 41, 

United States Code), that the use of such authority is essential to promoting the success of the 

project. The authority of the senior procurement 

executive under this subclause may not be delegated. 

* * * 

(C) ADVANCE PAYMENTS; ADVERTISING.—The Secretary 

may waive the requirements of section 3324(a) of title 31, 

United States Code, or [section 3709 of the Revised 

Stattutes of the United States (41 U.S.C. 5)] section 6101 

of title 41, United States Code, upon the determination by 

the Secretary that such waiver is necessary to obtain countermeasures or products under this section. 

* * * 

(F) ESTABLISHMENT OF RESEARCH CENTERS.—The Secretary may assess the feasibility and appropriateness of 

establishing, through contract, grant, cooperative agreement, or other transaction, an arrangement with an existing research center in order to achieve the goals of this 

section. If such an agreement is not feasible and appropriate, the Secretary may establish one or more federallyfunded research and development centers, or university-affiliated research centers, in accordance with [section 

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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 appropriate means, to cancer patients and their families, physicians 

and other health professionals, and the general public, information 

on cancer research, diagnosis, prevention, and treatment (including 

information respecting nutrition programs for cancer patients and 

the relationship between nutrition and cancer). The Director of the 

Institute may take such action as may be necessary to insure that 

all channels for the dissemination and exchange of scientific knowledge and information are maintained between the Institute and the 

public and between the Institute and other scientific, medical, and 

biomedical disciplines and organizations nationally and internationally. 

* * * 

(b) The Director of the Institute in carrying out the National 

Cancer Program— 

* * * 

(8) may, subject to section 284(b)(2) of this title and without 

regard to section 3324 of title 31, United States Code, and [section 3709 of the Revised Statutes (41 U.S.C. 5)] section 6101 

of title 41, United States Code, enter into such contracts, 

leases, cooperative agreements, as may be necessary in the 

conduct of functions of the Director, with any public agency, or 

with any person, firm, association, corporation, or educational 

institution; and 

§ 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 [section 3709 of the 

Revsied Statutes (41 U.S.C. 5)] section 6101 of title 41, United 

States Code, may enter into such contracts, leases, cooperative 

agreements, or other transactions, as may be necessary in the 

conduct of the Director’s functions, with any public agency, or 

with any person, firm, association, corporation, or educational 

institutions; 


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§ 285n(b)(9) (Public Health Service Act, § 464H(b)(9)) 

SEC. 464H. (a) IN GENERAL.—The general purpose of the National Institute on Alcohol Abuse and Alcoholism (hereafter in this 

subpart referred to as the ‘‘Institute’’) is the conduct and support 

of biomedical and behavioral research, health services research, research training, and health information dissemination with respect 

to the prevention of alcohol abuse and the treatment of alcoholism. 

(b) RESEARCH PROGRAM.— 

* * * 

(9) enter into contracts under this title without regard to 

[sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 

529; 41 U.S.C. 5] section 3324(a) and (b) of title 31, United 

States Code, and section 6101 of title 41, United States Code; 

and 

§ 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 Administration, or the Director of the Centers for Disease Control and Prevention, that a disease or disorder constitutes a public health emergency, the Secretary, acting through the Director of NIH— 

* * * 

(2) shall exercise the authority in [section 3709 of the Revised Statutes (41 U.S.C. 5)] section 6101 of title 41, United 

States Code, respecting public exigencies to waive the advertising requirements of such section in the case of proposals for 

contracts for such research; 

§ 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 [section 3709 of the Revised Statutes (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 Administrator, shall require appropriate peer review of grants, cooperative agreements, and contracts to be administered through the 

agency which exceed the simple acquisition threshold as defined in 

[section 4(11) of the Office of Federal Procurement Policy Act] section 134 of title 41, United States Code. 

* * * 

(c) ADVISORY COUNCIL REVIEW.—If the direct cost of a grant or 

cooperative agreement (described in subsection (a) of this section) 


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exceeds the simple acquisition threshold as defined by [section 

4(11) of the Office of Federal Procurement Policy Act] section 134 

of title 41, United States Code, the Secretary may make such a 

grant or cooperative agreement only if such grant or cooperative 

agreement is recommended— 

§ 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 Commission, the Commission may— 

* * * 

(3) enter into contracts or make other arrangements, as may 

be necessary for the conduct of the work of the Commission 

(without regard to [section 3709 of the Revised Statutes (41 

U.S.C. 5)] section 6101 of title 41, United States Code); 

§ 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 without regard to [sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 

529 and 41 U.S.C. 5)] section 3324(a) and (b) of title 31, United 

States Code, and section 6101 of title 41, United States Code. 

§ 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 centers to separate and make available for distribution blood components to providers of blood services and manufacturers of blood 

fractions. For purposes of this section— 

* * * 

(d) Contracts may be entered into under subsection (a) of this 

section without regard to [sections 3648 and 3709 of the Revised 

Statutes (31 U.S.C. 529; 41 U.S.C. 5)] section 3324(a) and (b) of 

title 31, United States Code, and section 6101 of title 41, United 

States Code. 

§ 300u(c) (Public Health Service Act, § 1701(c)) 

SEC. 1701. (a) The Secretary shall— 


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* * * 

(c) No grant may be made or contract entered into under this 

subchapter unless an application therefor has been submitted to 

and approved by the Secretary. Such an application shall be submitted in such form and manner and contain such information as 

the Secretary may prescribe. Contracts may be entered into under 

this subchapter without regard to [sections 3648 and 3709 of the 

Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)] section 3324(a) and 

(b) of title 31, United States Code, and section 6101 of title 41, 

United States Code. 

§ 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 [section 3709 of the 

Revised Statutes (41 U.S.C. 5)] section 6101 of title 41, United 

States Code, may enter into such contracts and cooperative 

agreements with any public agency, or with any person, firm, 

association, corporation, or educational institution, as may be 

necessary to expedite and coordinate research relating to acquired immune deficiency syndrome. 

§ 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 assure the efficient administration of the Commission, the Commission may— 

* * * 

(3) enter into contracts or make other arrangements, as may 

be necessary for the conduct of the work of the Commission 

(without regard to [section 3709 of the Revised Statutes (41 

U.S.C. 5)] section 6101 of title 41, United States Code); 

§ 1395w–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.— 


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* * * 

(B) ACCEPTANCE OF BIDS.— 

* * * 

(iii) COMPETITIVE PROCEDURES.—Competitive procedures (as defined in [section 4(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(5)) section 

132 of title 41, United States Code) shall be used to 

enter into a contract under this subsection. The provisions of subsection (d) of section 1874A shall apply to 

a contract under this section in the same manner as 

they apply to a contract under such section. 

§ 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 Secretary may enter or renew a contract under this subsection 

with an entity described in paragraph (3)(A) without regard to the requirements of [section 5] section 6101 of title 

41, United States Code. 

§ 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 

[section 5] section 6101 of title 41 or any other provision 

of law requiring competition, if the medicare administrative contractor has met or exceeded the performance requirements applicable with respect to the contract and 

contractor, except that the Secretary shall provide for the 

application of competitive procedures under such a contract not less frequently than once every 5 years. 

§ 1395aaa(a)(4) (Social Security Act, § 1890(a)(4)) 

SEC. 1890. (a) CONTRACT.— 


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* * * 

(4) COMPETITIVE PROCEDURES.—Competitive procedures (as 

defined in [section 4(5) of the Office of Federal Procurment Policy Act (41 U.S.C. 403(5))] section 132 of title 41, United States 

Code) shall be used to enter into a contract under paragraph 

(1). 

§ 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 section referred to as ‘‘MACPAC’’). 

* * * 

(d) DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.—Subject 

to such review as the Comptroller General of the United States 

deems necessary to assure the efficient administration of MACPAC, 

MACPAC may— 

* * * 

(3) enter into contracts or make other arrangements, as may 

be necessary for the conduct of the work of MACPAC (without 

regard to [section 3709 of the Revised Statutes (41 U.S.C. 5)] 

section 6101 of title 41, United States Code); 

§ 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 personnel standards on a merit basis, except that the Secretary 

shall exercise no authority with respect to the selection, tenure 

of office, and compensation of any individual employed in accordance with such methods, and including provision for utilization of professional medical personnel in the administration 

and, where administered locally, supervision of administration 

of the plan) as are found by the Secretary to be necessary for 

the proper and efficient operation of the plan, (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of 

recipients and other persons of low income, as community service aides, in the administration of the plan and for the use of 

nonpaid or partially paid volunteers in a social service volunteer program in providing services to applicants and recipients 

and in assisting any advisory committees established by the 

State agency, (C) that each State or local officer, employee, or 

independent contractor who is responsible for the expenditure 

of substantial amounts of funds under the State plan, each individual who formerly was such an officer, employee, or contractor, and each partner of such an officer, employee, or contractor shall be prohibited from committing any act, in relation 

to any activity under the plan, the commission of which, in 

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ernment, by an officer or employee of the United States Government, an individual who was such an officer or employee, 

or a partner of such an officer or employee is prohibited by section 207 or 208 of title 18, and (D) that each State or local officer, employee, or independent contractor who is responsible for 

selecting, awarding, or otherwise obtaining items and services 

under the State plan shall be subject to safeguards against 

conflicts of interest that are at least as stringent as the safeguards that apply under [section 27 of the Office of Federal 

Procurement Policy Act (41 U.S.C. 423)] chapter 21 of title 41, 

United States Code, to persons described in [subsection (a)(2) 

of such section of that Act] section 2102(a)(3) of such title; 

§ 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 safeguards with respect to officers and employees of the State with 

responsibilities relating to contracts with such organizations or 

to the default enrollment process described in subsection 

(a)(4)(C)(ii) of this section that are at least as effective as the 

Federal safeguards provided under [section 27 of the Office of 

Federal Procurement Policy Act (41 U.S.C. 423)] chapter 21 of 

title 41, United States Code, against conflicts of interest that 

apply with respect to Federal procurement officials with comparable responsibilities with respect to such contracts. 

§ 1480(a) (Housing Act of 1949, § 510(a)) 

SEC. 510. In carrying out the provisions of this title, the Secretary shall have the power to— 

(a) make contracts for services and supplies without regard 

to the provisions of [section 3709 of the Revised Statutes, as 

amended] section 6101 of title 41, United States Code, when 

the aggregate amount involved is less than $300; 

§ 1592a(b) (Defense Housing and Community Facilities and 

Services Act of 1951, § 302(b)) 

SEC. 302. (a) Consistent with other requirements of national defense, any permanent housing constructed pursuant to the authority of this title shall consist of one- to four-family dwelling structures (including row houses) so arranged that they may be offered 

for separate sale. All housing of permanent construction which is 

constructed or acquired under the authority of this title shall be 

sold as expeditiously as possible and in the public interest taking 

into consideration the continuation of the need for such housing by 

persons engaged in national defense activities. All dwelling structures of permanent construction designed for occupancy by not 


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more than four families (including row houses) shall be offered for 

sale, and preference in the purchase of any such dwelling structure 

shall be granted to occupants and to veterans over other prospective purchasers. As among veterans, preference in the purchase of 

any such dwelling structure shall be given to disabled veterans 

whose disability has been determined by the Secretary of Veterans 

Affairs to be service-connected. All dwelling structures of permanent construction in any housing project which are designed for occupancy by more than four families (and other structures in such 

project which are not sold separately) shall be sold as an entity. On 

such sales first preference shall be given for such period not less 

than ninety days nor more than six months from the date of the 

initial offering of such project as the Administrator may determine, 

to groups of veterans organized on a mutual ownership or cooperative basis (provided that any such group shall accept as a member 

of its organization, on the same terms, subject to the same conditions, and with the same privileges and responsibilities, required 

of, and extended to, other members of the group any tenant occupying a dwelling unit in such project, at any time during such period as the Administrator shall deem appropriate, starting on the 

date of the announcement by the Administrator of the availability 

of such project). The Administrator shall provide an equitable 

method of selecting the purchasers when preferred purchasers (or 

groups of preferred purchasers) in the same preference class or containing members in the same preference class compete with each 

other. Sales pursuant to this section shall be for cash or credit, 

upon such terms as the Administrator shall determine, and at the 

fair value of the property as determined by him: Provided, That full 

payment to the Government for the property sold shall be required 

within a period of not exceeding twenty-five years with interest on 

unpaid balances at not less than 4 per centum per annum. 

(b) Where it is necessary to provide housing under this title in 

locations where, in the determination of the Secretary of Housing 

and Urban Development, there appears to be no need for such 

housing beyond the period during which it is needed for housing 

persons engaged in national defense activities, the provisions of 

section 102 hereof shall not be applicable and temporary housing 

which is of a mobile or portable character or which is otherwise 

constructed so as to be available for reuse at other locations or existing housing built or acquired by the United States under authority of any other law shall be provided. Any temporary housing constructed or acquired under this title which the Secretary of Housing and Urban Development determines to be no longer needed for 

use under this title shall, unless transferred to the Department of 

Defense pursuant to section 306 hereof, or reported as excess to the 

Administrator of the General Services Administration pursuant to 

[the Federal Property and Administrative Services Act of 1949, as 

amended] chapter 5 of title 40, United States Code, be sold as soon 

as practicable to the highest responsible bidder after public advertising, except that if one or more of such bidders is a veteran purchasing a dwelling unit for his own occupancy the sale of such unit 

shall be made to the highest responsible bidder who is a veteran 

so purchasing: Provided, That the Secretary of Housing and Urban 

Development may reject any bid for less than two-thirds of the appraised value as determined by him: Provided further, That the 


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housing may be sold at fair value (as determined by the Secretary 

of Housing and Urban Development) to a public body for public 

use: And provided further, That the housing structures shall be 

sold for removal from the site, except that they may be sold for use 

on the site if the governing body of the locality has adopted a resolution approving use of such structures on the site. 

§ 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 Development is authorized by contract or otherwise (without regard to 

[section 3709 of the Revised Statutes, as amended, section 322 of 

the Act of June 30, 1932 (47 Stat. 412), as amended, the Federal 

Property and Administrative Services Act of 1949m, as amended] 

the provisions referred to in section 171(b) and (c), and section 6101, 

of title 41, United States Code, and prior to the approval of the Attorney General) * * * 

§ 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 [section 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 enactment of this Act, the Federal Acquisition Regulation issued in accordance with [section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421)] section 1303 of title 41, United States Code, shall be revised to provide that all contracts above $25,000 for the 

provision, service, or sale of food in the United States, or for the 

lease or rental of Federal property to a private entity for events at 

which food is provided in the United States, shall include a clause 

that— 

§ 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 scientific or engineering activities as the 

Foundation deems necessary to carry out the purposes of this 

Act, and, at the request of the Secretary of State or Secretary 


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of Defense, specific scientific or engineering activities in connection with matters relating to international cooperation or 

national security, and, when deemed appropriate by the Foundation, such contracts or other arrangements, or modifications 

thereof may be entered into without legal consideration, without performance or other bonds, and without regard to [section 

3709 of the Revised Statutes] section 6101 of title 41, United 

States Code; 

§ 2051(c) (Atomic Energy Act of 1954, § 31 c) 

SEC. 31. (a) RESEARCH ASSISTANCE.— 

* * * 

c. The Commission may (1) make arrangements pursuant to this 

section, without regard to the provisions of [section 3709 of the Revised Statutes, as amended] section 6101 of title 41, United States 

Code, upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon 

a showing by the Commission that advertising is not reasonably 

practicable; (2) make partial and advance payments under such arrangements; and (3) make available for use in connection therewith 

such of its equipment and facilities as it may deem desirable. 

§ 2061(b) (Atomic Energy Act of 1954, § 41 b) 

SEC. 41. OWNERSHIP AND OPERATION OF PRODUCTION FACILITIES.— 

* * * 

b. OPERATION OF THE COMMISSION’S PRODUCTION FACILITIES.—The Commission is authorized and directed to produce 

or to provide for the production of special nuclear material in 

its own production facilities. To the extent deemed necessary, 

the Commission is authorized to make, or to continue in effect, 

contracts with persons obligating them to produce special nuclear material in facilities owned by the Commission. The Commission is also authorized to enter into research and development contracts authorizing the contractor to produce special 

nuclear material in facilities owned by the Commission to the 

extent that the production of such special nuclear material 

may be incident to the conduct of research and development 

activities under such contracts. Any contract entered into 

under this section shall contain provisions (1) prohibiting the 

contractor from subcontracting any part of the work he is obligated to perform under the contract, except as authorized by 

the Commission; and (2) obligating the contractor (A) to make 

such reports pertaining to activities under the contract to the 

Commission as the Commission may require, (B) to submit to 

inspection by employees of the Commission of all such activities, and (C) to comply with all safety and security regulations 

which may be prescribed by the Commission. Any contract 

made under the provisions of this subsection may be made 

without regard to the provisions of [section 3709 of the Revised 

Statutes, as amended] section 6101 of title 41, United States 

Code, upon certification by the Commission that such action is 


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necessary in the interest of the common defense and security, 

or upon a showing by the Commission that advertising is not 

reasonably practicable. Partial and advance payments may be 

made under such contracts. 

§ 2063 (Atomic Energy Act of 1954, § 43) 

SEC. 43. ACQUISITION OF PRODUCTION FACILITIES.—The Commission is authorized to purchase any interest in facilities for the production of special nuclear materials, or in real property on which 

such facilities are located, without regard to the provisions of [section 3709 of the Revised Statutes, as amended] section 6101 of title 

41, United States Code, upon certification by the Commission that 

such action is necessary in the interest of the common defense and 

security, or upon a showing by the Commission that advertising is 

not reasonably practicable. Partial and advance payments may be 

made under contracts for such purposes. The Commission is further authorized to requisition, condemn, or otherwise acquire any 

interest in such production facilities, or to condemn or otherwise 

acquire such real property, and just compensation shall be made 

therefor. 

§ 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 nuclear material or any interest therein. Any contract of purchase 

made under this section may be made without regard to the provisions of [section 3709 of the Revised Statutes, as amended] section 

6101 of title 41, United States Code, upon certification by the Commission that such action is necessary in the interest of the common 

defense and security, or upon a showing by the Commission that 

advertising is not reasonably practicable. Partial and advance payments may be made under contracts for such purposes. Just compensation shall be made for any right, property, or interest in property taken, requisitioned, or condemned under this section: Providing, That the authority in this section to commit United States 

funds for any activities pursuant to any subsequent arrangement 

under section 131 a. (2)(E) shall be subject to the requirements of 

section 131. 

§ 2096 (Atomic Energy Act of 1954, § 66) 

SEC. 66. ACQUISITION.—The Commission is authorized and directed, to the extent it deems necessary to effectuate the provisions 

of this Act— 

* * * 

Any purchase made under this section may be made without regard to the provisions of [section 3709 of the Revised Statutes, as 

amended] section 6101 of title 41, United States Code, upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by 

the Commission that advertising is not reasonably practicable. Partial and advanced payments may be made under contracts for such 


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purposes. The Commission may establish guaranteed prices for all 

source material delivered to it within a specified time. Just compensation shall be made for any right, property, or interest in property taken, requisitioned, condemned, or otherwise acquired under 

this section. 

§ 2201(j) (Atomic Energy Act of 1954, § 161 j) 

SEC. 161. GENERAL PROVISIONS.—In the performance of its functions the Commission is authorized to— 

* * * 

j. without regard to the provisions of [the Federal Properoty 

and Administrative Services Act of 1949, as amended, except 

section 207 of that Act] chapter 5 (except section 559) of title 

40, United States Code, or any other law, make such disposition as it may deem desirable of (1) radioactive materials, and 

(2) any other property, the special disposition of which is, in 

the opinion of the Commission, in the interest of the national 

security: Provided, however, That the property furnished to licensees in accordance with the provisions of subsection 161 m. 

shall not be deemed to be property disposed of by the Commission pursuant to this subsection; 

§ 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 appropriate, shall use, to the maximum extent practicable, 

the facilities and services of private insurance organizations, 

and the Commission or the Secretary, as appropriate, may contract to pay a reasonable compensation for such services. Any 

contract made under the provisions of this subsection may be 

made without regard to the provisions of [section 3709 of the 

Revised Statutes (41 U.S.C. 5), as amended] section 6101 of 

title 41, United States Code, upon a showing by the Commission or the Secretary, as appropriate, that advertising is not 

reasonably practicable and advance payments may be made. 

§ 2295(e) (EURATOM Cooperation Act of 1958, § 6(e)) 

SEC. 6. (a) The Atomic Energy Commission is authorized to purchase or otherwise acquire from the Community special nuclear 

material or any interest therein from reactors constructed under 

the joint program in accordance with the terms of an agreement for 

cooperation entered into pursuant to the provisions of section 123 

of the Atomic Energy Act of 1954, as amended: Provided, That neither plutonium nor uranium 233 nor any interest therein shall be 

acquired under this section in excess of the total quantities authorized by law. The Commission is authorized to acquire from the 

Community pursuant to this section up to four thousand one hundred kilograms of plutonium for use only for peaceful purposes. 


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* * * 

(e) Any contract made under this section may be made without 

regard to [seciton 3709 of the Revised Statutes, as amended] section 6101 of title 41, United States Code, upon certification by the 

Commission that such action is necessary in the interest of the 

common defense and security, or upon a showing by the Commission that advertising is not reasonably practicable. 

§ 2310 (Atomic Energy Community Act of 1955, § 116) 

SEC. 116. REPOSSESSION.—The Commission is authorized to repossess any property sold by it in accordance with the terms of any 

contract to purchase, mortgage or other instrument, and to sell or 

make any other disposition of any property so repossessed and any 

property purchased by it pursuant to section 66. Notwithstanding 

any other provision of law relating to the acquisition, handling, or 

disposal of real property by the United States, the Commission 

shall have power to deal with, complete, operate, rent, renovate, 

modernize, insure, or sell for cash or credit, in its discretion, any 

properties acquired pursuant to this chapter, and to pursue to final 

collection, by way of compromise or otherwise, all claims arising 

pursuant to this section: Provided, That expenses authorized by 

this section shall be considered nonadministrative expenses: Provided further, That section 3709 of the Revised Statutes] section 

6101 of title 41, United States Code, shall not apply to any contract 

entered into pursuant to this section if the amount thereof does not 

exceed $1,000. 

§ 2349 (Atomic Energy Community Act of 1955, § 120) 

SEC. 120. DISPOSAL OF PROPERTY.—In addition to any other authority the Commission may have, the Commission is authorized, 

without regard to the provisions of [section 3709 of the Revised 

Statutes, as amended] section 6101 of title 41, United States Code, 

to lease land, and to sell, lease, including leases with options to 

purchase, and otherwise dispose of improvements thereon, and 

such equipment and other personal property as is determined to be 

directly related thereto, in the Commission’s Hanford project in and 

near Richland, Washington, upon a determination by the Commission that such disposition will serve to prevent or reduce the adverse economic impact of actual or anticipated reductions in Commission programs in that area: Provided, however, That the compensation to the Government for any such disposition shall be the 

estimated fair market value or estimated fair rental value of the 

property as determined by the Commission: Provided further, That 

before the Commission makes any disposition of property under the 

authority of this section, the basis for the proposed disposition 

(with necessary background and explanatory data) shall be submitted to the Committee on Energy and Natural Resources of the 

Senate and the Committee on Energy and Commerce of the House 

of Representatives, and a period of forty-five days shall elapse 

while Congress is in session (in computing such forty-five-days, 

there shall be excluded the days on which either House is not in 

session because of adjournment of more than three days): Provided, 

however, That those Committees, after having received the basis 


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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.— 

* * * 

d. The Commission may sell any notes and mortgages acquired 

under subsections a. and c. of this section on terms set by the Commission. Notwithstanding any other provisions of law and without 

regard to the [provisions of section 3709 of the Revised Statutes] 

provisions of section 6101 of title 41, United States Code, the Commission may, in accordance with such terms and conditions as it 

may prescribe, (1) enter into contracts for servicing any of the notes 

and mortgages it has acquired, and (2) sell or enter into contracts 

to sell to a servicer any notes and mortgages with respect to which 

a servicing contract has been entered into by the servicer with the 

Commission: Provided, That with respect to sales of notes and 

mortgages under (2) the Commission shall [comply with section 

3709 of the Revsied Statutes] comply with section 6101 of title 41, 

United States Code, unless it determines that such compliance 

would not be feasible. 

§ 3211(c) (Public Works and Economic Development Act of 

1965, § 601(c)) 

SEC. 601. POWERS OF SECRETARY. 

(a) IN GENERAL.—In carrying out the duties of the Secretary 

under this Act, the Secretary may— 

* * * 

(c) INAPPLICABILITY OF CERTAIN OTHER REQUIREMENTS.—[Section 

3709 of the Revised Statutes (41 U.S.C. 5)] Section 6101 of title 41, 

United States Code, shall not apply to any contract of hazard insurance or to any purchase or contract for services or supplies on account of property obtained by the Secretary as a result of assistance provided under this Act if the premium for the insurance or 

the amount of the services or supplies does not exceed $1,000. 

§ 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 balances of appropriations, authorizations, allocations, or other funds 

held, used, arising from, or available or to be made available in 

connection with, the functions, powers, and duties transferred by 

section 5 of this Act are hereby transferred with such functions, 

powers, and duties, respectively. 

* * * 

(i) Except as such authority is otherwise expressly provided in 

any other Act administered by the Secretary, the Secretary is authorized to— 

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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 provision of law relating to the acquisition, handling, or disposal 

of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, 

such property: Provided, That any such acquisition of real 

property shall not deprive any State or political subdivision 

thereof of its civil or criminal jurisdiction in and over such 

property or impair the civil rights under the State or local laws 

of the inhabitants on such property: Provided further, That 

[section 3709 of the Revised Statutes (41 U.S.C. 5)] section 

6101 of title 41, United States Code, shall not apply to any contract for services or supplies on account of any property so acquired or owned if the amount of such contract does not exceed 

$2,500; 

§ 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 contracts, agreements, or other appropriate arrangements which may, 

from time to time, be necessary for the purpose of utilizing, on such 

terms and conditions as may be agreed upon, the facilities and 

services of any insurance companies or other insurers, insurance 

agents and brokers, or insurance adjustment organizations; and 

such contracts, agreements, or arrangements may include provision 

for payment of applicable operating costs and allowances for such 

facilities and services as set forth in the schedules prescribed under 

section 1311. 

(b) Any such contracts, agreements, or other arrangements may 

be entered into without regard to the provisions of [section 3709 of 

the Revised Statutes (41 U.S.C. 5] section 6101 of title 41, United 

States Code, or any other provision of law requiring competitive 

bidding and without regard to the provisions of the Federal Advisory Committee Act (5 U.S.C. App.). 

§ 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 facilitate the expeditious payment of any Federal funds under such 

program, the Director may enter into contracts with pool formed or 

otherwise created under section 1331, or any insurance company or 

other private organizations, for the purpose of securing performance by such pool, company, or organization of any or all of the following responsibilities: 

* * * 

(c) Any contract entered into under subsection (a) may be entered 

into without regard to [section 3709 of the Revised Statutes (41 

U.S.C. 5)] section 6101 of title 41, United States Code, or any other 

provision of law requiring competitive bidding. 


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§ 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 arrangements with the Secretaries of the Army, the Interior, Agriculture, 

and Commerce, the Tennessee Valley Authority, and the heads of 

other Federal departments or agencies, on a reimbursement basis, 

or with the head of any State or local agency, or enter into contracts with any persons or private firms, in order that he may— 

* * * 

(b) The Director is directed to accelerate the identification of risk 

zones within flood-prone and mudslide-prone areas, as provided by 

subsection (a)(2) of this section, in order to make known the degree 

of hazard within each such zone at the earliest possible date. To 

accomplish this objective, the Director is authorized, without regard to subsections (a) and (b) of section 3324 of title 31, United 

States Code, and [section 3709 of the Revised Statutes (41 U.S.C. 

5)] section 6101 of title 41, United States Code, to make grants, provide technical assistance, and enter into contracts, cooperative 

agreements, or other transactions, on such terms as he may deem 

appropriate, or consent to modifications thereof, and to make advance or progress payments in connection therewith. 

§ 4361c note (Departments of Veterans Affairs and Housing 

and Urban Development, and Independent Agencies Appropriations Act, 2003, div. K, title III, proviso under heading ‘‘SCIENCE AND TECHNOLOGY’’ 

under heading ‘‘ENVIRONMENTAL PROTECTION 

AGENCY’’) 

That the Office of Research and Development of the Environmental 

Protection Agency may hereafter contract directly with individuals 

or indirectly with institutions or nonprofit organizations, without 

regard to [41 U.S.C. 5] section 6101, United States Code, for the 

temporary or intermittent personal services of students or recent 

graduates, who shall be considered employees for the purposes of 

chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, 

United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purposes. 

§ 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 without regard to [sections 3648 and 3709 of the Revised Statutes (31 


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U.S.C. 529; 41 U.S.C. 5)] section 3324(a) and (b) of title 31, United 

States Code, and section 6101 of title 41, United States Code, in carrying out his functions. 

§ 4638 (Uniform Relocation Assistance and Real Property Acquisition 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 [the Federal 

Property and Administrative Services Act of 1949, as amended] 

chapter 5 of title 40, United States Code. Such transfer shall be 

subject to such terms and conditions as the Administrator determines necessary to protect the interests of the United States and 

may be made without monetary consideration, except that such 

State agency shall pay to the United States all net amounts received by such agency from any sale, lease, or other disposition of 

such property for such housing. 

§ 5196(k) (Robert T. Stafford Disaster Relief and Emergency 

Assistance Act, § 611(k)) 

SEC. 611. DETAILED FUNCTIONS OF ADMINSTRATION. 

(a) IN GENERAL.—In order to carry out the policy described in 

section 601, the Administrator shall have the authorities provided 

in this section. 

* * * 

(k) SALE OR DISPOSAL OF CERTAIN MATERIALS AND FACILITIES.— 

The Administrator may arrange for the sale or disposal of materials and facilities found by the Administrator to be unnecessary or 

unsuitable for emergency preparedness purposes in the same manner as provided for excess property under [the Federal Property 

and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) 

chapter 5 of title 40, United States Code. Any funds received as proceeds from the sale or other disposition of such materials and facilities shall be deposited into the Treasury as miscellaneous receipts. 

§ 5206(a) (Disaster Mitigation Act of 2000, § 306(a)) 

SEC. 306. BUY AMERICAN. 

(a) COMPLIANCE WITH [BUY AMERICAN ACT] CHAPTER 83 OF

TITLE 41, UNITED STATES CODE.—No funds authorized to be appropriated under this Act or any amendment made by this Act may 

be expended by an entity unless the entity, in expending the funds, 

complies with [the Buy American Act] chapter 83 of title 41, United 

States Code. 

§ 5403(a)(2)(B) (National Manufactured Housing Construction and Safety Standards Act of 1974, 

§ 604(a)(2)(B)) 

SEC. 604. FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS. 

(a) ESTABLISHMENT.— 


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* * * 

(2) CONSENSUS STANDARDS AND REGULATORY DEVELOPMENT

PROCESS.— 

* * * 

(B) COMPETITIVELY PROCURED CONTRACT.—Upon the expiration of the 4-year period beginning on the date on 

which all members of the consensus committee are appointed under paragraph (3), the Secretary shall, using 

competitive procedures (as such term is defined in [section 

4 of the Office of Federal Procurement Policy Act] section 

132 of title 41, United States Code), enter into a competitively awarded contract with an administering organization. The administering organization shall administer the 

consensus process for the development and interpretation 

of the Federal standards, the procedural and enforcement 

regulations, and regulations specifying the permissible 

scope and conduct of monitoring, in accordance with this 

title. 

§ 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 nonnuclear research, development, or demonstration category as— 

* * * 

(b) The information required by subsection (a), along with the 

dollar amount of each award, contract, or other financial arrangement made, shall be included as an appendix to the annual report 

required by section 15(a) of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5914): Provided, 

That small purchases or contracts of less than [$10,000] $25,000, 

[which are excepted from the requirements of advertising by section 252(c)(3) of title 41, United States Code,] shall be exempt from 

the reporting requirements of this section. 

§ 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 private persons, organizations, or institutions, and make such 

payments as he deems necessary to carry out the provisions of 

this chapter without legal consideration, without performance 

bonds, and without regard to [section 3709 of the Revised Statutes (41 U.S.C. 5)] section 6101 of title 41, United States Code. 


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§ 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 Federal Acquisition Regulation shall be revised to require Federal officers and employees to comply with this section and the amendments made by this section in the acquisition, construction, or 

major renovation of any facility. The members of the Federal Acquisition Regulatory Council (established under [section 25 of the 

Office of Federal Procurement Policy Act (41 U.S.C. 421)] section 

1302 of title 41, United States Code) shall consult with the Federal 

Director and the Commercial Director before promulgating regulations to carry out this subsection. 

§ 7135 note (Department of the Interior and Related Agencies Appropriations Act, 1996, title II, first proviso 

in paragraph under heading ‘‘ENERGY INFORMATION

ADMINISTRATION’’ under heading ‘‘DEPARTMENT 

OF ENERGY’’) 

That notwithstanding [section 4(d) of the Service Contract Act of 

1965 (41 U.S.C. 353(d))] section 6707(d) of title 41, United States 

Code, or any other provision of law, funds appropriated under this 

heading hereafter may be used to enter into a contract for end use 

consumption surveys for a term not to exceed eight years: Provided 

further, That notwithstanding any other provision of law, hereafter 

the Manufacturing Energy Consumption Survey shall be conducted 

on a triennial basis. 

§ 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 

[the Federal Property and Administrative Services Act of 1949 (40 

U.S.C. 484)] sections 541 through 555 of title 40, United States 

Code, or the Act of October 3, 1944, popularly referred to as the 

‘Surplus Property Act of 1944’ (50 U.S.C. App. 1622). 

§ 7403(b)(4) (Clean Air Act, § 103(b)(4)) 

SEC. 103. (a) The Administrator shall establish a national research and development program for the prevention and control of 

air pollution and as part of such program shall— 

* * * 

(b) In carrying out the provisions of the preceding subsection the 

Administrator is authorized to— 


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* * * 

(4) contract with public or private agencies, institutions, and 

organizations, and with individuals, without regard to [sections 

3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 

U.S.C. 5)] section 3324(a) and (b) of title 31, United States 

Code, and section 6101 of title 41, United States Code; 

§ 7404(a)(2)(D)) (Clean Air Act, § 104(a)(2)(D)) 

SEC. 104. (a) The Administrator shall give special emphasis to research and development into new and improved methods, having 

industry-wide application, for the prevention and control of air pollution resulting from the combustion of fuels. In furtherance of 

such research and development he shall— 

* * * 

(2) provide for Federal grants to public or nonprofit agencies, 

institutions, and organizations and to individuals, and contracts with public or private agencies, institutions, or persons, 

for payment of (A) part of the cost of acquiring, constructing, 

or otherwise securing for research and development purposes, 

new or improved devices or methods having industrywide application of preventing or controlling discharges into the air of 

various types of pollutants; (B) part of the cost of programs to 

develop low emission alternatives to the present internal combustion engine; (C) the cost to purchase vehicles and vehicle 

engines, or portions thereof, for research, development, and 

testing purposes; and (D) carrying out the other provisions of 

this section, without regard to [sections 3648 and 3709 of the 

Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)] section 3324(a) 

and (b) of title 31, United States Code, and section 6101 of title 

41, United States Code: Provided, That research or demonstration contracts awarded pursuant to this subsection (including 

contracts for construction) may be made in accordance with, 

and subject to the limitations provided with respect to research 

contracts of the military departments in, section 2353 of title 

10, except that the determination, approval, and certification 

required thereby shall be made by the Administrator; Provided 

further, That no grant may be made under this paragraph in 

excess of $1,500,000; 

§ 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 

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out regard to [section 5] section 6101 of title 41 of the 

United States Code to enter into contracts, leases, cooperative agreements or other transactions as may be necessary 

in the conduct of the duties and functions of the Board 

with any other agency, institution, or person. 

§ 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 measures, including at least the costs (if any) incurred in making energy 

audits, acquiring and installing equipment, and training personnel, 

in exchange for a share of any energy savings directly resulting 

from implementation of such measures during the term of the contract. 

(2)(A) Contracts under this title shall be energy savings performance contracts and shall require an annual energy audit and specify the terms and conditions of any Government payments and performance guarantees. Any such performance guarantee shall provide that the contractor is responsible for maintenance and repair 

services for any energy related equipment, including computer software systems. 

* * * 

(D) A Federal agency may enter into a multiyear contract under 

this title for a period not to exceed 25 years beginning on the date 

of the delivery order, without funding of cancellation charges before 

cancellation, if— 

* * * 

(iii) such contract is governed by part 17.1 of the Federal Acquisition Regulation promulgated under [section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421)] section 

1303 of title 41, United States Code, or the applicable rules promulgated under this title. 

* * * 

(b) IMPLEMENTATION.—(1)(A) The Secretary, with the concurrence 

of the Federal Acquisition Regulatory Council established under 

[section 25(a) of the Office of Federal Procurement Policy Act] section 1302(a) of title 41, United States Code, not later than 180 days 

after the date of the enactment of the Energy Policy Act of 1992, 

shall, by rule, establish appropriate procedures and methods for 

use by Federal agencies to select, monitor, and terminate contracts 

with energy service contractors in accordance with laws governing 

Federal procurement that will achieve the intent of this section in 

a cost-effective manner. In developing such procedures and methods, the Secretary, with the concurrence of the Federal Acquisition 

Regulatory Council, shall determine which existing regulations are 

inconsistent with the intent of this section and shall formulate subVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00197 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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stitute regulations consistent with laws governing Federal procurement. 

* * * 

(c) TASK OR DELIVERY ORDERS.—(1) The head of a Federal agency 

may issue a task or delivery order under an energy savings performance contract by— 

* * * 

(2) The issuance of a task or delivery order for energy savings 

performance contracting services pursuant to paragraph (1) is 

deemed to satisfy the task and delivery order competition requirements in section 2304c(d) of title 10, United States Code, and [section 303J9(d) of the Federal Property and Administrative Services 

Act of 1949 (41 U.S.C. 253j(d))] section 4106(d) of title 41, United 

States Code. 

§ 9619(c)(3) (Comprehensive Environmental Response, Compensation, and Liability Act of 1980, § 119(c)(3)) 

SEC. 119. RESPONSE ACTION CONTRACTORS. 

* * * 

(c) INDEMNIFICATION.— 

* * * 

(3) SOURCE OF FUNDING.—This subsection shall not be subject to section 1301 or 1341 of title 31 of the United States 

Code or [section 3732 of the Revised Statutes (41 U.S.C. 11)] 

section 6301(a) and (b) of title 41 of the United States Code or 

to section 3 of the Superfund Amendments and Reauthorization Act of 1986. For purposes of section 111, amounts expended pursuant to this subsection for indemnification of any 

response action contractor (except with respect to federally 

owned or operated facilities) shall be considered governmental 

response costs incurred pursuant to section 104. If sufficient 

funds are unavailable in the Hazardous Substance Superfund 

established under subchapter A of chapter 98 of the Internal 

Revenue Code of 1986 to make payments pursuant to such indemnification or if the Fund is repealed, there are authorized 

to be appropriated such amounts as may be necessary to make 

such payments. 

§ 10301 note (Public Law 95–84, § 2(a)) 

SEC. 2. (a) The Secretary of the Interior is authorized and directed to demonstrate the engineering and economic viability of 

membrane and phase-change desalting processes. Such demonstrations shall include the study, design, construction, operation, and 

maintenance of desalting plants at locations in the United States 

(which may include the District of Columbia, the Commonwealth of 

Puerto Rico, American Samoa, Guam, the Virgin Islands, the Mariana Islands, and the Trust Territory of the Pacific Islands): Provided, That at least two such plants shall demonstrate desalting of 

brackish ground water: And provided further, That the plants conVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00198 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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structed pursuant to this section shall be for the purpose of showing that the technology being demonstrated is ready for application; such plants shall be sufficient to demonstrate the specific application of the technology, and shall be significantly different in 

operation and process so as not to duplicate any other demonstration plant constructed pursuant to this section. The Secretary is 

further authorized to conduct such demonstrations or any portion 

thereof by means of cooperative agreements (as defined and authorized by [41 U.S.C. 504 et seq. (the Federal Grant and Cooperative 

Agreement Act of 1977; Public Law 95–224)] chapter 6301 of title 

31, United States Code) with duly authorized non-Federal public 

entities. Title to demonstration facilities constructed by the nonFederal public entity under a cooperative agreement shall vest in 

the non-Federal public entity. 

§ 10303(h)(1)(C) (Water Resources Research Act of 1984, 

§ 104(h)(1)(C)) 

SEC. 104. (a) Subject to the approval of the Secretary of the Interior (hereafter in this chapter referred to as the ‘‘Secretary’’) under 

this section, one water resources research and technology institute, 

center, or equivalent agency (hereafter in this Act referred to as 

the ‘‘institute’’) may be established in each State (as used in this 

Act, the term ‘‘State’’ includes the Commonwealth of Puerto Rico, 

the District of Columbia, the Virgin Islands, Guam, American 

Samoa, the Commonwealth of the Mariana Islands and the Federated States of Micronesia) at a college or university which was 

established in accordance with the Act approved July 2, 1862 (12 

Stat. 503; 7 U.S.C. 301ff), entitled ‘‘An Act donating public lands 

to the several States and territories which may provide colleges for 

the benefit of agriculture and the mechanic arts’’ or at some other 

institution designated by act of the legislature of the State concerned. If there is more than one such college or university in a 

State established in accordance with such Act of July 2, 1862, the 

institute in such State shall, in the absence of a designation to the 

contrary by act of the legislature of the State, be established at the 

one such college or university designated by the Governor of the 

State. Two or more States may cooperate in the establishment of 

a single institute or regional institute, in which event the sums 

otherwise allocated to institutes in each of the cooperating States 

shall be paid to such single or regional institute. 

* * * 

(h) COORDINATION.— 

(1) IN GENERAL.—To carry out this Act, the Secretary— 

* * * 

(C) may enter into contracts, cooperative agreements, 

and other transactions without regard to [section 3709 of 

the Revised Statutes (41 U.S.C. 5)] section 6101 of title 41; 

§ 12114(c)(3) (Americans with Disabilities Act of 1990, 

§ 104(c)(3)) 

SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL. 


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* * * 

(c) AUTHORITY OF COVERED ENTITY.—A covered entity— 

* * * 

(3) may require that employees behave in conformance with 

the requirements established under [the Drug-Free Workplace 

Act of 1988 (41 U.S.C. 701 et seq.)] chapter 81 of title 41, 

United States Code; 

§ 12501 note (National and Community Service Trust Act of 

1993, § 501) 

SEC. 501. COMPLIANCE WITH [BUY AMERICAN ACT] 

CHAPTER 83 OF TITLE 41, UNITED STATES CODE. 

No funds appropriated pursuant to this Act (including the 

amendments made by this Act) may be expended by an entity unless the entity agrees that in expending the assistance the entity 

will comply with [sections 2 through 4 of the Act of March 3, 1933 

(41 U.S.C. 10a–10c, popularly known as the ‘‘Buy American Act’’) 

chapter 83 of title 41, United States Code. 

§ 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 Recipients under [sections 5153 through 5158 of the Anti-Drug Abuse Act 

of 1988 (41 U.S.C. 702–707) sections 8101 and 8103 through 8106 

of title 41, United States Code. 

§ 12651g(b) (National and Community Service Act of 1990, 

§ 196(b)) 

SEC. 196. ADMINISTRATION. 

* * * 

(b) CONTRACTS.—Subject to the [Federal Property and Administrative Services Act of 1949] provisions of sections 171(b) and (c) 

of title 41, United States Code, the Corporation may enter into contracts, and cooperative and interagency agreements, with Federal 

and State agencies, private firms, institutions, and individuals to 

conduct activities necessary to assist the Corporation in carrying 

out the duties of the Corporation under the national service laws. 

§ 12701 notes (Departments of Veterans Affairs and Housing 

and Urban Development, and Independent Agencies 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.— 


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* * * 

(7) CONTRACT AUTHORITY.—The Commission may contract 

with and compensate Government and private agencies or persons for services, without regard to [section 3709 of the Revised Statutes (41 U.S.C. 5)] section 6101 of title 41, United 

States Code. 

* * * 

SEC. 525. COMMISSION ON AFFAORDABLE HOUSING AND 

HEALTH FACILITY NEEDS FOR SENIORS IN THE 21ST 

CENTURY. 

* * * 

(e) POWERS.— 

* * * 

(7) CONTRACT AUTHORITY.—The Commission may contract 

with and compensate Government and private agencies or persons for services, without regard to [section 3709 of the Revised Statutes (41 U.S.C. 5)] section 6101 of title 41, United 

States Code. 

§ 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 subcontracts by each agency under this Act and amendments made by 

this Act pursuant to competitive procedures within the meaning of 

either the [Federal Property and Administrative Services Act of 

1949 (41 U.S.C. 251 et seq.)] provisions of section 171(b) and (c) of 

title 41, United States Code, or chapter 137 of title 10, United 

States Code, shall be expended either with— 

§ 15325(e) (Help America Vote Act of 2002, § 205(e)) 

SEC. 205. POWERS. 

* * * 

(e) CONTRACTS.—The Commission may contract with and compensate persons and Federal agencies for supplies and services 

without regard to [section 3709 of the Revised Statutes (41 U.S.C. 

5) section 6101 of title 41, United States Code. 

§ 16392(e)(3)(C) (Energy Policy Act of 2005, § 1002(e)(3)(C)) 

SEC. 1002. TECHNOLOGY INFRASTRUCTURE PROGRAM. 

* * * 

(e) PROGRAM REQUIREMENTS.— 

* * * 

(3) COST-SHARING.— 


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* * * 

(C) RESEARCH AND DEVELOPMENT EXPENSES.—Independent research and development expenses of Government contractors that qualify for reimbursement under 

section 31.205–18(e) of title 48, Code of Federal Regulations, issued pursuant to [section 25(c)(1) of the Office of 

Federal Procurement Policy Act (41 U.S.C. 421(c)(1)))] section 1303(a)(1) of title 41, United States Code, may be credited towards costs paid by non-Federal sources to a project, 

if the expenses meet the other requirements of this section. 

§ 17013(j)(3) (Energy Independence and Security Act of 2007, 

§ 136(j)(3)) 

SEC. 136. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM. 

* * * 

(j) APPOINTMENT AND PAY OF PERSONNEL.—(1) The Secretary 

may use direct hiring authority pursuant to section 3304(a)(3) of 

title 5, United States Code, to appoint such professional and administrative personnel as the Secretary deems necessary to the discharge of the Secretary’s functions under this section. 

* * * 

(3) The Secretary may retain such consultants as the Secretary 

deems necessary to the discharge of the functions required by this 

section, pursuant to [section 31 of the Office of Federal Procurement Policy Act (41 U.S.C. 421(e)(1))] section 1901 of title 41, 

United States Code. 

§ 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 described in [section 6(a) of the Office of Federal Procurement 

Policy Act (41 U.S.C. 405(a))] section 1121(b) and (c)(1) of title 

41, United States Code, shall be revised to require Federal officers and employees to comply with this section in leasing 

buildings. 

(2) CONSULTATION.—The members of the Federal Acquisition 

Regulatory Council established under [section 25 of the Office 

of Federal Procurement Policy Act (41 U.S.C. 421)] section 

1302(a) of title 41, United States Code, shall consult with the 

Federal Director and the Commercial Director before promulgating regulations to carry out this subsection. 


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§ 18054(a)(1) (Patient Protection and Affordable Care Act, 

§ 1334(a)(1)) 

SEC. 1334. MULTI-STATE PLANS. 

(a) OVERSIGHT BY THE OFFICE OF PERSONNEL MANAGEMEN.— (1) IN GENERAL.—The Director of the Office of Personnel 

Management (referred to in this section as the ‘‘Director’’) shall 

enter into contracts with health insurance issuers (which may 

include a group of health insurance issuers affiliated either by 

common ownership and control or by the common use of a nationally licensed service mark), without regard to [section 5] 

section 6101 of title 41 or other statutes requiring competitive 

bidding, to offer at least 2 multi-State qualified health plans 

through each Exchange in each State. Such plans shall provide 

individual, or in the case of small employers, group coverage. 

TITLE 43—PUBLIC LANDS 

§ 50d (Department of the Interior and Related Agencies Appropriations Act, 2000, title I, last proviso in paragraph under heading ‘‘ADMINISTRATIVE PROVISIONS’’ 

under heading ‘‘UNITED STATES GEOLOGICAL 

SURVEY’’) 

That the United States Geological Survey may hereafter contract 

directly with individuals or indirectly with institutions or nonprofit 

organizations, without regard to [41 U.S.C. 5] section 6101 of title 

41, United States Code, for the temporary or intermittent services 

of students or recent graduates, who shall be considered employees 

for the purposes of chapters 57 and 81 of title 5, United States 

Code, relating to compensation for travel and work injuries, and 

chapter 171 of title 28, United States Code, relating to tort claims, 

but shall not be considered to be Federal employees for any other 

purposes. 

§ 1451 note (Department of the Interior and Related Agencies Appropriations Act, 2000, § 115) 

SEC. 115. Notwithstanding any other provision of law, in fiscal 

year 2000 and thereafter, the Secretary is authorized to permit persons, firms or organizations engaged in commercial, cultural, educational, or recreational activities (as defined in section 612a of 

title 40, United States Code) not currently occupying such space to 

use courtyards, auditoriums, meeting rooms, and other space of the 

main and south Interior building complex, Washington, D.C., the 

maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services 

pursuant to the [Federal Property and Administrative Services Act 

of 1949] provisions of section 171(b) and (c) of title 41, United 

States Code, and to assess reasonable charges therefore, subject to 

such procedures as the Secretary deems appropriate for such uses. 

Charges may be for the space, utilities, maintenance, repair, and 

other services. Charges for such space and services may be at rates 

equivalent to the prevailing commercial rate for comparable space 

and services devoted to a similar purpose in the vicinity of the 

main and south Interior building complex, Washington, D.C., for 

which charges are being assessed. The Secretary may without furVerDate Mar 15 2010 03:50 Sep 11, 2012 Jkt 019006 PO 00000 Frm 00203 Fmt 6659 Sfmt 6601 E:\HR\OC\HR662.XXX HR662

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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 nonFederal entities involved in cost sharing arrangements for the development of water projects to participate in contract negotiation 

and source selection proceedings without invoking provisions of the 

Federal Advisory Committee Act (5 U.S.C. Appendix (1988)): Provided, That such non-Federal participants shall be subject to the 

provisions of [the Federal Procurement Integrity Act (41 U.S.C. 423 

(1988))] chapter 21 of title 41, United States Code, and to the conflict of interest provisions appearing at 18 U.S.C. 201 et seq. 

(1988). 

§ 1611 note (Public Law 94–204, § 12(b)(7)(v)) 

SEC. 12. (a) The purpose of this section is to provide for the settlement of certain claims, and in so doing to consolidate ownership 

among the United States, the Cook Inlet Region Incorporated 

(hereinafter in this section referred to as the ‘Region’), and the 

State of Alaska, within the Cook Inlet area of Alaska in order to 

facilitate land management and to create land ownership patterns 

which encourage settlement and development in appropriate areas. 

The provisions of this section shall take effect at such time as all 

of the following have taken place: 

* * * 

(b) The Secretary shall make the following conveyances to the 

Region, in accordance with the specific terms, conditions, procedures, covenants, reservations, and other restrictions set forth in 

the document entitled ‘Terms and Conditions for Land Consolidation and Management in Cook Inlet Area’, which was submitted to 

the House Committee on Interior and Insular Affairs on December 

10, 1975, and clarified on August 31, 1976, the terms of which, as 

clarified, are hereby incorporated herein and ratified as to the duties and obligations of the United States and the Region, as a matter of Federal law. 

* * * 

(7)(i) Until the obligations of the Secretary and the Administrator of General Services under section 12(b)(5) and (6) of this 

Act are otherwise fulfilled: (a) Cook Inlet Region, Incorporated, 

may, by using the account established in subsection 

12(b)(7)(iv), bid, as any other bidder for property as defined in 

subsection 12(b)(7)(vii),, wherever located, in accordance with 

the applicable laws and regulations of the Federal agency or 

instrumentality offering such property for sale. No preference 

right of any type will be offered to Cook Inlet Region Incorporated, for bidding on property under this section 12(b)(7). 

There shall be no advertising other than that ordinarily required by such sale. (b) the Administrator of General Services 


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may, at the discretion of the Administrator, tender to the Secretary any surplus property otherwise to be disposed of pursuant to 40 U.S.C. 484(e)(3) to be offered Cook Inlet Region, Incorporated for a period of 90 days so as to aid in the fulfillment 

of the Secretary’s program purposes under the Alaska Native 

Claims Settlement Act: Provided, That nothing in these subsections 12(b)(7)(i)(b) or (ii) shall be construed to establish, enlarge or diminish authority of the Administrator or the Secretary within the State of Alaska. Prior to any disposition 

under subsection 12(b)(7)(i)(b) of this note], the Administrator 

shall notify the governing body of the locality where such property is located and any appropriate state agency, and no such 

disposition shall be made if such governing body or state agency, within ninety days of such notification formally advises the 

Administrator that it objects to the proposed disposition. 

* * * 

(v) The amount charged against the Treasury account established under subsection 12(b)(7)(iv) for sales or transfers of 

property made pursuant to [the Federal Property and Administrative Services Act of 1949, 40 U.S.C. sec. 471 et seq.] chapter 

5 of title 40, United States Code, or any legislative or executive 

delegation under [that Act] that chapter, shall be treated as 

proceeds of dispositions of surplus property for the purpose of 

determining the basis for calculating direct expenses pursuant 

to [40 U.S.C. 485(b), as amended] 40 U.S.C. 572(a). 

§ 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 available without fiscal year limitation for expenses necessary for furnishing, in accordance with the [Federal Property and Administrative Services Act of 1949 (63 Stat. 377, as amended)] provisions of 

section 171(b) and (c) of title 41, United States Code, and regulations promulgated thereunder, supplies and equipment services in 

support of Bureau programs, including but not limited to, the purchase or construction of storage facilities, equipment yards, and related improvements and the purchase, lease, or rent of motor vehicles, aircraft, heavy equipment, and fire control and other resource 

management equipment within the limitations set forth in appropriations made to the Secretary for the Bureau. 

TITLE 44—PUBLIC PRINTING AND 

DOCUMENTS 

The analysis for chapter 3 

CHAPTER 3—GOVERMENT PRINTING OFFICE 

Sec. 


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* * * 

311. Purchases exempt from subtitle I of title 40 and [division C (except sections 

3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I] the provisions 

referred to in section 171(c) of title 41; contract negotiation authority; 

small purchase threshold. 

§ 311 

§ 311. Purchases exempt from subtitle I of title 40 and [division C (except sections 3302, 3501(b), 3509, 3906, 

4710, and 4711) of subtitle I] the provisions referred 

to in section 171(c) of title 41; contract negotiation 

authority; small purchase threshold 

(a) Purchases may be made from appropriations under the ‘‘Government Printing Office’’ without reference to subtitle I of title 40 

and [division C (except sections 3302, 3501(b), 3509, 3906, 4710, 

and 4711) of subtitle I] the provisions referred to in section 171(c) 

of title 41 concerning purchases for the Federal Government. 

* * * 

(c) Notwithstanding any other provision of law, [section 6101(b) 

to (d)] section 6101 of title 41 shall apply with respect to purchases 

and contracts for the Government Printing Office as if the reference to ‘‘$25,000’’ in clause (1) of such section were a reference 

to ‘‘$100,000’’. 

§ 3501 note (E-Government Act of 2002, § 210(i)) 

SEC. 210. SHARE-IN SAVINGS INITIATIVES. 

* * * 

(i) DEFINITIONS.—In this section, the terms ‘‘contractor’’, ‘‘savings’’, and ‘‘share-in-savings contract’’ have the meanings given 

those terms in section 317 of the Federal Property and Administrative Services Act of 1949 [(as added by subsection (b))] (41 U.S.C. 

note preceding 3901, United States Code). 

TITLE 45—RAILROADS 

§ 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 unemployment insurance administration fund. This unemployment 

insurance administration fund shall consist of (i) such part of all 

contributions collected pursuant to section 8 of this Act as equals 

0.65 per centum of the total compensation on which such contributions are based; (ii) all amounts advanced to the fund by the Secretary of the Treasury pursuant to this section; (iii) all amounts appropriated by subsection (b) of this section; and (iv) such additional 

amounts as Congress may appropriate for expenses necessary or incidental to administering this Act. Such additional amounts are authorized to be appropriated. 


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* * * 

(c) Notwithstanding any other provision of law, all moneys at any 

time credited to the fund are permanently appropriated to the 

Board to be continuously available to the Board without further appropriation for any expenses necessary or incidental to administering this Act, including personal services in the District of Columbia and elsewhere; travel expenses, including expenses of attendance at meetings when authorized by the Board; actual transportation expenses and not to exceed $10 per diem to cover subsistence and other expenses while in attendance at and en route to and 

from the place to which he is invited, to any person other than an 

employee of the Federal Government who may, from time to time, 

be invited to the city of Washington or elsewhere for conference or 

advisory purposes in furthering the work of the Board; when found 

by the Board to be in the interest of the Government, not exceeding 

3 per centum, in any fiscal year, of the amounts credited during 

such year to the fund, for engaging persons or organizations, by 

contract or otherwise, for any special technical or professional services, determined necessary by the Board, including but not restricted to accounting, actuarial, statistical, and reporting services, 

without regard to [section 3709 of the Revised Statutes (U.S.C., 

title 41, sec. 5)] section 6101 of title 41 and the provisions of other 

laws applicable to the employment and compensation of officers 

and employees of the United States; services; advertising, postage, 

telephone, telegraph, teletype, and other communication services 

and tolls; supplies; reproducing, photographing, and all other 

equipment, office appliances, and laborsaving devices, including devices for internal communication and conveyance; purchase and exchange, operation, maintenance and repair of motor-propelled passenger-carrying vehicles to be used only for official purposes in the 

District of Columbia and in the field; printing and binding; purchase and exchange of law books, books of reference, and directories; periodicals, newspapers and press clippings, in such 

amounts as the Board deems necessary, without regard to the provisions of section 192 of the Revised Statutes; manuscripts and special reports; membership fees or dues in organizations which issue 

publications to members only, or to members at a lower price than 

to others, payment for which may be made in advance; rentals, including garages, in the District of Columbia or elsewhere; alterations and repairs; if found by the Board to be necessary to expedite the certification to the Board by the Director of the Office of 

Personnel Management of persons eligible to be employed by the 

Board, and to the extent that the Board finds such expedition necessary, meeting the expenses of the Director of the Office of Personnel Management in holding examinations for testing the fitness 

of applicants for admission to the classified service for employment 

by the Board pursuant to the second paragraph of section 362(l) of 

this title, but not to exceed the additional expenses found by the 

Board to have been incurred by reason of the holding of such examinations; and miscellaneous items, including those for public instruction and information deemed necessary by the Board: Provided, That [section 3709 of Revised Statutes (U.S.C., title 41, sec. 

5)] section 6101 of title 41 shall not be construed to apply to any 

purchase or procurement of supplies or services by the Board from 


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moneys in the fund when the aggregate amount involved does not 

exceed $300. Determinations of the Board whether the fund or an 

appropriation for the administration of the Railroad Retirement 

Act of 1974 is properly chargeable with the authorized expenses, or 

parts thereof, incurred in the administration of such Act, or of this 

Act, shall be binding and conclusive for all purposes and upon all 

persons, including the Comptroller General and any other administrative or accounting officer, employee, or agent of the United 

States and shall not be subject to review in any manner. 

§ 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 applicable to granting of rights-of-way under section 609 of this title. 

(b) The enactment of this title, actions taken during the transition period as provided in section 605 of this title, and transfer of 

the rail properties of the Alaska Railroad under authority of this 

chapter shall be deemed not to be the disposal of Federal surplus 

property under [the Federal Property and Administrative Services 

Act of 1949 (40 U.S.C. 484)] sections 541 through 555 of title 40, 

United States Code, or the Act of October 3, 1944, popularly referred to as the ‘‘Surplus Property Act of 1944’’ (50 U.S.C. App. 

1622). Such events shall not constitute or cause the revocation of 

any prior withdrawal or reservation of land for the use of the Alaska Railroad under the Act of March 12, 1914 (43 U.S.C. 975 et 

seq.), the Alaska Statehood Act (note preceding 48 U.S.C. 21), the 

Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), the 

Act of January 2, 1976 (Public Law 94–204; 89 Stat. 1145), the 

Alaska National Interest Lands Conservation Act (Public Law 96– 

487; 94 Stat. 2371), and the general land and land management 

laws of the United States. 

TITLE 46—SHIPPING 

§ 51703(b)(2) 

§ 51703. Additional training 

* * * 

(b) EQUIPMENT, SUPPLIES, AND CONTRACTS.—The Secretary 

may— 

* * * 

(2) without regard to [section 6101(b) to (d)] section 6101 of 

title 41, make contracts for services the Secretary considers 

necessary to prepare the equipment and supplies and to supervise and administer the additional training. 


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§ 55305(d)(2)(D) 

§ 55305. Cargoes procured, furnished, or financed by the 

United States Government 

* * * 

(d) PROGRAMS OF OTHER AGENCIES.— 

* * * 

(2) The Secretary— 

* * * 

(D) may take other measures as appropriate under the 

Federal Acquisition Regulations issued pursuant to [section 25(c)(1) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 421(c)(1)] section 1303(a)(1) of title 41 or 

contract with respect to each violation. 

TITLE 48—TERRITORIES AND INSULAR 

POSSESSIONS 

§ 1685 (Interior Department Appropriation Act, 1953, § 108) 

SEC. 108. After June 30, 1952, transfers to the Department of the 

Interior pursuant to [the Federal Property and Administrative 

Services Act of 1949] chapter 5 of title 40, United States Code, of 

equipment, material and supplies, excess to the needs of Federal 

agencies may be made at the request of the Secretary of the Interior without reimbursement or transfer of funds when required by 

the Interior Department for operations conducted in the administration of the Territories and the Trust Territory of the Pacific Islands. 

TITLE 49—TRANSPORTATION 

Public Law 111–350, § 5(o)(1) 

* * * 

SEC. 5. CONFORMING CROSS-REFERENCES. 

* * * 

(o) TITLE 49.—Title 49, United States Code, is amended as follows: 

(1) In section [103(e)] 103(i), strike ‘‘title III of the Federal 

Property and Administrative Services Act of 1949 (41 U.S.C. 

251 et seq.)’’ and substitute ‘‘division C (except sections3302, 

3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’. 


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§ 103(i) 

§ 103. Federal Railroad Adminstration 

* * * 

(i) AUTHORITIES.—Subject to the provisions of [subtitle I of title 

40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, 

and 4711) of subtitle I] section 171(b) and (c) of title 41, the Secretary of Transportation may make, enter into, and perform such 

contracts, grants, leases, cooperative agreements, and other similar 

transactions with Federal or other public agencies (including State 

and local governments) and private organizations and persons, and 

make such payments, by way of advance or reimbursement, as the 

Secretary may determine to be necessary or appropriate to carry 

out functions at the Administration. The authority of the Secretary 

granted by this subsection shall be carried out by the Administrator. Notwithstanding any other provision of this chapter, no authority to enter into contracts or to make payments under this subsection shall be effective, except as provided for in appropriations 

Acts. 

§ 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 [section 6101(b) to (d)] 

section 6101 of title 41; 

§ 5101 note (Hazardous Materials Transportation Authorization Act of 1994, § 123(a)) 

SEC. 123. BUY AMERICA. 

(a) COMPLIANCE WITH [Buy American Act] CHAPTER 83 OF TITLE

41, UNITED STATES CODE.—None of the funds made available 

under this title [see Short Title of 1994 Amendment note above] 

may be expended in violation of [sections 2 through 4 of the Act 

of March 3, 1933 (41 U.S.C. 10a–10c; popularly known as the ‘Buy 

American Act’)] chapter 83 of title 41, United States Code, which 

are applicable to those funds. 

§ 5334(j) 

§ 5334. Administrative provisions 

* * * 

(j) RELATIONSHIP TO OTHER LAWS.—(1) Section 9107(a) of title 31 

applies to the Secretary of Transportation under this chapter. 

(2) [Section 6101(b) to (d)] Section 6101 of title 41 applies to a 

contract for more than $1,000 for services or supplies related to 

property acquired under this chapter. 


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§ 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. [Section 6101(b) to (d)] Section 6101 of title 41 does not apply when transportation for the 

United States Government can be obtained from a rail carrier lawfully operating in the area where the transportation would be provided. 

§ 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. [Section 6101(b) to (d)] Section 6101 of title 41 does not apply when transportation for the 

United States Government can be obtained from a carrier lawfully 

operating in the area where the transportation would be provided. 

§ 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 

from the applicable commercial rate. [Section 6101(b) to (d)] Section 6101 of title 41 does not apply when transportation for the 

United States Government can be obtained from a carrier lawfully 

operating in the area where the transportation would be provided. 

§ 24301 note (Amtrak Reform and Accountability Act of 1997, 

§ 110(b)) 

SEC. 110. APPLICATION OF CERTAIN LAWS. 

* * * 

(b) APPLICATION OF FEDERAL PROPERTY AND AMINISTRATIVE

SERVICES ACT.—[Section 303B(m) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b(m))] Section 4702 

of title 41, United States Code, applies to a proposal in the possession or control of Amtrak. 

§ 40110(d) 

§ 40110. General procurement authority 

* * * 

(d) ACQUISITION MANAGEMENT SYSTEM.— 

* * * 

(2) APPLICABILITY OF FEDERAL ACQUISITION LAW.—The following provisions of Federal acquisition law shall not apply to 


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the new acquisition management system developed and implemented pursuant to paragraph (1): 

(A) [Division C (except sections 3302, 3501(b), 3509, 

3906, 4710, and 4711) of subtitle I] Provisions referred to 

in section 171(c) of title 41. 

(B) [Division B (except sections 1704 and 2303) of subtitle I] Provisions referred to in section 172(b) of title 41. 

* * * 

(3) CERTAIN PROVISIONS [OF DIVISION B (EXCEPT SECTIONS

1704 AND 2303) OF SUBTITLE I] referred to in section 172(b) of 

title 41.—Notwithstanding paragraph (2)(B), chapter 21 of title 

41 shall apply to the new acquisition management system developed and implemented under paragraph (1) with the following modifications: 

* * * 

(B) Within 90 days after the date of the enactment of the 

Wendell H. Ford Aviation Investment and Reform Act for 

the 21st Century, the Administrator shall adopt definitions 

for the acquisition management system that are consistent 

with the purpose and intent of the [Office of Federal Procurement Policy Act] provisions referred to in section 

172(b) of title 41. 

(C) After the adoption of those definitions, the criminal, 

civil, and administrative remedies provided under the [Office of Federal Procurement Policy Act] provisions referred 

to in section 172(b) of title 41 apply to the acquisition management system. 

(D) In the administration of the acquisition management 

system, the Administrator may take adverse personnel action under [section 27(e)(3)(A)(iv) of the Office of Federal 

Procurement Policy Act] section 2105(c)(1)(D) of title 41 in 

accordance with the procedures contained in the Administration’s personnel management system. 

§ 40110 note (Department of Transportation and Related 

Agencies Appropriations Act, 1997, § 351(b)) 

SEC. 351. Not later than December 31, 1997, the Administrator 

of the Federal Aviation Administration shall— 

* * * 

(b) submit to the Congress a report on the findings of that 

independent assessment: Provided, That for purposes of this 

section, the term ‘full and open competition’ has the meaning 

provided that term in [section 4(6) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(6))] section 107 of title 41, 

United States Code. 

§ 40110 note (Federal Acquisition Streamlining Act of 1994, 

§ 5063) 

SEC. 5063. FEDERAL AVIATION ADMINISTRATION ACQUISITION PILOT PROGRAM. 


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* * * 

(f) WAIVER OF PROCUREMENT REGULATIONS.—(1) In conducting 

the test under this section, the Secretary of Transportation, with 

the approval of the Administrator for Federal Procurement Policy, 

may waive— 

* * * 

(2) The provisions of law referred to in paragraph (1) are as follows: 

* * * 

[(B) The following provisions of the Federal Property and Administrative Services Act of 1949: 

(i) Section 303 ([former] 41 U.S.C. 253) [see 41 U.S.C. 

3105, 3301, 3303 to 3305]. 

(ii) Section 303A ([former] 41 U.S.C. 253a) [see 41 U.S.C. 

3306]. 

(iii) Section 303B ([former] 41 U.S.C. 253b) [now 41 

U.S.C. 3308, 3701 to 3708, 4702]. 

(iv) Section 303C [former] (41 U.S.C. 253c) [now 41 

U.S.C. 3311]. 

(C) The following provisions of the Office of Federal Procurement Policy Act: 

(i) Section 4(6) ([former] 41 U.S.C. 403(6)) [see 41 U.S.C. 

107]. 

(ii) Section 18 ([former] 41 U.S.C. 416) [see 41 U.S.C. 

1708].] 

(B) Sections 107, 1708, 3105, 3301(a), (b)(1), and (c), 3303 

through 3306(e), 3308, and 3311, chapter 37, and section 4702 

of title 41, United States Code. 

(g) DEFINITION.—In this section, the term ‘‘commercial item’’ has 

the meaning provided that term in [section 4(12) of the Office of 

Federal Procurement Policy Act] section 103 of title 41, United 

States Code. 

§ 47305(d) 

§ 47305. Administrative 

* * * 

(d) ADVERTISING NOT REQUIRED.—[Section 6101(b) to (d)] Section 

6101 of title 41 does not apply to a lease or contract made by the 

Secretary of Transportation or Commerce under this chapter. 

§ 50101 note (Federal Aviation Administration Authorization 

Act of 1994, § 305(b)) 

SEC. 305. USE OF DOMENSTIC POWERS. 

* * * 

(b) COMPLIANCE WITH [Buy American Act] CHAPTER 83 OF TITLE

41, UNITED STATES CODE.—(1) Except as provided in paragraph 

(2), the head of each office within the Federal Aviation Administration that conducts procurements shall ensure that such procurements are conducted in compliance with [sections 2 through 4 of 


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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 [the Federal Property and Administrative 

Services Act of 1949] chapter 5 of title 40, United States Code. 

§ 198(d) (Act of August 9, 1954, § 3(d)) 

SEC. 3. (a) Any vessel not documented under the laws of the 

United States, acquired by or made available to the Secretary of 

Transportation under this Act, or otherwise, may, notwithstanding 

any other provision of law, in the discretion of the Secretary of the 

department in which the Coast Guard is operating be documented 

as a vessel of the United States under such rules and regulations 

or orders, and with such limitations, as the Secretary of the department in which the Coast Guard is operating may prescribe or issue 

as necessary or appropriate to carry out the purposes and provisions of this Act, and in accordance with the provisions of subsection (c) hereof, engage in the coastwise trade when so documented. Any document issued to a vessel under the provisions of 

this subsection shall be surrendered at any time that such surrender may be ordered by the Secretary of the department in which 

the Coast Guard is operating. No vessel, the surrender of the documents of which has been so ordered, shall, after the effective date 

of such order, have the status of a vessel of the United States unless documented anew. 

* * * 

(d) The Secretary of Transportation without regard to the provisions of [section 3709 of the Revised Statutes] section 6101 of title 

41, United States Code, may repair, reconstruct, or recondition any 

vessels to be utilized under this Act. The Secretary of Transportation and any other Government department or agency by which 

any vessel is acquired or chartered, or to which any vessel is transferred or made available under this Act may, with the aid of any 

funds available and without regard to the provisions of [said section 3709] said section 6101, repair, reconstruct, or recondition any 

such vessels to meet the needs of the services intended, or provide 

facilities for such repair, reconstruction, or reconditioning. The Secretary of Transportation may operate or charter for operation any 


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vessel to be utilized under this Act to private operators, citizens of 

the United States, or to any department or agency of the United 

States Government, without regard to the provisions of title VII of 

the Merchant Marine Act, 1936, and any department or agency of 

the United States Government is authorized to enter into such 

charters. 

§ 403–1(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 national intelligence is provided— 

* * * 

(q) ACQUISITIONS OF MAJOR SYSTEMS.—(1) For each intelligence 

program within the National Intelligence Program for the acquisition of a major system, the Director of National Intelligence shall— 

* * * 

(4) In this subsection: 

* * * 

(B) The term ‘‘major system’’ has the meaning given such 

term in [section 4(9) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 403(9)) section 109 of title 

41, United States Code. 

§ 415(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 service, or the anticipated transfer in any fiscal year of any aggregation 

of defense articles or defense services, exceeding $1,000,000 in 

value by an intelligence agency to a recipient outside that agency 

shall be considered a significant anticipated intelligence activity for 

the purpose of this title. 

(2) Paragraph (1) does not apply if— 

* * * 

(B) the transfer— 

(i) is being made pursuant to authorities contained in 

part II of the Foreign Assistance Act of 1961, the Arms Export Control Act, title 10 of the United States Code (including a law enacted pursuant to section 7307(a) of that 

title), or the [Federal Property and Administrative Services Act of 1949] provisions referred to in section 171(b) 

and (c) of title 41 of the United States Code, and 

§ 415a–5(e)(1) (National Security Act of 1947, § 506C(e)(1)) 

SEC. 506C. (a) INITIAL VULNERABILITY ASSESSMENTS.—(1)(A) Except as provided in subparagraph (B), the Director of National Intelligence shall conduct and submit to the congressional intelligence committees an initial vulnerability assessment for each 

major system and its significant items of supply— 


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* * * 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘item of supply’’ has the meaning given that 

term in [section 4(10) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(10))] section 108 of title 41, United 

States Code. 

§ 1651(a) (National Emergencies Act, § 502(a)) 

SEC. 502. (a) The provisions of this Act shall not apply to the following provisions of law, the powers and authorities conferred 

thereby, and actions taken thereunder: 

(1) [Act of June 30, 1949 (41 U.S.C. 252) Provisions of law 

referred to in section 171(b) and (c) of title 41, United States 

Code; 

* * * 

(3) [Section 3737 of the Revised Statutes, as amended (41 

U.S.C. 15)] Section 6305 of title 41, United States Code; 

§ 1701 note (Sudan Accountability and Divestment Act of 

2007, §§ 2(3), 6) 

SEC. 2. DEFINITIONS. 

In this Act: 

* * * 

(3) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has 

the meaning given the term in [section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)] section 133 of title 

41, United States Code. 

* * * 

SEC. 6. PROHIBITION ON UNITED STATES GOVERNMENT 

CONTRACTS. 

* * * 

(b) REMEDIES.— 

* * * 

(4) INCLUSION ON LIST OF PARTIES EXCLUDED FROM FEDERAL

PROCUREMENT AND NONPROCUREMENT PROGRAMS.—The Administrator of General Services shall include on the List of Parties 

Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the 

Federal Acquisition Regulation issued under [section 25 of the 

Office of Federal Procurement Policy Act (41 U.S.C. 421)] section 1303 of title 41, United States Code, each contractor that 

is debarred, suspended, proposed for debarment or suspension, 

or declared ineligible by the head of an executive agency on the 

basis of a determination of a false certification under paragraph (1). 


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* * * 

(d) IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION.—Not later than 120 days after the date of the enactment 

of this Act, the Federal Acquisition Regulatory Council shall amend 

the Federal Acquisition Regulation issued pursuant to [section 25 

of the Office of Federal Procurement Policy Act (41 U.S.C. 421)] 

section 1303 of title 41, United States Code, to provide for the implementation of the requirements of this section. 

§ 1701 note (Iran Sanctions Act of 1996, § 6(b)(1), (2)(B), (6)) 

SEC. 6. DESCRIPTION OF SANCTIONS. 

* * * 

(b) ADDITIONAL MEASURE RELATING TO GOVERNMENT CONTRACTS.— 

(1) MODIFICATION OF FEDERAL ACQUISITION REGULATION.— 

(A) CERTIFICATIONS RELATING TO ACTIVITIES DESCRIBED

IN SECTION 5.—Not later than 90 days after the date of the 

enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, the Federal Acquisition Regulation shall be revised to require a certification 

from each person that is a prospective contractor that the 

person, and any person owned or controlled by the person, 

does not engage in any activity for which sanctions may be 

imposed under section 5. 

(B) CERTIFICATIONS RELATING TO TRANSACTIONS WITH

IRAN’S REVOLUTIONARY GUARD CORPS.—Not later than 120 

days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012, the Federal 

Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor 

that the person, and any person owned or controlled by the 

person, does not knowingly engage in a significant transaction or transactions with Iran’s Revolutionary Guard 

Corps or any of its officials, agents, or affiliates the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act 

(50 U.S.C. 1701 et seq.). 

(2) REMEDIES.— 

* * * 

(B) INCLUSION ON LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT AND NONPROCUREMENT PROGRAMS.— 

The Administrator of General Services shall include on the 

List of Parties Excluded from Federal Procurement and 

Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation 

each person that is debarred, suspended, or proposed for 

debarment or suspension by the head of an executive agency on the basis of a determination of a false certification 

under subparagraph (A). 


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* * * 

(6) DEFINITIONS.—In this subsection: 

(A) EXECUTIVE AGENCY.—The term ‘executive agency’ 

has the meaning given that term in section 133 of title 41, 

United States Code. 

§ 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, counterproliferation studies, and other international fields, for the awarding of the scholarships, fellowships, and grants described in 

paragraph (1) in accordance with the provisions of this chapter. 

The Secretary may enter into such contracts without regard to 

[section 3709 of the Revised Statutes (41 U.S.C. 5)] section 

6101 of title 41, United States Code, or any other provision of 

law that requires the use of competitive procedures. In addition, the Secretary may enter into personal service contracts 

for periods up to one year for program administration, except 

that not more than 10 such contracts may be in effect at any 

one time. 

§ 2402(c) (National Nuclear Security Administration Act, 

§ 3212(c)) 

SEC. 3212. ADMINISTRATOR FOR NUCLEAR SECURITY. 

* * * 

(c) PROCUREMENT AUTHORITY.—The Administrator is the senior 

procurement executive for the Administration for the purposes of 

[section 16(3) of the Office of Federal Procurement Policy Act (41 

U.S.C. 414(3))] section 1702(c)(1) and (2) of title 41, United States 

Code. 

§ 2462 (National Nuclear Security Administration Act, § 3262) 

SEC. 3262. COMPLIANCE WITH FEDERAL ACQUISITION 

REGULATION. 

The Administrator shall establish procedures to ensure that the 

mission and programs of the Administration are executed in full 

compliance with all applicable provisions of the Federal Acquisition 

Regulation issued pursuant to the [Office of Federal Procurement 

Policy Act (41 U.S.C. 401 et seq.)] provisions referred to in section 

172(b) of title 41, United States Code. 

§ 2601(f) (Atomic Energy Defense Act, § 4421(f)) 

SEC. 4421. PROJECTS TO ACCELERATE CLOSURE ACTIVITIES AT DEFENSE NUCLEAR FACILITIES. 


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* * * 

(f) MULTIYEAR CONTRACTS.—Notwithstanding [section 304B(d) of 

the Federal Property and Administrative Services Act of 1949 (41 

U.S.C. 254c(d))] section 3903(a) and (c) of title 41, United States 

Code, the Secretary of Energy may enter into multiyear contracts 

to carry out projects selected under this section for up to 10 program years. 

§ 2781(b)(1) (Atomic Energy Defense Act, § 4801(b)(1)) 

SEC. 4801. COSTS NOT ALLOWED UNDER COVERED CONTRACTS. 

(a) IN GENERAL.—The following costs are not allowable under a 

covered contract: 

* * * 

(b) REGULATIONS.—(1) Not later than 150 days after November 

8, 1985, the Secretary of Energy shall prescribe regulations to implement this section. Such regulations may establish appropriate 

definitions, exclusions, limitations, and qualifications. Such regulations shall be published in accordance with [section 22 of the Office 

of Federal Procurement Policy Act (41 U.S.C. 418b)] section 1707 

of title 41, United States Code. 

TITLE 50 APPENDIX—WAR AND 

NATIONAL DEFENSE 

§ 1918(b) (Joint Resolution of December 30, 1947, § 8(b)) 

SEC. 8.(a) In order to alleviate shortages in foods and feeds, and 

to assist in stabilizing prices, the President shall carry out a program for the conservation of food and feed. In carrying out such 

program, the President is authorized, through the dissemination of 

information, educational and other campaigns, the furnishing of assistance, and such other voluntary and cooperative measures as he 

deems necessary or appropriate, to encourage and promote the efficient utilization, care, and preservation of food and feed, the elimination of practices which waste food and feed, the control and 

eradication of insects and rodents, the consumption of less of these 

foods and feeds which are in short supply and more of those foods 

and feeds which are in abundant supply, and other conservation 

practices. The authority herein conferred may be exercised by the 

President through such departments, agencies, independent establishments, and officials of the Federal Government and such State, 

local, and private agencies as he may determine. 

(b) There is hereby authorized to be appropriated to the President such sums as may be necessary to carry out this section. To 

enable the President to carry out this section for the remainder of 

the fiscal year ending June 30, 1948, there is made available not 

to exceed $1,000,000 from any funds made available by the Congress for carrying out Public Law 84, Eightieth Congress, or from 

any funds made available by the Congress for interim foreign aid. 

Funds made available for the purpose of this section may be used 

for necessary administrative expenses, including personal services 

in the District of Columbia and elsewhere, purchase or hire of 


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motor vehicles, temporary or intermittent services of experts or 

consultants or organizations thereof, including stenographic reporting services, by contract, without regard to the civil service and 

classification laws (the compensation of any such individual not to 

exceed $50 per day). Funds made available for the purposes of this 

section may be allotted for any of the purposes of this section to 

any department, agency, or independent establishment of the Government, or transferred to any other agency requested to assist in 

carrying out this section. Funds allotted to any department, agency, or independent establishment of the Government shall be available for obligation and expenditure in accordance with the laws 

governing obligations and expenditures of the department, agency, 

or independent establishment, or organizational unit thereof concerned, and without regard to [sections 3709 and 3648 of the Revised Statutes, as amended (U.S.C., title 41, sec. 5, and title 31, 

529)] section 3324(a) and (b) of title 31, United States Code, and 

section 6101 of title 41, United States Code. 

§ 1941i note (Act of July 26, 1956) 

That the Government laboratories at Akron, Ohio, now under control of the National Science Foundation are hereby transferred to 

the General Services Administration for disposal in accordance 

with [the Federal Property and Administrative Services Act of 

1949] chapter 5 of title 40, United States Code, except that the Administrator of General Services shall first offer the laboratories for 

public sale before seeking to dispose of them by transfer or assignment to any Federal agency. The Administrator of General Services, before he offers the laboratories to the public for sale, shall 

ascertain what the value of the laboratories would be to Government agencies which would make substantial use thereof, and the 

Administrator shall not sell the laboratories to the public unless he 

finds, after consultation with the Director of the Budget Bureau, 

that such sale to the public would be in the best interests of the 

United States, taking into consideration among other relevant factors the value of the laboratories to any interested agency and the 

amounts offered by public bidders. The National Science Foundation is authorized to reimburse the General Services Administration in advance for expenses necessary for the protection and maintenance of the laboratories up to June 30, 1957. 

§ 2077(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— 


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* * * 

(ii) [section 303(b)(1)(B) or section 303(c)(3) of the 

Federal Property and Administrative Services Act of 

1949] section 3303(a)(1)(B) or section 3304(a)(3) of title 

41, United States Code; or 

§ 2154(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 [section 25 of the Office of Federal Procurement Policy 

Act] section 1303 of title 41, United States Code, and shall conform 

to any governmentwide procurement policy or regulation issued 

pursuant to [section 6 or 25 of that Act] section 1121(b) and (d) or 

1303(a)(1) of that title. 

§ 2159(c) (Defense Production Act of 1950, § 709(c)) 

SEC. 709. PUBLIC PARTICIPATION IN RULEMAKING. 

* * * 

(c) PUBLIC COMMENT ON PROCUREMENT REGULATIONS.—Any procurement policy, regulation, procedure, or form (including any 

amendment or modification of any such policy, regulation, procedure, or form) issued under this Act shall be subject to [section 22 

of the Office of Federal Procurement Policy Act] section 1707 of title 

41, United States Code. 

TITLE 51—NATIONAL AND COMMERCIAL 

SPACE PROGRAMS 

§ 20113(c)(4) 

§ 20113. Powers of the Administration in performance of 

functions 

* * * 

(c) PROPERTY.—In the performance of its functions, the Administration is authorized— 

* * * 

(4) to sell and otherwise dispose of real and personal property (including patents and rights thereunder) in accordance 

with the provisions of [chapters 1 to 11 of title 40 and in accordance with title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)] chapter 5 of 

title 40; and 


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§ 30704(2) 

§ 30704. Offshore performance of contracts for the procurement of goods and services 

The Administrator shall submit to Congress, not later than 120 

days after the end of each fiscal year, a report on the contracts and 

subcontracts performed overseas and the amount of purchases directly or indirectly by the Administration from foreign entities in 

that fiscal year. The report shall separately indicate— 

* * * 

(2) the items and their dollar values for which [the Buy 

American Act (41 U.S.C. 10a et seq.)] chapter 83 of title 41 was 

waived pursuant to obligations of the United States under 

international agreements. 

Æ 


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