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[House Report 112-662]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                 No. 112-662
======================================================================
 
TO MAKE IMPROVEMENTS IN THE ENACTMENT OF TITLE 41, UNITED STATES CODE, 
           INTO A POSITIVE LAW TITLE AND TO IMPROVE THE CODE

                                _______
                                

 September 10, 2012.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                                 REPORT

                        [To accompany H.R. 6080]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 6080) to make improvements in the enactment of title 
41, United States Code, into a positive law title, and to 
improve the Code, having considered the same, reports favorably 
thereon and recommends that the bill do pass.

                           TABLE OF CONTENTS

                                                                   Page

Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     2
New Budget Authority and Tax Expenditures........................     2
Congressional Budget Office Cost Estimate........................     2
Performance Goals and Objectives.................................     3
Advisory on Earmarks.............................................     3
Section-by-Section Explanation...................................     3
Changes in Existing Law Made by the Bill, as Reported............     4

                          Purpose and Summary

    H.R. 6080 makes improvements in the enactment of title 41, 
United States Code, into a positive law title and improves the 
Code.

                  Background and Need for Legislation

    Public Law 111-350, which was signed into law on January 4, 
2011, enacted certain laws relating to public contracts as 
title 41, United States Code, ``Public Contracts''. H.R. 6080 
makes conforming amendments in laws classified to various 
titles of the Code that are necessary because of the enactment 
of title 41, makes clarifying amendments to title 41, and makes 
technical amendments to Public Law 111-350.

                                Hearings

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

                        Committee Consideration

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

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 6080.

                      Committee Oversight Findings

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

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 6080, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 18, 2012.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 6080, a bill to 
make improvements in the enactment of title 41, United States 
Code, into a positive law title and to improve the Code.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford, who can be reached at 226-2860.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member

 H.R. 6080--A bill to make improvements in the enactment of title 41, 
 United States Code, into a positive law title and to improve the Code.

      As ordered reported by the House Committee on the Judiciary 
                           on July 10, 2012.

    H.R. 6080 would make conforming, clarifying, and technical 
changes to most titles of the United States Code that address 
public contracts. Information from the Office of Law Revision 
Counsel indicates that the bill would make no substantive 
changes to the law; therefore, CBO estimates that enacting H.R. 
6080 would have no significant impact on the Federal budget. 
The bill would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    H.R. 6080 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of State, local, or tribal 
governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
6080 will make improvements in the enactment of title 41, 
United States Code, into a positive law title and will improve 
the Code.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 6080 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Table of contents. Section 1 sets forth the table 
of contents of the bill
    Sec. 2. Purpose. Section 2 sets forth the purpose of the 
bill.
    Secs. 3 through 40. Conforming, clarifying, and technical 
amendments. Sections 3 through 40 make conforming amendments in 
laws classified to various titles of the United States Code, 
make clarifying amendments to title 41, and make technical 
amendments to Public Law 111-350.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, H.R. 6080, as reported are shown as follows:

                         TITLE 2--THE CONGRESS

Sec. 61f8 (Public Law 9751, Sec. 117)

  Sec. 117. For each fiscal year (beginning with the fiscal 
year which ends September 30 1982), the Sergeant of Arms and 
Doorkeeper of the Senate is hereby authorized to expend from 
the account for the Sergeant of Arms and Doorkeeper of the 
Senate, within the contingent fund of the Senate, an amount not 
to exceed $300,000:
          (1) the procurement of the services, on a temporary 
        basis, of individual consultants, or organizations 
        thereof, with the prior consent of the Committee on 
        Rules and Administration; such services may be procured 
        by contract with the providers acting as independent 
        contractors, or in the case of individuals, by 
        employment at daily rates of compensation not in excess 
        of the per diem equivalent of the highest gross rate of 
        annual compensation which may be paid to employees of a 
        standing committee of the Senate; and any such contract 
        shall not be subject to the provisions of [section 5] 
        section 6101 of title 5, United States Code or any 
        other provision of law requiring advertising; and

Sec. 61g-7(b) (Supplemental Appropriations Act, 1985, Sec. 195(b))

  Sec. 195. (a)

                                 * * *

  (b) Such services in the case of individuals or organizations 
may be procured by contract as independent contractors, or in 
the case of individuals, by employment at daily rates of 
compensation not in excess of the per diem equivalent of the 
highest gross rate of compensation which may be paid to a 
regular employee of such committee. Such contracts shall not be 
subject to the provisions of [section 5 of title 41] section 
6101 of title 41, United States Code, or any other provision of 
law requiring advertising.

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

  Sec. 202. (a) Each standing committee of the Senate (other 
than the Committee on Appropriations) is authorized to appoint, 
by majority vote of the committee, not more than six 
professional staff members in addition to the clerical staffs. 
Such professional staff members shall be assigned to the 
chairman and the ranking minority member of such committee as 
the committee may deem advisable, except that whenever a 
majority of the minority members of such committee so request, 
two of such professional staff members may be selected for 
appointment by majority vote of the minority members and the 
committee shall appoint any staff members so selected. A staff 
member or members appointed pursuant to a request by the 
minority members of the committee shall be assigned to such 
committee business as such minority members deem advisable. 
Services of professional staff members appointed by majority 
vote of the committee may be terminated by a majority vote of 
the committee and services of professional staff members 
appointed pursuant to a request by the minority members of the 
committee shall be terminated by the committee when a majority 
of such minority members so request. Professional staff members 
authorized by this subsection shall be appointed on a permanent 
basis, without regard to political affiliation, and solely on 
the basis of fitness to perform the duties of their respective 
positions. Such professional staff members shall not engage in 
any work other than committee business and no other duties may 
be assigned to them.

                                 * * *

  (i)(1) Each standing committee of the Senate or House of 
Representatives is authorized, with the approval of the 
Committee on Rules and Administration in the case of standing 
committees of the Senate, or the Committee on House Oversight 
in the case of standing committees of the House of 
Representatives, within the limits of funds made available from 
the contingent fund of the Senate or the applicable accounts of 
the House of Representatives pursuant to resolutions which, in 
the case of the Senate, shall specify the maximum amounts which 
may be used for such purpose, approved by the appropriate 
House, to procure the temporary services (not in excess of one 
year) or intermittent services of individual consultants, or 
organizations thereof, to make studies or advise the committee 
with respect to any matter within its jurisdiction or with 
respect to the administration of the affairs of the committee.
  (2) Such services in the case of individuals or organizations 
may be procured by contract as independent contractors, or in 
the case of individuals by employment at daily rates of 
compensation not in excess of the per diem equivalent of the 
highest gross rate of compensation which may be paid to a 
regulr employee of such committee. Such contracts shall not be 
subject to the provisions of [section 3709 of the Revised 
States (41 U.S.C. 5)] section 6101 of title 41, United States 
Code, or any other provision of law requiring advertising.

Sec. 135a (Act of March 3, 1931, Sec. 1)

  That there is authorized to be appropriated annually to the 
Library of Congress, in addition to appropriations otherwise 
made to said Library, such sums for expenditure under the 
direction of the Librarian of Congress as may be necessary to 
provide books published either in raised characters, on sound-
reproduction recordings or in any other form, and for purchase, 
maintenance, and replacement of reproducers for such sound-
reproduction recordings, for the use of the blind and for other 
physically handicapped residents of the United States, 
including the several States, Territories, insular possessions, 
and the District of Columbia, all of which books, recordings, 
and reproducers will remain the property of the Library of 
Congress but will be loaned to blind and to other physically 
handicapped readers certified by competent authority as unable 
to read normal printed material as a result of physical 
limitations, under regulations prescribed by the Librarian of 
Congress for this service. In the purchase of books in either 
raised characters or in sound-reproduction recordings the 
Librarian of Congress, without reference to the provisions of 
[section 3709 of the Revised Statutes of the United States (41 
U.S.C. 5)] section 6101 of title 41, United States Code shall 
give preference to nonprofit-making institutions or agencies 
whose activities are primarily concerned with the blind and 
with other physically handicapped persons, in all cases where 
the prices or bids submitted by such institutions or agencies 
are, by said Librarian, under all the circumstances and needs 
involved, determined to be fair and reasonable.

Sec. 141a (Omnibus Consolidated and Emergency Supplemental 
                    Appropriations Act, 1999, div. B, title II, ch. 5, 
                    paragraph under heading ``GENERAL PROVISION, THIS 
                    CHAPTER'')

  The responsibility for design, installation, and maintenance 
of security systems to protect the physical security of the 
buildings and grounds of the Library of Congress is transferred 
from the Architect of the Capitol to the Capitol Police Board. 
Such design, installation, and maintenance shall be carried out 
under the direction of the Committee on House Oversight of the 
House of Representatives and the Committee on Rules and 
Administration of the Senate, and without regard to [section 
3709 of the Revised Statutes of the United States (41 U.S.C. 
5)] section 6101 of title 41, United States Code. Any 
alteration to a structural, mechanical, or architectural 
feature of the buildings and grounds of the Library of Congress 
that is required for a security system under the preceding 
sentence may be carried out only with the approval of the 
Architect of the Capitol.

Sec. 471 note (Legislative Branch Appropriations Act, 1996, Sec. 114)

  Sec. 114. Notwithstanding the provisions of [the Federal 
Property and Administrative Services Act of 1949, as amended] 
chapter 5 of title 40, United States Code, or any other 
provision of law, upon the abolition of the Office of 
Technology Assessment, all records and property of the Office 
(including the Unix system, all computer hardware and software, 
all library collections and research materials, and all 
photocopying equipment), shall be under the administrative 
control of the Architect of the Capitol. Not later than 
December 31, 1995, the Architect shall submit a proposal to 
transfer such records and property to appropriate support 
agencies of the Legislative Branch which request such transfer, 
and shall carry out such transfer subject to the approval of 
the Committees on Appropriations of the House of 
Representatives and the Senate.

Sec. 475(a) (Technology Assessment Act of 1972, Sec. 6(a))

  Sec. 6. The Office shall have the authority, within the 
limits of available appropriations, to do all things necessary 
to carry out the provisions of this chapter, including, but 
without being limited to, the authority to--

                                 * * *

          (2) enter into contracts or other arrangements as may 
        be necessary for the conduct of the work of the Office 
        with any agency or instrumentality of the United 
        States, with any State, territory, or possession or any 
        political subdivision thereof, or with any person, 
        firm, association, corporation, or educational 
        institution, with or without reimbursement, without 
        performance or other bonds, and without regard to 
        [section 3709 of the Revised Statutes (41 U.S.C. 5)] 
        section 6101 of title 41, United States Code;
          (3) make advance, progress, and other payments which 
        relate to technology assessment without regard to the 
        provisions of [section 3548 of the Revised Statutes (31 
        U.S.C. 529)] section 3324(a) and (b) of title 31;

Sec. 1108(a)(6) (John C. Stennis Center for Public Service Training and 
                    Development Act, Sec. 119(a)(6))

SEC. 119. ADMINISTRATIVE PROVISIONS.
  (a) In general.--In order to carry out the provisions of this 
chapter, the Center may--

                                 * * *

          (6) enter into contracts, grants, or other 
        arrangements, or modifications thereof, to carry out 
        the provisions of this chapter, and such contracts or 
        modifications thereof may, with the concurrence of two-
        thirds of the members of the Board, be entered into 
        without performance or other bonds, and without regard 
        to [section 3709 of the Revised Statutes (41 U.S.C. 5)] 
        section 6101 of title 41 United States Code;

Sec. 1151 note (Emergency Supplemental Appropriations Act, 
                    Sec. 3011b)(4)(B))

  Sec. 3011. Russian Leadership Program. (a) Purpose.--It is 
the purpose of this section to establish, in accordance with 
the provisions of this section--

                                 * * *

  (b) Grants.--

                                 * * *

          (4) Administration.--

                                 * * *

                  (B) Waiver of competitive bidding.--The 
                Librarian of Congress, after consultation with 
                the Joint Committee on the Library of Congress, 
                may enter into contracts under subparagraph 
                (A)(i) to carry out the pilot program during 
                fiscal years 2000 and 2001 without regard to 
                [section 3709 of the Revised Statutes] section 
                6101 of title 41, United States Code, or any 
                other requirement for competitive contracting 
                or the providing of notice of contracting 
                opportunities.

Sec. 1816a(a) (Legislative Branch Appropriations Act, 2008, 
                    Sec. 1308(a))

  Sec. 1308. Design-Build Contracts.--(a) Notwithstanding any 
other provision of law, the Architect of the Capitol may use 
the two-phase selection procedures authorized in [section 303M 
of the Federal Property and Administrative Services Act of 1949 
(41 U.S.C. 253m)] section 3309 of title 41, United States Code, 
for entering into a contract for the design and construction of 
a public building, facility, or work in the same manner and 
under the same terms and conditions as the head of an executive 
agency under such section.

Sec. 1816b (Public Law 96-558)

  That, notwithstanding any other provision of law, the 
Architect of the Capitol is authorized to contract for personal 
services with any firm, partnership, corporation, association, 
or other legal entity in the same manner as he is authorized to 
contract for personal services with individuals under the 
provisions of [section 3709 of the Revised Statutes of the 
United States (41 U.S.C. 5)] section 6101 of title 41, United 
States Code.

Sec. 1821(a)(1) (Legislative Branch Appropriations Act, 2003, 
                    Sec. 1201(a)(1))

  Sec. 1201. Small purchase contracting authority. (a) In 
general.--Notwithstanding any other provision of law--
          (1) [section 3709 of the Revised Statutes of the 
        United States (41 U.S.C. 5)] section 6101 of title 41, 
        United States Code, shall apply with respect to 
        purchases and contracts for the Architect of the 
        Capitol as if the reference to ``$25,000'' in paragraph 
        (1) of such section were a reference to ``$100,000''; 
        and

Sec. 1964(b) (Legislative Branch Appropriations Act, 1996, Sec. 308(b))

  Sec. 308. (a)(1) Effective October 1, 1995, the unexpended 
balances of appropriations specified in paragraph (2) are 
transferred to the appropriation for general expenses of the 
Capitol Police, to be used for design and installation of 
security systems for the Capitol buildings and grounds.

                                 * * *

  (b) Effective October 1, 1995, the responsibility for design 
and installation of security systems for the Capitol buildings 
and grounds is transferred from the Architect of the Capitol to 
the Capitol Police Board. Such design and installation shall be 
carried out under the direction of the Committee on House 
Oversight of the House of Representatives and the Committee on 
Rules and Administration of the Senate, and without regard to 
[section 3709 of the Revised Statutes of the United States (41 
U.S.C. 5)] section 6101 of title 41. On and after October 1, 
1995, any alteration to a structural, mechanical, or 
architectural feature of the Capitol buildings and grounds that 
is required for a security system under the preceding sentence 
may be carried out only with the approval of the Architect of 
the Capitol.

Sec. 2021 note (Public Law 102-330, Sec. 1(d))

  (a) Acquisition of Property.--(1) The Architect of the 
Capitol, under the direction of the Senate Committee on Rules 
and Administration, may acquire, on behalf of the United States 
Government, by purchase, condemnation, transfer or otherwise, 
as an addition to the United States Capitol Grounds, such real 
property in the District of Columbia as may be necessary to 
carry out the provisions of this Act [this note]. Real property 
acquired for purposes of this Act, may, in the discretion of 
the Architect of the Capitol, extend to the outer face of the 
curbs of such property so acquired, including alleys or parts 
of alleys and streets within the lot lines and curblines 
surrounding such real property, together with any or all 
improvements thereon.

                                 * * *

  (d) Repairs; Expenditures.--The Architect of the Capitol is 
authorized, without regard to the provisions of [section 3709 
of the Revised Statutes of the United States] section 6101 of 
title 41, United States Code, to enter into contracts and to 
make expenditures for (1) necessary repairs to, and 
refurbishment of, the real property and the improvements on 
such real property acquired in accordance with subsection (a), 
including expenditures for personal and other services as may 
be necessary to carry out the purposes of this Act; and (2) for 
the construction on such real property of any facilities 
thereon as authorized under subsection (f). In no event shall 
the aggregate value of contracts and expenditures under this 
subsection exceed an amount equal to that authorized to be 
appropriated pursuant to subsection (e).

Sec. 2146(b)(3) (Legislative Branch Appropriations Act, 1989, 
                    Sec. 307E(b)(3))

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

                                 * * *

  (b)(1) Gifts or bequests of money under subsection (a)(2) of 
this section shall, when received by the Architect, be 
deposited with the Treasurer of the United States, who shall 
credit these deposits as offsetting collections to an account 
entitled ``Botanic Garden, Gifts and Donations''. The gifts or 
bequests described under subsection (a)(2) of this section 
shall be accepted only in the total amount provided in 
appropriations Acts.

                                 * * *

  (3) Receipts, obligations, and expenditures of funds under 
this section shall be included in annual estimates submitted by 
the Architect for the operation and maintenance of the Botanic 
Garden and such funds shall be expended by the Architect, 
without regard to [section 3709 of the Revised Statutes] 
section 6101 of title 41, United States Code, for the purposes 
of this section after approval in appropriation Acts. All such 
sums shall remain available until expended, without fiscal year 
limitation.

            TITLE 5--GOVERNMENT ORGANIZATIONS AND EMPLOYEES

Sec. 571 note (Administrative Dispute Resolution Act, Sec. 3(d)(2)(B))

                                 * * *

  (d) Procedures for Grants and Contracts.--

                                 * * *

          (2)(A) Within 1 year after the date of the enactment 
        of this Act, the Federal Acquisition Regulation shall 
        be amended, as necessary, to carry out this Act and the 
        amendments made by this Act.
          (B) For purposes of this section, the term ``Federal 
        Acquisition Regulation'' means the single system of 
        Government-wide procurement regulation referred to in 
        [section 6(a) of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 405(a))] section 1121(b) of title 
        41, United States Code.

Sec. 595(c)(10)

Sec. 595. Organization of the Conference

                                 * * *

  (c) The Chairman is the chief executive of the Conference. In 
that capacity he has the power to--

                                 * * *

          (10) organize and direct studies ordered by the 
        Assembly or the Council, to contract for the 
        performance of such studies with any public or private 
        persons, firm, association, corporation, or institution 
        under [title III of the Federal Property and 
        Administrative Services Act of 1949, as amended (41 
        U.S.C. 251-260)] the provisions referred to in section 
        171(c) of title 41, and to use from time to time, as 
        appropriate, experts and consultants who may be 
        employed in accordance with section 3109 of this title 
        at rates not in excess of the maximum rate of pay for 
        grade GS-15 as provided in section 5332 of this title;

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

SEC. 206. STUDIES BY GENERAL ACCOUNTING OFFICE ON EXHAUSTION OF 
ADMINISTRATIVE REMEDIES AND ON ASCERTAINMENT OF CERTAIN 
DEPARTMENT OF JUSTICE COSTS.

                                 * * *

  (c) Studies on Statutory Effects on Agency Operations.--
          (1) In general.--Not later than 18 months after the 
        date of enactment of this Act, the General Accounting 
        Office shall conduct--

                                 * * *

                  (B) a study on the effects of [section 13 of 
                the Contract Disputes Act of 1978 (41 U.S.C. 
                612)] section 7108 of title 41, United States 
                Code, on the operations of Federal agencies.

                                 * * *

  (d) Study on Administrative and Personnel Costs Incurred by 
the Department of the Treasury.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this Act, the General Accounting Office 
        shall conduct a study on the extent of any 
        administrative and personnel costs incurred by the 
        Department of the Treasury to account for payments made 
        in accordance with section 2414, 2517, 2672, or 2677 of 
        title 28, United States Code, and under section 1304 of 
        title 31, United States Code, as a result of--

                                 * * *

                  (B) [the Contracts Dispute Act of 1978 (41 
                U.S.C. 601 note; Public Law 95-563)] chapter 71 
                of title 41, United States Code.

Sec. 3109(b)

Sec. 3109. Employment of experts and consultants; temporary or 
                    intermittent

                                 * * *

  (b) When authorized by an appropriation or other statute, the 
head of an agency may procure by contract the temporary (not in 
excess of 1 year) or intermittent services of experts or 
consultants or an organization thereof, including stenographic 
reporting services. Services procured under this section are 
without regard to--

                                 * * *

          (3) [section 6101(b) to (d)] section 6101 of title 
        41, except in the case of stenographic reporting 
        services by an organization.

Sec. 3702 note (National Defense Authorization Act for Fiscal Year 
                    2010, Sec. 1110(e)(2)(G))

SEC. 1110. PILOT PROGRAM FOR THE TEMPORARY ASSIGNMENT OF 
INFORMATION TECHNOLOGY PERSONNEL TO PRIVATE SECTOR 
ORGANIZATIONS.

                                 * * *

  (e) Terms and Conditions for Private Sector Employees.--An 
employee of a private sector organization who is assigned to a 
Department of Defense organization under this section--

                                 * * *

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

                                 * * *

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

Sec. 4105. Non-Government facilities; use of

  The head of an agency, without regard to [section 6101(b) to 
(d)] section 6101 of title 41, may make agreements or other 
arrangements for the training of employees of the agency by, 
in, or through non-Government facilities under this chapter.

Sec. 8709(a)

Sec. 8709. Insurance policies

  (a) The Office of Personnel Management, without regard to 
[section 6101(b) to (d)] section 6101 of title 41, may purchase 
from one or more life insurance companies a policy or policies 
of group life and accidental death and dismemberment insurance 
to provide the benefits specified by this chapter. A company 
must meet the following requirements:

Sec. 8714a(a)

Sec. 8714a. Optional insurance

  (a) Under the conditions, directives, and terms specified in 
sections 8709-8712 of this title, the Office of Personnel 
Management, without regard to [section 6101(b) to (d)]  section 
6101 of title 41, may purchase a policy which shall make 
available to each insured employee equal amounts of optional 
life insurance and accidental death and dismemberment insurance 
in addition to the amounts provided in section 8704(a) of this 
title.

Sec. 8714b(a)

Sec. 8714b. Additional optional life insurance

  (a) Under the conditions, directives, and terms specified in 
sections 8709 through 8712 of this title, the Office of 
Personnel Management, without regard to [section 6101(b) to 
(d)] section 6101 of title 41, may purchase a policy which 
shall make available to each employee insured under section 
8702 of this title amounts of additional optional life 
insurance (without accidental death and dismemberment 
insurance). An employee may elect coverage under this section 
without regard to whether the employee has elected coverage 
under optional insurance available under section 8714a of this 
title.

Sec. 8714c(a)

Sec. 8714c. Optional life insurance on family members

  (a) Under the conditions, directives, and terms specified in 
sections 8709 through 8712 of this title, the Office of 
Personnel Management, without regard to [section 6101(b) to 
(d)] section 6101 of title 41, may purchase a policy which 
shall make available to each employee insured under section 
8702 of this title amounts of optional life insurance (without 
accidental death and dismemberment insurance) on the employee's 
family members.

Sec. 8902(a)

Sec. 8902. Contracting authority

  (a) The Office of Personnel Management may contract with 
qualified carriers offering plans described by section 8903 or 
8903a of this title, without regard to [section 6101(b) to (d)] 
section 6101 of title 41 or other statute requiring competitive 
bidding. Each contract shall be for a uniform term of at least 
1 year, but may be made automatically renewable from term to 
term in the absence of notice of termination by either party.

Sec. 8953

Sec. 8953. Contracting authority

  (a)(1) The Office shall contract with a reasonable number of 
qualified companies for a policy or policies of benefits 
described under section 8954 without regard to [section 6101(b) 
to (d)] section 6101 of title 41 or any other statute requiring 
competitive bidding. An employee organization may contract with 
a qualified company for the purpose of participating with that 
qualified company in any contract between the Office and that 
qualified company.

                                 * * *

  (d)(1) Each contract under this chapter shall require the 
qualified company to agree--

                                 * * *

  (3) For purposes of applying [the Contract Disputes Act of 
1978] chapter 71 of title 41 to disputes arising under this 
chapter between a qualified company and the Office--
          (A) the agency board having jurisdiction to decide an 
        appeal relative to such a dispute shall be such board 
        of contract appeals as the Director of the Office of 
        Personnel Management shall specify in writing [(after 
        appropriate arrangements, as described in section 8(c) 
        of such Act)]; and
          (B) the district courts of the United States shall 
        have original jurisdiction, concurrent with the United 
        States Court of Federal Claims, of any action described 
        in [section 10(a)(1) of such Act] section 7104(b)(1) of 
        title 41 relative to such a dispute.

                                 * * *

8983

Sec. 8983. Contracting authority

  (a)(1) The Office shall contract with a reasonable number of 
qualified companies for a policy or policies of benefits 
described under section 8984 without regard to [section 6101(b) 
to (d)] section 6101 of title 41 or any other statute requiring 
competitive bidding. An employee organization may contract with 
a qualified company for the purpose of participating with that 
qualified company in any contract between the Office and that 
qualified company.

                                 * * *

  (d)(1) Each contract under this chapter shall require the 
qualified company to agree--

                                 * * *

  (3) For purposes of applying [the Contract Disputes Act of 
1978] chapter 71 of title 41 to disputes arising under this 
chapter between a qualified company and the Office--
          (A) the agency board having jurisdiction to decide an 
        appeal relative to such a dispute shall be such board 
        of contract appeals as the Director of the Office of 
        Personnel Management shall specify in writing [(after 
        appropriate arrangements, as described in section 8(c) 
        of such Act)]; and
          (B) the district courts of the United States shall 
        have original jurisdiction, concurrent with the United 
        States Court of Federal Claims, of any action described 
        in [section 10(a)(1) of such Act] section 7104(b)(1) of 
        title 41 relative to such a dispute.

Sec. 9003(a)

Sec. 9003. Contracting authority

  (a) In General.--The Office of Personnel Management shall, 
without regard to [section 6101(b) to (d)] section 6101 of 
title 41 or any other statute requiring competitive bidding, 
contract with one or more qualified carriers for a policy or 
policies of long-term care insurance. The Office shall ensure 
that each resulting contract (hereafter in this chapter 
referred to as a ``master contract'') is awarded on the basis 
of contractor qualifications, price, and reasonable 
competition.

                       TITLE 6--DOMESTIC SECURITY

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

SEC. 309. UTILIZATION OF DEPARTMENT OF ENERGY NATIONAL 
LABORATORIES AND SITES IN SUPPORT OF HOMELAND SECURITY 
ACTIVITIES.

                                 * * *

  (b) Joint Sponsorship Arrangements.--

                                 * * *

          (6) Funding.--The Department shall provide funds for 
        work at the Department of Energy national laboratories 
        or sites, as the case may be, under a joint sponsorship 
        arrangement under this subsection under the same terms 
        and conditions as apply to the primary sponsor of such 
        national laboratory under [section 303(b)(1)(C) of the 
        Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 253(b)(1)(C))] section 3303(a)(1)(C) of 
        title 41, United States Code, or of such site to the 
        extent such section applies to such site as a federally 
        funded research and development center by reason of 
        this subsection.

Sec. 393 (Homeland Security Act of 2002, Sec. 833)

SEC. 833. SPECIAL STREAMLINED ACQUISITION AUTHORITY.

                                 * * *

  (b) Increased Micro-Purchase Threshold for Certain 
Procurements.--
          (1) In general.--The Secretary may designate certain 
        employees of the Department to make procurements 
        described in subsection (a) of this section for which 
        in the administration of [section 32 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 428 the 
        amount specified in subsections (c), (d), and (f) of 
        such section 32] section 1902 of title 41, United 
        States Code, the amount specified in subsections (a), 
        (d), and (e) of such section 1902 shall be deemed to be 
        $7,500.
          (2) Number of employees.--The number of employees 
        designated under paragraph (1) shall be--
                  (A) fewer than the number of employees of the 
                Department who are authorized to make purchases 
                without obtaining competitive quotations, 
                pursuant to [section 32(c) of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 
                428(c))] section 1902(d) of title 41, United 
                States Code;

                                 * * *

  (c) Simplified Acquisition Procedures.--
          (1) In general.--With respect to a procurement 
        described in subsection (a) of this section, the 
        Secretary may deem the simplified acquisition threshold 
        referred to in [section 4(11) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403(11))] section 134 
        of title 41, United States Code, to be--

                                 * * *

  (d) Application of Certain Commercial Items Authorities.--

                                 * * *

          (2) Limitation.--The $5,000,000 limitation provided 
        in [lsection 31(a)(2) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 427(A)(2)) and 
        section 303(g)(1)(B) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 
        253(g)(1)(B))] sections 1901(a)(2) and 3305(a)(2) of 
        title 41, United States Code, shall be deemed to be 
        $7,500,000 for purposes of property or services under 
        the authority of this subsection.

Sec. 421 (Homeland Security Act of 2002, Sec. 851)

SEC. 851. DEFINITION.
  In this part, the term ``executive agency'' has the meaning 
given that term under [section 4(1) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(1))] section 133 of title 
41, United States Code.

Sec. 423(b) (Homeland Security Act of 2006, Sec. 853(b))

SEC. 853. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR 
PROCUREMENT IN SUPPORT OF HUMANITARIAN OR PEACEKEEPING 
OPERATIONS OR CONTINGENCY OPERATIONS

                                 * * *

  (b) Simplified acquisition Threshold Definitions.--In this 
section, the term ``simplified acquisition threshold 
definitions'' means the following:
          (1) [Section 4(11) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 40(11))] Section 134 
        of title 41, United States Code.
          (2)[Section 309(d) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 259(d))] 
        Section 153 of title 41, United States Code.

Sec. 424 (Homeland Security Act of 2006, Sec. 854)

SEC. 854. INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN 
PROCUREMENTS
  In the administration of [section 32 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 428)] section 1902 of title 
41, United States Code, with respect to a procurement referred 
to in section 422 of this title, the amount specified in 
[subsections (d), (d), and (f) of such section 32] subsections 
(a), (d), and (e) of such section 1902 shall be deemed to be 
$7,500.

Sec. 425 (Homeland Security Act of 2006, Sec. 855)

SEC. 855. APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES 
TO CERTAIN PROCUREMENTS
  (a) Authority.--

                                 * * *

          (2) Commercial item laws.--The provisions of law 
        referred to in paragraph (1) are as follows:
                  (A) [Sections 31 and 34 of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 427, 
                430)] Sections 1901 and 1906 of title 41, 
                United States Code.

                                 * * *.

                  (C) [Section 303(g) of the Federal Property 
                and Administrative Services Act of 1949 (41 
                U.S.C. 253(g))] Section 3305 of title 41, 
                United States Code.
  (b) Inapplicability of Limitation on Use of Simplified 
Acquisition Procedures.--
          (1) In general.--The $5,000,000 limitation provided 
        in [section 31(a)(2) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 427(a)(2))] section 
        1901(a)(2) of title 41, United States Code, section 
        2304(g)(1)(B) of title 10, United States Code, and 
        [section 303(g)(1)(B) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 
        253(g)(1)(B))] section 3305(a)(2) of title 41, United 
        States Code, shall not apply to purchases of property 
        or services to which any of the provisions of law 
        referred to in subsection (a) of this section are 
        applied under the authority of this section.

Sec. 426(a) (Homeland Security Act of 2006, Sec. 856(a))

SEC. 856. USE OF STREAMLINED PROCEDURES.
  (a) Required Use.--The head of an executive agency shall, 
when appropriate, use streamlined acquisition authorities and 
procedures authorized by law for a procurement referred to in 
section 422 of this title, including authorities and procedures 
that are provided under the following provisions of law:
          (1) [Federal property and administrative services act 
        of 1949] Provisions referred to in section 171(c) of 
        title 41, united states code.--In [title III of the 
        Federal Property and Administrative Services Act of 
        1949] the provisions referred to in section 171(c) of 
        title 41, United States Code:
                  (A) [Paragraphs (1), (2), (6), and (7) of 
                subsection (c) of section 303 (41 U.S.C. 253)] 
                Paragraphs (1), (2), (6), and (7) of section 
                3304(a) of title 41, United States Code, 
                relating to use of procedures other than 
                competitive procedures under certain 
                circumstances [subject to section 3304(d) of 
                such section] (subject to section 3304(d) of 
                title 41, United States Code).

                                 * * *

          (3) [Office of federal procurement policy act] 
        Provisions referred to in section 172(b) of title 41, 
        united states code._[Paragraphs (1)(B), (1)(D), and (20 
        of section 18(c) of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 416(c))] Paragraphs (1)(B), 
        (1)(D), and (2)(A) of section 1708(b) of title 41, 
        United States Code relating to inapplicability of a 
        requirement for procurement notice.

Sec. 453b(g) (American Recovery and Reinvestment Act of 2009, 
                    Sec. 604(g))

Sec. 604. (a) Requirement.--

                                 * * *

  (g) Applicability to Contracts and Subcontracts for 
Procurement of Commercial Items.--This section is applicable to 
contracts and subcontracts for the procurement of commercial 
items not withstanding [section 34 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 430)] section 1906 of title 
41, United States Code with the exception of commercial items 
listed under subsections (b)(1)(C) and (b)(1)(D) above. For the 
purposes of this section, ``commercial'' shall be as defined in 
the Federal Acquisition Regulation--Part 2.

Sec. 792(c) (Post-Katrina Emergency Management Reform Act of 2006, 
                    Sec. 692(c))

SEC. 692. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

                                 * * *

  (c) Covered Contracts.--This section applies to any cost-
reimbursement type contract or task or delivery order in an 
amount greater than the simplified acquisition threshold (as 
defined by [section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403)] section 134 of title 41, United 
States Code) entered into by the Department to facilitate 
response to or recovery from a natural disaster or act of 
terrorism or other man-made disaster.

Sec. 794 (Post-Katrina Emergency Management Reform Act of 2006, 
                    Sec. 695)

SEC. 695. LIMITATION ON LENGTH OF CERTAIN NON-COMPETITIVE 
CONTRACTS.
  (a) Regulations.--The Secretary shall promulgate regulations 
applicable to contracts described in subsection (c) to restrict 
the contract period of any such contract entered into using 
procedures other than competitive procedures pursuant to the 
exception provided in [paragraph (2) of section 303(c) of the 
Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253(c))] paragraph (2) of section 3304(a) of title 41, 
United States Code, to the minimum contract period necessary--

                                 * * *

  (c) Covered Contracts.--This section applies to any contract 
in an amount greater than the simplified acquisition threshold 
(as defined by [section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403)] section 134 of title 41, United 
States Code) entered into by the Department to facilitate 
response to or recovery from a natural disaster, act of 
terrorism, or other man-made disaster.

                          TITLE 7--AGRICULTURE

Sec. 15b(f)(1)(G) (United States Cotton Futures Act, subsection 
                    (f)(1)(G))

                                 * * *

  (f) Basis Grade Contracts.--
          (1) Conditions.--Each basis grade cotton futures 
        contract shall comply with each of the following 
        conditions:

                                 * * *

                  (G) Provision for tender and settlement in 
                accordance with government classification.--
                Provide that all tenders of cotton and 
                settlements therefor under such contract shall 
                be in accordance with the classification 
                thereof made under the regulations of the 
                Secretary by such officer or officers of the 
                Government as shall be designated for the 
                purpose, and the costs of such classification 
                shall be fixed, assessed, collected, and paid 
                as provided in such regulations and shall be 
                credited to the account referred to in section 
                5 of the United States Cotton Standards Act (7 
                U.S.C. 55). The Secretary may provide by 
                regulation conditions under which cotton 
                samples submitted or used in the performance of 
                services authorized by this act shall become 
                the property of the United States and may be 
                sold and the proceeds credited to the foregoing 
                account: Provided, That such cotton samples 
                shall not be subject to the provisions of [the 
                Federal Property and Administrative Services 
                Act of 1949 (40 U.S.C. 471 et seq.)] chapter 5 
                of title 40, United States Code. The Secretary 
                is authorized to prescribe regulations for 
                carrying out the purposes of this subparagraph 
                and the certificates of the officers of the 
                Government as to the classification of any 
                cotton for the purposes of this subparagraph 
                shall be accepted in the courts of the United 
                States in all suits between the parties to such 
                contract, or their privies, as prima facie 
                evidence of the true classification of the 
                cotton involved.

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

  Sec. 5. (a) The Secretary of Agriculture shall cause to be 
collected such fees and charges for licenses issued to 
classifiers of cotton under section 3 of this Act, for 
determinations made under section 4 of this Act, and for the 
establishment of standards and sale of copies of standards 
under section 6 of this Act, as will cover, as nearly as 
practicable, and after taking into consideration net proceeds 
from any sale of samples, the costs incident to providing 
services and standards under such sections, including 
administrative and supervisory costs. The Secretary may provide 
by regulation conditions under which cotton samples submitted 
or used in the performance of services authorized by this 
chapter shall become the property of the United States and may 
be sold with the proceeds credited to the foregoing account: 
Provided, That such cotton samples shall not be subject to the 
provisions of [the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 471 et seq.)] chapter 5 of title 40, 
United States Code. Any fees or charges, late payment 
penalties, or proceeds from the sales of samples collected 
under this subsection, and any interest earned through the 
investment of such funds shall be credited to the current 
appropriation account that incurs the costs of the services 
provided under this chapter, and shall remain available without 
fiscal year limitation to pay the expenses of the Secretary 
incident to providing services and standards under this Act and 
the United States Cotton Futures Act (7 U.S.C. 15b). Such funds 
may be invested by the Secretary in insured or fully 
collateralized, interest-bearing accounts or, at the discretion 
of the Secretary, by the Secretary of the Treasury in United 
States Government debt instruments.

Sec. 79(c) (United States Grain Standards Act, Sec. 7(c))

  Sec. 7. (a) The Secretary is authorized to cause official 
inspection under the standards provided for in section 4 of 
this Act to be made of all grain required to be officially 
inspected as provided in section 5 of this Act, in accordance 
with such regulations as the Secretary may prescribe.

                                 * * *

  (c) The regulations prescribed by the Secretary under this 
Act shall include provisions for reinspections and appeal 
inspections; cancellation and surrender of certificates 
superseded by reinspections and appeal inspections; and the use 
of standard forms for official certificates. The Secretary may 
provide by regulation that samples obtained by or for employees 
of the Secretary for purposes of official inspection shall 
become the property of the United States, and such samples may 
be disposed of without regard to the provisions of [the Federal 
Property and Administrative Services Act of 1949, as amended] 
chapter 5 of title 40, United States Code.

Sec. 427i(a) (Act of June 29, 1935, Sec. 10(a))

  Sec. 10. (a) In order to carry out further research on 
utilization and associated problems in connection with the 
development and application of present, new, and extended uses 
of agricultural commodities and products thereof authorized by 
section 1 of this title, and to disseminate information 
relative thereto, and in addition to all other appropriations 
authorized by this title, there is authorized to be 
appropriated the following sums:
                  (1) $3,000,000 for the fiscal year ending 
                June 30, 1947, and each subsequent fiscal year.
                  (2) An additional $3,000,000 for the fiscal 
                year ending June 30, 1948, and each subsequent 
                fiscal year.
                  (3) An additional $3,000,000 for the fiscal 
                year ending June 30, 1949, and each subsequent 
                fiscal year.
                  (4) An additional $3,000,000 for the fiscal 
                year ending June 30, 1950, and each subsequent 
                fiscal year.
                  (5) An additional $3,000,000 for the fiscal 
                year ending June 30, 1951, and each subsequent 
                fiscal year.
                  (6) In addition to the foregoing, such 
                additional funds beginning with the fiscal year 
                ending June 30, 1952, and thereafter, as the 
                Congress may deem necessary.
  The Secretary of Agriculture, in accordance with such 
regulations as he deems necessary, and when in his judgment the 
work to be performed will be carried out more effectively, more 
rapidly, or at less cost than if performed by the Department of 
Agriculture, may enter into contracts with such public or 
private organizations or individuals as he may find qualified 
to carry on work under this section without regard to the 
provisions of [section 3709, Revised Statutes] section 6101 of 
title 41, United States Code, and with respect to such 
contracts he may make advance progress or other payments 
without regard to the provisions of section 3324(a) and (b) of 
title 31. Contracts under this section may be made for work to 
continue not more than four years from the date of any such 
contract. Notwithstanding the provisions of section 5 of the 
Act of June 20, 1874, as amended (31 U.S.C. 713), any 
unexpended balances of appropriations properly obligated by 
contracting with an organization as provided in this subsection 
may remain upon the books of the Treasury for not more than 
five fiscal years before being carried to the surplus fund and 
covered into the Treasury. Research authorized under this 
subsection shall be conducted so far as practicable at 
laboratories of the Department of Agriculture. Projects 
conducted under contract with public and private agencies shall 
be supplemental to and coordinated with research of these 
laboratories. Any contracts made pursuant to this authority 
shall contain requirements making the results of research and 
investigations available to the public through dedication, 
assignment to the Government, or such other means as the 
Secretary shall determine.

Sec. 1386 (Agricultural Adjustment Act of 1938, Sec. 386)

  Sec. 386. The provisions of [section 3741 of the Revised 
Statutes, as amended (41 U.S.C., section 22) section 6306 of 
title 41, United States Code and sections 114 and 115 of the 
Criminal Code of the United States (U.S.C., 1934 edition, title 
18, secs. 204 and 205) shall not be applicable to loans or 
payments made under this Act (except under section 383(a)).

Sec. 1514(f) (Agricultural Adjustment Act of 1938, Sec. 514(f))

  Sec. 514.

                                 * * *

  (f) The provisions of [section 3741 of the Revised States, as 
amended (41 U.S.C., section 22) section 6306 of title 41, 
United States Code, shall not apply to any crop insurance 
agreements made under this subtitle.

Sec. 1624(a) (Agricultural Marketing Act of 1946, Sec. 205(a))

  Sec. 205. (a) In carrying out the provisions of title II of 
this Act, the Secretary of Agriculture may cooperate with other 
branches of the Government, State agencies, private research 
organizations, purchasing and consuming organizations, boards 
of trade, chambers of commerce, other associations of business 
or trade organizations, transportation and storage agencies and 
organizations, or other persons or corporations engaged in the 
production, transportation, storing, processing, marketing, and 
distribution of agricultural products whether operating in one 
or more jurisdictions. The Secretary of Agriculture shall have 
authority to enter into contracts and agreements under the 
terms of regulations promulgated by him with States and 
agencies of States, private firms, institutions, and 
individuals for the purpose of conducting research and service 
work, making and compiling reports and surveys, and carrying 
out other functions relating thereto when in his judgment the 
services or functions to be performed will be carried out more 
effectively, more rapidly, or at less cost than if performed by 
the Department of Agriculture. Contracts hereunder may be made 
for work to be performed within a period not more than four 
years from the date of any such contract, and advance, 
progress, or other payments may be made. The provisions of 
[section 3648 (31 U.S.C., sec. 529) and section 3709 (41 U.SC., 
sec. 5 of the Revised Statutes] section 3324(a) and (b) of 
title 31, United States Code, and section 6101 of title 41, 
United States Code, shall not be applicable to contracts or 
agreements made under the authority of this section. Any 
unexpended balances of appropriations obligated by contracts as 
authorized by this section may, notwithstanding the provisions 
of section 5 of the Act of June 20, 1874, as amended (31 
U.S.C., sec. 713), remain upon the books of the Treasury for 
not more than five fiscal years before being carried to the 
surplus fund and covered into the Treasury. Any contract made 
pursuant to this section shall contain requirements making the 
result of such research and investigations available to the 
public by such means as the Secretary of Agriculture shall 
determine.

                                 * * *

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

SEC. 407. ADMINISTRATIVE PROVISIONS.

                                 * * *

  (c) Titles II and III Programs.--

                                 * * *

          (2) Freight procurement.--
                  Notwithstanding the [Federal Property and 
                Administrative Services Act of 1949 (40 U.S.C. 
                471 et seq.)] provisions referred to in section 
                171(b) and (c) of title 41, United States Code, 
                or other similar provisions of law relating to 
                the making or performance of Federal Government 
                contracts, ocean transportation under titles II 
                and III may be procured on the basis of full 
                and open competitive procedures. Resulting 
                contracts may contain such terms and conditions 
                as the Administrator determines are necessary 
                and appropriate.

Sec. 1985(c)(4) (Consolidated Farm and Rural Development Act, 
                    Sec. 335(c)(4))

  Sec. 335. (a) The Secretary is authorized and empowered to 
make advances, without regard to any loan or total indebtedness 
limitation, to preserve and protect the security for or the 
lien or priority of the lien securing any loan or other 
indebtedness owing to, insured by, or acquired by the Secretary 
under this title or under any other programs administered by 
the Farmers Home Administration or the Rural Development 
Administration; to bid for and purchase at any execution, 
foreclosure, or other sale or otherwise to acquire property 
upon which the United States has a lien by reason of a judgment 
or execution arising from, or which is pledged, mortgaged, 
conveyed, attached, or levied upon to secure the payment of, 
any such indebtedness whether or not such property is subject 
to other liens, to accept title to any property so purchased or 
acquired; and to sell, manage, or otherwise dispose of such 
property as hereinafter provided.

                                 * * *

  (c) Sale of Property.--

                                 * * *

          (4) Other law.--The [Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 471 et 
        seq.)] provisions referred to in section 171(b) and (c) 
        of title 41, United States Code, shall not apply to any 
        exercise of authority under this title.

Sec. 2208 note (Agriculture, Rural Development, Food and Drug 
                    Administration, and Related Agencies Appropriations 
                    Act, 1998, Sec. 716(a))

  Sec. 716. Hereafter: (a) Compliance With [Buy American Act] 
Chapter 83 of Title 41, United States Code.--None of the funds 
made available in this Act may be expended by an entity unless 
the entity agrees that in expending the funds the entity will 
comply with [sections 2 through 4 of the Act of March 3, 1933 
(41 U.S.C. 10a-10c; popularly known as the ``Buy American 
Act'')] chapter 83 of title 41, United States Code.

Sec. 2279b (Federal Agricultural Improvement and Reform Act of 1996, 
                    Sec. 921)

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

                                 * * *

  (h) Acquisition and Disposal of Property.--In order to carry 
out the activities of the Graduate School, the Graduate School 
may--

                                 * * *

                  (4) dispose of real and personal property 
                without regard to [the Federal Property and 
                Administrative Services Act of 1949 (40 U.S.C. 
                471 et seq.)] chapter 5 of title 40, United 
                States Code.
  (i) Contract Authority.--The Graduate School may enter into 
contracts without regard to the [Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 471 et seq)] 
provisions referred to in section 171(b) and (cc) of title 41, 
United States Code or any other law that prescribes procedures 
for the procurement of property or services by an executive 
agency.

Sec. 3318(e) (National Agricultural Research, Extension, and Teaching 
                    Policy Act of 1977, Sec. 1472(e))

  Sec. 1472. (a) The purpose of this section is to confer upon 
the Secretary general authority to enter into contracts, 
grants, and cooperative agreements to further the research, 
extension, or teaching programs in the food and agricultural 
sciences of the Department of Agriculture. This authority 
supplements all other laws relating to the Department of 
Agriculture and is not to be construed as limiting or repealing 
any existing authorities.

                                 * * *

  (e) Unless otherwise provided in this title, the Secretary 
may enter into contracts, grants, or cooperative agreements, as 
authorized by this section, without regard to any requirements 
for competition, the provisions of [section 3709 of the Revised 
Statutes (41 U.S.C. 5), and the provisions of section 3648 of 
the Revised Statutes (31 U.S.C. 529)] section 6101 of title 41, 
United States Code, and the provisions of section 3324(a) and 
(b) of title 31, United States Code.

Sec. 5901 note (Farm Security and Rural Investment Act of 2002, 
                    Sec. 6201(b)(2))

SEC. 6201. ALTERNATIVE AGRICULTURAL RESEARCH AND 
COMMERCIALIZATION CORPORATION

                                 * * *

  (b) Disposition of Assets.--On the date of enactment of this 
Act--

                                 * * *

          (2) notwithstanding the [Federal Property and 
        Administrative Services Act of 1949 (40 U.S.C. 471 et 
        seq.) provisions referred to in section 171(b) and (c) 
        of title 41, United States Code, and any other law that 
        prescribes procedures for procurement, use, and 
        disposal of property by a Federal agency, the Secretary 
        shall have authority to manage and dispose of the 
        assets transferred under paragraph (1) in a manner 
        that, to the maximum extent practicable, provides the 
        best value to the Federal Government.

                    TITLE 8--ALIENS AND NATIONALITY

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

SEC. 602. PROTECTION FOR AFGHAN ALLIES.

                                 * * *

  (c) Information Regarding Citizens or Nationals of 
Afghanistan Employed by the United States or Federal 
Contractors in Afghanistan.--

                                 * * *

          (4) Executive agency defined.--In this subsection, 
        the term ``executive agency'' has the meaning given 
        that term in [section 4 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403)] section 133 of 
        title 41, United States Code.

Sec. 1157 note (National Defense Authorization Act for Fiscal Year 
                    2008, Sec. 1248(c)(3))

SEC. 1248. REPORTS.

                                 * * *

  (c) Report on Iraqi Citizens and Nationals Employed by the 
United States Government or Federal Contractors in Iraq.--

                                 * * *

          (3) Executive agency defined.--In this subsection, 
        the term ``executive agency'' has the meaning given the 
        term in [section 4(1) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403(1))] section 133 
        of title 41, United States Code.

Sec. 1231(g)(1) (Immigration and Nationality Act, Sec. 241(g)(1))

SEC. 241. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.

                                 * * *

  (g) Places of Detention.--
          (1) In general.--The Attorney General shall arrange 
        for appropriate places of detention for aliens detained 
        pending removal or a decision on removal. When United 
        States Government facilities are unavailable or 
        facilities adapted or suitably located for detention 
        are unavailable for rental, the Attorney General may 
        expend from the appropriation ``Immigration and 
        Naturalization Service--Salaries and Expenses'', 
        without regard to [section 3709 of the Revised 
        Statutes, as amended (41 U.S.C. 5)] section 6101 of 
        title 41, United States Code, amounts necessary to 
        acquire land and to acquire, build, remodel, repair, 
        and operate facilities (including living quarters for 
        immigration officers if not otherwise available) 
        necessary for detention.

Sec. 1355(a) (Immigration and Nationality Act, Sec. 285(a))

  Sec. 285 (a) Subject to such conditions and limitations as 
the Attorney General shall prescribe, all exclusive privileges 
of exchanging money, transporting passengers or baggage, 
keeping eating houses, or other like privileges in connection 
with any United States immigrant station, shall be disposed of 
to the lowest responsible and capable bidder (other than an 
alien) in accordance with the provision of [section 3709 of the 
Revised Statutes, as amended (41 U.S.C. 5),] section 6101 of 
title 41, United States Code, and for the use of Government 
property in connection with the exercise of such exclusive 
privileges a reasonable rental may be charged. The feeding of 
aliens, or the furnishing of any other necessary service in 
connection with any United States immigrant station, may be 
performed by the Service without regard to the foregoing 
provisions of this subsection if the Attorney General shall 
find that it would be advantageous to the Government in terms 
of economy and efficiency. No intoxicating liquors shall be 
sold at any immigrant station.

Sec. 1363a(a)(1) (Immigration and Nationality Act, Sec. 294(a)(1))

  Sec. 294. (a) In General.--With respect to any undercover 
investigative operation of the Service which is necessary for 
the detection and prosecution of crimes against the United 
States--
          (1) sums appropriated for the Service may be used for 
        leasing space within the United States and the 
        territories and possessions of the United States 
        without regard to the following provisions of law:

                                 * * *

                  (B) [section 373a(a) of the Revised Statutes 
                (41 U.S.C. 11(A))] section 6301(a) and (b)(1) 
                through (3) of title 41, United States Code,
                  (C) [section 305 of the Act of June 30, 1949 
                (63 Stat. 396; 41 U.S,C. 255)] chapter 45 of 
                title 41, United States Code,

                                 * * *

                  (F) [section 3741 of the Revised Statutes (41 
                U.S.C. 22)] section 6306 of title 41, United 
                States Code, and
                  (G) [subsections (a) and (c) of section 304 
                of the Federal Property and Administrative 
                Services Act of 1949 (63 U.S.C. 395; 41 U.S.C. 
                254(a) and (c))] section 3901 of title 41, 
                United States Code;

                         TITLE 10--ARMED FORCES

Public Law 111-350, Sec. 5(b)

SEC. 5. CONFORMING CROSS-REFERENCES.

                                 * * *

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

                                 * * *

          (34) In section [2461(c)(1)] 2461(d)(1), strike 
        ``section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 
        47)'' and substitute ``section 8503 of title 41''.

                                 * * *

          (44) In section [2667(f)(1)] 2667(g)(1), strike 
        ``Notwithstanding [subsection (a)(3)] subsection (a)(2) 
        or subtitle I of title 40 and . . .

                                 * * *

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

                                 * * *

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

Sec. 1073 note (National Defense Authorization Act for Fiscal Year 
                    1997, Sec. 722(b)(2))

SEC. 722. INCLUSION OF DESIGNATED PROVIDERS IN UNIFORMED 
SERVICES HEALTH CARE DELIVERY SYSTEM.

                                 * * *

  (b) Agreements to Provide Managed Health Care Services.--(1) 
After consultation with the other administering Secretaries, 
the Secretary of Defense shall negotiate and enter into an 
agreement with each designated provider under which the 
designated provider will provide health care services in or 
through managed care plans to covered beneficiaries who enroll 
with the designated provider.
  (2) The agreement shall be entered into on a sole source 
basis. The Federal Acquisition Regulation, except for those 
requirements regarding competition, issued pursuant to [section 
25(c) of the Office of Federal Procurement Policy Act (41 
U.S.C. 421(c)] section 1303(a) of title 41, United States Code) 
shall apply to the agreements as acquisitions of commercial 
items.

Sec. 1701 note (National Defense Authorization Act for Fiscal Year 
                    2008, Sec. 847)

SEC. 847. REQUIREMENTS FOR SENIOR DEPARTMENT OF DEFENSE 
OFFICIALS SEEKING EMPLOYMENT WITH DEFENSE CONTRACTORS.
  (a) Requirement to Seek and Obtain Written Opinion.--

                                 * * *

          (5) Administrative actions.--In the event that an 
        official or former official of the Department of 
        Defense described in subsection (c), or a Department of 
        Defense contractor, knowingly fails to comply with the 
        requirements of this subsection, the Secretary of 
        Defense may take any of the administrative actions set 
        forth in [section 27(e) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 423(e))] section 2105 
        of title 41, United States Code that the Secretary of 
        Defense determines to be appropriate.

                                 * * *

  (c) Covered Department of Defense Officials.--An official or 
former official of the Department of Defense is covered by the 
requirements of this section if such official or former 
official--
          (1) participated personally and substantially in an 
        acquisition as defined in [section 4(16) of the Office 
        of Federal Procurement Policy Act] section 131 of title 
        41, United States Code with a value in excess of 
        $10,000,000 and serves or served--

                                 * * *

  (d) Definition.--In this section, the term `post-employment 
restrictions' includes--
          (1) [section 27 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 423)] chapter 21 of title 41, 
        United States Code;

Sec. 2013(a)(1)

Sec. 2013. Training at non-Government facilities

  (a) Authority To Enter Into Agreements.--(1) The Secretary 
concerned, without regard to [section 6101(b)-(d)] section 6101 
of title 41, may make agreements or other arrangements for the 
training of members of the uniformed services under the 
jurisdiction of that Secretary by, in, or through non-
Government facilities.

Sec. 2194(b)(2)

Sec. 2194. Education partnerships

                                 * * *

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

                                 * * *

          (2) notwithstanding the provisions of [subtitle I of 
        title 40 and division C (except sections 3302, 3501(b), 
        3509, 3906, 4710, and 4711) of subtitle I] section 
        171(b) and (c) of title 41 or any provision of law or 
        regulation relating to transfers of surplus property, 
        transferring to the institution any computer equipment, 
        or other scientific equipment, that is--

Sec. 2302. Definitions

  In this chapter:

                                 * * *

          (7) The term ``simplified acquisition threshold'' has 
        the meaning provided that term in section 134 of title 
        41, except that, in the case of any contract to be 
        awarded and performed, or purchase to be made, outside 
        the United States in support of a contingency operation 
        or a humanitarian or peacekeeping operation, the term 
        means an amount equal to two times the amount specified 
        for that term in [section 4 of such Act] section 134 of 
        title 41.

                                 * * *

          (9) The term ``nontraditional defense contractor'', 
        with respect to a procurement or with respect to a 
        transaction authorized under section 2371(a) of this 
        title, means an entity that is not currently performing 
        and has not performed, for at least the one-year period 
        preceding the solicitation of sources by the Department 
        of Defense for the procurement or transaction, any of 
        the following for the Department of Defense:
                  (A) Any contract or subcontract that is 
                subject to full coverage under the cost 
                accounting standards prescribed pursuant to 
                [section 26 of the Office of Federal 
                Procurement Policy Act (41 U.S.C. 422)] chapter 
                15 of title 41 and the regulations implementing 
                [such section] such chapter.

Sec. 2302 note (Ike Skelton National Defense Authorization Act for 
                    Fiscal Year 2011, Sec. Sec. 866, 893(f)(2))

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

                                 * * *

  (b) Contract Requirements.--Each contract entered into under 
the pilot program--

                                 * * *

          (4) shall be--
                  (A) exempt from the requirement to submit 
                certified cost or pricing data under section 
                2306a of title 10, United States Code, and the 
                cost accounting standards under [section 26 of 
                the Office of Federal Procurement Policy Act 
                (41 U.S.C. 422)] chapter 15 of title 41, United 
                States Code; and

                                 * * *

  (e) Definitions.--In this section:

                                 * * *

          (2) The term ``nondevelopmental item''--
                  (A) has the meaning given that term in 
                [section 4(13) of the Office of Federal 
                Procurement Policy Act (41 U.S.C. 403(13))] 
                section 110 of title 41, United States Code; 
                and

SEC. 893. CONTRACTOR BUSINESS SYSTEMS

                                 * * *

  (f) Definitions.--In this section:

                                 * * *

          (2) The term ``covered contractor'' means a 
        contractor that is subject to the cost accounting 
        standards under [section 26 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 422)] chapter 15 of 
        title 41, United States Code.

Sec. 2302 note (National Defense Authorization Act for Fiscal Year 
                    2008, Sec. 862)

SEC. 862. CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS IN 
AREAS OF COMBAT OPERATIONS OR OTHER SIGNIFICANT MILITARY 
OPERATIONS.

                                 * * *

  (b) Contract Clause on Contractors Performing Private 
Security Functions.--
          (1) Requirement under far.--Not later than 180 days 
        after the date of the enactment of this Act, the 
        Federal Acquisition Regulation issued in accordance 
        with [section 25 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 421)] section 1303 of title 41, 
        United States Code shall be revised to require the 
        insertion into each covered contract (or, in the case 
        of a task order, the contract under which the task 
        order is issued) of a contract clause addressing the 
        selection, training, equipping, and conduct of 
        personnel performing private security functions under 
        such contract.

                                 * * *

  (d) Remedies.--The failure of a contractor under a covered 
contract to comply with the requirements of the regulations 
prescribed under subsection (a) or the contract clause inserted 
in a covered contract pursuant to subsection (b), as determined 
by the contracting officer for the covered contract--
          (1) shall be included in appropriate databases of 
        past performance and considered in any responsibility 
        determination or evaluation of the past performance of 
        the contractor for the purpose of a contract award 
        decision, as provided in [section 6(j) of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 405(j)] 
        section 1126 of title 41, United States Code);

Sec. 2302 note (John Warner National Defense Authorization Act for 
                    Fiscal Year 2007, Sec. 832(d)(3))

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

                                 * * *

  (d) Definitions.--In this section:

                                 * * *

          (3) The term ``service employees'' has the meaning 
        provided in [section 8(b) of the Service Contract Act 
        of 1965 (41 U.S.C. 357(b))] section 6701(3) of title 
        41, United States Code.

Sec. 2302 note (Floyd D. Spence National Defense Authorization Act for 
                    Fiscal Year 2001, Sec. 821)

SEC. 821. IMPROVEMENTS IN PROCUREMENTS OF SERVICES.
  (a) Preference for Performance-Based Service Contracting.--
Not later than 180 days after the date of the enactment of this 
Act, the Federal Acquisition Regulation issued in accordance 
with [sections 6 and 25 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 405 and 421)] sections 1121 and 1303 of 
title 41, United States Code shall be revised to establish a 
preference for use of contracts and task orders for the 
purchase of services in the following order of precedence:

                                 * * *

  (e) Definitions.--In this section:

                                 * * *

          (2) The term ``commercial item'' has the meaning 
        given the term in [section 4(12) of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403(12))] 
        section 103 of title 41, United States Code.

Sec. 2302 note (National Defense Authorization Act for Fiscal Year 1996 
                    (Public Law 104-106, Sec. 822)

SEC. 822. DEFENSE FACILITY-WIDE PILOT PROGRAM.

                                 * * *

  (d) Criteria for Designation of Participating Facilities.--
The Secretary shall establish criteria for selecting a facility 
for designation as a participant in the pilot program. In 
developing such criteria, the Secretary shall consider the 
following:
          (1) The number of existing and anticipated contracts 
        and subcontracts performed at the facility--

                                 * * *

                  (B) which are administered with the 
                application of cost accounting standards under 
                [section 26(f) of the Office of Federal 
                Procurement Policy Act (41 U.S.C. 422(f))] 
                section 1502(a) and (b) of title 41, United 
                States Code.

                                 * * *

  (e) Notification.--(1) The Secretary shall transmit to the 
Committee on Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives a written 
notification of each facility proposed to be designated by the 
Secretary for participation in the pilot program.

                                 * * *

  (3)(A) The Secretary shall ensure that the management plan 
for a facility provides for attainment of the following 
objectives:

                                 * * *

  (B) The management plan for a facility shall also require 
that all or substantially all of the contracts to be awarded 
and performed at the facility after the designation of that 
facility under subsection (b), and all or substantially all of 
the subcontracts to be awarded under those contracts and 
performed at the facility after the designation, be--

                                 * * *

          (iii) awarded and administered without the 
        application of cost accounting standards under [section 
        26(f) of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 422(f))] section 1502(a) and (b) of title 
        41, United States Code.
  (f) Exemption From Certain Requirements.--In the case of a 
contract or subcontract that is to be performed at a facility 
designated for participation in the defense facility-wide pilot 
program and that is subject to section 2306a of title 10, 
United States Code, or [section 26(f) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 422(f))] section 1502(a) and 
(b) of title 41, United States Code, the Secretary of Defense 
may exempt such contract or subcontract from the requirement to 
obtain certified cost or pricing data under such section 2306a 
or the requirement to apply mandatory cost accounting standards 
under [such section 26(f)] such section 1502(a) and (b) if the 
Secretary determines that the contract or subcontract--

                                 * * *

  (g) Special Authority.--The authority provided under 
subsection (a) includes authority for the Secretary of 
Defense--

                                 * * *

          (2) to apply to a procurement of items other than 
        commercial items under such program--
                  (A) the authority provided in [section 34 of 
                the Office of Federal Procurement Policy Act 
                (41 U.S.C. 430)] section 1906 of title 41, 
                United States Code to waive a provision of law 
                in the case of commercial items, and

Sec. 2302 note (National Defense Authorization Act for Fiscal Year 
                    1993, Sec. 326(c)(2))

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

                                 * * *

  (c) Definitions.--In this section:

                                 * * *

          (2) The term ``Federal Acquisition Regulation'' means 
        the single Government-wide procurement regulation 
        issued under [section 25(c) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 421(c))] section 
        1303(a) of title 41, United States Code.

Sec. 2302 note (National Defense Authorization Act for Fiscal Years 
                    1992 and 1993, Sec. 806)

SEC. 806. PAYMENT PROTECTIONS FOR SUBCONTRACTORS AND SUPPLIERS.

                                 * * *

  (b) Inapplicability to Certain Contracts.--Regulations 
prescribed under this section shall not apply to a contract for 
the acquisition of commercial items (as defined in [section 
4(12) of the Office of Federal Procurement Policy Act] section 
103 of title 41, United States Code).
  (c) Government-Wide Applicability.--The Federal Acquisition 
Regulatory Council (established by [section 25(a) of the Office 
of Federal Procurement Policy Act)] section 1302(a) of title 
41, United States Code) shall modify the Federal Acquisition 
Regulation (issued pursuant to [section 25(c)(1) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 421(c)(1))] 
section 1303(a)(1) of title 41, United States Code to apply 
Government-wide the requirements that the Secretary is required 
under subsection (a) to prescribe in regulations applicable 
with respect to the Department of Defense contracts.

Sec. 2302 note (National Defense Authorization Act for Fiscal Year 
                    1991, Sec. 831)

SEC. 831. MENTOR-PROTEGE PILOT PROGRAM.

                                 * * *

  [(1) Definitions] (l) Definitions.--In this section:

                                 * * *

          (8) The term ``severely disabled individual'' means 
        an individual who has a physical or mental disability 
        which constitutes a substantial handicap to employment 
        and which, in accordance with criteria prescribed by 
        the Committee for the Purchase From the Blind and Other 
        Severely Handicapped established by [the first section 
        of the Act of June 25, 1938 (41 U.S.C. 46; popularly 
        known as the ``Wagner-O'Day Act'')] section 8502 of 
        title 41, United States Code, is of such a nature that 
        the individual is otherwise prevented from engaging in 
        normal competitive employment.

Sec. 2302c note (Federal Acquisition Streamlining Act of 1994, 
                    Sec. 9002(c))

SEC. 9002. IMPLEMENTATON OF FACNET CAPABILITY IN ARMED 
SERVICES.

                                 * * *

  (c) Effective Date.--A FACNET capability may be implemented 
and used in an agency before the promulgation of regulations 
implementing this section (as provided in section 10002). If 
such implementation and use occurs, the period for submission 
of bids or proposals under [section 18(a)(3)(B) of the Office 
of Federal Procurement Policy Act] section 1708(e)(1)(B) of 
title 41, United States Code, in the case of a solicitation 
through FACNET, may be less than the period otherwise 
applicable under that section, but shall be at least 10 days. 
The preceding sentence shall not be in effect after September 
30, 1995.

Sec. 2304 note (National Defense Authorization Act for Fiscal Year 
                    2008, Sec. 821(b)(2))

SEC. 821. PLAN FOR RESTRICTING GOVERNMENT-UNIQUE CONTRACT 
CLAUSES ON COMMERCIAL CLAUSES.

                                 * * *

  (b) Commercial Contract.--In this section:

                                 * * *

          (2) The term ``commercial item'' has the meaning 
        provided by [section 4(12) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403(12))] section 103 
        of title 41, United States Code.

Sec. 2304 note (National Defense Authorization Act for Fiscal Year 
                    1998, Sec. 848(e)(1))

SEC. 848. REQUIREMENTS RELATING TO MICRO-PURCHASES.

                                 * * *

  (e) Definitions.--In this section:
          (1) The term ``micro-purchase threshold'' has the 
        meaning provided in [section 32 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 428)] section 
        1902 of title 41, United States Code.

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

SEC. 4202. APPLICATION OF SIMPLIFIED PROCEDURES TO CERTAIN 
COMMERCIAL ITEMS.

                                 * * *

  (e) Effective Date.--The authority to issue solicitations for 
purchases of commercial items in excess of the simplified 
acquisition threshold pursuant to the special simplified 
procedures authorized by [section 2304(g)(1) of title 10, 
United States Code, section 303(g)(1) of the Federal Property 
and Administrative Services Act of 1949, and section 31(a) of 
the Office of Federal Procurement Policy Act, as amended by 
this section] section 2304(g)(1) of title 10, United States 
Code, as amended by this section, and sections 1901(a) and 
3305(a) of title 41, United States Code, as in effect on 
February 10, 1996, and amended by this section, shall expire 
January 1, 2012. Contracts may be awarded pursuant to 
solicitations that have been issued before such authority 
expires, notwithstanding the expiration of such authority.

Sec. 2304b note (John Warner National Defense Authorization Act for 
                    Fiscal Year 2007, Sec. 834)

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

                                 * * *

  (b) Civilian Agency Contracts.--
          (1) Waiver authority.--The head of an executive 
        agency may issue a waiver to extend a task order 
        contract entered into under [section 303I of the 
        Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 253i)] section 4105 of title 41, United 
        States Code, for a period not exceeding 10 years, 
        through five one-year options, if the head of the 
        agency determines in writing--

                                 * * *

          (2) Delegation.--The authority of the head of an 
        executive agency under paragraph (1) may be delegated 
        only to the Chief Acquisition Officer of the agency (or 
        the senior procurement executive in the case of an 
        agency for which a Chief Acquisition Officer has not 
        been appointed or designated under [section 16(a) of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 
        414(a))] section 1702(a) and (b)(1) and (2) of title 
        41, United States Code.
          (3) Report.--Not later than April 1, 2007, the 
        Administrator for Federal Procurement Policy shall 
        submit to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Government Reform of the House of Representatives a 
        report on advisory and assistance services. The report 
        shall include the following information:
                  (A) The methods used by executive agencies to 
                identify a contract as an advisory and 
                assistance services contract, as defined in 
                [section 303I(i) of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 
                253i(i))] section 4105(a) of title 41, United 
                States Code.

                                 * * *

  (d) Comptroller General Review.--

                                 * * *

          (2) Defense and civilian agency contracts covered.--
        The report shall cover both of the following:

                                 * * *

                  (B) Advisory and assistance services 
                contracts as defined in [section 303I(i) of the 
                Federal Property and Administrative Services 
                Act of 1949 (41 U.S.C. 253i(i))] section 
                4105(a) of title 41, United States Code.

Sec. 2306a(b)(3)(B)

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

                                 * * *

  (b) Exceptions.--

                                 * * *

          (3) Noncommercial modifications of commercial 
        items.--(A) The exception in paragraph (1)(B) does not 
        apply to cost or pricing data on noncommercial 
        modifications of a commercial item that are expected to 
        cost, in the aggregate, more than the amount specified 
        in subsection (a)(1)(A)(i), as adjusted from time to 
        time under subsection (a)(7), or 5 percent of the total 
        price of the contract (at the time of contract award), 
        whichever is greater.
          (B) In this paragraph, the term ``noncommercial 
        modification'', with respect to a commercial item, 
        means a modification of such item that is not a 
        modification described in [section 4(12)(C)(i) of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 
        403(12)(C)(i))] section 103(3)(A) of title 41.

Sec. 2306a note (Bob Stump National Defense Authorization Act for 
                    Fiscal Year 2003, Sec. 817(e)(1)(B))

SEC. 817. GRANTS OF EXCEPTIONS TO COST OR PRICING DATA 
CERTIFICATION REQUIREMENTS AND WAIVERS OF COST ACCOUNTING 
STANDARDS.

                                 * * *

  (e) Definitions.--In this section:
          (1) The term ``exceptional case exception or waiver'' 
        means either of the following:

                                 * * *

                  (B) A waiver pursuant to [section 26(f)(5)(B) 
                of the Office of Federal Procurement Policy Act 
                (41 U.S.C. 422(f)(5)(B))] section 1502(b)(3)(B) 
                of title 41, United States Code, relating to 
                the applicability of cost accounting standards 
                to contracts and subcontracts.

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

SEC. 803. DEFENSE COMMERCIAL PRICING MANAGEMENT IMPROVEMENT.
  (a) Modification of Pricing Regulations for Certain 
Commercial Items Exempt From Cost or Pricing Data Certification 
Requirements.--(1) The Federal Acquisition Regulation issued in 
accordance with [sections 6 and 25 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 405, 421)] sections 1121 and 
1303 of title 41, United States Code shall be revised to 
clarify the procedures and methods to be used for determining 
the reasonableness of prices of exempt commercial items (as 
defined in subsection (d)).
  (2) The regulations shall, at a minimum, provide specific 
guidance on--

                                 * * *

          (D) the meaning and appropriate application of the 
        term ``purposes other than governmental purposes'' in 
        [section 4(12) of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 403(12))] section 103 of title 
        41, United States Code.

                                 * * *

  (d) Exempt Commercial Items Defined.--For the purposes of 
this section, the term ``exempt commercial item'' means a 
commercial item that is exempt under subsection (b)(1)(B) of 
section 2306a of title 10, United States Code, or [subsection 
(b)(1)(B) of section 304A of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 254b)] section 
3503(a)(2) of title 41, United States Code, from the 
requirements for submission of certified cost or pricing data 
under that section.

Sec. 2314

Sec. 2314. Laws inapplicable to agencies named in section 2303 of this 
                    title

  [Sections 6101(b)-(d)] Sections 6101 and 6304 of title 41 do 
not apply to the procurement or sale of property or services by 
the agencies named in section 2303 of this title.

Sec. 2315 note (National Defense Authorization Act for Fiscal Year 
                    1995, Sec. 1075(b)(3))

SEC. 1075. LIMITATION REGARDING TELECOMMUNICATIONS 
REQUIREMENTS.

                                 * * *

  (b) Definitions.--In this section:

                                 * * *

          (3) The term ``procurement'' has the meaning given 
        such term in [section 4 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403)] section 111 of 
        title 41, United States Code.

Sec. 2321(f)(2)

Sec. 2321. Validation of proprietary data restrictions

                                 * * *

  (f) Presumption of Development Exclusively at Private 
Expense.--(1) Except as provided in paragraph (2), in the case 
of a challenge to a use or release restriction that is asserted 
with respect to technical data of a contractor or subcontractor 
under a contract for commercial items, the contracting officer 
shall presume that the contractor or subcontractor has 
justified the restriction on the basis that the item was 
developed exclusively at private expense, whether or not the 
contractor or subcontractor submits a justification in response 
to the notice provided pursuant to subsection (d)(3). In such a 
case, the challenge to the use or release restriction may be 
sustained only if information provided by the Department of 
Defense demonstrates that the item was not developed 
exclusively at private expense.
  (2) In the case of a challenge to a use or release 
restriction that is asserted with respect to technical data of 
a contractor or subcontractor (other than technical data for a 
commercially available off-the-shelf item as defined in 
[section 35(c) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 431(c))] section 104 of title 41) for a major system 
or a subsystem or component thereof on the basis that the major 
system, subsystem or component was developed exclusively at 
private expense, the challenge to the use or release 
restriction shall be sustained unless information provided by 
the contractor or subcontractor demonstrates that the item was 
developed exclusively at private expense.

Sec. 2323 note (National Defense Authorization Act for Fiscal Year 
                    1999, Sec. 811(d)(2))

SEC. 811. CONTRACT GOAL FOR DISADVANTAGED SMALL BUSINESSES AND 
CERTAIN INSTITUTIONS OF HIGHER EDUCATION.

                                 * * *

  (d) Implementing Regulations.--(1) The Secretary of Defense 
shall propose amendments to the Department of Defense 
Supplement to the Federal Acquisition Regulation that address 
the matters described in subsection (g) and subsection (h)(2) 
of section 2323 of title 10, United States Code.
  (2) Not later than 15 days after the date of the enactment of 
this Act, the Secretary shall publish such proposed amendments 
in accordance with [section 22 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 418b)] section 1707 of title 
41, United States Code. The Secretary shall provide a period of 
at least 60 days for public comment on the proposed amendments.

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

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

                                 * * *

  (d) Effective Date.--The amendments made by this section 
shall apply with respect to costs of compensation of senior 
executives incurred after January 1, 1999, under covered 
contracts (as defined in section 2324(l) of title 10, United 
States Code, and [section 306(l) of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C.256(l))] section 
4301(2) of title 41, United States Code, entered into before, 
on, or after the date of the enactment of this Act.

Sec. 2324 note (John Warner National Defense Authorization Act for 
                    Fiscal Year 2007, Sec. 852(b)(2)(A)(ii))

SEC. 852. REPORT AND REGULATIONS ON EXCESSIVE PASS-THROUGH 
CHARGES.

                                 * * *

  (b) Regulations Required.--

                                 * * *

          (2) Scope of regulations.--The regulations prescribed 
        under this subsection--
                  (A) shall not apply to any firm, fixed-price 
                contract or subcontract (or task or delivery 
                order) that is--

                                 * * *

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

Sec. 2330 note (National Defense Authorization Act for Fiscal Year 
                    2008, Sec. 805(c)(1))

SEC. 805. PROCUREMENT OF COMMERCIAL SERVICES.

                                  * * *

  (c) Time-and-Materials Contracts.--
          (1) Commercial item acquisitions.--The regulations 
        modified pursuant to subsection (a) shall ensure that 
        procedures applicable to time-and-materials contracts 
        and labor-hour contracts for commercial item 
        acquisitions may be used only for the following:
                  (A) Services procured for support of a 
                commercial item, as described in [section 
                4(12)(E) of the Office of Federal Procurement 
                Policy Act (41 U.S.C. 403(12)(E))] section 
                103(5) of title 41, United States Code.

                                 * * *

                  (C) Any other commercial services only to the 
                extent that the head of the agency concerned 
                approves a determination in writing by the 
                contracting officer that--
                          (i) the services to be acquired are 
                        commercial services as defined in 
                        [section 4(12)(F) of the Office of 
                        Federal Procurement Policy Act (41 
                        U.S.C. 403(12)(F))] section 103(6) of 
                        title 41, United States Code;

Sec. 2330 note (National Defense Authorization Act for Fiscal Year 
                    2002, Sec. 801(f)(1))

SEC. 801. MANAGEMENT OF PROCUREMENT OF SERVICES.

                                 * * *

  (f) Definitions.--In this section:
          (1) The term ``senior procurement executive'' means 
        the official designated as the senior procurement 
        executive under [section 16(3) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 414(3))] section 
        1702(c)(1) and (2) of title 41, United States Code.

Sec. 2358 note (National Defense Authorization Act for Fiscal Year 
                    2004, Sec. 1601(c))

SEC. 1601. RESEARCH AND DEVELOPMENT OF DEFENSE BIOMEDICAL 
COUNTERMEASURES.

                                 * * *

  (c) Expedited Procurement Authority.--(1) For any procurement 
of property or services for use (as determined by the 
Secretary) in performing, administering, or supporting 
biomedical countermeasures research and development, the 
Secretary may, when appropriate, use streamlined acquisition 
procedures and other expedited procurement procedures 
authorized in--
          (A) [section 32A of the Office of Federal Procurement 
        Policy Act, as added by section 1443 of this Act] 
        section 1903 of title 41, United States Code; and

                                 * * *

  (2) Notwithstanding paragraph (1) and the provisions of law 
referred to in such paragraph, each of the following provisions 
shall apply to the procurements described in this subsection to 
the same extent that such provisions would apply to such 
procurements in the absence of paragraph (1):

                                 * * *

          (B) [Subsections (a) and (b) of section 7 of the 
        Anti-Kickback Act of 1986 (41 U.S.C. 57(a) and (b))] 
        section 8703(a) of title 41, United States Code.

Sec. 2359a(h)

Sec. 2359a. Technology Transition Initiative

                                 * * *

  (h) Definition.--In this section, the term ``acquisition 
executive'', with respect to a military department or Defense 
Agency, means the official designated as the senior procurement 
executive for that military department or Defense Agency for 
the purposes of [section 16(c) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 414(c))] section 110 of title 
41.

Sec. 2359b

Sec. 2359b. Defense Acquisition Challenge Program

                                 * * *

  (k) Pilot Program for Programs Other Than Major Defense 
Acquisition Programs.--

                                 * * *

          (4) Definitions.--In this subsection:
                  (A) Nondevelopmental item.--The term 
                ``nondevelopmental item'' has the meaning given 
                that term in [section 4 of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 403) 
                section 110 of title 41.

Sec. 2371 note (National Defense Authorization Act for Fiscal Year 
                    1994, Sec. 845)

SEC. 845. AUTHORITY OF THE ADVANCED RESEARCH PROJECTS AGENCY TO 
CARRY OUT CERTAIN PROTOTYPE PROJECTS.
  (a) Authority.--(1) Subject to paragraph (2), the Director of 
the Defense Advanced Research Projects Agency, the Secretary of 
a military department, or any other official designated by the 
Secretary of Defense may, under the authority of section 2371 
of title 10, United States Code, carry out prototype projects 
that are directly relevant to weapons or weapon systems 
proposed to be acquired or developed by the Department of 
Defense, or to improvement of weapons or weapon systems in use 
by the Armed Forces.
  (2) The authority of this section--
          (A) may be exercised for a prototype project that is 
        expected to cost the Department of Defense in excess of 
        $20,000,000 but not in excess of $100,000,000 
        (including all options) only upon a written 
        determination by the senior procurement executive for 
        the agency (as designated for the purpose of [section 
        16(c) of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 414(c))] section 1702(c) of title 41, United 
        States Code or, for the Defense Advanced Research 
        Projects Agency or the Missile Defense Agency, the 
        director of the agency that--

                                 * * *

  (d) Appropriate Use of Authority.--(1) The Secretary of 
Defense shall ensure that no official of an agency enters into 
a transaction (other than a contract, grant, or cooperative 
agreement) for a prototype project under the authority of this 
section unless--

                                 * * *

          (B) no nontraditional defense contractor is 
        participating to a significant extent in the prototype 
        project, but at least one of the following 
        circumstances exists:

                                 * * *

                  (ii) The senior procurement executive for the 
                agency (as designated for the purposes of 
                [section 16(3) of the Office of Federal 
                Procurement Policy Act 41 U.S.C. 414(3))] 
                section 1702(c)(1) and (2) of title 41, United 
                States Code) determines in writing that 
                exceptional circumstances justify the use of a 
                transaction that provides for innovative 
                business arrangements or structures that would 
                not be feasible or appropriate under a 
                contract.

                                 * * *

  (e) Pilot Program for Transition to Follow-on Contracts.--(1) 
The Secretary of Defense is authorized to carry out a pilot 
program for follow-on contracting for the production of items 
or processes developed under prototype projects carried out 
under this section or research projects carried out pursuant to 
section 2371 of title 10, United States Code.
  (2) Under the pilot program--
          (A) a qualifying contract for the procurement of such 
        an item or process, or a qualifying subcontract under a 
        contract for the procurement of such an item or 
        process, may be treated as a contract or subcontract, 
        respectively, for the procurement of commercial items, 
        as defined in [section 4(12) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403(12))] section 103 
        of title 41; and

                                 * * *

  (h) Applicability of Procurement Ethics Requirements.--An 
agreement entered into under the authority of this section 
shall be treated as a Federal agency procurement for the 
purposes of [section 27 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 423) chapter 21 of title 41, United 
States Code.

Sec. 2375 note (Federal Acquisition Streamlining Act of 1994, 
                    Sec. 8304(5))

SEC. 8304. PROVISIONS NOT AFFECTED.
  Nothing in this title shall be construed as modifying or 
superseding, or as intended to impair or restrict, authorities 
or responsibilities under--

                                 * * *

          (5) [the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) 
        chapter 85 of title 41, United States Code.

Sec. 2379

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

  (a) Requirement for Determination and Notification.--A major 
weapon system of the Department of Defense may be treated as a 
commercial item, or purchased under procedures established for 
the procurement of commercial items, only if--
          (1) the Secretary of Defense determines that--
                  (A) the major weapon system is a commercial 
                item, as defined in [section 4(12) of the 
                Office of Federal Procurement Policy Act (41 
                U.S.C. 403(12))] section 103 of title 41; and

                                 * * *

  (b) Treatment of Subsystems as Commercial Items.--A subsystem 
of a major weapon system (other than a commercially available 
off-the-shelf item as defined in [section 35(c) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 431(c))] section 
104 of title 41) shall be treated as a commercial item and 
purchased under procedures established for the procurement of 
commercial items only if--

                                 * * *

          (2) the contracting officer determines in writing 
        that--
                  (A) the subsystem is a commercial item, as 
                defined in [section 4(12) of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 
                403(12))] section 103 of title 41; and

                                 * * *

  (c) Treatment of Components and Spare Parts as Commercial 
Items.--(1) A component or spare part for a major weapon system 
(other than a commercially available off-the-shelf item as 
defined in [section 35(c) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 431(c))] section 104 of title 41) may be 
treated as a commercial item for the purposes of section 2306a 
of this title only if--

                                 * * *

          (B) the contracting officer determines in writing 
        that--
                  (i) the component or spare part is a 
                commercial item, as defined in [section 4(12) 
                of the Office of Federal Procurement Policy Act 
                (41 U.S.C. 403(12))] section 103 of title 41; 
                and

Sec. 2382

Sec. 2382. Consolidation of contract requirements: policy and 
                    restrictions

                                 * * *

  (c) Definitions.--In this section:

                                 * * *

          (2) The term ``multiple award contract'' means--

                                 * * *

                  (B) a multiple award task order contract or 
                delivery order contract that is entered into 
                under the authority of sections 2304a through 
                2304d of this title or [sections 303H through 
                303K of the Federal Property and Administrative 
                Services Act of 1949 (41 U.S.C. 253h through 
                253k)] sections 4101, 4103, 4105, and 4106 of 
                title 41; and

                                 * * *

          (3) The term ``senior procurement executive 
        concerned'' means--
                  (A) with respect to a military department, 
                the official designated under [section 16(c) of 
                the Office of Federal Procurement Policy Act 
                (41 U.S.C. 414(c))] section 1702(c) of title 41 
                as the senior procurement executive for the 
                military department; or

Sec. 2405 note (National Defense Authorization Act for Fiscal Year 
                    1998, Sec. 810(b)(2)(A))

SEC. 810. REPEAL OF LIMITATION ON ADJUSTMENT OF SHIPBUILDING 
CONTRACTS.

                                 * * *

  (b) Applicability.--(1) Except as provided in paragraph (2), 
the repeal made by subsection (a) shall be effective with 
respect to claims, requests for equitable adjustment, and 
demands for payment under shipbuilding contracts that have been 
or are submitted before, on, or after the date of the enactment 
of this Act.
  (2) Section 2405 of title 10, United States Code, as in 
effect immediately before the date of the enactment of this 
Act, shall continue to apply to a contractor's claim, request 
for equitable adjustment, or demand for payment under a 
shipbuilding contract that was submitted before such date if--
          (A) a contracting officer denied the claim, request, 
        or demand, and the period for appealing the decision to 
        a court or board under [the Contract Disputes Act of 
        1978] chapter 71 of title 41, United States Code 
        expired before such date;

Sec. 2410d note (Department of Defense Appropriations Act, 2004, 
                    Sec. 8025(c))

  Sec. 8025. (a) Of the funds for the procurement of supplies 
or services appropriated by this Act and hereafter, qualified 
nonprofit agencies for the blind or other severely handicapped 
shall be afforded the maximum practicable opportunity to 
participate as subcontractors and suppliers in the performance 
of contracts let by the Department of Defense.

                                 * * *

  (c) For the purpose of this section, the phrase ``qualified 
nonprofit agency for the blind or other severely handicapped'' 
means a nonprofit agency for the blind or other severely 
handicapped that has been approved by the Committee for the 
Purchase from the Blind and Other Severely Handicapped under 
[the Javits-Wagner-O'Day Act (41 U.S.C. 46-48)] chapter 85 of 
title 41, United States Code.

Sec. 2410m(b)(1)(B)(ii)

Sec. 2410m. Retention of amounts collected from contractor during the 
                    pendency of contract dispute

                                 * * *

  (b) Period of Availability.--(1) The period of availability 
of an amount under subsection (a), in connection with a claim--

                                 * * *

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

                                 * * *

                  (ii) in the case of a judgment rendered on 
                the claim in an appeal to the Armed Services 
                Board of Contract Appeals under [section 7 of 
                the Contract Disputes Act of 1978] section 
                7104(a) of title 41 or an action in a court of 
                the United States, 180 days after the date on 
                which the judgment becomes final and not 
                appealable.

Sec. 2461(d)(1)

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

                                 * * *

  (d) Exemption for the Purchase of Products and Services of 
the Blind and Other Severely Handicapped Persons.--This section 
shall not apply to a commercial or industrial type function of 
the Department of Defense that--
          (1) is included on the procurement list established 
        pursuant to [section 2 of the Javits-Wagner-O'Day Act 
        (41 U.S.C. 47)] section 8503 of title 41; or

Sec. 2501 note (National Defense Authorization Act for Fiscal Year 
                    2004, Sec. 812(b)(2))

SEC. 812. ASSESSMENT AND ANNUAL REPORT OF UNITED STATES DEFENSE 
INDUSTRIAL BASE CAPABILITIES AND ACQUISITIONS OF ARTICLES, 
MATERIALS, AND SUPPLIES MANUFACTURED OUTSIDE THE UNITED STATES.

                                 * * *

  (b) Use of Existing Data.--(1) At a minimum, with respect to 
each prime contract with a value greater than $25,000 for the 
procurement of defense items and components, the following 
information from existing sources shall be used for purposes of 
the assessment program:

                                 * * *

  (2) The Federal Procurement Data System described in [section 
6(d)(4)(A) of the Office of Federal Procurement Policy Act (41 
U.S.C. 405(d)(4)(A))] section 1122(a)(4)(A) of title 41, United 
States Code, or any successor system, shall collect from 
contracts described in paragraph (1) the information specified 
in that paragraph.

Sec. 2533a note (Department of Defense Appropriations Act. 2005, 
                    Sec. 8118)

  Sec. 8118. Notwithstanding any other provision of law, 
section 2533a(f) of title 10, United States Code, shall 
hereafter not apply to any fish, shellfish, or seafood product. 
This section applies to contracts and subcontracts for the 
procurement of commercial items notwithstanding [section 34 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 430)] 
section 1906 of title 41, United States Code.

Sec. 2533b

Sec. 2533b. Requirement to buy strategic materials critical to national 
                    security from American sources; exceptions

                                 * * *

  (h) Applicability to Acquisitions of Commercial Items.--(1) 
Except as provided in paragraphs (2) and (3), this section 
applies to acquisitions of commercial items, notwithstanding 
[sections 34 and 35 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 430 and 431)] sections 1906 and 1907 of title 
41.
  (2) This section does not apply to contracts or subcontracts 
for the acquisition of commercially available off-the-shelf 
items, as defined in [section 35(c) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 431(c))] section 104 of title 
41, other than--

                                 * * *

  (m) Additional Definitions.--In this section:

                                 * * *

          (2) The term ``component'' has the meaning provided 
        in [section 4 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 403)] section 105 of title 41.
          (3) The term ``acquisition'' has the meaning provided 
        in [section 4 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 403)] section 131 of title 41.

                                 * * *

          (5) The term ``commercially available off-the-shelf'' 
        has the meaning provided in [section 35(c) of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 
        431(c))] section 104 of title 41.

Sec. 2534 note (Ike Skelton National Defense Authorization Act for 
                    Fiscal Year 2011, Sec. 846(a))

SEC. 846. PROCUREMENT OF PHOTOVOLTAIC DEVICES.
  (a) Contract Requirement.--The Secretary of Defense shall 
ensure that each contract described in subsection (b) awarded 
by the Department of Defense includes a provision requiring the 
photovoltaic devices provided under the contract to comply with 
[the Buy American Act (41 U.S.C. 10a et seq.)] chapter 83 of 
title 41, United States Code, subject to the exceptions to 
[that Act] that chapter provided in the Trade Agreements Act of 
1979 (19 U.S.C. 2501 et seq.) or otherwise provided by law.

Sec. 2545(1)

Sec. 2545. Definitions

  In this chapter:
          (1) The term ``acquisition'' has the meaning provided 
        in [section 4(16) of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 403(16))] section 131 of title 
        41.

Sec. 2562(a)(1)

Sec. 2562. Limitation on use of excess construction or fire equipment 
                    from Department of Defense stocks in foreign 
                    assistance or military sales programs

  (a) Limitation.--Excess construction or fire equipment from 
the stocks of the Department of Defense may be transferred to 
any foreign country or international organization pursuant to 
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301 
et seq.) or section 21 of the Arms Export Control Act (22 
U.S.C. 2761) only if--
          (1) no department or agency of the Federal Government 
        (other than the Department of Defense), no State, and 
        no other person or entity eligible to receive excess or 
        surplus property under [subtitle I of title 40 and 
        division C (except sections 3302, 3501(b), 3509, 3906, 
        4710, and 4711) of subtitle I] the provisions of 
        section 171(b) and (c) of title 41 submits to the 
        Defense Reutilization and Marketing Service a request 
        for such equipment during the period for which the 
        Defense Reutilization and Marketing Service accepts 
        such a request; or

Sec. 2576(a)

Sec. 2576. Surplus military equipment: sale to State and local law 
                    enforcement, firefighting, homeland security, and 
                    emergency management agencies

  (a) The Secretary of Defense, under regulations prescribed by 
him, may sell to State and local law enforcement, firefighting, 
homeland security, and emergency management agencies, at fair 
market value, pistols, revolvers, shotguns, rifles of a caliber 
not exceeding .30, ammunition for such firearms, gas masks, 
personal protective equipment, and other appropriate equipment 
which (1) are suitable for use by such agencies in carrying out 
law enforcement, firefighting, homeland security, and emergency 
management activities, and (2) have been determined to be 
surplus property under [subtitle I of title 40 and division C 
(except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of 
subtitle I] the provisions of section 171(b) and (c) of title 
41.

Sec. 2664(a)

Sec. 2664. Limitations on real property acquisition

  (a) Authorization for Acquisition Required.--No military 
department may acquire real property not owned by the United 
States unless the acquisition is expressly authorized by law. 
The foregoing limitation shall not apply to the acceptance by a 
military department of real property acquired under the 
authority of the Administrator of General Services to acquire 
property by the exchange of Government property pursuant to 
[subtitle I of title 40 and title III of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 251 et 
seq.)] the provisions of section 171(b) and (c) of title 41.

Sec. 2667(g)(1)

Sec. 2667. Leases: non-excess property of military departments and 
                    Defense Agencies

                                 * * *

  (g) Special Rules for Base Closure and Realignment 
Property.--(1) Notwithstanding [subsection (a)(2) or subtitle I 
of title 40 and title III of the Federal Property and 
Administrative Services Act of 1949 (to the extent subtitle I 
and title III are inconsistent with this subsection)] chapter 5 
of title 40 (to the extent such chapter is inconsistent with 
this subsection) or subsection (a)(3), pending the final 
disposition of real property and personal property located at a 
military installation to be closed or realigned under a base 
closure law, the Secretary concerned may lease the property to 
any individual or entity under this subsection if the Secretary 
determines that such a lease would facilitate State or local 
economic adjustment efforts.

Sec. 2687 note (Defense Base Closure and Realignment Act of 1990, 
                    Sec. 2905(b)(2)(A)(i))

SEC. 2905. IMPLEMENTATION

                                 * * *

  (b) Management and Disposal of Property.--(1) The 
Administrator of General Services shall delegate to the 
Secretary of Defense, with respect to excess and surplus real 
property, facilities, and personal property located at a 
military installation closed or realigned under this part--

                                 * * *

  (2)(A) Subject to subparagraph (B) and paragraphs (3), (4), 
(5), and (6), the Secretary of Defense shall exercise the 
authority delegated to the Secretary pursuant to paragraph (1) 
in accordance with--
          (i) all regulations governing the utilization of 
        excess property and the disposal of surplus property 
        under [the Federal Property and Administrative Services 
        Act of 1949] chapter 5 of title 40, United States Code; 
        and

Sec. 2687 note (Defense Authorization Amendments and Base Closure and 
                    Realignment Act, Sec. 204(b)(2)(A)(i)

SEC. 204. IMPLEMENTATION

                                 * * *

  (b) Management and Disposal of Property.--(1) The 
Administrator of General Services shall delegate to the 
Secretary, with respect to excess and surplus real property, 
facilities, and personal property located at a military 
installation closed or realigned under this title--

                                 * * *

  (2)(A) Subject to subparagraph (B), the Secretary shall 
exercise authority delegated to the Secretary pursuant to 
paragraph (1) in accordance with--
          (i) all regulations in effect on the date of the 
        enactment of this title governing utilization of excess 
        property and disposal of surplus property under [the 
        Federal Property and Administrative Services Act of 
        1949] chapter 5 of title 40, United States Code; and

Sec. 2691(b)

Sec. 2691. Restoration of land used by permit or lease

                                 * * *

  (b) Unless otherwise prohibited by law or the terms of the 
permit or lease, before restoration of any land under 
subsection (a) is begun, the Secretary concerned shall 
determine, under the provisions of [subtitle I of title 40 and 
division C (except sections 3302, 3501(b), 3509, 3906, 4710, 
and 4711) of subtitle I] section 171(b) and (c) of title 41, 
whether another military department or Federal agency has a use 
for the land in its existing, improved state. During the period 
required to make such a determination, the Secretary may 
provide for maintenance and repair of improvements on the land 
to the standards established for excess property by the 
Administrator of General Services.

Sec. 2696(b)

Sec. 2696. Real property: transfer between armed forces and screening 
                    requirements for other Federal use

                                 * * *

  (b) Screening Requirements for Additional Federal Use.--The 
Secretary concerned may not convey real property that is 
authorized or required to be conveyed, whether for or without 
consideration, by any provision of law enacted after December 
31, 1997, unless the Administrator of General Services has 
screened the property for further Federal use in accordance 
with [subtitle I of title 40 and title III of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 251 
et seq.)] chapter 5 of title 40.

Sec. 2854a(d)(1)

Sec. 2854a. Conveyance of damaged or deteriorated military family 
                    housing; use of proceeds

                                 * * *

  (d) Inapplicability of Certain Property Disposal Laws.--The 
following provisions of law do not apply to the conveyance of a 
family housing facility under this section:
          (1) [Subtitle I of title 40 and division C (except 
        sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of 
        subtitle I] Section 171(b) and (c) of title 41.

Sec. 2878(e)(2)

Sec. 2878. Conveyance or lease of existing property and facilities

                                 * * *

  (e) Inapplicability of Certain Property Management Laws.--The 
conveyance or lease of property or facilities under this 
section shall not be subject to the following provisions of 
law:

                                 * * *

          (2) [Subtitle I of title 40 and title III of the 
        Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 251 et seq.)] chapter 5 of title 40.

Sec. 7305(d)

Sec. 7305. Vessels stricken from Naval Vessel Register: sale

                                 * * *

  (d) Applicability.--This section does not apply to a vessel 
the disposal of which is authorized by [subtitle I of title 40 
and division C (except sections 3302, 3501(b), 3509, 3906, 
4710, and 4711) of subtitle I] the provisions of section 171(b) 
and (c) of title 41, if it is to be disposed of under those 
provisions.

Sec. 7312(f)

Sec. 7312. Service craft stricken from Naval Vessel Register; obsolete 
                    boats: use of proceeds from exchange or sale

                                 * * *

  (f) Inapplicability of Advertising Requirement.--[Section 
3709 of the Revised Statutes (41 U.S.C. 5)] Section 6101 of 
title 41 does not apply to sales of service craft and boats 
described in subsection (a).

Sec. 7420 note (National Defense Authorization Act for Fiscal Year 
                    1996, Sec. 3412(k))

SEC. 3412. SALE OF NAVAL PETROLEUM RESERVE NUMBERED 1.

                                 * * *

  (k) Acquisition of Services.--The Secretary may enter into 
contracts for the acquisition of services required under this 
section under the authority of [paragraph (7) of section 303(c) 
of the Federal Property and Administrative Services Act of 1949 
(41 U.S.C. 253(c))] section 3304(a)(7) of title 41, United 
States Code, except that the notification required under 
subparagraph (B) of such paragraph [now 41 U.S.C. 
3304(a)(7)(B)] for each contract shall be submitted to Congress 
not less than 7 days before the award of the contract.

Sec. 9444(b)(1)

Sec. 9444. Activities performed as auxiliary of the Air Force

                                 * * *

  (b) Forms of Air Force Support.--The Secretary of the Air 
Force may, under subsection (a)--
          (1) give, lend, or sell to the Civil Air Patrol 
        without regard to [subtitle I of title 40 and division 
        C (except sections 3302, 3501(b), 3509, 3906, 4710, and 
        4711) of subtitle I] the provisions of section 171(b) 
        and (c) of title 41--

Sec. 9781(g)(1)

Sec. 9781. Disposition of real property at missile sites

                                 * * *

  (g) If any real property interest of the United States 
described in subsection (a) is not purchased under the 
procedures provided in subsections (a) through (f), such tract 
may be disposed of only in accordance with [subtitle I of title 
40 and division C (except sections 3302, 3501(b), 3509, 3906, 
4710, and 4711) of subtitle I] the provisions of section 171(b) 
and (c) of title 41.

                      TITLE 12--BANKS AND BANKING

Sec. 90 (Section 5153 of the Revised Statutes)

  Sec. 5153. All national banking associations, designated for 
that purpose by the Secretary of the Treasury, shall be 
depositaries of public money, under such regulations as may be 
prescribed by the Secretary; and they may also be employed as 
financial agents of the Government; and they shall perform all 
such reasonable duties, as depositaries of public money and 
financial agents of the Government, as may be required of them. 
The Secretary of the Treasury shall require the associations 
thus designated to give satisfactory security, by the deposit 
of United States bonds and otherwise, for the safe-keeping and 
prompt payment of the public money deposited with them, and for 
the faithful performance of their duties as financial agents of 
the Government: Provided, That the Secretary shall, on or 
before the 1st of January of each year, make a public statement 
of the securities required during that year for such deposits. 
And every association so designated as receiver or depositary 
of the public money shall take and receive at par all of the 
national currency bills, by whatever association issued, which 
have been paid into the Government for internal revenue, or for 
loans or stocks: Provided, That the Secretary of the Treasury 
shall distribute the deposits herein provided for, as far as 
practicable, equitably between the different States and 
sections.

                                 * * *

  Notwithstanding the [Federal Property and Administrative 
Services Act of 1949, as amended] provisions referred to in 
section 171(b) and (c) of title 41, United States Code, the 
Secretary may select associations as financial agents in 
accordance with any process the Secretary deems appropriate and 
their reasonable duties may include the provision of electronic 
benefit transfer services (including State-administered 
benefits with the consent of the States), as defined by the 
Secretary.

Sec. 1141b(7) (Agricultural Marketing Act, Sec. 4(7))

  Sec. 4. The board--

                                 * * *

        (7) may sell at public or private sale to the highest 
        responsible bidder, upon such terms and after such 
        public advertisement as the Farm Credit Administration 
        may deem in the public interest, any property, real or 
        personal, or any interest therein, acquired by the 
        United States on account of or as a result of any loans 
        made from the revolving fund authorized by section 6 of 
        this Act; may lease any such property, pending its 
        sale, on such terms and for such period, not in excess 
        of five years, as the Farm Credit Administration may 
        deem in the public interest; and may incur and pay, 
        from the said revolving fund, obligations and expenses 
        for the operation, upkeep, maintenance, repair, 
        disposition, insurance, and protection of any such 
        property: Provided, That [section 3709 of the Revised 
        Statutes] section 6101 of title 41, United States Code, 
        shall not be construed to apply to any purchase or 
        service on account of such property.

Sec. 1701c(c)(2) (Housing Act of 1948, Sec. 502(c)(2))

  Sec. 502. In carrying out his functions, powers, and duties--

                                 * * *

  (c) The Secretary of Housing and Urban Development, the 
Comptroller of the Currency, and the Federal Deposit Insurance 
Corporation, respectively, may, in addition to and not in 
derogation of any powers and authorities conferred elsewhere in 
this Act--

                                 * * *

          (2) utilize, contract with and act through, without 
        regard to [section 3709 of the Revised Statutes] 
        section 6101 of title 41, United States Code, any 
        Federal, State, or local public agency or 
        instrumentality, educational institution, or non-profit 
        agency or organization with the consent of the agency 
        or organization concerned, and any funds available to 
        said officers for carrying out their respective 
        functions, powers, and duties shall be available to 
        reimburse or pay any such agency or organization; and, 
        whenever in the judgment of any such officer necessary, 
        he may make advance, progress, or other payments with 
        respect to such contracts without regard to the 
        provisions of subsections (a) and (b) of section 3324 
        of title 31; and

Sec. 1701z(d) (Housing and Urban Development Act of 1968, Sec. 108(d))

  Sec. 108. (a) In order to encourage the use of new housing 
technologies in providing decent, safe, and sanitary housing 
for lower income families; to encourage large-scale 
experimentation in the use of such technologies; to provide a 
basis for comparison of such technologies with existing housing 
technologies in providing such housing; and to evaluate the 
effect of local housing codes and zoning regulations on the 
large-scale use of new housing technologies in the provision of 
such housing, the Secretary of Housing and Urban Development 
(hereinafter referred to as the ``Secretary'') shall institute 
a program under which qualified organizations, public and 
private, will submit plans for the development of housing for 
lower income families, using new and advanced technologies, on 
Federal land which has been made available by the Secretary for 
the purposes of this section, or on other land where (1) local 
building regulations permit the construction of experimental 
housing, or (2) State or local law permits variances from 
building regulations in the construction of experimental 
housing for the purpose of testing and developing new building 
technologies.

                                 * * *

  (d) Notwithstanding the provisions of [the Federal Property 
and Administrative Services Act of 1949] chapter 5 of title 40, 
United States Code, any land which is excess property within 
the meaning of [such Act] such chapter and which is determined 
by the Secretary to be suitable in furtherance of the purposes 
of this section may be transferred to the Secretary upon his 
request.

Sec. 1701z-2 (Housing and Urban Development Act of 1970, Sec. 502)

  Sec. 502. (a) The Secretary shall require, to the greatest 
extent feasible, the employment of new and improved 
technologies, methods, and materials in housing construction, 
rehabilitation, and maintenance under programs administered by 
him with a view to reducing costs, and shall encourage and 
promote the acceptance and application of such advanced 
technology, methods, and materials by all segments of the 
housing industry, communities, industries engaged in urban 
development activities, and the general public. To the extent 
feasible, in connection with the construction, major 
rehabilitation, or maintenance of any housing assisted under 
section 501, the Secretary shall assure that there is no 
restraint by contract, building code, zoning ordinance, or 
practice against the employment of new or improved 
technologies, techniques, materials, and methods or of 
preassembled products which may reduce the cost or improve the 
quality of such construction, rehabilitation, and maintenance, 
and therefore stimulate expanded production of housing, except 
where such restraint is necessary to insure safe and healthful 
working and living conditions.

                                 * * *

  (c) Notwithstanding any other provision of law, the Secretary 
is authorized, in connection with projects under this title, to 
acquire, use and dispose of any land and other property 
required for the project as he deems necessary. Notwithstanding 
the provisions of [the Federal Property and Administrative 
Services Act of 1949] chapter 5 of title 40, United States 
Code, any land which is excess property within the meaning of 
[such Act] such chapter and which is determined by the 
Secretary to be suitable in furtherance of the purposes of 
subsection (b) of this section may be transferred to the 
Secretary upon his request.

                                 * * *

  (e) The Secretary is authorized to carry out the functions 
authorized in section 1701z-1 of this title either directly or, 
without regard to [section 3709 of the Revised Statutes] 
section 6101 of title 41, United States Code, by contract or by 
grant. Advance and progress payments may be made under such 
contracts or grants without regard to the provisions of 
subsections (a) and (b) of section 3324 of title 31 and such 
contracts or grants may be made for work to continue for not 
more than four years from the date thereof.

Sec. 1703(c)(2) (National Housing Act, Sec. 2(c)(2))

  Sec. 2. (a) The Secretary is authorized and empowered upon 
such terms and conditions as he may prescribe, to insure banks, 
trust companies, personal finance companies, mortgage 
companies, building and loan associations, installment lending 
companies and other such financial institutions, which the 
Secretary finds to be qualified by experience or facilities and 
approves as eligible for credit insurance, against losses which 
they may sustain as a result of loans and advances of credit, 
and purchases of obligations representing loans and advances of 
credit, made by them for the purpose of (i) financing 
alterations, repairs, and improvements upon or in connection 
with existing structures or manufactured homes, and the 
building of new structures, upon urban, suburban, or rural real 
property (including the restoration, rehabilitation, 
rebuilding, and replacement of such improvements which have 
been damaged or destroyed by earthquake, conflagration, 
tornado, hurricane, cyclone, flood, or other catastrophe), by 
the owners thereof or by lessees of such real property under a 
lease expiring not less than six months after the maturity of 
the loan or advance of credit; and for the purpose of (ii) 
financing the purchase of a manufactured home to be used by the 
owner as his principal residence or financing the purchase of a 
lot on which to place such home and paying expenses reasonably 
necessary for the appropriate preparation of such lot, 
including the installation of utility connections, sanitary 
facilities, and paving, and the construction of a suitable pad, 
or financing only the acquisition of such a lot either with or 
without such preparation by an owner of a manufactured home; 
and for the purpose of financing the preservation of historic 
structures, and, as used in this section, the term ``historic 
structures'' means residential structures which are registered 
in the National Register of Historic Places or which are 
certified by the Secretary of the Interior to conform to 
National Register criteria; and the term ``preservation'' means 
restoration or rehabilitation undertaken for such purposes as 
are approved by the Secretary in regulations issued by him, 
after consulting with the Secretary of the Interior. Other than 
in connection with a manufactured home or a lot on which to 
place such a home (or both), in no case shall the insurance 
granted by the Secretary under this section to any such 
financial institution on loans, advances of credit, and 
purchases made by such financial institution for such purposes 
exceed 10 per centum of the total amount of such loans, 
advances of credit, and purchases. With respect to any loan, 
advance of credit, or purchase, the amount of any claim for 
loss on any such individual loan, advance of credit or purchase 
paid by the Secretary under the provisions of this section to a 
lending institution shall not exceed 90 per centum of such 
loss.

                                 * * *

  (c) Handling and Disposal of Property.--

                                 * * *

          (2) Advertisements for proposals.--[Section 3709 of 
        the Revised Statutes] Section 6101 of title 41 shall 
        not be construed to apply to any contract of hazard 
        insurance or to any purchase or contract for services 
        or supplies on account of such property if the amount 
        thereof does not exceed $25,000.

Sec. 1710(g) (National Housing Act, Sec. 204(g))

  Sec. 204. (a) In General.--

                                 * * *

  (g) Notwithstanding any other provision of law relating to 
the acquisition, handling, or disposal of real property by the 
United States, the Secretary shall have power to deal with, 
complete, rent, renovate, modernize, insure, or sell for cash 
or credit, in his discretion, any properties conveyed to him in 
exchange for debentures and certificates of claim as provided 
in this section; and notwithstanding any other provision of 
law, the Secretary shall also have power to pursue to final 
collection, by way of compromise or otherwise, all claims 
against mortgagors assigned by mortgagees to the Secretary as 
provided in this section: Provided, That [section 3709 of the 
Revised Statutes] section 6101 of title 41, United States Code 
shall not be construed to apply to any contract for hazard 
insurance, or to any purchase or contract for services or 
supplies on account of such property if the amount thereof does 
not exceed $1,000. The Secretary shall, by regulation, carry 
out a program of sales of such properties and shall develop and 
implement appropriate credit terms and standards to be used in 
carrying out the program. The power to convey and to execute in 
the name of the Secretary deeds of conveyance, deeds of 
release, assignments and satisfactions of mortgages, and any 
other written instrument relating to real or personal property 
or any interest therein heretofore or hereafter acquired by the 
Secretary pursuant to the provisions of this chapter, may be 
exercised by an officer appointed by him, without the execution 
of any express delegation of power or power of attorney: 
Provided, That nothing in this subsection shall be construed to 
prevent the Secretary from delegating such power by order or by 
power of attorney, in his discretion, to any officer, agent, or 
employee he may appoint: And provided further, That a 
conveyance or transfer of title to real or personal property or 
an interest therein to the Secretary of Housing and Urban 
Development, his successors and assigns, without identifying 
the Secretary therein, shall be deemed a proper conveyance or 
transfer to the same extent and of like effect as if the 
Secretary were personally named in such conveyance or transfer. 
The Secretary may sell real and personal property acquired by 
the Secretary pursuant to the provisions of this chapter on 
such terms and conditions as the Secretary may prescribe.

Sec. 1713(l) (National Housing Act, Sec. 207(l))

  Sec. 207. (a) As used in this section--

                                 * * *

  (l) Notwithstanding any other provisions of law relating to 
the acquisition, handling, or disposal of real and other 
property by the United States, the Secretary shall also have 
power, for the protection of the interests of the General 
Insurance Fund, to pay out of the General Insurance Fund all 
expenses or charges in connection with, and to deal with, 
complete, reconstruct, rent, renovate, modernize, insure, make 
contracts for the management of, or establish suitable agencies 
for the management of, or sell for cash or credit or lease in 
his discretion, any property acquired by him under this 
section, and notwithstanding any other provision of law, the 
Secretary shall also have power to pursue to final collection 
by way of compromise or otherwise all claims assigned and 
transferred to him in connection with the assignment, transfer, 
and delivery provided for in this section, and at any time, 
upon default, to foreclose on any property secured by any 
mortgage assigned and transferred to or held by him: Provided, 
That [section 3709 of the Revised Statutes] section 6101 of 
title 41, United States Code shall not be construed to apply to 
any contract for hazard insurance, or to any purchase or 
contract for services or supplies on account of such property 
if the amount thereof does not exceed $1,000.

Sec. 1739(g) (National Housing Act, Sec. 604(g))

  Sec. 604. (a) In any case in which the mortgagee under a 
mortgage insured under section 603 shall have foreclosed and 
taken possession of the mortgaged property, in accordance with 
regulations of, and within a period to be determined by, the 
Secretary, or shall, with the consent of the Secretary, have 
otherwise acquired such property from the mortgagor after 
default, the mortgagee shall be entitled to receive the benefit 
of the insurance as hereinafter provided, upon (1) the prompt 
conveyance to the Secretary of title to the property which 
meets the requirements of rules and regulations of the 
Secretary in force at the time the mortgage was insured, and 
which is evidenced in the manner prescribed by such rules and 
regulations; and (2) the assignment to him of all claims of the 
mortgagee against the mortgagor or others, arising out of the 
mortgage transaction or foreclosure proceedings, except such 
claims as may have been released with the consent of the 
Secretary. Upon such conveyance and assignment the obligation 
of the mortgagee to pay the premium charges for insurance shall 
cease and the Secretary shall, subject to the cash adjustment 
hereinafter provided, issue to the mortgagee debentures having 
a total face value equal to the value of the mortgage and a 
certificate of claim, as hereinafter provided. For the purposes 
of this subsection, the value of the mortgage shall be 
determined, in accordance with rules and regulations prescribed 
by the Secretary, by adding to the amount of the original 
principal obligation of the mortgage which was unpaid on the 
date of the institution of foreclosure proceedings, or on the 
date of the acquisition of the property after default other 
than by foreclosure, the amount of all payments which have been 
made by the mortgagee for taxes, ground rents, and water rates, 
which are liens prior to the mortgage, special assessments 
which are noted on the application for insurance or which 
become liens after the insurance of the mortgage, insurance of 
the mortgaged property, and any mortgage insurance premiums and 
by deducting from such total amount any amount received on 
account of the mortgage after either of such dates, and any 
amount received as rent or other income from the property, less 
reasonable expenses incurred in handling the property, after 
either of such dates: Provided, That with respect to mortgages 
which are foreclosed before there shall have been paid on 
account of the principal obligation of the mortgage a sum equal 
to 10 per centum of the appraised value of the property as of 
the date the mortgage was accepted for insurance, there may be 
included in the debentures issued by the Secretary, on account 
of the cost of foreclosure (or of acquiring the property by 
other means) actually paid by the mortgagee and approved by the 
Secretary an amount--

                                 * * *

  (g) Notwithstanding any other provision of law relating to 
the acquisition, handling, or disposal of real property by the 
United States, the Secretary shall have power to deal with, 
complete, rent, renovate, modernize, insure, make contracts or 
establish suitable agencies for the management of, or sell for 
cash or credit, in his discretion, any properties conveyed to 
him in exchange for debentures and certificates of claim as 
provided in this title; and notwithstanding any other provision 
of law, the Secretary shall also have power to pursue to final 
collection, by way of compromise or otherwise, all claims 
against mortgagors assigned by mortgagees to the Secretary as 
provided in this title, except that no suit or action shall be 
commenced by the Secretary against any such mortgagor on 
account of any claim so assigned with respect to mortgages 
insured under section 603 unless such suit or action is 
commenced within six months after the assignment of such claim 
to the Secretary, or within six months after the last payment 
was made to the Secretary with respect to the claim so 
assigned, whichever is later: Provided, That [section 3709 of 
the Revised Statutes] section 6101 of title 41, United States 
Code shall not be construed to apply to any contract for hazard 
insurance, or to any purchase or contract for services or 
supplies on account of such property if the amount thereof does 
not exceed $1,000. The power to convey and to execute in the 
name of the Secretary deeds of conveyances, deeds of release, 
assignments, and satisfactions of mortgages, and any other 
written instrument relating to real property or any interest 
therein heretofore or hereafter acquired by the Secretary 
pursuant to the provisions of this chapter, may be exercised by 
an officer appointed by him, without the execution of any 
express delegation of power or power of attorney: Provided, 
That nothing in this subsection shall be construed to prevent 
the Secretary from delegating such power by order or by power 
of attorney in his discretion, to any officer, agent, or 
employee he may appoint.

Sec. 1747g(h) (National Housing Act, Sec. 708(h))

  Sec. 708. (a) If the aggregate of the amounts paid to the 
investor pursuant to section 707 hereof with respect to a 
project insured under this title shall at any time equal or 
exceed 15 per centum of the established investment, the 
Secretary thereafter shall have the right, after written notice 
to the investor of his intentions so to do, to acquire, as of 
the first day of any operating year, such project in 
consideration of the issuance and delivery to the investor of 
debentures having a total face value equal to 90 per centum of 
the outstanding investment for such operating year. In any such 
case the investor shall be obligated to convey to said 
Secretary title to the project which meets the requirements of 
the rules and regulations of the Secretary in force at the time 
the insurance contract was executed and which is evidenced in 
the manner prescribed by such rules and regulations, and, in 
the event that the investor fails so to do, said Secretary may, 
at his option, terminate the insurance contract.

                                 * * *

  (h) Notwithstanding any other provisions of law relating to 
the acquisition, handling, or disposal of real and other 
property by the United States, the Secretary shall have power, 
for the protection of the General Insurance Fund, to pay out of 
said Fund all expenses or charges in connection with, and to 
deal with, complete, reconstruct, rent, renovate, modernize, 
insure, make contracts for the management of, or establish 
suitable agencies for the management of, or sell for cash or 
credit or lease in his discretion, in whole or in part, any 
project acquired pursuant to this title; and, notwithstanding 
any other provisions of law, the Secretary shall also have 
power to pursue to final collection by way of compromise or 
otherwise all claims acquired by, or assigned or transferred 
to, him in connection with the acquisition or disposal of any 
project pursuant to this title: Provided, That [section 3709 of 
the Revised Statutes] section 6101 of title 41, United States 
Code, shall not be construed to apply to any contract for 
hazard insurance, or to any purchase or contract for services 
or supplies on account of any project acquired pursuant to this 
subchapter if the amount of such purchase or contract does not 
exceed $1,000.

Sec. 1747k (National Housing Act, Sec. 712)

  Sec. 712. The Secretary may make such rules and regulations 
as may be necessary or desirable to carry out the provisions of 
this subchapter, including, without limiting the foregoing, 
rules and regulations relating to the maintenance by the 
investor of books, records, and accounts with respect to the 
project and the examination of such books, records, and 
accounts by representatives of the Secretary; the submission of 
financial and operating statements and the approval thereof; 
the submission of claims for payments under insurance 
contracts, the proof of the validity of such claims, and the 
payment or disallowance thereof; the increase of the 
established investment if the investor shall make capital 
improvements or additions to the project; the decrease of the 
established investment if the investor shall sell part of the 
project; and the reduction of the outstanding investment for 
the appropriate operating year or operating years pending the 
restoration of dwelling or nondwelling facilities damaged by 
fire or other casualty. With respect to any investor which is 
subject to supervision or regulation by a State banking, 
insurance, or other State department or agency, the Secretary 
may, in carrying out any of his supervisory and regulatory 
functions with respect to projects insured under this 
subchapter, utilize, contract with, and act through, such 
department or agency and without regard to [section 3709 of the 
Revised Statutes] section 6101 of title 41, United States Code.

Sec. 1750c(f) (National Housing Act, Sec. 904(f))

  Sec. 904. (a) In any case in which the mortgagee under a 
mortgage insured under section 903 title shall have foreclosed 
and taken possession of the mortgaged property, in accordance 
with regulations of, and within a period to be determined by, 
the Secretary, or shall, with the consent of the Secretary, 
have otherwise acquired such property from the mortgagor after 
default, the mortgagee shall be entitled to receive the benefit 
of the insurance as hereinafter provided, upon (1) the prompt 
conveyance to the Secretary of title to the property which 
meets the requirements of rules and regulations of the 
Secretary in force at the time the mortgage was insured, and 
which is evidenced in the manner prescribed by such rules and 
regulations; and (2) the assignment to him of all claims of the 
mortgagee against the mortgagor or others, arising out of the 
mortgage transaction or foreclosure proceedings, except such 
claims as may have been released with the consent of the 
Secretary. Upon such conveyance and assignment the obligation 
of the mortgagee to pay the premium charges for insurance shall 
cease and the Secretary shall, subject to the cash adjustment 
hereinafter provided, issue to the mortgagee debentures having 
a total face value equal to the value of the mortgage and a 
certificate of claim, as hereinafter provided. For the purposes 
of this subsection, the value of the mortgage shall be 
determined, in accordance with rules and regulations prescribed 
by the Secretary, by adding to the amount of the original 
principal obligation of the mortgage which was unpaid on the 
date of the institution of foreclosure proceedings, or on the 
date of the acquisition of the property after default other 
than by foreclosure, the amount of all payments which have been 
made by the mortgagee for taxes, ground rents, and water rates, 
which are liens prior to the mortgage, special assessments 
which are noted on the application for insurance or which 
become liens after the insurance of the mortgage, insurance of 
the mortgaged property, and any mortgage insurance premiums and 
by deducting from such total amount any amount received on 
account of the mortgage after either of such dates and any 
amount received as rent or other income from the property, less 
reasonable expenses incurred in handling the property, after 
either of such dates: Provided, That with respect to mortgages 
which are foreclosed before there shall have been paid on 
account of the principal obligation of the mortgage a sum equal 
to 10 per centum of the appraised value of the property as of 
the date the mortgage was accepted for insurance, there may be 
included in the debentures issued by the Secretary, on account 
of the cost of foreclosure (or of acquiring the property by 
other means) actually paid by the mortgagee and approved by the 
Secretary an amount--

                                 * * *

  (f) Notwithstanding any other provision of law relating to 
the acquisition, handling, or disposal of real property by the 
United States, the Secretary shall have power to deal with, 
complete, rent, renovate, modernize, insure, make contracts or 
establish suitable agencies for the management of, or sell for 
cash or credit, in his discretion, any properties conveyed to 
him in exchange for debentures and certificates of claim as 
provided in this section; and, notwithstanding any other 
provision of law, the Secretary shall also have power to pursue 
to final collection, by way of compromise or otherwise, all 
claims against mortgagors assigned by mortgagees to the 
Secretary as provided in this subchapter: Provided, That 
[section 3709 of the Revised Statututes] section 6101 of title 
41, United States Code shall not be construed to apply to any 
purchase or contract for services or supplies on account of 
such property if the amount thereof does not exceed $1,000. The 
power to convey and to execute in the name of the Secretary 
deeds of conveyances, deeds of release, assignments, and 
satisfactions of mortgages, and any other written instrument 
relating to real property or any interest therein heretofore or 
hereafter acquired by the Secretary pursuant to the provisions 
of this chapter, may be exercised by an officer appointed by 
him, without the execution of any express delegation of power 
or power of attorney: Provided, That nothing in this subsection 
shall be construed to prevent the Secretary from delegating 
such power by order or by power of attorney in his discretion, 
to any officer, agent, or employee he may appoint.

Sec. 1788(b) (Federal Credit Union Act, Sec. 208(b))

  Sec. 208. (a)(1) In order to reopen a closed insured credit 
union or in order to prevent the closing of an insured credit 
union which the Board has determined is in danger of closing or 
in order to assist in the voluntary liquidation of a solvent 
credit union, the Board, in its discretion, is authorized to 
make loans to, or purchase the assets of, or establish accounts 
in such insured credit union upon such terms and conditions as 
it may prescribe. Except with respect to the voluntary 
liquidation of a solvent credit union, such loans shall be made 
and such accounts shall be established only when, in the 
opinion of the Board, such action is necessary to protect the 
fund or the interests of the members of the credit union.

                                 * * *

  (b) For the protection of the Fund, the Board, without regard 
to the [Federal Property and Administrative Services Act of 
1949] provisions referred to in section 171(b) and (c) of title 
41, United States Code, may--
          (1) deal with, complete, reconstruct, rent, renovate, 
        modernize, insure, make contracts for the management 
        of, sell for cash or credit, or lease, in its 
        discretion, any real property acquired or held by it 
        under this section; and
          (2) assign or sell at public or private sale, or 
        otherwise dispose of, any evidence of debt, contract, 
        claim, personal property, or security assigned to or 
        held by it under this section.
[Section 3709 of the Revised Statutes of the United States] 
Section 6101 of title 41, United States Code shall not apply to 
any purchase or contract for services or supplies made or 
entered into by the Board under this section if the amount 
thereof does not exceed $1,000, or to any contract for hazard 
insurance on any real property acquired or held by it under 
this section.

Sec. 1827(g) (Federal Deposit Insurance Act, Sec. 17(g))

  (a) Annual reports on the Deposit Insurance Fund and the 
FSLIC Resolution Fund.--

                                 * * *

  (g) For the purpose of conducting such audit the Comptroller 
General is authorized in his discretion to employ by contract, 
without regard to [section 3709 of the Revised Statutues] 
section 6101 of title 41, United States Code, professional 
services of firms and organizations of certified public 
accountants, with the concurrence of the Corporation, for 
temporary periods or for special purposes. The Corporation 
shall reimburse the Government Accountability Office for the 
cost of any such audit as billed therefor by the Comptroller 
General, and the Government Accountability Office shall deposit 
the sums so reimbursed into the Treasury as miscellaneous 
receipts.

Sec. 4516(h)(3) (Federal Housing Enterprises Financial Safety and 
                    Soundness Act of 1992, Sec. 1316(h)(3))

SEC. 1316. FUNDING.

                                 * * *

  (h) Audit of Agency.--

                                 * * *

          (3) Assistance and costs.--For the purpose of 
        conducting an audit under this subsection, the 
        Comptroller General may, in the discretion of the 
        Comptroller General, employ by contract, without regard 
        to [section 3709 of the Revised Statutes of the United 
        States (41 U.S.C. 5)] section 6101 of title 41, United 
        States Code, professional services of firms and 
        organizations of certified public accountants for 
        temporary periods or for special purposes. Upon the 
        request of the Comptroller General, the Director of the 
        Agency shall transfer to the Government Accountability 
        Office from funds available, the amount requested by 
        the Comptroller General to cover the full costs of any 
        audit and report conducted by the Comptroller General. 
        The Comptroller General shall credit funds transferred 
        to the account established for salaries and expenses of 
        the Government Accountability Office, and such amount 
        shall be available upon receipt and without fiscal year 
        limitation to cover the full costs of the audit and 
        report.

Sec. 5416 (Enhancing Financial Institution Safety and Soundness Act of 
                    2010, Sec. 319)

SEC. 319. CONTRACTING AND LEASING AUTHORITY.
  Notwithstanding the [Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 251 et seq.)] provisions 
referred to in section 171(b) and (c) of title 41, United 
States Code or any other provision of law (except the full and 
open competition requirements of the Competition in Contracting 
Act), the Office of the Comptroller of the Currency may--
          (1) enter into and perform contracts, execute 
        instruments, and acquire real property (or property 
        interest) as the Comptroller deems necessary to carry 
        out the duties and responsibilities of the Office of 
        the Comptroller of the Currency; and
          (2) hold, maintain, sell, lease, or otherwise dispose 
        of the property (or property interest) acquired under 
        paragraph (1).

Sec. 5497(a)(5)(C) (Consumer Financial Protection Act of 2010, 
                    Sec. 1017(a)(5)(C))

SEC. 1017. FUNDING; PENALTIES AND FINES
  (a) Transfer of Funds From Board Of Governors.--

                                 * * *

          (5) Audit of the bureau.--

                                 * * *

                  (C) Assistance and costs.--For the purpose of 
                conducting an audit under this subsection, the 
                Comptroller General may, in the discretion of 
                the Comptroller General, employ by contract, 
                without regard to [section 3709 of the Revised 
                Statutes of the United States (41 U.S.C. 5)] 
                section 6101 of title 41, United States Code, 
                professional services of firms and 
                organizations of certified public accountants 
                for temporary periods or for special purposes. 
                Upon the request of the Comptroller General, 
                the Director of the Bureau shall transfer to 
                the Government Accountability Office from funds 
                available, the amount requested by the 
                Comptroller General to cover the full costs of 
                any audit and report conducted by the 
                Comptroller General. The Comptroller General 
                shall credit funds transferred to the account 
                established for salaries and expenses of the 
                Government Accountability Office, and such 
                amount shall be available upon receipt and 
                without fiscal year limitation to cover the 
                full costs of the audit and report.

                         TITLE 14--COAST GUARD

Public Law 111-350, Sec. 5(c)

SEC. 5. CONFORMING CROSS-REFERENCES.

                                 * * *

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

                                 * * *

          (2) In section [93(h)] 93(a)(8), strike ``title III 
        of the Federal Property and Administrative Services Act 
        of 1949 (41 U.S.C. 251 et seq.)'' and substitute 
        ``division C (except sections 3302, 3501(b), 3509, 
        3906, 4710 and 4711) of subtitle I of title 41''

                                 * * *

          [(4) In section 685(c)(1), strike ``title III of the 
        Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 251 et seq.)'' and substitute 
        ``division C (except sections 3302, 3501(b), 3509, 
        3906, 4710 and 4711) of subtitle I of title 41''.]

Sec. 92(d)

Sec. 92. Secretary; general powers

  For the purpose of executing the duties and functions of the 
Coast Guard the Secretary may within the limits of 
appropriations made therefor:

                                 * * *

          (d) design or cause to be designed, cause to be 
        constructed, accept as gift, or otherwise acquire 
        vessels, and subject to applicable regulations under 
        [subtitle I of title 40 and division C (except sections 
        3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle 
        I of title 41] chapter 5 of title 40 dispose of them;

Sec. 93(a)(8)

Sec. 93. Commandant; general powers

  (a) For the purpose of executing the duties and functions of 
the Coast Guard the Commandant may:

                                 * * *

          (8) design or cause to be designed, cause to be 
        constructed, accept as gift, or otherwise acquire 
        patrol boats and other small craft, equip, operate, 
        maintain, supply, and repair such patrol boats, other 
        small craft, aircraft, and vehicles, and subject to 
        applicable regulations under [subtitle I of title 40 
        and division C (except sections 3302, 3501(b), 3509, 
        3906, 4710, and 4711) of subtitle I of title 41] 
        chapter 5 of title 40 dispose of them;

Sec. 576(2)

Sec. 576. Acquisition approval authority

  Nothing in this subchapter shall be construed as altering or 
diminishing in any way the statutory authority and 
responsibility of the Secretary of the department in which the 
Coast Guard is operating, or the Secretary's designee, to--

                                 * * *

          (2) manage department acquisition activities and act 
        as the Acquisition Decision Authority with regard to 
        the review or approval of a Coast Guard Level 1 or 
        Level 2 acquisition project or program, as required by 
        [section 16 of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 414)] section 1702 of title 41 and 
        related implementing regulations and directives.

Sec. 641(a)

Sec. 641. Disposal of certain material

  (a) The Commandant subject to applicable regulations under 
[subtitle I of title 40 and division C (except sections 3302, 
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41] 
chapter 5 of title 40 may dispose of, with or without charge, 
to the Coast Guard Auxiliary, including any incorporated unit 
thereof, to the sea-scout service of the Boy Scouts of America, 
and to any public body or private organization not organized 
for profit having an interest therein for historical or other 
special reasons, such obsolete or other material as may not be 
needed for the Coast Guard.

                      TITLE 15--COMMERCE AND TRADE

Sec. 205c (Metric Conversion Act of 1975, Sec. 4)

  Sec. 4. As used in this Act, the term.--

                                 * * *

          (5) ``full and open competition'' has the same 
        meaning as defined in [section 403(6) of title 41, 
        United States Code] section 107 of title 41, United 
        States Code;

                                 * * *

          (8) ``cost or pricing data or price analysis'' [has 
        the meaning given such terms in section 304A of the 
        Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 254b)] has the meaning given the term 
        ``cost or pricing data'' in section 3501(a) of title 
        41, United States Code; and

Sec. 205f(4) (Metric Conversion Act of 1975, Sec. 7(4))

  Sec. 7. In carrying out its duties under this Act, the Board 
may.--

                                 * * *

          (4) enter into contracts, in accordance with the 
        [Federal Property and Administrative Services Act of 
        1949, as amended (40 U.S.C. 471 et seq.)] provisions 
        referred to in secion 171(b) and (c) of title 41, 
        United States Code, with Federal or State agencies, 
        private firms, institutions, and individuals for the 
        conduct of research or surveys, the preparation of 
        reports, and other activities necessary to the 
        discharge of its duties;

Sec. 205l(a) (Metric Conversion Act of 1975, Sec. 14(a))

SEC. 14. IMPLEMENTATION IN ACQUISITION OF CONSTRUCTIN SERVICES 
AND MATERIALS FOR FEDERAL FACILITIES.
  (a) In General.--Construction services and materials for 
Federal facilities shall be procured in accordance with the 
policies and procedures set forth in chapter 137 of title 10, 
United States Code, section 2377 of title 10, United States 
Code, [title III of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 251 et seq.)] the provisions 
referred to in section 171(c) of title 41, United States Code, 
and section 3(2) of this Act. Determination of a design method 
shall be based upon preliminary market research as required 
under section 2377(c) of title 10, United States Code, and 
[section 314B(c) of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 264b(c))] section 3307(d) of 
title 41, United States Code. If the requirements of this Act 
conflict with the provisions of section 2377 of title 10, 
United States Code, or [section 314B of the Federal Property 
and Administrative Services Act of 1949] subsections (b) 
through (d) of section 3307 of title 41, United States Code, 
then the provisions of [2377 or 314B] section 2377 or 
subsections (b) through (d) of section 307 shall take 
precedence.

Sec. 313 note (Act of June 16, 1948, Sec. 2)

  Sec. 2. The Chief of the Weather Bureau is empowered to make 
such expenditures at the seat of government and elsewhere as 
may be necessary to carry out the purposes of this Act and as 
from time to time may be appropriated for by Congress, 
including expenditures for the development and purchase of 
special meteorological instruments and other equipment 
(including motor vehicles and aircraft), without regard to the 
provisions of [section 3709 of the Revised Statutes] section 
6101 of title 41, United States Code. There is hereby 
authorized to be appropriated such sums as are necessary for 
the purpose of carrying out the provisions of this Act.

Sec. 631 note (Small Business Reauthorization Act of 1997, Sec. 417(a))

SEC. 417. DEADLINES FOR ISSUANCE OF REGULATIONS.
  (a) Proposed Regulations.--Proposed amendments to the Federal 
Acquisition Regulation or proposed Small Business 
Administration regulations under this subtitle and the 
amendments made by this subtitle shall be published not later 
than 120 days after the date of enactment of this Act for the 
purpose of obtaining public comment pursuant to [section 22 of 
the Office of Federal Procurement Policy Act (41 U.S.C. 418b)] 
section 1707 of title 41, United States Code, or chapter 5 of 
title 5, United States Code, as appropriate. The public shall 
be afforded not less than 60 days to submit comments.

Sec. 632 (Small Business Act, Sec. 3)

  Sec. 3. (a)(1) For the purposes of this Act, a small-business 
concern, including but not limited to enterprises that are 
engaged in the business of production of food and fiber, 
ranching and raising of livestock, agriculture, and all other 
farming and agricultural related industries, shall be deemed to 
be one which is independently owned and operated and which is 
not dominant in its field of operation: Provided, That 
notwithstanding any other provision of law, an agricultural 
enterprise shall be deemed to be a small business concern if it 
(including its affiliates) has annual receipts not in excess of 
$750,000.

                                 * * *

  (m) For purposes of this Act, the term ``simplified 
acquisition threshold'' has the meaning given such term in 
[section 4(11) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 403(11))] section 134 of title 41, United States 
Code.

                                 * * *

  (v) Multiple Award Contract.--In this Act, the term 
``multiple award contract'' means--
          (1) a multiple award task order contract or delivery 
        order contract that is entered into under the authority 
        of [sections 303H through 303K of the Federal Property 
        and Administrative Services Act of 1949 (41 U.S.C. 25h 
        through 253k)] sections 4101, 4103, 4105, and 4106 of 
        title 41, United States Code; and

Sec. 634 (Small Business Act, Sec. 5)

  Sec. 5. (a) The Administration shall have power to adopt, 
alter, and use a seal, which shall be judicially noticed. The 
Administrator is authorized, subject to the civil service and 
classification laws, to select, employ, appoint, and fix the 
compensation of such officers, employees, attorneys, and agents 
as shall be necessary to carry out the provisions of this 
chapter; to define their authority and duties; and to pay the 
costs of qualification of certain of them as notaries public. 
The Administration, with the consent of any board, commission, 
independent establishment, or executive department of the 
Government, may avail itself on a reimbursable or 
nonreimbursable basis of the use of information, services, 
facilities (including any field service thereof), officers, and 
employees thereof, in carrying out the provisions of this Act.

                                 * * *

  (b) In the performance of, and with respect to, the 
functions, powers, and duties vested in him by this Act the 
Administrator may--

                                 * * *

          (4) pursue to final collection, by way of compromise 
        or otherwise, all claims against third parties assigned 
        to the Administrator in connection with loans made by 
        him. This shall include authority to obtain deficiency 
        judgments or otherwise in the case of mortgages 
        assigned to the Administrator. [Section 3709 of the 
        Revised Statutes, as amended (41 U.S.C., sec. 5)] 
        Section 6101 of title 41, United States Code, shall not 
        be construed to apply to any contract of hazard 
        insurance or to any purchase or contract for services 
        or supplies on account of property obtained by the 
        Administrator as a result of loans made under this 
        chapter if the premium therefor or the amount thereof 
        does not exceed $1,000. The power to convey and to 
        execute in the name of the Administrator deeds of 
        conveyance, deeds of release, assignments and 
        satisfactions of mortgages, and any other written 
        instrument relating to real property or any interest 
        therein acquired by the Administrator pursuant to the 
        provisions of this Act may be exercised by the 
        Administrator or by any officer or agent appointed by 
        him without the execution of any express delegation of 
        power or power of attorney. Nothing in this section 
        shall be construed to prevent the Administrator from 
        delegating such power by order or by power of attorney, 
        in his discretion, to any officer or agent he may 
        appoint;

                                 * * *

  (c) To such extent as he finds necessary to carry out the 
provisions of this Act, the Administrator is authorized to 
procure the temporary (not in excess of one year) or 
intermittent services of experts or consultants or 
organizations thereof, including stenographic reporting 
services, by contract or appointment, and in such cases such 
services shall be without regard to the civil-service and 
classification laws and, except in the case of stenographic 
reporting services by organizations, without regard to [section 
3709 of the Revised Statutes, as amended (41 U.S.C., sec. 5)] 
section 6101 of title 41, United States Code. Any individual so 
employed may be compensated at a rate not in excess of the 
daily equivalent of the highest rate payable under section 5332 
of title 5, including travel time, and, while such individual 
is away from his or her home or regular place of business, he 
or she may be allowed travel expenses (including per diem in 
lieu of subsistence) as authorized by section 5703 of title 5.

Sec. 637 (Small Business Act, Sec. 8)

  Sec. 8. (a)(1) It shall be the duty of the Administration and 
it is hereby empowered, whenever it determines such action is 
necessary or appropriate--

                                 * * *

  (d)(1) It is the policy of the United States that small 
business concerns, small business concerns owned and controlled 
by veterans, small business concerns owned and controlled by 
service-disabled veterans, qualified HUBZone small business 
concerns, small business concerns owned and controlled by 
socially and economically disadvantaged individuals, and small 
business concerns owned and controlled by women, shall have the 
maximum practicable opportunity to participate in the 
performance of contracts let by any Federal agency, including 
contracts and subcontracts for subsystems, assemblies, 
components, and related services for major systems. It is 
further the policy of the United States that its prime 
contractors establish procedures to ensure the timely payment 
of amounts due pursuant to the terms of their subcontracts with 
small business concerns, small business concerns owned and 
controlled by veterans, small business concerns owned and 
controlled by service-disabled veterans, qualified HUBZone 
small business concerns, small business concerns owned and 
controlled by socially and economically disadvantaged 
individuals, and small business concerns owned and controlled 
by women.

                                 * * *

  (4)(A) Each solicitation of an offer for a contract to be let 
by a Federal agency which is to be awarded pursuant to the 
negotiated method of procurement and which may exceed 
$1,000,000, in the case of a contract for the construction of 
any public facility, or $500,000, in the case of all other 
contracts, shall contain a clause notifying potential offering 
companies of the provisions of this subsection relating to 
contracts awarded pursuant to the negotiated method of 
procurement.

                                 * * *

  (F)(i) Each contract subject to the requirements of this 
paragraph or paragraph (5) shall contain a clause for the 
payment of liquidated damages upon a finding that a prime 
contractor has failed to make a good faith effort to comply 
with the requirements imposed on such contractor by this 
subsection.
  (ii) The contractor shall be afforded an opportunity to 
demonstrate a good faith effort regarding compliance prior to 
the contracting officer's final decision regarding the 
imposition of damages and the amount thereof. The final 
decision of a contracting officer regarding the contractor's 
obligation to pay such damages, or the amounts thereof, shall 
be subject to [the Contract Disputes Act of 1978 (41 U.S.C. 
601-613)] chapter 71 of title 41, United States Code.

                                 * * *

  (12) Payment of Subcontractors.--

                                 * * *

          (E) Regulations.--Not later than 1 year after the 
        date of enactment of this paragraph, the Federal 
        Acquisition Regulatory Council established under 
        [section 25(a) of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 421(a))] section 1302(a) of title 
        41, United States Code, shall amend the Federal 
        Acquisition Regulation issued under [section 25 of such 
        Act] section 1303(a) of title 41, United States Code, 
        to--

                                 * * *

  (e)(1) Except as provided in subsection (g) of this section--

                                 * * *

  (2)(A) A notice of solicitation required to be published 
under paragraph (1) may be published--
          (i) by electronic means that meet the accessibility 
        requirements under [section 18(a)(7) of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 416(a)(7))] 
        section 1708(d) of title 41, United States Code; or

                                 * * *

  (g)(1) A notice is not required under subsection (e)(1) of 
this section if--

                                 * * *

  (2) The requirements of subsection (a)(1)(A) of this section 
do not apply to any procurement under conditions described in 
paragraph (2), (3), (4), (5), or (7) of [section 303(c) of the 
Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253(c))] section 3304(a) of title 41, United States 
Code, or paragraph (2), (3), (4), (5), or (7) of section 
2304(c) of title 10, United States Code.

                                 * * *

  (h)(1) An executive agency may not award a contract using 
procedures other than competitive procedures unless--
          (A) except as provided in paragraph (2), a written 
        justification for the use of such procedures has been 
        approved--

                                 * * *

                  (iii) in the case of a contract for an amount 
                exceeding $10,000,000, by the senior 
                procurement executive of the agency designated 
                pursuant to [section 16(3) of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 
                414(3))] section 1702(c)(1) and (2) of title 
                41, United States Code, (without further 
                delegation); and
          (B) all other requirements applicable to the use of 
        such procedures under [title III of the Federal 
        Property and Administrative Services Act of 1949 (41 
        U.S.C. 251 et seq.)] the provisions referred to in 
        section 171(c) of title 41, United States Code, or 
        chapter 137 of title 10, United States Code, as 
        appropriate, have been satisfied.
  (2) The same exceptions as are provided in [section 303(f)(2) 
of the Federal Property and Administrative Services Act of 1949 
(41 U.S.C. 253(f)(2))] section 3304(e)(3) and (4) of title 41, 
United States Code, or section 2304(f)(2) of title 10 shall 
apply with respect to the requirements of paragraph (1)(A) of 
this subsection in the same manner as such exceptions apply to 
the requirements of [section 303(f)(1) of such Act or section 
2304(f)(1) of such title] section 3304(e)(1) of title 41, 
United States Code, or section 2304(f)(1) of title 10, United 
States Code, as appropriate.

                                 * * *

  (j) For purposes of this section, the term ``executive 
agency'' has the meaning provided such term in [section 4(1) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 
403(1))] section 133 of title 41, United States Code.

                                 * * *

  (m) Procurement Program for Women-owned Small Business 
Concerns.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Contracting officer.--The term 
                ``contracting officer'' has the meaning given 
                such term in [section 27(f)(5) of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 
                42(f)(5))] section 2101(1) of title 41, United 
                States Code.

Sec. 637 note (Small Business Jobs Act of 2010, Sec. 1321)

SEC. 1321. SUBCONTRACTING MISREPRESENTATIONS.
  Not later than 1 year after the date of enactment of this 
Act, the Administrator, in consultation with the Administrator 
for Federal Procurement Policy, shall promulgate regulations 
relating to, and the Federal Acquisition Regulatory Council 
established under [section 25(a) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 421(a))] section 1302(a) of 
title 41, United States Code, shall amend the Federal 
Acquisition Regulation issued under [section 25 of such Act] 
section 1303(a) of title 41, United States Code, to establish a 
policy on, subcontracting compliance relating to small business 
concerns, including assignment of compliance responsibilities 
between contracting offices, small business offices, and 
program offices and periodic oversight and review activities.

Sec. 637 note (Business Opportunity Development Reform Act of 1988, 
                    Sec. 304(b))

SEC. 304. SUBCONTRACTING ASSISTANCE.

                                 * * *

  (b) Liquidated Damages Clause.--The contract clause required 
by section 8(d)(4)(F) of the Small Business Act (as added by 
subsection (a)) shall be made part of the Federal Acquisition 
Regulation and promulgated pursuant to [section 22 of the 
Office of Federal Procurement Policy Act (41 U.S.C. 418b)] 
section 1707 of title 41, United States Code.

Sec. 638 (Small Business Act, Sec. 9)

  Sec. 9. (a) Research and development are major factors in the 
growth and progress of industry and the national economy. The 
expense of carrying on research and development programs is 
beyond the means of many small-business concerns, and such 
concerns are handicapped in obtaining the benefits of research 
and development programs conducted at Government expense. These 
small-business concerns are thereby placed at a competitive 
disadvantage. This weakens the competitive free enterprise 
system and prevents the orderly development of the national 
economy. It is the policy of the Congress that assistance be 
given to small-business concerns to enable them to undertake 
and to obtain the benefits of research and development in order 
to maintain and strengthen the competitive free enterprise 
system and the national economy.

                                 * * *

  (e) For the purpose of this section--

                                 * * *

          (8) the term ``research institution'' means a 
        nonprofit institution, as defined in section 4(5) of 
        the Stevenson-Wydler Technology Innovation Act of 1980, 
        and includes federally funded research and development 
        centers, as identified by the National Scientific 
        Foundation in accordance with the governmentwide 
        Federal Acquisition Regulation issued in accordance 
        with [section 35(c)(1) of the Office of Federal 
        Procurement Policy Act] section 1303(a)(1) of title 41, 
        United States Code (or any successor regulation 
        thereto);

                                 * * *

  (n) Required Expenditures for STTR by Federal Agencies.--

                                 * * *

          (2) Limitations.--A Federal agency shall not--
                  (A) use any of its STTR budget established 
                pursuant to paragraph (1) for the purpose of 
                funding administrative costs of the program, 
                including costs associated with salaries and 
                expenses, or, in the case of a small business 
                concern or a research institution, costs 
                associated with salaries, expenses, and 
                administrative overhead (other than those 
                direct or indirect costs allowable under 
                guidelines of the Office of Management and 
                Budget and the governmentwide Federal 
                Acquisition Regulation issued in accordance 
                with [section 25(c)(1) of the Office of Federal 
                Procurement Policy Act] section 1303(a)(1) of 
                title 41, United States Code); or

Sec. 644 (Small Business Act, Sec. 15)

  Sec. 15. (a) To effectuate the purposes of this Act, small-
business concerns within the meaning of this Act shall receive 
any award or contract or any part thereof, and be awarded any 
contract for the sale of Government property, as to which it is 
determined by the Administration and the contracting 
procurement or disposal agency (1) to be in the interest of 
maintaining or mobilizing the Nation's full productive 
capacity, (2) to be in the interest of war or national defense 
programs, (3) to be in the interest of assuring that a fair 
proportion of the total purchases and contracts for property 
and services for the Government in each industry category are 
placed with small-business concerns, or (4) to be in the 
interest of assuring that a fair proportion of the total sales 
of Government property be made to small-business concerns; but 
nothing contained in this Act shall be construed to change any 
preferences or priorities established by law with respect to 
the sale of electrical power or other property by the 
Government or any agency thereof. These determinations may be 
made for individual awards or contracts or for classes of 
awards or contracts. If a proposed procurement includes in its 
statement of work goods or services currently being performed 
by a small business, and if the proposed procurement is in a 
quantity or estimated dollar value the magnitude of which 
renders small business prime contract participation unlikely, 
or if a proposed procurement for construction seeks to package 
or consolidate discrete construction projects, or the 
solicitation involves an unnecessary or unjustified bundling of 
contract requirements, as determined by the Administration, the 
Procurement Activity shall provide a copy of the proposed 
procurement to the Procurement Activity's Small Business 
Procurement Center Representative at least 30 days prior to the 
solicitation's issuance along with a statement explaining (1) 
why the proposed acquisition cannot be divided into reasonably 
small lots (not less than economic production runs) to permit 
offers on quantities less than the total requirement, (2) why 
delivery schedules cannot be established on a realistic basis 
that will encourage small business participation to the extent 
consistent with the actual requirements of the Government, (3) 
why the proposed acquisition cannot be offered so as to make 
small business participation likely, (4) why construction 
cannot be procured as separate discrete projects, or (5) why 
the agency has determined that the bundled contract (as defined 
in section 632(o) of this title) is necessary and justified. 
The thirty-day notification process shall occur concurrently 
with other processing steps required prior to issuance of the 
solicitation. Within 15 days after receipt of the proposed 
procurement and accompanying statement, if the Procurement 
Center Representative believes that the procurement as proposed 
will render small business prime contract participation 
unlikely, the Representative shall recommend to the Procurement 
Activity alternative procurement methods which would increase 
small business prime contracting opportunities. Whenever the 
Administration and the contracting procurement agency fail to 
agree, the matter shall be submitted for determination to the 
Secretary or the head of the appropriate department or agency 
by the Administrator. For purposes of clause (3) of the first 
sentence of this subsection, an industry category is a discrete 
group of similar goods and services. Such groups shall be 
determined by the Administration in accordance with the 
definition of a ``United States industry'' under the North 
American Industry Classification System, as established by the 
Office of Management and Budget, except that the Administration 
shall limit such an industry category to a greater extent than 
provided under such classification codes if the Administration 
receives evidence indicating that further segmentation for 
purposes of this paragraph is warranted due to special capital 
equipment needs or special labor or geographic requirements or 
to recognize a new industry. A market for goods or services may 
not be segmented under the preceding sentence due to geographic 
requirements unless the Government typically designates the 
area where work for contracts for such goods or services is to 
be performed and Government purchases comprise the major 
portion of the entire domestic market for such goods or 
services and, due to the fixed location of facilities, high 
mobilization costs, or similar economic factors, it is 
unreasonable to expect competition from business concerns 
located outside of the general areas where such concerns are 
located. A contract may not be awarded under this subsection if 
the award of the contract would result in a cost to the 
awarding agency which exceeds a fair market price.

                                 * * *

  (c)(1) As used in this subsection:
          (A) The term ``Committee'' means the Committee for 
        Purchase From People Who Are Blind or Severely Disabled 
        established under [the first section of the Act 
        entitled ``An Act to create a Committee on Purchases of 
        Blind-made Products, and for other purposes'', approved 
        June 25, 1938 (41 U.S.C. 46)] section 8502 of title 41, 
        United States Code.

                                 * * *

  (2)(A) During fiscal year 1995, public or private 
organizations for the handicapped shall be eligible to 
participate in programs authorized under this section in an 
aggregate amount not to exceed $40,000,000.
  (B) None of the amounts authorized for participation by 
subparagraph (A) may be placed on the procurement list 
maintained by the Committee pursuant to [section 2 of the Act 
entitled ``An Act to create a Committee on Purchases of Blind-
made Products, and for other purposes,'', approved June 25, 
1938 (41 U.S.C. 47] section 8503 of title 41, United States 
Code.

                                 * * *

  (q) Bundling Accountability Measures.--

                                 * * *

          (2) Policies on reduction of contract bundling.--
                  (A) In general.--Not later than 1 year after 
                the date of enactment of this subsection, the 
                Federal Acquisition Regulatory Council 
                established under [section 25(a) of the Office 
                of Federal Procurement Policy Act (41 U.S.C. 
                4219(a))] section 1302(a) of title 41, United 
                States Code, shall amend the Federal 
                Acquisition Regulation issued under [section 25 
                of such Act] section 1303(a) of title 41, 
                United States Code, to--

                                 * * *

  (r) Multiple Award Contracts.--Not later than 1 year after 
the date of enactment of this subsection, the Administrator for 
Federal Procurement Policy and the Administrator, in 
consultation with the Administrator of General Services, shall, 
by regulation, establish guidance under which Federal agencies 
may, at their discretion--

                                 * * *

          (2) notwithstanding the fair opportunity requirements 
        under section 2304c(b) of title 10 and [section 303J(b) 
        of the Federal Proprety and Administrative Services Act 
        of 1949 (41 U.S.C. 253j(b))] section 4106(c) of title 
        41, United States Code, set aside orders placed against 
        multiple award contracts for small business concerns, 
        including the subcategories of small business concerns 
        identified in subsection (g)(2); and

Sec. 644 note (Federal Acquisition Streamlining Act of 1994, Sec. 2353)

SEC. 2353. EXPEDITED RESOLUTION OF CONTRACT ADMINISTRATION 
MATTERS.
  (a) Regulations Required.--(1) The Federal Acquisition 
Regulation shall include provisions that require a contracting 
officer--

                                 * * *

  (2) The provisions shall not apply to a request for a 
contracting officer's decision under [the Contract Disputes Act 
of 1978 (41 U.S.C. 601 et seq.)] chapter 71 of title 41, United 
States Code.
  (b) Rule of Construction.--Nothing in this section shall be 
considered as creating any rights under [the Contract Disputes 
Act of 1978 (41 U.S.C. 601 et seq.)] chapter 71 of title 41, 
United States Code.

Sec. 644 note (Small Business Administration Reauthorization and 
                    Amendment Act of 1988, Sec. 133(c))

SEC. 133. AMENDMENTS RELATING TO PROGRAMS FOR BLIND AND 
HANDICAPPED.

                                 * * *

  (c) Task Force.--There is established within the Small 
Business Administration a task force on purchases from the 
blind and severely handicapped which shall consist of one 
representative of the small business community appointed by the 
Administrator of the Small Business Administration and one 
individual knowledgeable in the affiars of or experienced in 
the work of sheltered workshops appointed by the Executive 
Director of the Committee for Purchase from the Blind and Other 
Severely Handicapped established under the first section of the 
Act entitled ``An Act to create a Committee on Purchases of 
Blind-made Products, and for other purposes'', approved June 
25, 1938 (41 U.S.C. 46)] section 8502 of title 41, United 
States Code. The task force shall meet at least once every six 
months for the purpose of reviewing the award of contracts 
under section 15(c) of the Small Business Act [15 U.S.C. 
644(c)] and recommending to the Small Business Administration 
such administrative or statutory changes as it deems 
appropriate.

Sec. 657a(b) (Small Business Act, Sec. 31(b))

SEC. 31. HUBZONE PROGRAM.
  (a) In General.--There is established within the 
Administration a program to be carried out by the Administrator 
to provide for Federal contracting assistance to qualified 
HUBZone small business concerns in accordance with this 
section.
  (b) Eligible Contracts.--
          (1) Definitions.--In this subsection--
                  (A) the term ``contracting officer'' has the 
                meaning given that term in [section 27(f)(5) of 
                the Office of Federal Procurement Policy Act 
                (41 U.S.C. 423(f)(5))] section 2101(1) of title 
                41, United States Code; and
                  (B) the term ``full and open competition'' 
                has the meaning given that term in [section 4 
                of the Office of Federal Procurement Policy Act 
                (41 U.S.C. 403] section 107 of title 41, United 
                States Code.

                                 * * *

          (4) Relationship to other contracting preferences.--A 
        procurement may not be made from a source on the basis 
        of a preference provided in paragraph (2) or (3), if 
        the procurement would otherwise be made from a 
        different source under section 4124 or 4125 of title 
        18, United States Code, or [the Javits-Wagner-O'Day Act 
        (41 U.S.C. 46 et seq.)] chapter 85 of title 41, United 
        States Code.

Sec. 657b note (Veterans Entrepreneurship and Small Business 
                    Development Act of 1999, Sec. 604(d))

SEC. 604. DATA AND INFORMATION COLLECTION.

                                 * * *

  (d) Data Collection Required.--The Federal Procurement Data 
System described in [section 6(d)(4)(A) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 405(d)(4)(A))] 
section 1122(a)(4)(A) of title 41, United States Code, shall be 
modified to collect data regarding the percentage and dollar 
value of prime contracts and subcontracts awarded to small 
business concerns owned and controlled by veterans and small 
business concerns owned and controlled by service-disabled 
veterans.

Sec. 657f (Small Business Act, Sec. 36)

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

                                 * * *

  (c) Relationship to Other Contracting Preferences.--A 
procurement may not be made from a source on the basis of a 
preference provided under subsection (a) or (b) of this section 
if the procurement would otherwise be made from a different 
source under section 4124 or 4125 of title 18, United States 
Code, or [the Javits-Wagner-O'Day Act (41 U.S.C. 46 st seq.)] 
chapter 85 of title 41, United States Code

                                 * * *.

  (e) Contracting Officer.--For purposes of this section, the 
term ``contracting officer'' has the meaning given such term in 
[section 27(f)(5) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 423(f)(5))] section 2101(1) of title 41, United 
States Code.

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

SEC. 44. CONSOLIDATION OF CONTRACT REQUIREMENTS.
  (a) Definitions.--In this section--
          (1) the term ``Chief Acquisition Officer'' means the 
        employee of a Federal agency designated as the Chief 
        Acquisition Officer for the Federal agency under 
        [section 16(a) of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 414(A))] section 1702(a) of title 
        41, United States Code;

                                 * * *

          (3) the term ``senior procurement executive'' means 
        an official designated under [section 16(c) of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 
        414(c))] section 1702(c) of title 41, United States 
        Code as the senior procurement executive for a Federal 
        agency.

Sec. 714b(h) (Community Credit Corporation Charter Act, Sec. 4(h))

  Sec. 4. General Powers.--The Corporation--

                                 * * *

  (h) May contract for the use, in accordance with the usual 
customs of trade and commerce, of plants and facilities for the 
physical handling, storage, processing, servicing, and 
transportation of the agricultural commodities subject to its 
control. The Corporation shall not have power to acquire real 
property or any interest therein except that it may (a) rent or 
lease office space necessary for the conduct of its business 
and (b) acquire real property or any interest therein for the 
purpose of providing storage adequate to carry out effectively 
and efficiently any of the Corporation's programs, or of 
securing or discharging obligations owing to the Corporation, 
or of otherwise protecting the financial interests of the 
Corporation: Provided, That the authority contained in this 
subsection shall not be utilized by the Corporation for the 
purpose of acquiring real property, or any interest therein, in 
order to provide storage facilities for any commodity unless 
the Corporation determines that existing privately owned 
storage facilities for such commodity in the area concerned are 
not adequate: Provided further, That no refrigerated cold 
storage facilities shall be constructed or purchased except 
with funds specifically provided by Congress for that purpose: 
And provided further, That any contract entered into by the 
Corporation for the use of a storage facility shall provide at 
least that (1) the rental rate charged for an extended term in 
excess of one year shall be at an annual rate less than that 
which is charged for a one-year contract, (2) any obligation of 
the Corporation to pay for the use of any space in a facility 
shall be relieved to the extent that the Corporation does not 
use the space and payment is made by another person for the use 
of such space, and (3) if the Corporation determines that it no 
longer needs the space reserved in the facility, the 
Corporation may be relieved, for the remaining term of the 
contract, of its obligations to an extent and in a manner that 
will provide significant savings to the Corporation while 
permitting the owner of the facility reasonable time to lease 
such space to another person: And provided further, That 
nothing contained in this subsection shall limit the duty of 
the Corporation, to the maximum extent practicable consistent 
with the fulfillment of the Corporation's purposes and the 
effective and efficient conduct of its business, to utilize the 
usual and customary channels, facilities, and arrangements of 
trade and commerce in the warehousing of commodities: And 
provided further, That to encourage the storage of grain on 
farms, where it can be stored at the lowest cost, the 
Corporation may make loans to grain growers needing storage 
facilities when such growers shall apply to the Corporation for 
financing the construction or purchase of suitable storage, and 
these loans shall be deducted from the proceeds of price 
support loans or purchase agreements made between the 
Corporation and the growers, except that the Secretary shall 
make such loans in areas in which the Secretary determines that 
there is a deficiency of such storage. To encourage the 
alleviation of natural resource conservation problems that 
reduce the productive capacity of the Nation's land and water 
resources or that cause degradation of environmental quality, 
the Corporation may, beginning with enactment of the 
Agriculture and Food Act of 1981, make loans to any 
agricultural producer for those natural resource conservation 
and environmental enhancement measures that are recommended by 
the applicable county and State committees established under 
section 8(b) of the Soil Conservation and Domestic Allotment 
Act and are included in the producer's conservation plan 
approved by the local soil and water conservation district; 
such loans shall be for a period not to exceed ten years at a 
rate of interest based upon the rate of interest charged the 
Corporation by the United States Treasury; the Corporation may 
make loans to any one producer in any fiscal year in an amount 
not to exceed $25,000; loans up to $10,000 in amount may be 
unsecured and loans in excess of $10,000 shall be secured; and 
the total of such unsecured and secured loans made in each 
fiscal year shall not exceed $200,000,000: Provided, That the 
authority provided by this sentence to make loans shall be 
effective only to the extent and in such amounts as may be 
provided for in prior appropriation Acts. Notwithstanding any 
other provision of law, the Commodity Credit Corporation shall, 
to the maximum extent practicable, in consultation with the 
Secretary of State, and upon terms and conditions prescribed or 
approved by the Secretary of Agriculture, accept strategic and 
critical materials produced abroad in exchange for agricultural 
commodities acquired by the Corporation. Insofar as 
practicable, in effecting such exchange of goods, the Secretary 
shall: (1) use normal commercial trade channels; (2) take 
action to avoid displacing usual marketings of United States 
agricultural commodities and the products thereof; (3) take 
reasonable precautions to prevent the resale or transshipment 
to other countries, or use for other than domestic use in the 
importing country, of agricultural commodities used for such 
exchange; and (4) give priority to commodities easily storable 
and those which serve as prime incentive goods to stimulate 
production of critical and strategic materials. The Corporation 
may solicit bids from, and utilize, private trading firms to 
effect such exchange of goods. The determination of the 
quantities and qualities of such materials which are desirable 
for stock piling and the determination of which materials are 
strategic and critical shall be made in the manner prescribed 
by section 3 of the Strategic and Critical Materials Stock 
Piling Act. Strategic and critical materials acquired by 
Commodity Credit Corporation in exchange for agricultural 
commodities shall, to the extent approved by the President, be 
transferred to the stock pile provided for by the Strategic and 
Critical Materials Stock Piling Act; and in the same fiscal 
year such materials are transferred to the stock pile the 
Commodity Credit Corporation shall be reimbursed for the 
strategic and critical materials so transferred to the stock 
pile from the funds made available for the purpose of the 
Strategic and Critical Materials Stock Piling Act, in an amount 
equal to the fair market value, as determined by the Secretary 
of the Treasury, of the material transferred to the stock pile. 
If the volume of petroleum products (including crude oil) 
stored in the Strategic Petroleum Reserve is less than the 
level prescribed under section 154 of the Energy Policy and 
Conservation Act (42 U.S.C. 6234), the Corporation shall, to 
the maximum extent practicable and with the approval of the 
Secretary of Agriculture, make available annually to the 
Secretary of Energy, upon the request of the Secretary of 
Energy, a quantity of agricultural products owned by the 
Corporation with a market value at the time of such request of 
at least $300,000,000 for use by the Secretary of Energy in 
acquiring petroleum products (including crude oil) produced 
abroad for placement in the Strategic Petroleum Reserve through 
an exchange of such agricultural products. The terms and 
conditions of each such exchange, including provisions for full 
reimbursement to the Commodity Credit Corporation, shall be 
determined by the Secretary of Energy and the Secretary of 
Agriculture. Nothing contained herein shall limit the authority 
of the Commodity Credit Corporation to acquire, hold, or 
dispose of such quantity of strategic and critical materials as 
it deems advisable in carrying out its functions and protecting 
its assets: Provided, That, notwithstanding any other provision 
of law, where a grain storage facility owned by the Corporation 
is not needed by the Corporation and, upon being offered for 
sale no person offers to pay the minimum price set by the 
Corporation for such facility for use in connection with 
storage or handling of agricultural commodities, then the 
Corporation may, without declaring such facility to be excess 
property, sell it by bids at not less than such minimum price 
to any public or private nonprofit agency or organization for 
use for the purposes of such agency or organization. This 
provision shall apply also to facilities which on the effective 
date of this Act have been declared excess to the needs of the 
Commodity Credit Corporation but have not been claimed by any 
other Government agency, or surplus to the needs of the 
Government but not disposed of pursuant to the provisions of 
[the Federal Property and Administrative Services act of 1949, 
as amended] chapter 5 of title 40, United States Code.

Sec. 714l (Community Credit Corporation Charter Act, Sec. 14)

  Sec. 14. Interest of Members of the Congress.--The provisions 
of [section 1 of the Act of February 27, 1877, as amended (41 
U.S.C., 1940 edition, 22)] section 6306(a) of title 41, United 
States Code, shall apply to all contracts or agreements of the 
Corporation, except contracts or agreements of a kind which the 
Corporation may enter into with farmers participating in a 
program of the Corporation.

Sec. 2218(b)(1) (Federal Fire Prevention and Control Act of 1974, 
                    Sec. 21(b)(1))

  Sec. 21. (a) Each department, agency, and instrumentality of 
the executive branch of the Federal Government and each 
independent regulatory agency of the United States is 
authorized and directed to furnish to the Administrator, upon 
written request, on a reimbursable basis or otherwise, such 
assistance as the Administrator deems necessary to carry out 
his functions and duties pursuant to this Act, including, but 
not limited to, transfer of personnel with their consent and 
without prejudice to their position and ratings.
  (b) Powers.--With respect to this Act, the Administrator is 
authorized to--
          (1) enter into, without regard to [section 3709 of 
        the Revised Statutes, as amended (41 U.S.C. 5)] section 
        6101 of title 41, United States Code, such contracts, 
        grants, leases, cooperative agreements, or other 
        transactions as may be necessary to carry out the 
        provisions of this Act;

Sec. 2507 (Electric and Hybrid Vehicle Research, Development, and 
                    Demonstration Act of 1976, Sec. 8)

SEC. 8. CONTRACTS.

                                 * * *

  (c) Each contract under this section shall be entered into in 
accordance with such rules as the Secretary of Energy may 
prescribe in accordance with the provisions of this section. 
Each application for funding shall be made in writing in such 
form and with such content and other submissions as the 
Secretary of Energy shall require. The Secretary of Energy may 
enter into contracts under this section without regard to 
[section 3709 of the Revised Statutes (41 U.S.C. 5)] section 
6101 of title 41, United States Code.

                                 * * *

  (e) When contracting and otherwise using Federal funds to 
conduct demonstrations under this chapter, the Secretary of 
Energy shall seek cost-sharing with others to the maximum 
extent practical. During the first 2 years of demonstration 
activities the Secretary of Energy may enter into procurement 
or lease contracts for purposes of carrying out demonstrations 
under this chapter without regard to the provisions of [title 
III of the Act of March 3, 1933 (47 Stat. 1520; 41 Stat. 10a-
10c)] chapter 83 of title 41, United States Code.

Sec. 2609 (Toxic Substances Control Act, Sec. 10)

SEC. 10. RESEARCH, DEVELOPMENT, COLLECTION, DISSEMINATION, AND 
UTILIZATION OF DATA.
  (a) Authority.-- The Administrator shall, in consultation and 
cooperation with the Secretary of Health and Human Services and 
with other heads of appropriate departments and agencies, 
conduct such research, development, and monitoring as is 
necessary to carry out the purposes of this chapter. The 
Administrator may enter into contracts and may make grants for 
research, development, and monitoring under this subsection. 
Contracts may be entered into under this subsection without 
regard to [sections 3648 and 3709 of the Revised Statutes (31 
U.S.C. 529, 41 U.S.C. 5)] section 3324(a) and (b) of title 31, 
United States Code, and section 6101 of title 41, United States 
Code.
  (b) Data Systems.--(1) The Administrator shall establish, 
administer, and be responsible for the continuing activities of 
an interagency committee which shall design, establish, and 
coordinate an efficient and effective system, within the 
Environmental Protection Agency, for the collection, 
dissemination to other Federal departments and agencies, and 
use of data submitted to the Administrator under this chapter.
  (2)(A) The Administrator shall, in consultation and 
cooperation with the Secretary of Health and Human Services and 
other heads of appropriate departments and agencies design, 
establish, and coordinate an efficient and effective system for 
the retrieval of toxicological and other scientific data which 
could be useful to the Administrator in carrying out the 
purposes of this chapter. Systematized retrieval shall be 
developed for use by all Federal and other departments and 
agencies with responsibilities in the area of regulation or 
study of chemical substances and mixtures and their effect on 
health or the environment.
  (B) The Administrator, in consultation and cooperation with 
the Secretary of Health and Human Services, may make grants and 
enter into contracts for the development of a data retrieval 
system described in subparagraph (A). Contracts may be entered 
into under this subparagraph without regard to [sections 3648 
and 3709 of the Revised Statutes (31 U.S.C. 529, 41 U.S.C. 5)] 
section 3324(a) and (b) of title 31, United States Code, and 
section 6101 of title 41, United States Code.

Sec. 2626(b) (Toxic Substances Control Act, Sec. 27(b))

SEC. 27. DEVELOPMENT AND EVALUATION OF TEST METHODS.

                                 * * *

  (b) Approval by Secretary.--No grant may be made or contract 
entered into under subsection (a) of this section unless an 
application therefor has been submitted to and approved by the 
Secretary. Such an application shall be submitted in such form 
and manner and contain such information as the Secretary may 
require. The Secretary may apply such conditions to grants and 
contracts under subsection (a) of this section as the Secretary 
determines are necessary to carry out the purposes of such 
subsection. Contracts may be entered into under such subsection 
without regard to [sections 3648 and 3709 of the Revised 
Statutes (31 U.S.C. 529, 41 U.S.C. 5)] section 3324(a) and (b) 
of title 31, United States Code, and section 6101 of title 41, 
United States Code.

Sec. 5528 (High-Performance Computing Act of 1991, Sec. 208)

SEC. 208. FOSTERING UNITED STATES COMPETITIVENESS IN HIGH-
PERFORMANCE COMPUTING AND RELATED ACTIVITIES.

                                 * * *

  (b) Annual Report.--
          (1) Report.--The Director shall submit an annual 
        report to Congress that identifies

                                 * * *

                  (B) any procurement exceeding $1,000,000 by 
                any Federal agency or department under the 
                Program for--
                          (i) unmanufactured articles, 
                        materials, or supplies mined or 
                        produced outside the United States; or
                          (ii) manufactured articles, 
                        materials, or supplies other than those 
                        manufactured in the United States 
                        substantially all from articles, 
                        materials, or supplies mined, produced, 
                        or manufactured in the United States,
                under the meaning of [title III of the Act of 
                March 3, 1933 (41 U.S.C. 10a-10d; popularly 
                known as the Buy American Act)] chapter 83 of 
                title 41, United States Code.

                                 * * *

  (c) Application of [Buy American Act] Chapter 83 of Title 41, 
United States Code.--This Act does not affect the applicability 
of [title III of the Act of March 3, 1933 (41 U.S.C. 10a-10d; 
popularly known as the Buy American Act), as amended by the Buy 
American Act of 1988,] chapter 83 of title 41, United States 
Code to procurements by Federal agencies and departments 
undertaken as a part of the Program.

                         TITLE 16--CONSERVATION

Sec. 1a-2(g) (Public Law 91-383, Sec. 3(g))

  Sec. 3. In order to facilitate the administration of the 
national park system, the Secretary of the Interior is 
authorized, under such terms and conditions as he may deem 
advisable, to carry out the following activities:

                                 * * *

          (g) Sell at fair market value without regard to the 
        requirements of [the Federal Property and 
        Administrative Services Act of 1949, as amended,] 
        chapter 5 of title 40, United States Code products and 
        services produced in the conduct of living exhibits and 
        interpretive demonstrations in areas of the national 
        park system, to enter into contracts including 
        cooperative arrangements with respect to such living 
        exhibits and interpretive demonstrations, and to credit 
        the proceeds therefrom to the appropriation bearing the 
        cost of such exhibits and demonstrations. Sixty percent 
        of the fees paid by permittees for the privilege of 
        entering into Glacier Bay for the period beginning on 
        the first full fiscal year following November 12, 1996, 
        shall be deposited into a special account and that such 
        funds shall be available--

Sec. 17b (Act of May 26, 1930, Sec. 3)

  Sec. 3. That the Secretary of the Interior is hereby 
authorized to contract for services or other accommodations 
provided in the national parks and national monuments for the 
public under contract with the Department of the Interior, as 
may be required in the administration of the National Park 
Service, at rates approved by him for the furnishing of such 
services or accommodations to the Government and without 
compliance with the provisions of [section 3709 of the Revised 
Statutes of the United States] section 6101 of title 41, United 
States Code.

Sec. 17i (Act of May 26, 1930, Sec. 10)

  Hereafter the National Park Service may hire, with or without 
personal services, work animals and animal-drawn and motor-
propelled vehicles and equipment at rates to be approved by the 
Secretary of the Interior and without compliance with the 
provisions of [sections 3709 and 3744 of the Revised Statutes] 
section 6101 of title 41, United States Code.

Sec. 79c (Public Law 90-545, Sec. 3)

  Sec. 3. (a) The Secretary is authorized to acquire lands and 
interests in land within the boundaries of the Redwood National 
Park and, in addition thereto, not more than ten acres outside 
of those boundaries for an administrative site or sites. Such 
acquisition may be by donation, purchase with appropriated or 
donated funds, exchange, or otherwise, but lands and interests 
in land owned by the State of California may be acquired only 
by donation which donation of lands or interest in lands may be 
accepted in the discretion of the Secretary subject to such 
preexisting reverters and other conditions as may appear in the 
title to these lands held by the State of California, and such 
other reverters and conditions as may be consistent with the 
use and management of the donated lands as a portion of Redwood 
National Park. Notwithstanding any other provision of law, the 
Secretary may expend appropriated funds for the management of 
and for the construction, design, and maintenance of permanent 
improvements on such lands and interests in land as are donated 
by the State of California in a manner not inconsistent with 
such reverters and other conditions.
  (b)(1) Effective on the date of enactment of this Act, there 
is hereby vested in the United States all right, title, and 
interest in, and the right to immediate possession of, all real 
property within the park boundaries designated in maps NPS-RED-
7114-A and NPS-RED-7114-B and effective on March 27, 1978, 
there is hereby vested in the United States all right, title, 
and interest in, and the right to immediate possession of, all 
real property within the area indicated as ``Proposed 
Additions'' on the map entitled ``Additional Lands, Redwood 
National Park, California,'' numbered 167-80005-D and dated 
March 1978, and all right, title, and interest in, and the 
right to immediate possession of the down tree personal 
property (trees severed from the ground by man) severed prior 
to January 1, 1975, or subsequent to January 31, 1978, within 
the area indicated as ``Proposed Additions'' on the map 
entitled ``Additional Lands, Redwood National Park, 
California,'' numbered 167-80005-D and dated March 1978, except 
real property owned by the State of California or a political 
subdivision thereof and except as provided in paragraph (3) of 
this subsection. The Secretary shall allow for the orderly 
termination of all operations on real property acquired by the 
United States under this subsection, and for the removal of 
equipment, facilities, and personal property therefrom.

                                 * * *

  (2) The United States will pay just compensation to the owner 
of any real property taken by paragraph (1) of this subsection. 
Such compensation shall be paid either: (A) by the Secretary of 
the Treasury from money appropriated from the Land and Water 
Conservation Fund, including money appropriated to the Fund 
pursuant to section 4(b) of the Land and Water Conservation 
Fund Act of 1965, as amended, subject to the appropriation 
limitation in section 10 of this Act, upon certification to him 
by the Secretary of the agreed negotiated value of such 
property, or the valuation of the property awarded by judgment, 
including interest at the rate of 6 per centum per annum from 
the date of taking the property to the date of payment 
therefor; or (B) by the Secretary, if the owner of the land 
concurs, with any federally owned property available to him for 
purposes of exchange pursuant to the provisions of section 79e 
of this title; or (C) by the Secretary using any combination of 
such money or federally owned property. Any action against the 
United States with regard to the provisions of this subchapter 
and for the recovery of just compensation for the lands and 
interests therein taken by the United States, and for the down 
tree personal property taken, shall be brought in the United 
States district court for the district where the land is 
located without regard to the amount claimed. The United States 
may initiate proceedings at any time seeking a determination of 
just compensation in the district court in the manner provided 
by sections 1358 and 1403 of title 28, United States Code, and 
may deposit in the registry of the court the estimated just 
compensation, or a part thereof, in accordance with the 
procedure generally described by section 258aa of title 40, 
United States Code. Interest shall not be allowed on such 
amounts as shall have been paid into the court. In the event 
that the Secretary determines that the fee simple title to any 
property (real or personal) taken under this section is not 
necessary for the purposes of this Act, he may, with particular 
attention to minimizing the payment of severance damages and to 
allow for the orderly removal of down timber, revest title to 
such property subject to such reservations, terms, and 
conditions, if any, as he deems appropriate to carry out the 
purposes of this Act, and may compensate the former owner for 
no more than the fair market value of the rights so reserved, 
except that the Secretary may not revest title to any property 
for which just compensation has been paid; or, the Secretary 
may sell at fair market value without regard to the 
requirements of [the Federal Property and Administrative 
Services Act of 1949, as amended] chapter 5 of title 40, United 
States Code, such down timber as in his judgment may be removed 
without damage to the park, the proceeds from such sales being 
credited to the Treasury of the United States. If the State of 
California designates a right-of-way for a bypass highway 
around the eastern boundary of Prairie Creek Redwood State Park 
prior to October 1, 1984, the Secretary is authorized and 
directed to acquire such lands or interests in lands as may be 
necessary for such a highway and, subject to such conditions as 
the Secretary may determine are necessary to assure the 
adequate protection of Redwood National Park, shall thereupon 
donate the designated right-of-way to the State of California 
for a new bypass highway from a point south of Prairie Creek 
Redwood State Park through the drainage of May Creek and Boyes 
Creek to extend along the eastern boundary of Prairie Creek 
Redwood State Park within Humboldt County. Such acreage as may 
be necessary in the judgment of the Secretary for this 
conveyance, and for a buffer thereof, shall be deemed to be a 
publicly owned highway for purposes of section 101(a)(2) of 
this amendment effective on the date of enactment of this 
section.

                                 * * *

  (c) If any individual tract or parcel of land acquired is 
partly inside and partly outside the boundaries of the park or 
the administrative site the Secretary may, in order to minimize 
the payment of severance damages, acquire the whole of the 
tract or parcel and exchange that part of it which is outside 
the boundaries for land or interests in land inside the 
boundaries or for other land or interests in land acquired 
pursuant to this Act, and dispose of so much thereof as is not 
so utilized in accordance with the provisions of [the Federal 
Proprety and Administrative Services Act of 1949 (63 Stat. 
377)] chapter 5 of title 40. The cost of any land so acquired 
and disposed of shall not be charged against the limitation on 
authorized appropriations contained in section 10 of this Act.

Sec. 160b(a) (Public Law 91-661, Sec. 201(a))

  Sec. 201. (a) The Secretary may acquire lands or interests 
therein within the boundaries of the park by donation, purchase 
with donated or appropriated funds, or exchange. When any tract 
of land is only partly within such boundaries, the Secretary 
may acquire all or any portion of the land outside of such 
boundaries in order to minimize the payment of severance costs. 
Land so acquired outside of the park boundaries may be 
exchanged by the Secretary for non-Federal lands within the 
park boundaries. Any portion of land acquired outside the park 
boundaries and not utilized for exchange shall be reported to 
the General Services Administration for disposal under [the 
Federal Property and Administrative Services Act of 1949 (63 
Stat. 77), as amended ] chapter 5 of title 40, United States 
Code. Any Federal property located within the boundaries of the 
park may be transferred without consideration to the 
administrative jurisdiction of the Secretary for the purposes 
of the park. Lands within the boundaries of the park owned by 
the State of Minnesota, or any political subdivision thereof, 
may be acquired only by donation.

Sec. 343b (Act of December 22, 1944, Sec. 2)

  Sec. 2. The Secretary of the Interior, for and on behalf of 
the United States of America, is authorized and directed to 
accept the conveyance and transfer of such property without 
regard to the provisions of [section 355, as amended, section 
116, as amended and section 3709 of the Revised Statutes 
(except the last paragraph of said section 355, as amended)] 
sections 3111 and 3112 of title 40, United States Code, and 
section 6101 of title 41, United States Code (except said 
section 3112, which shall be applicable hereto), or any other 
provision of law. The Secretary of the Interior is further 
authorized and directed to pay all necessary fees, charges, and 
expenses in connection with such conveyance and transfer.

Sec. 396f (Public Law 98-146, Sec. 317)

  Sec. 317. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized and shall seek to 
acquire the private lands described in section 505(a) of the 
Act of November 10, 1978 (92 Stat. 3467), by crediting a 
surplus property account, to be established in the name of each 
landowner, in the amount of the acquisition price for such 
landowner's lands. The National Park Service shall update the 
existing appraisals for the parcels and, based on the approved 
appraised values, shall negotiate with the landowners for 
acquisition prices. Each owner may, using such credits in his 
surplus property account, bid, as any other bidder for surplus 
property, wherever located, in accordance with [the Federal 
Property and Administrative Services Act of 1949] chapter 5 
title 40, United States Code. The Administrator of the General 
Services Administration shall establish each landowner's 
surplus property account and shall adjust the credits in such 
accounts to reflect successful bids under this section. Title 
to the lands described in this section shall pass to the 
Government at the time of establishment of the surplus property 
accounts. The credits in any of the surplus property accounts 
may be transferred or sold in whole or in part at any time by 
the landowner to any other party, thereby vesting such party 
with all the rights of the landowner, and after such transfer, 
the landowner shall notify the Administrator of the transfer. 
At any time the Secretary may purchase the balance of any 
surplus property account subject to the availability of 
appropriated funds. The land owner may also use the credits in 
exchange for excess lands, wherever located, under the 
jurisdiction of the Secretary of the Interior.

Sec. 396f note (Department of Defense Appropriations Act, 1990, 
                    Sec. 9102(e))

  Sec. 9102. Use of Accounts for Sale of Properties by 
Agencies.--(a) Availability of Amounts in Accounts.--

                                 * * *

  (e) Property Defined.--Notwithstanding the definition of 
``property'' found in [the Federal Property and Administrative 
Services Act of 1949, as amended] section 102 of title 41, 
United States Code, in this section the term ``property'' 
includes any property--real, personal (including intangible 
assets sold or offered by the Federal Deposit Insurance 
Corporation or the Resolution Trust Corporation, such as 
financial instruments, notes, loans, and bonds), or mixed--
owned, held, or controlled by the United States (including that 
in a corporate capacity or as a receiver or conservator, or 
such other similar fiduciary relationship), and offered for 
sale by any agency or instrumentality of the United States, 
including but not limited to the General Services 
Administration, Department of Defense, Department of the 
Interior, Department of Agriculture, Department of Housing and 
Urban Development, the United States Courts and any Government 
corporation, agency or instrumentality subject to chapter 91 of 
title 31, United States Code; real property as used in this 
section means any land or interest in land or option to 
purchase land, any improvements on such lands, or rights to 
their use or exploitation.

Sec. 410r-6(d) (Everglades National Park Protection and Expansion Act 
                    of 1989, Sec. 102(d))

SEC. 102. BOUNDARY MODIFICATION.

                                  * * *

  (d) Acquisition of Tracts Partially Outside Boundaries.--When 
any tract of land is only partly within boundaries referred to 
in subsection (a) of this section, the Secretary may acquire 
all or any portion of the land outside of such boundaries in 
order to minimize the payment of severance costs. Land so 
acquired outside of the boundaries may be exchanged by the 
Secretary for non-Federal lands within the boundaries, and any 
land so acquired and not utilized for exchange shall be 
reported to the General Services Administration for disposal 
under [the Federal Property and Administrative Services Act of 
1949, as amended] chapter 5 of title 40, United States Code.

Sec. 430a-2 (Public Law 89-62, Sec. 2)

  Sec. 2. The Secretary of the Interior is authorized to 
acquire lands and interests in lands within the revised 
boundary by purchase, donation, with donated funds, or by 
exchange, utilizing for such exchanges federally owned lands of 
approximately equal value excluded from the park pursuant to 
this Act. Federally owned lands so excluded which the Secretary 
of the Interior determines are not needed for such exchanges 
shall be disposed of in accordance with the provisions of [the 
Federal Property and Administrative Services Act of 1949, as 
amended] chapter 5 of title 40, United States Code.

Sec. 430h-7(c) (Public Law 101-422, Sec. 102(c))

SEC. 102. EXCLUSION OF LAND FROM PARK.

                                 * * *

  (c) Excess Property.--Any lands not conveyed pursuant to 
subsection (b) of this section shall be reported to the 
Administrator of General Services as excess to the needs of the 
Department of the Interior and shall be subject to transfer or 
disposition in accordance with [the Federal Property and 
Administrative Services Act of 1949, as amended] chapter 5 of 
title 40, United States Code.

Sec. 441l (Public Law 90-468, Sec. 3, subpar. (D) of introductory 
                    provisions)

  Sec. 3. Inasmuch as (A) most of the lands added to the 
Badlands National Park by section 1 of this Act are inside the 
boundaries of the Pine Ridge Sioux Indian Reservation, (B) such 
lands are also within a tract of land forty-three miles long 
and twelve and one-half miles wide which is in the north-
western part of such Indian reservation and has been used by 
the United States Air Force as a gunnery range since the early 
part of World War II, (C) the tribal lands within such gunnery 
range were leased by the Federal Government and the other lands 
within such gunnery range were purchased by the Federal 
Government from the individual owners (mostly Indians), (D) the 
Department of the Air Force has declared most of such gunnery 
range lands excess to its needs and such excess lands have been 
requested by the National Park Service under [the Federal 
Property and Administrative Services Act of 1949] chapter 5 of 
title 40, United States Code, (E) the leased tribal lands and 
the excess lands within the enlarged Badlands National Park are 
needed for the park, (F) the other excess lands in such gunnery 
range should be restored to the former Indian owners of such 
lands, and (G) the tribe is unwilling to sell its tribal lands 
for inclusion in the national park, but is willing to exchange 
them or interests therein for the excess gunnery range lands, 
which, insofar as the lands within the gunnery range formerly 
held by the tribe are concerned, should be returned to Indian 
ownership in any event, the Congress hereby finds that such 
exchange would be in the national interest and authorizes the 
following actions:

Sec. 450jj-1(a) (Act of May 17, 1954, Sec. 2(a))

  Sec. 2. (a) The memorial authorized herein shall be 
constructed in general, in accordance with the plan approved by 
the United States Territorial Expansion Memorial Commission on 
May 25, 1948. The Secretary of the Interior is authorized to 
enter into such contracts as may be necessary to carry out the 
purposes of this Act. The Secretary is also authorized to 
employ, in his discretion, by contract or otherwise, landscape 
architects, architects, engineers, sculptors, artists, other 
expert consultants, or firms, partnerships, or associations 
thereof, and to include in any such contract provision for the 
utilization of the services and facilities, and the payment of 
the travel and other expenses, of their respective 
organizations, in accordance with the usual customs of the 
several professions and at the prevailing rates for such 
services and facilities, without regard to the civil-service 
laws or regulations, the Classification Act of 1929, [section 
3709 of the Revised Statutes, as amended] section 6101 of title 
41, United States Code, or any other law or regulation relating 
to either employment or compensation.

Sec. 459a-4 note (Public Law 87-313)

  That the tract of Federal property comprising eight and one-
tenth acres of land situated in Dare County, North Carolina, 
approximately two miles north of Kitty Hawk, which was 
transferred to the administrative jurisdiction of the 
Department of the Interior by the Act of June 3, 1948 (62 Stat. 
301; 16 U.S.C. 459a), to be administered as a part of the Cape 
Hatteras National Seashore Recreational Area, may be disposed 
of by the Administrator of General Services in accordance with 
the provisions of [the Federal Property and Administrative 
Services Act of 1949, as amended] chapter 5 of title 40, United 
States Code.

Sec. 460l-5(a) (Land and Water Conservation Fund Act of 1965, 
                    Sec. 2(a))

  Sec. 2. Separate Fund.--During the period ending September 
30, 2015, there shall be covered into the land and water 
conservation fund in the Treasury of the United States, which 
fund is hereby established and is hereinafter referred to as 
the ``fund'', the following revenues and collections:
  (a) Surplus Property Sales.--All proceeds (except so much 
thereof as may be otherwise obligated, credited, or paid under 
authority of those provisions of law set forth in section 
485(b) (e), title 40, United States Code, or the Independent 
Offices Appropriation Act, 1963 (76 Stat. 725) or in any later 
appropriation Act) hereafter received from any disposal of 
surplus real property and related personal property under [the 
Federal Property and Administrative Services Act of 1949, as 
amended] chapter 5 of title 40, United States Code, 
notwithstanding any provision of law that such proceeds shall 
be credited to miscellaneous receipts of the Treasury. Nothing 
in this part shall affect existing laws or regulations 
concerning disposal of real or personal surplus property to 
schools, hospitals, and States and their political 
subdivisions.

Sec. 460m-9(a) (Public Law 92-237, Sec. 2(a))

  Sec. 2. (a) Within the boundaries of the Buffalo National 
River, the Secretary may acquire lands and waters or interests 
therein by donation, purchase or exchange, except that lands 
owned by the State of Arkansas or a political subdivision 
thereof may be acquired only by donation: Provided, That the 
Secretary may, with funds appropriated for development of the 
area, reimburse such State for its share of the cost of 
facilities developed on State park lands if such facilities 
were developed in a manner approved by the Secretary and if the 
development of such facilities commenced subsequent to the 
enactment of this Act: Provided further, That such 
reimbursement shall not exceed a total of $375,000. When an 
individual tract of land is only partly within the boundaries 
of the national river, the Secretary may acquire all of the 
tract by any of the above methods in order to avoid the payment 
of severance costs. Land so acquired outside of the boundaries 
of the national river may be exchanged by the Secretary for 
non-Federal lands within the national river boundaries, and any 
portion of the land not utilized for such exchanges may be 
disposed of in accordance with the provisions of [the Federal 
Property and Administrative Services Act of 1949 (63 Stat. 377; 
40 U.S.C. 471 et seq.), as amended] chapter 5 of title 40, 
United States Code. With the concurrence of the agency having 
custody thereof, any Federal property within the boundaries of 
the national river may be transferred without consideration to 
the administrative jurisdiction of the Secretary for 
administration as part of the national river.

Sec. 460x-7(a) (Public Law 91-479, Sec. 8(a))

  Sec. 8. (a) The Secretary is authorized to acquire by 
donation, purchase with donated or appropriated funds, transfer 
funds, transfer from any Federal agency, or exchange lands and 
interests therein for the purposes of this Act. When an 
individual tract of land is only partly within the area 
designated, the Secretary may acquire the entire tract by any 
of the above methods to avoid the payment of severance costs. 
Land so acquired outside the designated area may be exchanged 
by the Secretary for non-Federal lands within such area, and 
any portion of the land not utilized for such exchanges may be 
disposed of in accordance with the provisions of [the Federal 
Property and Administrative Services Act of 1949 (63 Stat. 
377), as amended (40 U.S.C. 471 et seq.)] chapter 5 of title 
40, United States Code.

Sec. 460bb-2(a) (Public Law 92-589, Sec. 3(a))

  Sec. 3. (a) Within the boundaries of the recreation area, the 
Secretary may acquire lands, improvements, waters, or interests 
therein, by donation, purchase, exchange or transfer. Any 
lands, or interests therein, owned by the State of California 
or any political subdivision thereof, may be acquired only by 
donation. When any tract of land is only partly within such 
boundaries, the Secretary may acquire all or any portion of the 
land outside of such boundaries in order to minimize the 
payment of severance costs. Land so acquired outside of the 
boundaries may be exchanged by the Secretary for non-Federal 
lands within the boundaries. Any portion of land acquired 
outside the boundaries and not utilized for exchange shall be 
reported to the General Services Administration for disposal 
under [the Federal Property and Administrative Services Act of 
1949 (63 Stat. 377), as amended] chapter 5 of title 40, United 
States Code: Provided, That no disposal shall be for less than 
fair market value. Except as hereinafter provided, Federal 
property within the boundaries of the recreation area is hereby 
transferred without consideration to the administrative 
jurisdiction of the Secretary for the purposes of this Act, 
subject to the continuation of such existing uses as may be 
agreed upon between the Secretary and the head of the agency 
formerly having jurisdiction over the property. Notwithstanding 
any other provision of law, the Secretary may develop and 
administer for the purposes of this Act structures or other 
improvements and facilities on lands for which he receives a 
permit of use and occupancy from the Secretary of the Army.

Sec. 460ee(c)(1) (Water Resources Development Act of 1974, 
                    Sec. 108(c)(1))

  Sec. 108. (a) As used in this section the term ``Secretary'' 
shall mean the Secretary of the Army, acting through the Chief 
of Engineers. The Secretary, in accordance with the national 
recreation area concept included in the interagency report 
prepared pursuant to section 218 of the Flood Control Act of 
1968 (Public Law 90-483) by the Corps of Engineers, the 
Department of the Interior, and the Department of Agriculture, 
as modified by this section, is authorized and directed to 
establish on the Big South Fork of the Cumberland River in 
Kentucky and Tennessee the Big South Fork National River and 
Recreation Area (hereafter in this section referred to as the 
``National Area'') for the purposes of conserving and 
interpreting an area containing unique cultural, historic, 
geologic, fish and wildlife, archeologic, scenic, and 
recreational values, preserving as a natural, free-flowing 
stream the Big South Fork of the Cumberland River, major 
portions of its Clear Fork and New River stems, and portions of 
their various tributaries for the benefit and enjoyment of 
present and future generations, the preservation of the natural 
integrity of the scenic gorges and valleys, and the development 
of the area's potential for healthful outdoor recreation. The 
boundaries shall be as generally depicted on the drawing 
prepared by the Corps of Engineers and entitled ``Big South 
Fork National River and Recreation Area'' identified as map 
number BSF-NRRA(1)(A) and dated October 1972, which shall be on 
file and available for public inspection in the office of the 
District Engineer, U.S. Army Engineer District, Nashville, 
Tennessee. The Secretary may acquire sites at locations outside 
such boundaries, as he determines necessary, for administrative 
and visitor orientation facilities. The Secretary may also 
acquire a site outside such boundaries at or near the location 
of the historic Tabard Inn in Ruby, Tennessee, including such 
lands as he deems necessary, for the establishment of a lodge 
with recreational facilities as provided in subsection (e)(3) 
of this section.

                                 * * *

  (c)(1) Within the boundaries of the National Area, the 
Secretary may acquire lands and waters or interests therein by 
donation, purchase with donated or appropriated funds, or 
exchange or otherwise, except that lands (other than roads and 
rights-of-way for roads) owned by the States of Kentucky and 
Tennessee or any political subdivisions thereof which were in 
public ownership at the time of enactment of this section may 
be acquired only by donation. When an individual tract of land 
is only partly within the boundaries of the National Area, the 
Secretary may acquire all of the tract by any of the above 
methods in order to avoid the payment of severance costs. Land 
so acquired outside of the boundaries of the National Area may 
be exchanged by the Secretary for non-Federal lands within the 
National Area boundaries, and any portion of the land not 
utilized for such exchanges may be disposed of in accordance 
with the provisions of [the Federal Property and Administrative 
Services Act of 1949 (63 Stat. 377; 40 U.S.C. 471 et seq.)] 
chapter 5 of title 40, United States Code. Notwithstanding any 
other provision of law, any Federal property within the 
boundaries of the National Area shall be transferred without 
consideration to the administrative jurisdiction of the 
Secretary for the purposes of this section.

Sec. 460ff-1(d) (Public Law 93-555, Sec. 2(d))

  Sec. 2. (a) The park shall comprise the lands and waters 
generally depicted on the map entitled ``Boundary Map, Cuyahoga 
Valley National Park, Ohio'', numbered 644-80,054 and dated 
July 1986, which shall be on file and available for inspection 
in the offices of the National Park Service, Department of the 
Interior, Washington, District of Columbia, and in the main 
public library of Akron, Ohio, and Cleveland, Ohio. After 
advising the Committee on Energy and Natural Resources of the 
Senate and the Committee on Natural Resources of the House of 
Representatives, in writing, the Secretary may make minor 
revisions of the boundaries of the park when necessary by 
publication of a revised drawing or other boundary description 
in the Federal Register: Provided, That with respect to the 
property known as the Hydraulic Brick Company located in 
Independence, Ohio, the Secretary shall have the first right of 
refusal to purchase such property for a purchase price not 
exceeding the fair market value of such property on the date it 
is offered for sale. When acquired such property shall be 
administered as part of the park, subject to the laws and 
regulations applicable thereto. The park shall also comprise 
any lands designated as ``City of Akron Lands'' on the map 
referred to in the first sentence which are offered as 
donations to the Department of the Interior or which become 
privately owned. The Secretary shall revise such map to depict 
such lands as part of the park.

                                 * * *

  (d) When any tract of land is only partly within the 
boundaries of the park, the Secretary may acquire all or any 
portion of the land outside of such boundaries in order to 
minimize the payment of severance costs. Land so acquired 
outside of the boundaries may be exchanged by the Secretary for 
non-Federal lands within the boundaries. Any portion of the 
land acquired outside the boundaries and not utilized for 
exchange shall be reported to the General Services 
Administration for disposal under [the Federal Property and 
Administrative Services Act of 1949, as amended] chapter 5 of 
title 40, United States Code: Provided, That no disposal shall 
be for less than the fair market value of the lands involved.

Sec. 460hh-1(a) (Public Law 94-235, Sec. 2(a))

  Sec. 2 (a) The Secretary may acquire land or interests in 
lands within the boundaries of the recreation area by donation, 
purchase with donated or appropriated funds, or exchange. When 
any tract of land is only partly within such boundaries, the 
Secretary may acquire all or any portion of the land outside of 
such boundaries in order to minimize the payment of severance 
costs. Land so acquired outside of the boundaries may be 
exchanged by the Secretary for non-Federal lands within the 
boundaries, and any land so acquired and not utilized for 
exchange shall be reported to the General Services 
Administration for disposal under [the Federal Property and 
Administrative Services Act of 1949 (63 Stat. 377), as amended] 
chapter 5 of title 40, United States Code. Any Federal property 
located within the boundaries of the recreation area may be 
transferred without consideration to the administrative 
jurisdiction of the Secretary for the purposes of the 
recreation area. Lands within the boundaries of the recreation 
area owned by the State of Oklahoma, or any political 
subdivision thereof, may be acquired only by donation: 
Provided, That the Secretary may also acquire lands by exchange 
with the city of Sulphur, utilizing therefor only such lands as 
may be excluded from the recreation area which were formerly 
within the Platt National Park.

Sec. 460ii-1(b) (Public Law 95-344, Sec. 102(b))

  Sec. 102. (a) Within the recreation area the Secretary is 
authorized to acquire lands, waters, and interests therein by 
donation, purchase from willing sellers with donated or 
appropriated funds, or exchange. Property owned by the State of 
Georgia or any political subdivision thereof may be acquired 
only by donation.
  (b) When a tract of land lies partly within and partly 
without the boundaries of the recreation area, the Secretary 
may acquire the entire tract by any of the above methods in 
order to avoid the payment of severance costs. Land so acquired 
outside of the boundaries of the recreation area may be 
exchanged by the Secretary for non-Federal land within such 
boundaries, and any portion of the land not utilized for such 
exchanges may be disposed of in accordance with the provisions 
of [the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 471 et seq.)] chapter 5 of title 40, United 
States Code.

Sec. 460lll-45(d)(1)(B) (The Land Between the Lakes Protection Act of 
                    1998, Sec. 545(d)(1)(B))

SEC. 545. TRANSFER OF PERSONAL PROPERTY.
  (d) Surplus Property.--
          (1) Disposition.--Any personal property, including 
        structures and facilities, that the Secretary 
        determines cannot be efficiently managed and maintained 
        either by the Forest Service or by lease or permit to 
        other persons may be declared excess by the Secretary 
        and--

                                 * * *

                  (B) disposed of under [the Federal Property 
                and Administrative Services Act of 1949 (40 
                U.S.C. 471 et seq.)] chapter 5 of title 40, 
                United States Code.

Sec. 504 (Act of June 30, 1914, proviso relating to open purchase, 
                    without advertising, of seeds, cones, and nursery 
                    stock)

  That the provisions of [section 3709, Revised Statutes (41 
U.S.C. 5)] section 6101 of title 41, United States Code, shall 
not apply to any purchase by the Forest Service of forest-tree 
seed or cones or of forage plant seed when the amount involved 
does not exceed $10,000, nor to any purchase of forest-tree 
nursery stock when the amount involved does not exceed $500, 
whenever, in the discretion of the Secretary of Agriculture, 
such method is in the public interest.

Sec. 505a (Act of July 26, 1956, first section)

  The Secretary of Agriculture with respect to National Forest 
System lands and the Secretary of a military department with 
respect to lands under the control of the military department 
which lie within or adjacent to the exterior boundaries of a 
unit of the National Forest System are authorized, subject to 
any applicable provisions of [the Federal Property and 
Administrative Services Act of 1949, as amended] chapter 5 of 
title 40, United States Code, to interchange such lands, or any 
part thereof, without reimbursement or transfer of funds 
whenever they shall determine that such interchange will 
facilitate land management and will provide maximum use thereof 
for authorized purposes: Provided, That no such interchange of 
lands shall become effective until forty-five days (counting 
only days occurring during any regular or special session of 
the Congress) after the submission to the Congress by the 
respective Secretaries of notice of intention to make the 
interchange.

Sec. 580c (Act of April 24, 1950, Sec. 3)

  Sec. 3. The provisions of [section 3709, Revised Statutes (41 
U.S.C. 5)] section 6101 of title 41, United States Code, shall 
not apply to purchases by the Forest Service of (1) materials 
to be tested or upon which experiments are to be made or (2) 
special devices, test models, or parts thereof, to be used (a) 
for experimentation to determine their suitability for or 
adaptability to accomplishment of the work for which designed 
or (b) in the designing or developing of new equipment: 
Provided, That not to exceed $50,000 may be expended in any one 
fiscal year pursuant to this authority and not to exceed 
$10,000 on any one item or purchase.

Sec. 590q-1 (Department of Agriculture Organic Act of 1944, 
                    Sec. 302(b))

  Sec. 302. (a) Section 6 of the Soil Conservation and Domestic 
Allotment Act, as amended (16 U.S.C. 590f), is amended by 
adding at the end thereof a new paragraph, to read as follows:

                                 * * *

  (b) The Soil Conservation Service subject to applicable 
regulations under [the Federal Property and Administrative 
Services Act of 1949, as amended] chapter 5 of title 40, United 
States Code, may sell and distribute supplies, materials, and 
equipment to other Government activities, the cost of such 
supplies and materials or the value of such equipment 
(including the cost of transportation and handling) to be 
reimbursed to appropriations current at the time additional 
supplies, materials, or equipment are procured from the 
appropriations chargeable with the cost or value of such 
supplies, materials, or equipment.

Sec. 590z-3(c) (Act of August 11, 1939, Sec. 5(c))

  Sec. 5. (a) In connection with the construction or operation 
and maintenance of projects undertaken pursuant to the 
authority of this Act, and in order to further in the Great 
Plains and arid and semiarid areas of the United States an 
effective rehabilitation program, stabilization of the 
agricultural economy and maximum utilization of funds spent for 
relief purposes, the Secretary of Agriculture is authorized, 
pursuant to cooperative agreement with the Secretary of the 
Interior, (1) to arrange for the settlement of the projects on 
a sound agricultural basis, and insofar as practicable, the 
location thereon of persons in need; (2) to extend guidance and 
advice to settlers thereon in matters of farm practice, soil 
conservation, and efficient land use; (3) to acquire 
agricultural lands within the boundaries of such projects, with 
titles and at prices satisfactory to him; and (4) to arrange 
for the improvement of lands within the project boundaries, 
including clearing, leveling, and preparing them for 
distribution of irrigation water. Contracts between the United 
States and water users or water users' organizations for the 
lease or purchase of, or the improvement of, lands within such 
projects shall provide for annual or semiannual payments to the 
United States, of the number and amounts fixed by the Secretary 
of Agriculture. The lease, purchase, or improvement contracts 
for each tract of land shall provide in the aggregate for the 
return, in not to exceed fifty years from the date the land is 
first settled upon, of the costs incurred by the United States 
in acquiring and improving such tract of land with funds 
appropriated under authority of section 12 (2), except 
administrative expenses incurred in the District of Columbia, 
together with interest on unpaid balances of said costs at not 
less than 3 per centum per annum. Such lease, purchase, or 
improvement contracts shall also provide for the fulfillment of 
such obligations related to reimbursable construction costs and 
operation and maintenance charges as may be applicable to such 
lands in accordance with the repayment contract or contracts 
required by section 4.

                                 * * *

  (c) Where the aggregate amount involved does not exceed $300, 
the provisions of [section 3709 of the Revised Statutes (41 
U.S.C. 5) section 6101 of title 41, United States Code, shall 
not apply to any purchase or service authorized for the 
Department of Agriculture under this Act or under the 1940 
water conservation appropriation.

Sec. 669h(d)(2)(A) (Pittman-Robertson Wildlife Restoration Act, 
                    Sec. 9(d)(2)(A))

SEC. 9. REQUIREMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS 
FOR EXPENSES FOR ADMINISTRATION.

                                 * * *

  (d) Audit Requirement.--

                                 * * *

          (2) Auditor.--
                  (A) In general.--An audit under this 
                subsection shall be performed under a contract 
                that is awarded under competitive procedures 
                (as defined in [section 4 of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 403)] 
                section 132 of title 41, United States Code) by 
                a person or entity that is not associated in 
                any way with the Department of the Interior 
                (except by way of a contract for the 
                performance of an audit or other review).

Sec. 670o(d) (Sikes Act, Sec. 208(d))

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
  (a) Functions and Responsibilities of Secretary of the 
Interior.--There are authorized to be appropriated $4,000,000 
for each of fiscal years 1998 through 2003, to enable the 
Secretary of the Interior to carry out his functions and 
responsibilities under this title, including data collection, 
research, planning, and conservation and rehabilitation 
programs on public lands. Such funds shall be in addition to 
those authorized for wildlife, range, soil, and water 
management pursuant to section 318 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1748), or other 
provisions of law.

                                 * * *

  (d) Contract Authority.--The Secretary of the Interior and 
the Secretary of Agriculture may each make purchases and 
contracts for property and services from, or provide assistance 
to, the State agencies concerned, if such property, services or 
assistance is required to implement those projects and programs 
carried out on, or of benefit to, Federal lands and identified 
in the comprehensive plans or cooperative agreements developed 
under section 670h of this title without regard to [title III 
(other than section 304) of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251-260)] the 
provisions referred to in section 171(c) (except sections 3901 
and 3905) of title 41, United States Code. Contract authority 
provided in this section is effective only to such extent or in 
such amounts as are provided in appropriation Acts.

Sec. 757 (Act of May 11, 1938, Sec. 3)

  In carrying out the authorizations and duties imposed by 
section 2 of this Act, the Secretary of Commerce is authorized 
to utilize the facilities and services of the agencies of the 
States of Oregon, Washington, and Idaho responsible for the 
conservation of the fish and wildlife resources in such States, 
under the terms of agreements entered into between the United 
States and these States, without regard to the provisions of 
[section 3709 of the Revised Statutues] section 6101 of title 
41, United States Code, and funds appropriated to carry out the 
purposes of this Act may be expended for the construction of 
facilities on and the improvement of lands not owned or 
controlled by the United States: Provided, That the appropriate 
agency of the State wherein such construction or improvement is 
to be carried on first shall have obtained without cost to the 
United States the necessary title to, interest therein, rights-
of-way over, or licenses covering the use of such lands.

Sec. 777h(d)(2)(A) Dingell-Johnson Sport Fish Restoration Act, 
                    Sec. 9(d)(2)(A))

SEC. 9. REQUIRMENTS AND RESTRICTIONS CONCERNING USE OF AMOUNTS 
FOR EXPENSES FOR ADMINISTRATION.
  (a) Authorized Expenses for Administration.--Except as 
provided in subsection (b), the Secretary of the Interior may 
use available amounts under section 4(b) of this title only for 
expenses for administration that directly support the 
implementation of this Act that consist of--

                                 * * *

  (d) Audit Requirement.-

                                 * * *

          (2) Auditor.--
                  (A) In general.-An audit under this 
                subsection shall be performed under a contract 
                that is awarded under competitive procedures 
                (as defined in [section 4 of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 403)] 
                section 132 of title 41, United States Code) by 
                a person or entity that is not associated in 
                any way with the Department of the Interior 
                (except by way of a contract for the 
                performance of an audit or other review).

Sec. 793 (Federal Power Act, Sec. 2)

  Sec. 2. The commission shall have authority to appoint, 
prescribe the duties, and fix the salaries of, a secretary, a 
chief engineer, a general counsel, a solicitor, and a chief 
accountant; and may, subject to the civil service laws, appoint 
such other officers and employees as are necessary in the 
execution of its functions and fix their salaries in accordance 
with the Classification Act of 1949, as amended. The commission 
may request the President to detail an officer or officers from 
the Corps of Engineers, or other branches of the United States 
Army, to serve the commission as engineer officer or officers, 
or in any other capacity, in field work outside the seat of 
government, their duties to be prescribed by the commission; 
and such detail is authorized. The President may also, at the 
request of the commission, detail, assign, or transfer to the 
commission, engineers in or under the Departments of the 
Interior or Agriculture for field work outside the seat of 
government under the direction of the commission.
  The commission may make such expenditures (including 
expenditures for rent and personal services at the seat of 
government and elsewhere, for law books, periodicals, and books 
of reference, and for printing and binding) as are necessary to 
execute its functions. Expenditures by the commission shall be 
allowed and paid upon the presentation of itemized vouchers 
therefor, approved by the chairman of the commission or by such 
other member or officer as may be authorized by the commission 
for that purpose subject to applicable regulations under the 
[Federal Property and Administrative Services Act of 1949, as 
amended] provisons referred to in section 171(b) and (c) of 
title 41, United States Code.

Sec. 916l (Whaling Convenstion of 1949, Sec. 14)

  Sec. 14. There is hereby authorized to be appropriated from 
time to time, out of any moneys in the Treasury not otherwise 
appropriated, such sums as may be necessary to carry out the 
provisions of the convention and of this subchapter, including 
(1) contributions to the Commission for the United States share 
of any joint expenses of the Commission agreed by the United 
States and any of the other contracting governments, and (2) 
the expenses of the United States Commissioner and his staff, 
including (a) personal services in the District of Columbia and 
elsewhere, without regard to the Classification Act of 1923, as 
amended; (b) travel expenses without regard to the Travel 
Expense Act of 1949 and section 10 of the Act of March 3, 1933 
(U.S.C., title 5, sec. 73(b); (c) transportation of things, 
communication services; (d) rent of offices; (e) printing and 
binding without regard to [section 11 of the Act of March 1, 
1919 (U.S.C., title 44, sec. 111), and section 3709 of the 
Revised Statutes (U.S.C., title 41, sec. 5)] section 501 of 
title 44, United States Code, and section 6101 of title 41, 
United States Code; (f) stenographic and other services by 
contract, if deemed necessary, without regard to [section 3709 
of the Revised Statutes (U.S.C., title 41, sec. 5)] section 
6101 of title 41, United States Code; (g) supplies and 
materials; (h) equipment; (i) purchase, hire, operation, 
maintenance, and repair of aircraft, motor vehicles (including 
passenger-carrying vehicles), boats, and research vessels.

Sec. 961 (Tuna Conventions Act of 1950, Sec. 12)

  Sec. 12. There is hereby authorized to be appropriated from 
time to time, out of any moneys in the Treasury not otherwise 
appropriated, such sums as may be necessary to carry out the 
provisions of each convention and of this Act, including--

                                 * * *

          (c) printing and binding without regard to [section 
        11 of the Act of March 1, 1919 (U.S.C., title 44, sec. 
        111), or section 3709 of the Revised Statutes (U.S.C., 
        title 41, sec. 5) section 501 of title 44, United 
        States Code, or section 6101 of title 41, United States 
        Code;
          (d) stenographic and other services by contract, if 
        deemed necessary, without regard to [section 3709 of 
        the Revised Statutes (U.S.C., title 41, sec. 5)] 
        section 6101 of title 41, United States Code; and

Sec. 1052(b)(1) (Public Law 87-758, Sec. 2(b)(1))

  Sec. 2. (a) The Secretary of the Interior (hereinafter 
referred to as the ``Secretary'') shall operate the National 
Fisheries Center and Aquarium.
  (b) The Secretary is further authorized to--
          (1) construct, purchase or lease, and operate and 
        maintain vessels for specimen collecting purposes and, 
        without regard to [section 3709 of the Revised Statues 
        of the United States (41 U.S.C. 5)] section 6101 of 
        title 41, United States Code, to contract for such 
        collection of specimens and to purchase or exchange 
        specimens and exhibit materials;

Sec. 1336 note (Department of the Interior, Environment, and Related 
                    Agencies Appropriations Act, 2012, Sec. 114(a))

  Sec. 114. (a) Notwithstanding any other provision of this 
Act, the Secretary of the Interior may enter into multiyear 
cooperative agreements with nonprofit organizations and other 
appropriate entities, and may enter into multiyear contracts in 
accordance with the provisions of [section 304B of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 
254c)] section 3903 of title 41, United States Code (except 
that the [5-year term restriction in subsection (d)] 5-year 
term restriction in subsection (a) shall not apply), for the 
long-term care and maintenance of excess wild free roaming 
horses and burros by such organizations or entities on private 
land. Such cooperative agreements and contracts may not exceed 
10 years, subject to renewal at the discretion of the 
Secretary.

Sec. 2104(f)(2) (Cooperative Forestry Assistance Act of 1978, 
                    Sec. 8(f)(2))

SEC. 8. FOREST HEALTH PROTECTION.
  (a) In General.-The Secretary may protect trees and forests 
and wood products, stored wood, and wood in use directly on the 
National Forest System and, in cooperation with others, on 
other lands in the United States, from natural and man-made 
causes, to--

                                 * * *

  (f) Limitation on Use of Appropriations.--

                                 * * *

          (2) Insects and diseases affecting trees.--The 
        Secretary may procure materials and equipment necessary 
        to prevent, retard, control, or suppress insects and 
        diseases affecting trees without regard to [section 
        3709 of the Revised Statutes (41 U.S.C. 5)] section 
        6101 of title 41, United States Code, under whatever 
        procedures the Secretary may prescribe, if the 
        Secretary determines that such action is necessary and 
        in the public interest.

Sec. 2104 note (Department of the Interior and Related Agencies 
                    Appropriations Act, 1999, Sec. 347(c)(2))

  Sec. 347. Stewardship End Result Contracting Demonstration 
Project. (a) In General.--Until September 30, 2013, the Forest 
Service and the Bureau of Land Management, via agreement or 
contract as appropriate, may enter into stewardship contracting 
projects with private persons or other public or private 
entities to perform services to achieve land management goals 
for the national forests and the public lands that meet local 
and rural community needs.

                                 * * *

  (c) Agreements or Contracts.--

                                 * * *

          (2) Term.--A multiyear contract may be entered into 
        under subsection (a) in accordance with [section 304B 
        of the Federal Property and Administrative Services Act 
        of 1949 (41 U.S.C. 254c)] section 3903 of title 41, 
        United States Code, except that the period of the 
        contract may exceed 5 years but may not exceed 10 
        years.

Sec. 2106(c)(Cooperative Forestry Assistance Act of 1978, Sec. 10(c))

  Sec. 10. (a) Congress finds that.--

                                 * * *

  (c) The Secretary, with the cooperation and assistance of the 
Administrator of General Services, shall encourage the use of 
excess personal property (within the meaning of [the Federal 
Property and Administrative Services Act of 1949] chapter 5 of 
title 40, United States Code) by State and local fire forces 
receiving assistance under this section.

Sec. 3503(e)(1) (Coastal Barrier Resources Act, Sec. 4(e)(1))

SEC. 4. ESTABLISHMENT OF JOHN H. CHAFEE COASTAL BARRIER 
RESOURCE SYSTEM.

                                 * * *

  (e) Addition of Excess Federal Property.--
          (1) Consultation and determination.--Prior to 
        transfer or disposal of excess property under [the 
        Federal Property and Administrative Services Act of 
        1949 (40 U.S.C. 471 et seq.)] chapter 5 of title 40, 
        United States Code, that may be an undeveloped coastal 
        barrier, the Administrator of General Services shall 
        consult with and obtain from the Secretary a 
        determination as to whether and what portion of the 
        property constitutes an undeveloped coastal barrier. 
        Not later than 180 days after the initiation of such 
        consultation, the Secretary shall make and publish 
        notice of such determination. Immediately upon issuance 
        of a positive determination, the Secretary shall--

                TITLE 18--CRIMES AND CRIMINAL PROCEDURE

Sec. 443

Sec. 443. War contracts

                                 * * *

  The definitions of terms in [section 103 of Title 41] section 
3 of the Contract Settlement Act of 1944 (ch. 358, 58 Stat. 
650) shall apply to similar terms used in this section.

Sec. 1761 note (Omnibus Crime Control and Safe Streets Act of 1968, 
                    Sec. 819(c))

  Sec. 819. (a) Section 1761 of title 18, Unite dStates Code, 
is amended by adding thereto a new subsection (c) as follows--

                                 * * *

  (c) The provisions of section 1761 of title 18, United States 
Code, and of [the first section of the Act of June 30, 1936 (49 
Stat. 2036; 41 U.S.C. 35), commonly known as the Walsh-Healey 
Act] section 6502 of title 41, United States Code, creating 
exemptions to Federal restrictions on marketability of prison-
made goods, as amended from time to time, shall not apply 
unless--

Sec. 3287

Sec. 3287. Wartime suspension of limitations

                                 * * *

  Definitions of terms in [section 103 of title 41] section 3 
of the Contract Settlement Act of 1944 (ch. 358, 58 Stat. 650) 
shall apply to similar terms used in this section. For purposes 
of applying such definitions in this section, the term ``war'' 
includes a specific authorization for the use of the Armed 
Forces, as described in section 5(b) of the War Powers 
Resolution (50 U.S.C. 1544(b)).

Sec. 3672

Sec. 3672. Duties of Director of Administrative Office of the United 
                    States Courts

                                 * * *

  He shall have the authority to contract with any appropriate 
public or private agency or person for the detection of and 
care in the community of an offender who is an alcohol-
dependent person, an addict or a drug-dependent person, or a 
person suffering from a psychiatric disorder within the meaning 
of section 2 of the Public Health Service Act. This authority 
shall include the authority to provide equipment and supplies; 
testing; medical, educational, social, psychological and 
vocational services; corrective and preventative guidance and 
training; and other rehabilitative services designed to protect 
the public and benefit the alcohol-dependent person, addict or 
drug-dependent person, or a person suffering from a psychiatric 
disorder by eliminating his dependence on alcohol or addicting 
drugs, by controlling his dependence and his susceptibility to 
addiction, or by treating his psychiatric disorder. He may 
negotiate and award contracts identified in this paragraph 
without regard to [section 6101(b) to (d)] section 6101 of 
title 41. He also shall have the authority to expend funds or 
to contract with any appropriate public or private agency or 
person to monitor and provide services to any offender in the 
community authorized by this Act, including treatment, 
equipment and emergency housing, corrective and preventative 
guidance and training, and other rehabilitative services 
designed to protect the public and promote the successful 
reentry of the offender into the community.

Sec. 4013 note (Department of Justice Appropriations Act, 2001, 
                    Sec. 118)

  Sec. 118. Notwithstanding any other provision of law, 
including [section 4(d) of the Service Contract Act of 1965 (41 
U.S.C. 353(d))] section 6707(d) of title 41, United States 
Code, the Attorney General hereafter may enter into contracts 
and other agreements, of any reasonable duration, for detention 
or incarceration space or facilities, including related 
services, on any reasonable basis.

Sec. 4124 note (Consolidated Appropriations Act, 2005, division H, 
                    Sec. 637)

  Sec. 637. None of the funds made available under this or any 
other Act for fiscal year 2005 and each fiscal year thereafter 
shall be expended for the purchase of a product or service 
offered by Federal Prison Industries, Inc., unless the agency 
making such purchase determines that such offered product or 
service provides the best value to the buying agency pursuant 
to governmentwide procurement regulations, issued pursuant to 
[section 25(c)(1) of the Office of Federal Procurement Act (41 
U.S.C. 421(c)(1))] section 1303(a)(1) of title 41, United 
States Code, that impose procedures, standards, and limitations 
of section 2410n of title 10, United States Code.

                        TITLE 19--CUSTOMS DUTIES

Sec. 2081(a)(1) (Anti-Drug Abuse Act of 1986, Sec. 3131(a)(1))

SEC. 3131. UNDERCOVER INVESTIGATIVE OPERATIONS OF CUSTOMS 
SERVICE.
  (a) Certification Required for Exemption of Undercover 
Operations From Certain Laws.--With respect to any undercover 
investigative operation of the United States Customs Service 
(hereinafter in this section referred to as the ``Service'') 
which is necessary for the detection and prosecution of 
offenses against the United States which are within the 
jurisdiction of the Secretary of the Treasury--
          (1) sums authorized to be appropriated for the 
        Service may be used--
                  (A) to purchase property, buildings, and 
                other facilities, and to lease space, within 
                the United States, the District of Columbia, 
                and the territories and possessions of the 
                United States without regard to--
                          (i) sections 1341 and 3324 of title 
                        31,
                          [(ii) sections 3732(a) and 3741 of 
                        the Revised Statutes of the United 
                        States (41 U.S.C. 11(a) and 22),
                          (iii) section 305 of the Act of June 
                        30, 1949 (63 Stat. 396; 41 U.S.C. 255),
                          (iv) the third undesignated paragraph 
                        under the heading ``Miscellaneous'' of 
                        the Act of March 3, 1877 (19 stat. 370; 
                        40 Stat. 34), and
                          (v) section 304(a) and (c) of the 
                        Federal Property and Administrative 
                        Services Act of 1949 (41 U.S.C. 254(a) 
                        and (c)), and]
                          (ii) sections 6301(a) and (b)(1) 
                        through (3) and 6306 of title 41, 
                        United States Code,
                          (iii) chapter 45 of title 41, United 
                        States Code,
                          (iv) section 8141 of title 40, United 
                        States Code, and
                          (v) section 3901 of title 41, United 
                        States Code, and

Sec. 2512(c)(2)(B) (Trade Agreements Act of 1979, Sec. 302(c)(2)(B))

SEC. 302. AUTHORITY TO ENCOURAGE RECIPROCAL COMPETITIVE 
PROCUREMENT PRACTICES.

                                 * * *

  (c) Report on Impact of Restrictions.--

                                 * * *

          (2) Recommendations for attaining reciprocity.--The 
        report required by paragraph (1) shall include an 
        evaluation of alternative means to obtain equity and 
        reciprocity in such product sectors, including (A) 
        prohibiting the procurement of products of such 
        countries by United States entities not covered by the 
        Agreement, and (B) modifying the application of [title 
        III of the Act of March 3, 1933 (41 U.S.C. 10a et 
        seq.), commonly referred to as the Buy American Act] 
        chapter 83 of title 41, United States Code. The report 
        shall include an analysis of the effect of such 
        alternative means on the United States economy 
        (including effects on employment, production, 
        competition, costs and prices, technological 
        development, export trade, balance of payments, 
        inflation, and the Federal budget), and on successful 
        negotiations on the expansion of the coverage of the 
        Agreement pursuant to section 2514(a) and (b) of this 
        title, other trade negotiating objectives, the 
        relationship of the Federal Government to State and 
        local governments, and such other factors as the 
        President deems appropriate.

Sec. 2513 (Trade Agreements Act of 1979, Sec. 303)

SEC. 303. WAIVER OF DISCRIMINATORY PURCHASING REQUIREMENTS WITH 
RESPECT TO PURCHASE OF CIVIL AIRCRAFT.
  The President may waive the application of the provisions of 
[title III of the Act of March 3, 1933 (41 U.S.C. 10a et seq.), 
popularly referred to as the Buy American Act] chapter 83 of 
title 41, United States Code, in the case of any procurement of 
civil aircraft and related articles of a country or 
instrumentality which is a party to the Agreement on Trade in 
Civil Aircraft referred to in section 2503(c) of this title and 
approved under section 2503(a) of this title. The President may 
modify or withdraw any waiver granted pursuant to this section.

Sec. 3105(b)(1) (Telecommunications Trade Act of 1988, Sec. 1376(b)(1))

SEC. 1376. ACTIONS TO BE TAKEN IF NO AGREEMENT OBTAINED.

                                 * * *

  (b) Actions Authorized.--
          (1) The President is authorized to take any of the 
        following actions under subsection (a) of this section 
        with respect to any priority foreign country:

                                 * * *

                  (D) increases in domestic preferences under 
                [title III of the Act of March 3, 1933 (41 
                U.S.C. 10a, et seq.)] chapter 83 of title 41, 
                United States Code, for purchases by the 
                Federal Government of telecommunications 
                products of such country;
                  (E) suspension of any waiver of domestic 
                preferences under [title III of the Act of 
                March 3, 1933 (41 U.S.C. 10a, et seq.)] chapter 
                83 of title 41, United States Code, which may 
                have been extended to such country pursuant to 
                the Trade Agreements Act of 1979 with respect 
                to telecommunications products or any other 
                products;

                          TITLE 20--EDUCATION

Sec. 196(a) (Act of March 4, 1927, Sec. 6(a))

SEC. 6. CONCESSIONS, FEES, AND VOLUNTARY SERVICES.
  (a) In General.--Notwithstanding [the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) and 
section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)] 
section 1302 of title 40, United States code, and the 
provisions referred to in section 171(b) and (c) of title 41, 
United States Code, the Secretary of Agriculture, in 
furtherance of the mission of the National Arboretum, may--

Sec. 1018a (Higher Education Act of 1965, Sec. 142)

SEC. 142. PROCUREMENT FLEXIBILITY.

                                 * * *

  (d) Two-Phase Source-Selection Procedures.--

                                 * * *

          (2) First phase.--The procedures for the first phase 
        of the process for a procurement are as follows:
                  (A) Publication of notice.--The contracting 
                officer for the procurement shall publish a 
                notice of the procurement in accordance with 
                [section 18 of the Office of Federal 
                Procurement Policy Act (41 U.S.C. 416)] section 
                1708 of title 41, United States Code and 
                subsections (e), (f), and (g) of section 8 of 
                the Small Business Act (15 U.S.C. 637), except 
                that the notice shall include only the 
                following:

                                 * * *

          (3) Second phase.--
                  (A) In general.--The contracting officer 
                shall conduct the second phase of the source 
                selection process in accordance with [sections 
                303A and 303B of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 
                253a and 253b)] sections 3306(a) through (e) 
                and 3308, chapter 37, and section 4702 of title 
                41, United States Code.

                                 * * *

  (f) Flexible Wait Periods and Deadlines for Submission of 
Offers of Noncommercial Items.--
          (1) Authority.--In carrying out a procurement, the 
        PBO may--
                  (A) apply a shorter waiting period for the 
                issuance of a solicitation after the 
                publication of a notice under [section 18 of 
                the Office of Federal Procurement Policy Act 
                (41 U.S.C. 416)] section 1708 of title 41, 
                United States Code, than is required under 
                subsection (a)(3)(A) of such section; and

                                 * * *

  (g) Modular Contracting.--

                                 * * *

          (5) Notice requirement.--

                                 * * *

                  (C) Content of notice.--A notice published 
                under subparagraph (A) with respect to a use of 
                procedures described in paragraph (4) shall 
                contain the information required under [section 
                18(b) of the Office of Federal Procurement 
                Policy Act (41 U.S.C. 416(b))] section 1708(c) 
                of title 41, United States Code, other than 
                paragraph (4) of such section, and shall invite 
                the submission of any assertion that the use of 
                the procedures for the procurement involved is 
                not in the best interest of the Federal 
                Government together with information supporting 
                the assertion.
          (6) Documentation.--The basis for an award of a 
        contract under this subsection shall be documented. 
        However, a justification pursuant to [section 303(f) of 
        the Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 253(f)) section 3304(e) of title 41, 
        United States Code or section 8(h) of the Small 
        Business Act (15 U.S.C. 637(h)) is not required.

                                 * * *

  (l) Definitions.--In this section:
          (1) Commercial item.--The term ``commercial item'' 
        has the meaning given the term in [section 4(12) of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 
        401(12))] section 103 of title 41, United States Code.
          (2) Competitive procedures.--The term ``competitive 
        procedures'' has the meaning given the term in [section 
        309(b) of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 259(b))] section 152 of 
        title 41, United States Code.

                                  * * *

          (4) Special rules for commercial items.--The term 
        ``special rules for commercial items'' means the 
        regulations set forth in the Federal Acquisition 
        Regulation pursuant to [section 303(g)(1) of the 
        Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 253(g)(1)) and section 31 of the Office 
        of Federal Procurement Policy (41 U.S.C. 427)] sections 
        1901 and 3305(a) of title 41, United States Code.
          (5) Special simplified procedures.--The term 
        ``special simplified procedures'' means the procedures 
        applicable to purchases of property and services for 
        amounts not greater than the simplified acquisition 
        threshold that are set forth in the Federal Acquisition 
        Regulation pursuant to [section 303(g)(1)(B) of the 
        Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 253(g)(1)(A)) and section 31(a)(1) of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 
        427(a)(1))] sections 1901(a)(1) and 3305(a)(1) of title 
        41, United States Code.

Sec. 1070a(i) (Higher Education Act of 1965, Sec. 401(i))

  Sec. 401. (a) Program Authority and Method of Distribution.--
(1) For each fiscal year through fiscal year 2017, the 
Secretary shall pay to each eligible institution such sums as 
may be necessary to pay to each eligible student (defined in 
accordance with section 484) for each academic year during 
which that student is in attendance at an institution of higher 
education, as an undergraduate, a Federal Pell Grant in the 
amount for which that student is eligible, as determined 
pursuant to subsection (b). Not less than 85 percent of such 
sums shall be advanced to eligible institutions prior to the 
start of each payment period and shall be based upon an amount 
requested by the institution as needed to pay eligible students 
until such time as the Secretary determines and publishes in 
the Federal Register with an opportunity for comment, an 
alternative payment system that provides payments to 
institutions in an accurate and timely manner, except that this 
sentence shall not be construed to limit the authority of the 
Secretary to place an institution on a reimbursement system of 
payment.

                                 * * *

  (i) Treatment of Institutions and Students Under Other 
Laws.--Any institution of higher education which enters into an 
agreement with the Secretary to disburse to students attending 
that institution the amounts those students are eligible to 
receive under this subpart shall not be deemed, by virtue of 
such agreement, a contractor maintaining a system of records to 
accomplish a function of the Secretary. Recipients of Pell 
Grants shall not be considered to be individual grantees for 
purposes of [subtitle D of title V of Public Law 100-690] 
chapter 81 of title 41, United States Code.

Sec. 1070a-11(b)(1) (Higher Education Act of 1965, Sec. 402A(b)(1))

SEC. 402A. PROGRAM AUTHORITY; AUTHORIZATION OF APPROPRIATIONS.
  (a) Grants and Contracts Authorized.--The Secretary shall, in 
accordance with the provisions of this chapter, carry out a 
program of making grants and contracts designed to identify 
qualified individuals from disadvantaged backgrounds, to 
prepare them for a program of postsecondary education, to 
provide support services for such students who are pursuing 
programs of postsecondary education, to motivate and prepare 
students for doctoral programs, and to train individuals 
serving or preparing for service in programs and projects so 
designed.
  (b) Recipients, Duration, and Size.--
          (1) Recipients.--For the purposes described in 
        subsection (a) of this section, the Secretary is 
        authorized, without regard to [section 3709 of the 
        Revised Statutes (41 U.S.C. 5)] section 6101 of title 
        41, United States Code, to make grants to, and 
        contracts with, institutions of higher education, 
        public and private agencies and organizations, 
        including community-based organizations with experience 
        in serving disadvantaged youth, combinations of such 
        institutions, agencies and organizations, and, as 
        appropriate to the purposes of the program, secondary 
        schools, for planning, developing, or carrying out one 
        or more of the services assisted under this division.

Sec. 2012(a)(6) (Harry S. Truman Memorial Scholarship Act, 
                    Sec. 13(a)(6))

  Sec. 13. (a) In order to carry out the provisions of this 
Act, the Foundation is authorized to--

                                 * * *

          (6) enter into contracts, grants, or other 
        arrangements, or modifications thereof, to carry out 
        the provisions of this Act, and such contracts or 
        modifications thereof may, with the concurrence of two-
        thirds of the members of the Board, be entered into 
        without performance or other bonds, and without regard 
        to [section 3709 of the Revised Statutes, as amended 
        (41 U.S.C. 5)] section 6101 of title 41, United States 
        Code;

Sec. 2106(a)(7) American Folklife Preservation Act, Sec. 7(a)(7))

  Sec. 7. (a) In addition to any authority vested in it by 
other provisions of this Act, the Librarian of Congress, in 
carrying out the Center's functions, is authorized to--

                                 * * *

          (7) enter into contracts to carry out the provisions 
        of this Act, and such contracts may, with the 
        concurrence of two-thirds of the members of the Board, 
        be entered into without performance or other bonds and 
        in conformity with [section 3709 of the Revised 
        Statutes, as amended (41 U.S.C. 5)] section 6101 of 
        title 41, United States Code; and

Sec. 3475(a) (Department of Education Organization Act, Sec. 415(a))

  Sec. 415. (a) Subject to the provisions [of the Federal 
Property and Administrative Services Act of 1949] referred to 
in section 171(b) and (c) of title 41, United States Code, the 
Secretary is authorized to make, enter into, and perform such 
contracts, grants, leases, cooperative agreements, or other 
similar transactions with Federal or other public agencies 
(including State and local governments) and private 
organizations and persons, and to make such payments, by way of 
advance or reimbursement, as the Secretary may determine 
necessary or appropriate to carry out functions of the 
Secretary or the Department.

Sec. 4513(a)(6) (James Madison Memorial Fellowship Act, Sec. 814(a)(6))

  Sec. 814. (a) The Foundation is authorized--

                                 * * *

          (6) to enter into contracts, grants, or other 
        arrangements, or modifications thereof, to carry out 
        the provisions of this Act, and such contracts or 
        modifications thereof may, with the concurrence of two-
        thirds of the members of the Board, be entered into 
        without performance or other bonds, and without regard 
        to [section 5 of title 41] section 6101 of title 41, 
        United States Code;

Sec. 4710(a)(6) (Barry Goldwater Scholarship and Excellence in 
                    Education Act, Sec. 1411(a)(6))

SEC. 1411. ADMINISTRATIVE PROVISIONS.
  (a) In General.---In order to carry out this title, the 
Foundation may--

                                 * * *

          (6) enter into contracts or other arrangements, or 
        make grants, to carry out the provisions of this title, 
        and enter into such contracts or other arrangements, or 
        make such grants, with the concurrence of two-thirds of 
        the members of the Board, without performance or other 
        bonds and without regard to [section 3709 of the 
        Revised Statutes (41 U.S.C. 5)] section 6101 of title 
        41, United States Code;

Sec. 5608(a)(6) (Morris K. Udall and Stewart L. Udall Foundation Act, 
                    Sec. 12(a)(6))

SEC. 12. ADMINISTRATIVE PROVISIONS.
  (a) In General.---In order to carry out the provisions of 
this Act, the Foundation may--

                                 * * *

          (6) enter into contracts, grants, or other 
        arrangements or modifications thereof, to carry out the 
        provisions of this Act, and such contracts or 
        modifications thereof may, with the concurrence of two-
        thirds of the members of the Board of Trustees, be 
        entered into without performance or other bonds, and 
        without regard to [section 3709 of the Revised Statutes 
        (41 U.S.C. 5T2] section 6101 of title 41, United States 
        Code;

Sec. 5708(a)(6) (Christopher Columbus Fellowship Act, Sec. 429(a)(6))

SEC. 429. ADMINISTRATIVE PROVISIONS.
  (a) The Foundation may.--

                                 * * *

          (6) enter into contracts, grants, or other 
        arrangements, or modifications thereof, to carry out 
        the provisions of this chapter, and such contracts or 
        modifications thereof may, with the concurrence of two-
        thirds of the members of the Board, be entered into 
        without performance or other bonds, and without regard 
        to [section 3709 of the Revised Statutes] section 6101 
        of title 41, United States Code;

Sec. 6067(1) (Goals 2000: Educate America Act, Sec. 1022(1))

SEC. 1022. SENSE OF THE CONGRESS.
  It is the sense of the Congress that--
          (1) no funds appropriated pursuant to this Act should 
        be expended by an entity unless the entity agrees that 
        in expending the assistance the entity will comply with 
        [sections 2 through 4 of the Act of March 3, 1933 (41 
        U.S.C. 10a-10c, popularly known as the ``Buy American 
        Act'')] chapter 83 of title 41, United States Code;

Sec. 9275(a) (Workforce Investment Act of 1998, Sec. 505(a))

SEC. 505. BUY-AMERICAN REQUIREMENTS.
  (a) Compliance With [Buy American Act] Chapter 83 of title 
41.--None of the funds made available under title I, II, or III 
or this title may be expended by an entity unless the entity 
agrees that in expending the funds the entity will comply with 
[the Buy American Act(41 U.S.C. 10a et seq.)] chapter 83 of 
title 41, United States Code.

                        TITLE 21--FOOD AND DRUGS

Sec. 355(k)(4)(H) (Federal Food, Drug, and Cosmetic Act, 
                    Sec. 505(k)(4)(H))

  Sec. 505. (a) No person shall introduce or deliver for 
introduction into interstate commerce any new drug, unless an 
approval of an application filed pursuant to subsection (b) or 
(j) of this section is effective with respect to such drug.

                                 * * *

  (k)(1) In the case of any drug for which an approval of an 
application filed under subsection (b) or (j) of this section 
is in effect, the applicant shall establish and maintain such 
records, and make such reports to the Secretary, of data 
relating to clinical experience and other data or information, 
received or otherwise obtained by such applicant with respect 
to such drug, as the Secretary may by general regulation, or by 
order with respect to such application, prescribe on the basis 
of a finding that such records and reports are necessary in 
order to enable the Secretary to determine, or facilitate a 
determination, whether there is or may be ground for invoking 
subsection (e) of this section. Regulations and orders issued 
under this subsection and under subsection (i) of this section 
shall have due regard for the professional ethics of the 
medical profession and the interests of patients and shall 
provide, where the Secretary deems it to be appropriate, for 
the examination, upon request, by the persons to whom such 
regulations or orders are applicable, of similar information 
received or otherwise obtained by the Secretary.

                                 * * *

          (4) Advanced analysis of drug safety data.-

                                 * * *

                  (H) Competitive procedures.--The Secretary 
                shall use competitive procedures (as defined in 
                [section 4(5) of the Federal Procurement Policy 
                Act] section 132 of title 41, United States 
                Code) to enter into contracts under 
                subparagraph (G).

Sec. 360j(k) (Federal Food, Drug, and Cosmetic Act, Sec. 520(k))

  Sec. 520. (a) Any requirement authorized by or under section 
501, 502, 510, or 519 applicable to a device intended for human 
use shall apply to such device until the applicability of the 
requirement to the device has been changed by action taken 
under section 513, 514, or 515 or under subsection (g) of this 
section, and any requirement established by or under section 
501, 502, 510, or 519 which is inconsistent with a requirement 
imposed on such device under section 514 or 515 or under 
subsection (g) of this section shall not apply to such device.

                                 * * *

  (k) The Secretary may enter into contracts for research, 
testing, and demonstrations respecting devices and may obtain 
devices for research, testing, and demonstration purposes 
without regard to [sections 3648 and 3709 of the Revised 
Statutes (31 U.S.C. 529, 41 U.S.C. 5)] section 3324(a) and (b) 
of title 31, United States Code, and section 6101 of title 41, 
United States Code.

Sec. 360ii(b)(3) (Federal Food, Drug, and Cosmetic Act, Sec. 523(b)(3))

  Sec. 532. (a) The Secretary shall establish and carry out an 
electronic product radiation control program designed to 
protect the public health and safety from electronic product 
radiation. As a part of such program, he shall--

                                 * * *

  (b) In carrying out the purposes of subsection (a) of this 
section, the Secretary is authorized to--

                                 * * *

          (3) contract with public or private agencies, 
        institutions, and organizations, and with individuals, 
        without regard to section 3324 of title 31, United 
        States Code, and [section 3709 of the Revised Statutes 
        of the United States (41 U.S.C. 5)] ection 6101 of 
        title 41, United States Code; and

Sec. 872(b) (Controlled Substances Act, Sec. 502(b))

  Sec. 502. (a) The Attorney General is authorized to carry out 
educational and research programs directly related to 
enforcement of the laws under his jurisdiction concerning drugs 
or other substances which are or may be subject to control 
under this title. Such programs may include--

                                 * * *

  (b) The Attorney General may enter into contracts for such 
educational and research activities without performance bonds 
and without regard to [sectin 3709 of the Revised Statutes (41 
U.S.C. 5)] section 6101 of title 41, United States Code.

Sec. 1708(g) (Office of National Drug Control Policy Reauthorization 
                    Act of 1998, Sec. 709(g))

SEC. 709. NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN.
  (a) In General.--The Director shall conduct a national youth 
anti-drug media campaign (referred to in this subtitle as the 
``national media campaign'') in accordance with this section 
for the purposes of--

                                 * * *

  (g) Financial and Performance Accountability.--The Director 
shall cause to be performed--
          (1) audits and reviews of costs of the national media 
        campaign pursuant to [section 304C of the Federal 
        Property and Administrative Services Act of 1949 (41 
        U.S.C. 254d)] section 4706 of title 41, United States 
        Code; and
          (2) an audit to determine whether the costs of the 
        national media campaign are allowable under [section 
        306 of such Act (41 U.S.C. 256] chapter 43 of title 41, 
        United States Code.

              TITLE 22--FOREIGN RELATIONS AND INTERCOURSE

Sec. 272a(b)(1) (Joint Resolution of June 30, 1948, Sec. 2(b)(1))

  Sec. 2. There is hereby authorized to be appropriated 
annually to the Department of State--

                                 * * *

          (b) such additional sums as may be necessary to pay 
        the expenses incident to participation by the United 
        States in the activities of the Organization, 
        including--
                  (1) salaries of the representative or 
                representatives and alternates and appropriate 
                staff, including personal services in the 
                District of Columbia and elsewhere, without 
                regard to the civil-service laws and the 
                Classification Act of 1949, as amended; 
                services as authorized by section 15 of Public 
                Law 600, Seventy-ninth Congress; under such 
                rules and regulations as the Secretary of State 
                may prescribe, allowances for living quarters, 
                including heat, fuel, and light and cost-of-
                living allowances to persons temporarily 
                stationed abroad; printing and binding without 
                regard to [section 11 of the Act of March 1, 
                1919 (44 U.S.C. 111), and section 3709 of the 
                Revised Statutes, as amended] section 501 of 
                title 44, United States Code, and section 6101 
                of title 41, United States Code; and

Sec. 277d-3 (American-Mexican Treat Act of 1950, Sec. 103)

  Sec. 103. There are authorized to be appropriated to the 
Department of State for the use of the Commission, out of any 
money in the Treasury not otherwise appropriated, such sums as 
may be necessary to carry out the provisions of the Treaty of 
February 3, 1944, and other treaties and conventions between 
the United States of America and the United Mexican States, 
under which the United States Section operates, and to 
discharge the statutory functions and duties of the United 
States Section. Such sums shall be available for construction, 
operation and maintenance of stream gaging stations, and their 
equipment and sites therefor; personal services and rent in the 
District of Columbia and elsewhere; services, including those 
of attorneys and appraisers, in accordance with the provisions 
of Section 15 of the Act of August 2, 1946 (5 U.S.C. sec. 55a), 
at rates for individuals not in excess of the maximum daily 
rate for grade GS-15 of the General Schedule and the United 
States Commissioner is authorized, notwithstanding the 
provisions of any other Act, to employ as consultants by 
contract or otherwise without regard to the Classification Act 
of 1949, as amended, and the civil-service laws and 
regulations, retired personnel of the Armed Forces of the 
United States, who shall not be required to revert to an active 
status; travel expense, including, in the discretion of the 
Commissioner, expenses of attendance at meetings of 
organizations concerned with the activities of the Commission 
which may be necessary for the efficient discharge of the 
responsibilities of the Commission; hire, with or without 
personal services, of work animals, and animal-drawn, and 
motor-propelled (including passenger) vehicles and aircraft and 
equipment; acquisition by donation, purchase, or condemnation, 
of real and personal property, including expenses of abstracts, 
certificates of title, and recording fees; purchase of ice and 
drinking water; inspection of equipment, supplies and materials 
by contract or otherwise; drilling and testing of foundations 
and dam sites, by contract if deemed necessary; payment for 
official telephone service in the field in case of official 
telephones installed in private houses when authorized under 
regulations established by the Commissioner; purchase of 
firearms and ammunition for guard purposes; official 
entertainment and other representation expenses within the 
United States for the United States section; and such other 
objects and purposes as may be permitted by laws applicable, in 
whole or in part, to the United States Section: Provided, That, 
when appropriations have been made for the commencement or 
continuation of construction or operation and maintenance of 
any such project, the United States Commissioner, 
notwithstanding the provisions of [sections 3679, 3732, and 
3733 of the Revised Statues] sections 1341, 1342, and 1349 
through 1351 and subchapter II of chapter 15 of title 31, 
United States Code, and sections 6301(a) and (b) and 6303 of 
title 41, United States Code, or any other law, may enter into 
contracts beyond the amount actually appropriated for so much 
of the work on any such authorized project as the physical and 
orderly sequence of construction makes necessary, such 
contracts to be subject to and dependent upon future 
appropriations by Congress: Provided further, That the United 
States Commissioner shall prepare, within 30 days after the end 
of each fiscal year, a report of all expenditures during that 
year for official entertainment and other representation 
expenses, which shall be available for public inspection.

Sec. 277d-36 (American-Mexican Boundary Treaty Act of 1972, Sec. 103)

  Sec. 103. Notwithstanding any other provision of law, the 
Commissioner is authorized to dispose of by warranty deed, or 
otherwise, any land acquired by him on behalf of the United 
States, or obtained by the United States pursuant to treaty 
between the United States and Mexico, and not required for 
project purposes, under procedures to be formulated by the 
Commissioner, to adjoining landowners at such price as he 
considers fair and equitable, and, if not so disposed of, to 
turn such land over to the General Services Administration for 
disposal under the provisions of [the Federal Property and 
Administrative Services Act of 1949] chapter 5 of title 40, 
United States Code.

Sec. 277d-44(c)(2)(N) (Tijuana River Valley Estuary and Beach Sewage 
                    Cleanup Act of 2000, Sec. 804(c)(2)(N))

SEC. 804. ACTIONS TO BE TAKEN BY THE COMMISSIONER AND THE 
ADMINISTRATOR.

                                 * * *

  (c) Contract.-

                                 * * *

          (2) Terms.--Any contract under this subsection shall 
        provide, at a minimum, for the following:

                                 * * *

                  (N) The use of competitive procedures under 
                applicable law, consistent with [title III of 
                the Federal Property and Administrative 
                Services Act of 1949 (41 U.S.C. 251 et seq.)] 
                the provisions referred to in section 171(c) of 
                title 41, United States Code, by the owner of 
                the Mexican facility in the procurement of 
                property or services for the engineering, 
                construction, and operation and maintenance of 
                the Mexican facility.

Sec. 277e (Act of August 27, 1935)

  The Secretary of State is authorized to lease any land 
heretofore or hereafter acquired under any Act, Executive 
order, or treaty in connection with projects, in whole or in 
part, constructed or administered by the Secretary of State 
through the said American Commissioner, or to dispose of such 
lands when no longer needed, subject to applicable regulations 
under [the Federal Property and Administrative Services Act of 
1949, as amended] chapter 5 of title 40, United States Code, * 
* *

Sec. 280b(b) (Joint Resolution of January 28, 1948, Sec. 3(b))

  Sec. 3. There is hereby authorized to be appropriated to the 
Department of State, out of any money in the Treasury not 
otherwise appropriated--

                                 * * *

  (b) Such additional sums as may be needed for the payment of 
all necessary expenses incident to participation by the United 
States in the activities of the Commission, including salaries 
of the United States Commissioners, their alternates, and 
appropriate staff, without regard to the civil-service laws and 
the Classification Act of 1949, as amended; personal services 
in the District of Columbia; services as authorized by section 
15 of Public Law 600, Seventy-ninth Congress; under such rules 
and regulations as the Secretary of State may prescribe, 
allowances for living quarters, including heat, fuel, and light 
and cost-of-living allowances to persons temporarily stationed 
abroad; hire of passenger motor vehicles and other local 
transportation; printing and binding without regard to [section 
11 of the Act of March 1, 1919 (44 U.S.C. 111), and section 
3709 of the Revised Statutes, as amended] section 501 of title 
44, United States Code, and section 6101 of title 41, United 
States Code; and such other expenses as the Secretary of State 
finds necessary to participation by the United States in the 
activities of the Commission: Provided, That the provisions of 
section 6 of the Act of July 30, 1946 (Public Law 565, Seventy-
ninth Congress), and regulations thereunder, applicable to 
expenses incurred pursuant to that Act shall be applicable to 
any expenses incurred pursuant to this paragraph (b).

Sec. 280i(b) (Joint Resolution of March 4, 1948, Sec. 2(b))

  Sec. 2. There is hereby authorized to be appropriated to the 
Department of State, out of any money in the Treasury not 
otherwise appropriated--

                                 * * *

  (b) Such additional sums as may be needed for the payment of 
all necessary expenses incident to participation by the United 
States in the activities of the Commission, including salaries 
of the United States Commissioners, their alternates, and 
appropriate staff, without regard to the civil-service laws and 
the Classification Act of 1949, as amended; personal services 
in the District of Columbia; services as authorized by section 
15 of Public Law 600, Seventy-ninth Congress; hire of passenger 
motor vehicles and other local transportation; printing and 
binding without regard to [section 11 of the Act of March 1, 
1919 (44 U.S.C. 111), and section 3709 of the Revised Statutes, 
as amended] section 501 of title 44, United States Code, and 
section 6101 of title 41, United States Code; and such other 
expenses as the Secretary of State finds necessary to 
participation by the United States in the activities of the 
Commission: Provided, That the provisions of section 6 of the 
Act of July 30, 1946 (Public Law 565, Seventy-ninth Congress), 
and regulations thereunder, applicable to expenses incurred 
pursuant to that Act shall be applicable to any expenses 
incurred pursuant to this paragraph (b).

Sec. 280k(b) (Joint Resolution of June 28, 1948, Sec. 2(b))

  Sec. 2. There is hereby authorized to be appropriated to the 
Department of State, out of any money in the Treasury not 
otherwise appropriated--

                                 * * *

  (b) Such additional sums as may be needed for the payment of 
all necessary expenses incident to participation by the United 
States in the activities of the Commission, including salaries 
of the United States Commissioners, their alternates, and 
appropriate staff, without regard to the civil-service laws and 
the Classification Act of 1949, as amended; personal services 
in the District of Columbia; services as authorized by section 
15 of Public Law 600, Seventy-ninth Congress; hire of passenger 
motor vehicles and other local transportation; printing and 
binding without regard to [section 11 of the Act of March 1, 
1919 (44 U.S.C. 111), and section 3709 of the Revised Statutes, 
as amended] section 501 of title 44, United States Code, and 
section 6101 of title 41, United States Code; and such other 
expenses as the Secretary of State finds necessary to 
participation by the United States in the activities of the 
organization: Provided, That the provisions of section 6 of the 
Act of July 30, 1946 (Public Law 565, Seventy-ninth Congress), 
and regulations thereunder, applicable to expenses incurred 
pursuant to that Act shall be applicable to any expenses 
incurred pursuant to this paragraph (b).

Sec. 287e (United Nations Participation Act of 1945, Sec. 8)

  Sec. 8. There is hereby authorized to be appropriated 
annually to the Department of State, out of any money in the 
Treasury not otherwise appropriated, such sums as may be 
necessary for the payment by the United States of its share of 
the expenses of the United Nations as apportioned by the 
General Assembly in accordance with article 17 of the Charter, 
and for all necessary salaries and expenses of the 
representatives provided for in section 2 of this Act, and of 
their appropriate staffs, including personal services in the 
District of Columbia and elsewhere, without regard to the 
civil-service laws and the Classification Act of 1949, as 
amended; travel expenses without regard to the Standardized 
Government Travel Regulations, as amended, the Travel Expense 
Act of 1949 and, under such rules and regulations as the 
Secretary of State may prescribe, travel expenses of families 
and transportation of effects of United States representatives 
and other personnel in going to and returning from their post 
of duty; allowances for living quarters, including heat, fuel, 
and light, as authorized by the Act approved June 26, 1930 (5 
U.S.C. 118a); cost-of-living allowances for personnel stationed 
abroad under such rules and regulations as the Secretary of 
State may prescribe; communications services; stenographic 
reporting, translating, and other services, by contract; hire 
of passenger motor vehicles and other local transportation; 
rent of offices; printing and binding without regard to section 
11 of the Act of March 1, 1919 (44 U.S.C. 111); allowances and 
expenses as provided in section 6 of the Act of the Act of July 
30, 1946 (Public Law 565, Seventy-ninth Congress), and 
allowances and expenses equivalent to those provided in section 
905 of the Foreign Service Act of 1980; the lease or rental 
(for periods not exceeding ten years) of living quarters for 
the use of the representatives provided for in section 2 of 
this Act serving abroad and of their appropriate staffs the 
cost of installation and use of telephones in the same manner 
as telephone service is provided for use of the Foreign Service 
pursuant to the Act of August 23, 1912, as amended (31 U.S.C. 
679), and unusual expenses similar to those authorized by 
section 22 of the Administrative Expenses Act of 1946, as 
amended by section 311 of the Overseas Differentials and 
Allowances Act, incident to the operation and maintenance of 
such living quarters abroad; and such other expenses as may be 
authorized by the Secretary of State; all without regard to 
[section 709 of the Revised Statutes, as amended (41 U.S.C. 5)] 
section 6101 of title 41, United States Code.

Sec. 287r (Joint Resolution of July 30, 1946, Sec. 6)

  Sec. 6. There is hereby authorized to be appropriated 
annually to the Department of State, out of any money in the 
Treasury not otherwise appropriated such sums as may be 
necessary for the payment by the United States of its share of 
the expenses of the Organization as apportioned by the General 
Conference of the Organization in accordance with article IX of 
the constitution of the Organization, and such additional sums 
as may be necessary to pay the expenses of participation by the 
United States in the activities of the Organization, including: 
* * * (f) stenographic reporting, translating, and other 
services, by contract, if deemed necessary, without regard to 
[section 3709 of the Revised Statutes (U.S.C., title 41, sec. 
5)] section 6101 of title 41, United States Code; * * * (k) 
printing and binding without regard to [section 11 of the Act 
of March 1, 1919 (U.S.C., title 44, sec. 111), and section 3709 
of the Revised Statutes (U.S.C., title 41, sec. 5)] section 501 
of title 44, United States Code, and section 6101 of title 41, 
United States Code; (l) official entertainment; (m) stationery; 
(n) purchase of newspapers, periodicals, books, and documents; 
and (o) such other expenses as may be authorized by the 
Secretary of State.

Sec. 289c(a) (Joint Resolution of July 1, 1947, Sec. 4(a))

  Sec. 4. (a) Sums from the appropriations made pursuant to 
paragraph (a) of section 3 may be transferred to any 
department, agency, or independent establishment of the 
Government to carry out the purposes of such subsection, and 
such sums shall be available for obligation and expenditure in 
accordance with the laws governing obligations and expenditures 
of the department, agency, independent establishment, or 
organizational unit thereof concerned, and without regard to 
[sections 3709 and 3648 of the Revised Statutes, as amended 
(U.S.C., 1940 edition, title 41, sec. 5, and title 31, sec. 
529)] section 3324(a) and (b) of title 31, United States Code, 
and section 6101 of title 41, United States Code.

Sec. 290b(b)(1)) (Joint Resolution of June 14, 1948, Sec. 3(b)(1))

  Sec. 3. There are hereby authorized to be appropriated to the 
Department of State for contribution to the working capital 
fund of the organization the sum of $560,000 and as annual 
appropriations the following:

                                 * * *

          (b) such additional sums, not to exceed $83,000 for 
        the fiscal year beginning July 1, 1947, as may be 
        necessary to pay the expenses incident to participation 
        by the United States in the activities of the 
        Organization, including--
                  (1) salaries of the representative and 
                alternate provided for in section 2 hereof, and 
                appropriate staff, including personal services 
                in the District of Columbia and elsewhere, 
                without regard to the civil-service laws and 
                the Classification Act of 1949, as amended; 
                services as authorized by section 15 of Public 
                Law 600, Seventy-ninth Congress; under such 
                rules and regulations as the Secretary of State 
                may prescribe, allowances for living quarters, 
                including heat, fuel, and light and cost of 
                living allowances to persons temporarily 
                stationed abroad; printing and binding without 
                regard to [section 11 of the Act of March 1, 
                1919 (44 U.S.C. 111), and section 3709 of the 
                Revised Statutes, as amended] section 501 of 
                title 44, United States Code, and section 6101 
                of title 41, United States Code; and

Sec. 1472(a)(2) (United States Information and Educational Exchange Act 
                    of 1948, Sec. 802(a)(2))

  Sec. 802. (a) In carrying on activities which further the 
purposes of this Act, subject to approval of such activities by 
the Secretary, the Department and the other Government agencies 
are authorized--

                                 * * *

          (2) to make contracts, including contracts with 
        governmental agencies, foreign or domestic, including 
        subdivisions thereof, and intergovernmental 
        organizations of which the United States is a member, 
        and, with respect to contracts entered into in foreign 
        countries, without regard to [section 3741 of the 
        Revised Statutes (41 U.S.C. 22)] section 6306 of title 
        41, United States Code;

Sec. 2103(c)(2) (International Health Research Act of 1960, 
                    Sec. 5(c)(2))

  Sec. 5. (a) It is the sense of Congress that the President 
should use his authority under the Constitution and laws of the 
United States to accomplish the purposes of section 2 of this 
joint resolution and in accomplishing such purposes (1) use to 
the fullest extent practicable foreign currencies or credits 
available for utilization by the United States, (2) enter into 
agreements to use foreign currencies and credits available to 
other nations for use with the agreement of the United States, 
and (3) use any other foreign currencies and credits which may 
be made available by participating foreign countries.

                                 * * *

  (c) To carry out his responsibilities under this 
jointresolution the President may--

                                 * * *

          (2) make financial grants to establish and maintain 
        fellowships, and for other purposes, to public 
        institutions and agencies and to nonprofit private 
        institutions and agencies, and to individuals in 
        participating foreign countries, or contract with such 
        institutions, agencies, or individuals without regard 
        to [sections 3648 and 3709 of the Revised Statutes of 
        the United States] section 3324(a) and (b) of title 31, 
        United States Code, and section 6101 of title 41, 
        United States Code;

Sec. 2179(c) (Foreign Assistance Act of 1961, Sec. 219(c))

  Sec. 219. Prototype Desalting Plant.--(a) In furtherance of 
the purposes of this part and for the purpose of improving 
existing, and developing and advancing new, technology and 
experience in the design, construction, and operation of large-
scale desalting plants of advanced concepts which will 
contribute materially to low-cost desalination in all 
countries, including the United States, the President, if he 
determines it to be feasible, is authorized to participate in 
the development of a large-scale water treatment and desalting 
prototype plant and necessary appurtenances to be constructed 
in Israel as an integral part of a dual-purpose power 
generating and desalting project. Such participation shall 
include financial, technical, and such other assistance as the 
President deems appropriate to provide for the study, design, 
construction, and, for a limited demonstration period of not to 
exceed five years, operation and maintenance of the water 
treatment and desalting facilities of the dual-purpose project.

                                 * * *

  (c) In carrying out the provisions of this section, the 
President may enter into contracts with public or private 
agencies and with any person without regard to [sections 3648 
and 3709 of the Revised Statutes of the United States (31 
U.S.C. 529 and 41 U.S.C. 5)] section 3324(a) and (b) of title 
31, United States Code, and section 6101 of title 41, United 
States Code.

Sec. 2358 (Foreign Assistance Act of 1961, Sec. 608)

  Sec. 608. Advance Acquisition of Property.--(a) It is the 
sense of the Congress that in furnishing assistance under 
chapter 1 of part I excess personal property, or (if a 
substantial savings would occur) other property already owned 
by an agency of the United States Government, shall be utilized 
wherever practicable in lieu of or supplementary to the 
procurement of new items for United States-assisted projects 
and programs. The President is authorized to maintain in a 
separate account, which shall, notwithstanding section 1210 of 
the General Appropriation Act, 1951 (64 Stat. 765), be free 
from fiscal year limitation, $5,000,000 of funds made available 
under chapter 1 of part I, which may be used to pay costs 
(including personnel costs) of acquisition, storage, renovation 
and rehabilitation, packing, crating, handling, transportation, 
and related costs of property classified as domestic or foreign 
excess property pursuant to [the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. 471 
et seq.)] chapter 5 of title 40, United States Code, any 
property available from an agency of the United States 
Government, or other property, in advance of known requirements 
therefor for use in furtherance of the purposes of part I: 
Provided, That the amount of property classified as domestic 
excess property pursuant to [the Federal Proprety and 
Administrative Services Act of 1949, as amended,] chapter 5 of 
title 40, United States Code held at any one time pursuant to 
this section shall not exceed $15,000,000 in total original 
acquisition cost. Property acquired pursuant to the preceding 
sentence may be furnished (1) pursuant to any provision of part 
I for which funds are authorized for the furnishing of 
assistance, in which case the separate account established 
pursuant to this section shall be repaid from funds made 
available for such provision for all costs incurred, or (2) 
pursuant to section 607, in which case such separate account 
shall be repaid in accordance with the provisions of that 
section for all costs incurred.
  (b) Property classified as domestic excess property under 
[the Federal Property and Administrative Services Act of 1949, 
as amended] chapter 5 of title 40, United States Code, shall 
not be transferred to the agency primarily responsible for 
administering part I for use pursuant to the provisions of part 
I or section 607 unless (1) such property is transferred for 
use exclusively by an agency of the United States Government, 
or (2) it has been determined in the same manner as provided 
for surplus property in section 549(a) to (e) of title 40, that 
such property is not needed for donation pursuant to those 
subsections. The foregoing restrictions shall not apply to the 
transfer in any fiscal year for use pursuant to the provisions 
of part I of amounts of such property with a total original 
acquisition cost to the United States Government not exceeding 
$45,000,000.

Sec. 2392(e)(1) (Foreign Assistance Act of 1961, Sec. 632(e)(1))

  Sec. 632. Allocation and Reimbursement Among Agencies.--(a) 
The President may allocate or transfer to any agency of the 
United States Government any part of any funds available for 
carrying out the purposes of this Act, including any advance to 
the United States Government by any country or international 
organization for the procurement of commodities, defense 
articles, military education and training, or services 
(including defense services). Such funds shall be available for 
obligation and expenditure for the purposes for which 
authorized, in accordance with authority granted in this Act or 
under authority governing the activities of the agencies of the 
United States Government to which such funds are allocated or 
transferred.

                                 * * *

  (e) In furnishing assistance under this Act, accounts may be 
established on the books of any agency of the United States 
Government or, on terms and conditions approved by the 
Secretary of the Treasury, in banking institutions in the 
United States, (1) against which letters of commitment may be 
issued which shall constitute recordable obligations of the 
United States Government, and moneys due or to become due under 
such letters of commitment shall be assignable under [the 
Assignment of Claims Act of 1940, as amended (second and third 
paragraphs of 31 U.S.C. 203 and 41 U.S.C. 15)] section 3727(b) 
(last sentence (and (c) of title 31, United States Code, and 
section 6305(b)(1) through (7) of title 41, United States Code, 
and (2) from which disbursements may be made to, or withdrawals 
may be made by, recipient countries or agencies, organizations, 
or persons upon presentation of contracts, invoices, or other 
appropriate documentation. Expenditure of funds which have been 
made available through accounts so established shall be 
accounted for on standard documentation required for 
expenditure of funds of the United States Government: Provided, 
That such expenditures for commodities, defense articles, 
military education and training, services (including defense 
services), or facilities procured outside the United States may 
be accounted for exclusively on such certification as may be 
prescribed in regulations approved by the Comptroller General 
of the United States.

Sec. 2396(g)(3)) (Foreign Assistance Act of 1961, Sec. 636(g)(3))

  Sec. 636. Provisions on Uses of Funds.--(a) Appropriations 
for the purposes of or pursuant to this Act (except for part 
II), allocations to any agency of the United States Government, 
from other appropriations, for functions directly related to 
the purposes of this Act, and funds made available for other 
purposes to the agency primarily responsible for administrating 
part I, shall be available for:

                                 * * *

  (g) Funds made available for the purposes of part II or the 
Arms Export Control Act shall be available for--

                                 * * *

          (3) maintenance, repair, alteration and furnishing of 
        United States-owned facilities in the District of 
        Columbia or elsewhere for the training of foreign 
        military and related civilian personnel, without regard 
        to the provisions of [section 733 of the Revised 
        Statutes (41 U.S.C. 12)] section 6303 of title 41, 
        United States Code, or other provision of law requiring 
        a specific authorization or specific appropriation for 
        such public contracts.

Sec. 2509(d) (Peace Corps Act, Sec. 10(d))

  Sec. 10. (a) In furtherance of the purposes of this chapter, 
the President may--

                                 * * *

  (d) Whenever the President determines it to be in furtherance 
of the purposes of this Act, functions authorized by this 
chapter may be performed without regard to such provisions of 
law (other than [section 3709 of the Revised Statutes of the 
United States, as amended, section 302 of the Federal Property 
and Administrative Services Act of 1949] sections 3101(a) and 
(c), 3104, 3106, 3301(b)(2), and 6101 of title 41, United 
States Code, and the Renegotiation Act of 1951, as amended) 
regulating the making, performance, amendment, or modification 
of contracts and the expenditure of Government funds as the 
President may specify.

Sec. 2581(a) (Arms Control and Disarmament Act, Sec. 401(a))

  Sec. 401. In addition to any authorities otherwise available, 
the Secretary of State in the performance of functions under 
this Act is authorized to--
          (a) utilize or employ the services, personnel, 
        equipment, or facilities of any other Government 
        agency, with the consent of the agency concerned, to 
        perform such functions on behalf of the Department of 
        State as may appear desirable. Any Government agency is 
        authorized, not withstanding any other provision of 
        law, to transfer to or to receive from the Secretary of 
        State, without reimbursement, supplies and equipment 
        other than administrative supplies or equipment. 
        Transfer or receipt of excess property shall be in 
        accordance with the provisions of [the Federal Property 
        and Administrative Services Act of 1949, as amended] 
        chapter 5 of title 40, United States Code;

Sec. 2669(h) (State Department Basic Authorities Act of 1956, 
                    Sec. 2(h))

  Sec. 2. The Secretary of State may use funds appropriated or 
otherwise available to the Secretary to--

                                 * * *

          (h) directly procure goods and services in the United 
        States or abroad, solely for use by United States 
        Foreign Service posts abroad when the Secretary of 
        State, in accordance with guidelines established in 
        consultation with the Administrator of General 
        Services, determines that use of the Federal Supply 
        Service or otherwise applicable Federal goods and 
        services acquisition authority would not meet emergency 
        overseas security requirements determined necessary by 
        the Secretary, taking into account overseas delivery, 
        installation, maintenance, or replacement requirements, 
        except that the authority granted by this paragraph 
        shall cease to be effective when the amendment made by 
        section 2711 of the Competition in Contracting Act of 
        1984 takes effect and thereafter procurement by the 
        Secretary of State for the purposes described in this 
        paragraph shall be in accordance with [section 
        303(c)(2) of the Federal Property and Administrative 
        Services Act of 1949] section 3304(a)(2) of title 41, 
        United States Code;

Sec. 2676 (State Department Basic Authorities Act of 1956, Sec. 9)

  Sec. 9. The Secretary of State is authorized to enter into 
contracts in foreign countries involving expenditures from 
funds appropriated or otherwise made available to the 
Department of State, without regard to the provisions of 
[section 3741 of the Revised Statutes (41 U.S.C. 22)] section 
6306 of title 41, United States Code: Provided, That nothing in 
this section shall be construed to waive the provisions of 
section 431 of title 18 of the United States Code.

Sec. 2679c(a)(1) (Anti-Economic Discrimination Act of 1994, 
                    Sec. 565(a)(1))

SEC. 565. PROHIBITION ON DISCRIMINATORY CONTRACTS.
  (a) Prohibition.--
          (1) Except for real estate leases and as provided in 
        subsection (b), the Department of State may not enter 
        into any contract that expends funds appropriated to 
        the Department of State for an amount in excess of the 
        small purchase threshold (as defined in [section 4(11) 
        of the Office of Federal Procurement Policy Act (41 
        U.S.C. 403(11)) section 134 of title 41, United States 
        Code)--

Sec. 2713(b)(2) (State Department Basic Authorities Act of 1956, 
                    Sec. 41(b)(2))

SEC. 41. PROTECTION OF HISTORIC AND ARTISTIC FURNISHINGS OF 
RECEPTION AREAS OF THE HARRY S. TRUMAN FEDERAL BUILDING.
  (a) In General.--The Secretary of State shall administer the 
historic and artistic articles of furniture, fixtures, and 
decorative objects of the reception areas of the Department of 
State by such means and measures as conform to the purposes of 
the reception areas, which include conserving those articles, 
fixtures, and objects and providing for their enjoyment in such 
manner and by such means as will leave them for the use of the 
American people. Nothing shall be done under this subsection 
which conflicts with the administration of the Department of 
State or with the use of the reception areas for official 
purposes of the United States Government.
  (b) Disposition of Historic and Artistic Items.--

                                 * * *

          (2) Sale or trade.--Whenever the Secretary of State 
        determines that--
                  (A) any item covered by paragraph (1) is no 
                longer needed for use or display in the 
                reception areas, or
                  (B) in order to upgrade the reception areas, 
                a better use of that article would be its sale 
                or exchange,
        the Secretary may, with the advice and concurrence of 
        the Director of the National Gallery of Art, sell the 
        item at fair market value or trade it, without regard 
        to the requirements of [the Federal Property and 
        Administrative Services Act of 1949] chapter 5 of title 
        40, United States Code. The proceeds of any such sale 
        may be credited to the unconditional gift account of 
        the Department of State, and items obtained in trade 
        shall be the property of the Secretary of State under 
        this subsection.

Sec. 3861(c)(2) (Panama Canal Act of 1979, Sec. 3101(c)(2))

  Sec. 3101. (a) Panama Canal Acquisition Regulation.--(1) The 
Commission shall establish by regulation a comprehensive 
procurement system. The regulation shall be known as the 
``Panama Canal Acquisition Regulation'' (in this section 
referred to as the ``Regulation'') and shall provide for the 
procurement of goods and services by the Commission in a manner 
that--

                                 * * *

  (c) Waiver Authority.--(1) Subject to paragraph (2), the 
Commission shall determine which provisions of Federal law 
should not apply to procurement by the Commission and may waive 
those laws for purposes of the Regulation and Supplement.
  (2) For purposes of paragraph (1), the Commission may not 
waive--
          (A) [section 27 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 423)] chapter 21 of title 41, 
        United States Code;
          (B) [the Contract Disputes Act of 1978 (41 U.S.C. 601 
        et seq.), other than section 10(a) of such Act (41 
        U.S.C. 609(a))] chapter 71 (other than section 7104(b)) 
        of title 41, United States Code; or

Sec. 3862 (Panama Canal Act of 1979, Sec. 3102)

  Sec. 3102. (a) Establishment.--(1) The Secretary of Defense, 
in consultation with the Commission, may establish a board of 
contract appeals, to be known as the Panama Canal Board of 
Contract Appeals, in accordance with [section 8 of the Contract 
Disputes Act of 1978 (41 U.S.C. 607) sections 7105(a), (c) 
through (e), and (g), 7106(a), and 7107(a) of title 41, United 
States Code. Except as otherwise provided by this section, the 
Panama Canal Board of Contract Appeals (in this section 
referred to as the ``Board'') shall be subject to [the 
Contracts Disputes Act of 1978 (41 U.S.C. 601 et seq.)] chapter 
71 of title 41, United States Code in the same manner as any 
other agency board of contract appeals established under [that 
Act] that chapter.

                                 * * *

  (b) Exclusive Jurisdiction to Decide Appeals.--
Notwithstanding [section 10(a)(1) of the Contract Disputes Act 
of 1978 (41 U.S.C. 609(a)(1))] section 7104(b)(1) of title 41, 
United States Code or any other provision of law, the Board 
shall have exclusive jurisdiction to decide an appeal from a 
decision of a contracting officer under [section 8(d) of such 
Act (41 U.S.C. 607(d))] section 7105(e) of title 41, United 
States Code.

Sec. 4024(a)(5) (Foreign Service Act of 1980, Sec. 704(a)(5))

  Sec. 704. Training Authorities.--(a) In the exercise of 
functions under this chapter, the Secretary of State may--

                                 * * *

          (5) acquire such real and personal property and 
        equipment as may be necessary for the establishment, 
        maintenance, and operation of the facilities necessary 
        to carry out the provisions of this chapter without 
        regard to [section 3709 of the Revised Statutes of the 
        United States (41 U.S.C. 5) and section 302 of the 
        Federal Property and Administrative Services Act of 
        1949 (41 U.SC. 252)] sections 3101(a) and (c), 3104, 
        3106, 3301(b)(2), and 6101 of title 41, United States 
        Code.

Sec. 5422(c)(1) (Support for East European Democracy (SEED) Act of 
                    1989, Sec. 202(c)(1))

SEC. 202. LABOR MARKET TRANSITION IN POLAND AND HUNGARY.
  (a) Technical Assistance.--The Secretary of Labor 
(hereinafter in this section referred to as the ``Secretary''), 
in consultation with representatives of labor and business in 
the United States, shall--

                                 * * *

  (c) Administrative Authorities.---In carrying out subsection 
(a) of this section, the Secretary is authorized to do the 
following:
          (1) Solicit and accept in the name of the Department 
        of Labor, and employ or dispose of in furtherance of 
        the purposes of this section, any money or property, 
        real, personal, or mixed, tangible or intangible, 
        received by gift, devise, bequest, or otherwise. Gifts 
        and donations of property which are no longer required 
        for the discharge of the purposes of this section shall 
        be reported to the Administrator of General Services 
        for transfer, donation, or other disposal in accordance 
        with [the Federal Property and Administrative Services 
        Act of 1949 (40 U.S.C. and following)] chapter 5 of 
        title 40, United States Code.

Sec. 8511(3) (Comprehensive Iran Sanctions, Accountability, and 
                    Divestment Act of 2010, Sec. 101(3))

SEC. 101. DEFINITIONS.
  In this title:

                                 * * *

          (3) Executive agency.--The term ``executive agency'' 
        has the meaning given that term in section 133 of title 
        41, United States Code.

                           TITLE 23--HIGHWAYS

Sec. 140(b) and (c)

Sec. 140. Nondiscrimination

                                 * * *

  (b) The Secretary, in cooperation with any other department 
or agency of the Government, State agency, authority, 
association, institution, Indian tribal government, corporation 
(profit or nonprofit), or any other organization or person, is 
authorized to develop, conduct, and administer surface 
transportation and technology training, including skill 
improvement programs, and to develop and fund summer 
transportation institutes. Whenever apportionments are made 
under section 104(b)(3) of this title, the Secretary shall 
deduct such sums as necessary, not to exceed $10,000,000 per 
fiscal year, for the administration of this subsection. Such 
sums so deducted shall remain available until expended. The 
provisions of [section 6101(b) to (d)] section 6101 of title 41 
shall not be applicable to contracts and agreements made under 
the authority herein granted to the Secretary. Notwithstanding 
any other provision of law, not to exceed 1/2 of 1 percent of 
funds apportioned to a State for the surface transportation 
program under section 104(b) and the bridge program under 
section 144 may be available to carry out this subsection upon 
request of the State transportation department to the 
Secretary.
  (c) The Secretary, in cooperation with any other department 
or agency of the Government, State agency, authority, 
association, institution, Indian tribal government, corporation 
(profit or nonprofit), or any other organization or person, is 
authorized to develop, conduct, and administer training 
programs and assistance programs in connection with any program 
under this title in order that minority businesses may achieve 
proficiency to compete, on an equal basis, for contracts and 
subcontracts. Whenever apportionments are made under section 
104(b)(3), the Secretary shall deduct such sums as necessary, 
not to exceed $10,000,000 per fiscal year, for the 
administration of this subsection. The provisions of ]section 
6101(b) to (d)] section 6101 of title 41 shall not be 
applicable to contracts and agreements made under the authority 
herein granted to the Secretary notwithstanding the provisions 
of section 3106 of title 41.

Sec. 502(c)(5)

Sec. 502. Surface transportation research

                                 * * *

  (c) Collaborative Research and Development.--

                                 * * *

          (5) Waiver of advertising requirements.--[Section 
        6101(b) to (d)] Section 6101 of title 41 shall not 
        apply to a contract or agreement entered into under 
        this chapter.

                    TITLE 24--HOSPITALS AND ASYLUMS

Sec. 225h (Saint Elizabeths Hospital and District of Columbia Mental 
                    Health Services Act, Sec. 11)

SEC. 11. BUY AMERICAN PROVISIONS.
  (a) The Mayor shall insure that the requirements of [the Buy 
American Act of 1933, as amended] chapter 83 of title 41, 
United States Code, apply to all procurements made under this 
subchapter.
  (b) Determination by the Mayor.--(1) If the Mayor, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement described in paragraph (2) has violated the terms of 
the agreement by discriminating against certain types of 
products produced in the United States that are covered by the 
agreement, the United States Trade Representative shall rescind 
the waiver of [the Buy American Act] chapter 83 of title 41, 
United States Code, with respect to such types of products 
produced in that foreign country.
  (2) An agreement referred to in paragraph (1) is any 
agreement, between the United States and a foreign country 
pursuant to which the head of an agency of the United States 
Government has waived the requirements of [the Buy American 
Act] chapter 83 of title 41, United States Code, with respect 
to certain products produced in the foreign country.
  (c) Report to Congress.--The Mayor shall submit to Congress a 
report on the amount of purchases from foreign entities under 
this subchapter from foreign entities in fiscal years 1992 and 
1993. Such report shall separately indicate the dollar value of 
items for which [the Buy American Act] chapter 83 of title 41, 
United States Code, was waived pursuant to any agreement 
described in subsection (a)(2) of this section, the Trade 
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a party.
  [(d) [Buy American Act Defined.--For purposes of this 
section, the term ``Buy American Act'' means title III of the 
Act entitled ``An Act making appropriations for the Treasury 
and Post Office Departments for the fiscal year ending June 30, 
1934, and for other purposes'', approved March 3, 1933 (41 
U.S.C. 10a et seq.).]
  [(e)] (d) Restrictions on Contract Awards.--No contract or 
subcontract made with funds authorized under this title may be 
awarded for the procurement of an article, material, or supply 
produced or manufactured in a foreign country whose government 
unfairly maintains in government procurement a significant and 
persistent pattern or practice of discrimination against United 
States products or services which results in identifiable harm 
to United States businesses, as identified by the President 
pursuant to (g)(1)(A) of section 305 of the Trade Agreements 
Act of 1979 (19 U.S.C. 2515(g)(1)(A)). Any such determination 
shall be made in accordance with section 305.
  [(f)] (e) Prohibition Against Fraudulent Use of ``Made in 
America'' Labels.--If it has been finally determined by a court 
or Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription 
with the same meaning, to any product sold in or shipped to the 
United States that is not made in the United States, that 
person shall be ineligible to receive any contract or 
subcontract under this Act, pursuant to the debarment, 
suspension, and ineligibility procedures in subpart 9.4 of 
chapter 1 of title 48, Code of Federal Regulations.

Sec. 322(a) (Public Law 86-571, Sec. 2(a))

  Sec. 2. (a) Upon request of the Secretary of State, the 
Secretary of Health and Human Services is authorized (directly 
or through arrangements under this subsection) to receive any 
eligible person at any port of entry or debarkation upon 
arrival from a foreign country and, to the extent he finds it 
necessary, to temporarily care for and treat at suitable 
facilities (including a hospital), and otherwise render 
assistance to, such person pending his transfer or 
hospitalization pursuant to other sections of this Act. For the 
purpose of providing such care and treatment and assistance, 
the Secretary is authorized to enter into suitable arrangements 
with appropriate State or other public or nonprofit agencies. 
Such arrangements shall be made without regard to [section 3709 
of the Revised Statutes, as amended (41 U.S.C. 5),] section 
6101 of title 41, United States Code and may provide for 
payment by the Secretary either in advance or by way of 
reimbursement.

Sec. 324(a) (Public Law 86-571, Sec. 4(a))

  Sec. 4. (a) Until the transfer and release of an eligible 
person pursuant to section 3, the Secretary is authorized to 
provide care and treatment for such person at any Federal 
hospital within or (pursuant to agreement) outside of the 
Department, or (under contract or other arrangements made 
without regard to [section 3709 of the Revised Statutes, as 
amended] section 6101 of title 41, United States Code) at any 
other public or private hospital in any State and, for such 
purposes, to transfer such person to any such hospital from a 
place of temporary care provided pursuant to section 2. In 
determining the place of such hospitalization, the Secretary 
shall give due weight to the best interests of the patient.

                           TITLE 25--INDIANS

Sec. 190 (Act of April 12, 1924)

  Subject to applicable regulations under [the Federal Property 
and Administrative Services Act of 1949, as amended] chapter 5 
of title 40, United States Code, the Secretary of the Interior 
is authorized in his discretion to sell and convey by deed or 
patent, under such terms and conditions as he may prescribe, at 
not less than their appraised value, nonreservation Government 
tracts or plants or tribal administrative plants or reserves, 
or parts thereof, not exceeding forty acres in area and not 
exceeding $2,000 in value, not longer needed for Indian 
administrative or allotment purposes, and small unallotted 
tracts not exceeding forty acres, where a sale will serve the 
tribal interests. All sales made under this section shall be at 
public auction, to the highest and best bidder.

Sec. 293 (Act of March 2, 1917, first section)

  Subject to applicable regulations under [the Federal Property 
and Administrative Services Act, as amended] chapter 5 of title 
40, United States Code, the Secretary of the Interior is 
authorized to cause to be sold, to the highest bidder, under 
such rules and regulations as he may prescribe any tract or 
part of a tract of land purchased by the United States for day 
school or other Indian administrative uses, not exceeding one 
hundred and sixty acres in any one tract, when said land or a 
part thereof is no longer needed for the original purpose; the 
proceeds therefrom in all cases to be paid into the Treasury of 
the United States; title to be evidenced by a patent in fee 
simple for such lands as can be described in terms of the legal 
survey, or by deed duly executed by the Secretary of the 
Interior containing such metes-and-bounds description as will 
identify the land so conveyed as the land which had been 
purchased: Provided, That where the purchase price was paid 
from tribal funds, the net proceeds shall be placed in the 
Treasury of the United States to the credit of the respective 
tribes of Indians.

Sec. 450j(a)(3) (Indian Self-Determination and Education Assistance 
                    Act, Sec. 105(a)(3))

  Sec. 105. (a)(1) Notwithstanding any other provision of law, 
subject to paragraph (3), the contracts and cooperative 
agreements entered into with tribal organizations pursuant to 
section 102 shall not be subject to Federal contracting or 
cooperative agreement laws (including any regulations), except 
to the extent that such laws expressly apply to Indian tribes.

                                 * * *

  (3)(A) With respect to a construction contract (or a 
subcontract of such a construction contract), the provisions 
[of the Office of Federal Procurement Policy Act (41 U.S.C. 401 
et seq.)] referred to in section 172(b) of title 41, United 
States Code, and the regulations relating to acquisitions 
promulgated under [such Act] such provisions shall apply only 
to the extent that the application of such provision to the 
construction contract (or subcontract) is--

                                 * * *

  (C)(i) Except as provided in subparagraph (B), no Federal law 
listed in clause (ii) or any other provision of Federal law 
(including an Executive order) relating to acquisition by the 
Federal Government shall apply to a construction contract that 
a tribe or tribal organization enters into under this Act, 
unless expressly provided in such law.
  (ii) The laws listed in this paragraph are as follows:
          (I) The [Federal Property and Administrative Services 
        Act of 1949 (40 U.S.C. 471 et seq.)] provisions 
        referred to in section 171(b) and (c) of title 41, 
        United States Code.
          (II) [Section 3709 of the Revised Statutes] Section 
        6101 of title 41, United States Code.

                                 * * *

          (VIII) [Sections 1 through 12 of the Act of June 30, 
        1936 (49 Stat. 2036 et seq.), chapter 881)] Chapter 65 
        of title 41, United States Code.
          (IX) [The Service Control Act of 1965 (41 U.S.C. 351 
        et seq.)] Chapter 67 of title 41, United States Code.

Sec. 450k(a)(1) (Indian Self-Determination and Education Assistance 
                    Act, Sec. 107(a)(1))

  Sec. 107. (a)(1) Except as may be specifically authorized in 
this subsection, or in any other provision of this Act, the 
Secretary of the Interior and the Secretary of Health and Human 
Services may not promulgate any regulation, nor impose any 
nonregulatory requirement, relating to self-determination 
contracts or the approval, award, or declination of such 
contracts, except that the Secretary of the Interior and the 
Secretary of Health and Human Services may promulgate 
regulations under this Act relating to chapter 171 of title 28, 
commonly known as the ``Federal Tort Claims Act'', [the 
Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)] chapter 
71 of title 41, United States Code, declination and waiver 
procedures, appeal procedures, reassumption procedures, 
discretionary grant procedures for grants awarded under section 
103, property donation procedures arising under section 105(f), 
internal agency procedures relating to the implementation of 
this Act, retrocession and tribal organization relinquishment 
procedures, contract proposal contents, conflicts of interest, 
construction, programmatic reports and data requirements, 
procurement standards, property management standards, and 
financial management standards.

Sec. 450m-1(d) (Indian Self-Determination and Education Assistance Act, 
                    Sec. 110(d))

  Sec. 110. (a) The United States district courts shall have 
original jurisdiction over any civil action or claim against 
the appropriate Secretary arising under this Act and, subject 
to the provisions of subsection (d) of this section and 
concurrent with the United States Court of Claims, over any 
civil action or claim against the Secretary for money damages 
arising under contracts authorized by this Act. In an action 
brought under this paragraph, the district courts may order 
appropriate relief including money damages, injunctive relief 
against any action by an officer of the United States or any 
agency thereof contrary to this Act or regulations promulgated 
thereunder, or mandamus to compel an officer or employee of the 
United States, or any agency thereof, to perform a duty 
provided under this Act or regulations promulgated hereunder 
(including immediate injunctive relief to reverse a declination 
finding under section 102(a)(2) or to compel the Secretary to 
award and fund an approved self-determination contract).

                                 * * *

  (d) [The Contract Disputes Act (Public Law 95-563, Act of 
November 1, 1978; 92 Stat. 2383, as amemded)] Chapter 71 of 
title 41, United States Code, shall apply to self-determination 
contracts, except that all administrative appeals relating to 
such contracts shall be heard by the [Interior Board of 
Contract Appeals established pursuant to section 8 of such Act 
(41 U.S.C. 607)] Civilian Board of Contract Appeals established 
pursuant to section 7105(b) of title 41, United States Code.

Sec. 458cc(e)(1) (Indian Self-Determination and Education Assistance 
                    Act, Sec. 403(e)(1))

SEC. 403. FUNDING AGREEMENTS.
  (a) Authorization.--The Secretary shall negotiate and enter 
into an annual written funding agreement with the governing 
body of each participating tribal government in a manner 
consistent with the Federal Government's laws and trust 
relationship to and responsibility for the Indian people.

                                 * * *

  (e) Construction Projects.--(1) Regarding construction 
programs or projects, the Secretary and Indian tribes may 
negotiate for the inclusion of specific provisions [of the 
Office of Federal Procurement and Policy Act] referred to in 
section 172(b) of title 41, United States Code and Federal 
acquisition regulations in any funding agreement entered into 
under this Act. Absent a negotiated agreement, such provisions 
and regulatory requirements shall not apply.

Sec. 458aaa-8(h) (Indian Self-Determination and Education Assistance 
                    Act, Sec. 509(h))

SEC. 509. CONSTRUCTION PROJECTS.
  (a) In General.--Indian tribes participating in tribal self-
governance may carry out construction projects under this title 
if they elect to assume all Federal responsibilities under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), the National Historic Preservation Act (16 U.S.C. 470 et 
seq.), and related provisions of law that would apply if the 
Secretary were to undertake a construction project, by adopting 
a resolution--

                                 * * *

  (h) Application of Other Laws.--Unless otherwise agreed to by 
the Indian tribe, no provision [of the Office of Federal 
Procurement Policy Act] referred to in section 172(b) of title 
41, United States Code, the Federal Acquisition Regulations 
issued pursuant thereto, or any other law or regulation 
pertaining to Federal procurement (including Executive orders) 
shall apply to any construction project conducted under this 
title.

Sec. 458aaa-9) (Indian Self-Determination and Education Assistance Act, 
                    Sec. 510)

SEC. 510. FEDERAL PROCURMENT LAWS AND REGULATIONS.
  Regarding construction programs or projects, the Secretary 
and Indian tribes may negotiate for the inclusion of specific 
provisions [of the Office of Federal Procurement and Policy Act 
(41 U.S.C. 401 et seq.)] referred to in section 172(b) of title 
41, United States Code and Federal acquisition regulations in 
any funding agreement entered into under this part. Absent a 
negotiated agreement, such provisions and regulatory 
requirements shall not apply.

Sec. 463d note (Public Law 85-186, first section)

That, upon request of any Indian tribe, group, or corporate 
entity, and approval of the request by the Secretary of the 
Interior as provided in this Act, the Administrator of the 
General Services Administration is authorized to transfer, 
without cost to such Indian tribe, group, or corporate entity, 
title to any property of the United States at the McNary Dam 
townsite, Umatilla, Oregon, or at Pickstown, South Dakota, that 
is declared surplus pursuant to [the Federal Property and 
Administrative Services Act of 1949 (Act of June 30, 1949; 63 
Stat. 378), as amended] chapter 5 of title 40, United States 
Code. Such property shall not be exempt from taxation because 
of the fact that title is held by the Indian tribe, group, or 
corporate entity.

Sec. 1638b (Indian Health Care Improvement Act, Sec. 310)

  Sec. 310. (a) The Secretary shall ensure that the 
requirements of [the Buy American Act] chapter 83 of title 41, 
United States Code apply to all procurements made with funds 
made available to carry out this title.
  (b) The Secretary shall submit to the Congress a report on 
the amount of procurements from foreign entities made in fiscal 
years 1993 and 1994 with funds made available to carry out this 
title. Such report shall separately indicate the dollar value 
of items procured with such funds for which [the Buy American 
Act] chapter 83 of title 41, United States Code was waived 
pursuant to the Trade Agreement Act of 1979 or any 
international agreement to which the United States is a party.

                                 * * *

  [(d) For purposes of this section, the term ``Buy American 
Act'' means title III of the Act entitled ``An Act making 
appropriations for the Treasury and Post Office Departments for 
the fiscal year ending June 30, 1934, and for other purposes'', 
approved March 3, 1933 (41 U.S.C. 10a et seq.).]

                    TITLE 26--INTERNAL REVENUE CODE

Sec. 5000C note (James Zadroga 9/11 Health and Compensation Act of 
                    2010, Sec. 301(b)(3))

SEC. 301. EXCISE TAX ON CERTAIN FOREIGN PROCUREMENT.

                                 * * *

  (b) Prohibition on Reimbursement of Fees.--

                                 * * *

          (3) Executive agency.--For purposes of this 
        subsection, the term ``executive agency'' has the 
        meaning given the term in [section 4 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403)] section 
        133 of title 41, United States Code.

               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE

Sec. 524(c)(1)

Sec. 524. Availability of appropriations

                                 * * *

  (c)(1) There is established in the United States Treasury a 
special fund to be known as the Department of Justice Assets 
Forfeiture Fund (hereafter in this subsection referred to as 
the ``Fund'') which shall be available to the Attorney General 
without fiscal year limitation for the following law 
enforcement purposes--

                                 * * *

Amounts for paying the expenses authorized by subparagraphs 
(B), (F), and (G) shall be specified in appropriations Acts and 
may be used under authorities available to the organization 
receiving the funds. Amounts for other authorized expenditures 
and payments from the Fund, including equitable sharing 
payments, are not required to be specified in appropriations 
acts. The Attorney General may exempt the procurement of 
contract services under subparagraph (A) under the Fund from 
[division C (except sections 3302, 3501(b), 3509, 3906, 4710, 
and 4711) of subtitle I of title 41, section 6101(b) to (d) of 
title 41,] the provisions referred to in section 171(c), and 
section 6101, of title 41 and other provisions of law as may be 
necessary to maintain the security and confidentiality of 
related criminal investigations.

Sec. 524 note (Department of Justice Appropriations Act, 1999, 
                    Sec. 115(a)(2))

  Sec. 115. (a)(1) Notwithstanding any other provision of law, 
for fiscal year 1999, the Attorney General may obligate any 
funds appropriated for or reimbursed to the Counterterrorism 
programs, projects or activities of the Department of Justice 
to purchase or lease equipment or any related items, or to 
acquire interim services, without regard to any otherwise 
applicable Federal acquisition rule, if the Attorney General 
determines that--

                                 * * *

  (2) In this subsection, the term ``Federal acquisition rule'' 
means any provision of title II or IX of the Federal Property 
and Administrative Services Act of 1949, the [Office of Federal 
Procurement Policy Act] provisions referred to in section 
172(b) of title 41, United States Code, the Small Business Act, 
the Federal Acquisition Regulation, or any other provision of 
law or regulation that establishes policies, procedures, 
requirements, conditions, or restrictions for procurements by 
the head of a department or agency or the Federal Government.

Sec. 533 note (Department of Justice and Related Agencies 
                    Appropriations Act, 1993, Sec. 102(b)(1)(A))

  Sec. 102. Subject to subsection (b) of this section, 
authorities contained in Public Law 96-132, ``The Department of 
Justice Appropriation Authorization Act, Fiscal Year 1980'', 
shall remain in effect until the termination date of this Act 
or until the effective date of a Department of Justice 
Appropriation Authorization Act, whichever is earlier.
  (b)(1) During fiscal year 1996, with respect to any 
undercover investigative operation of the Federal Bureau of 
Investigation or the Drug Enforcement Administration which is 
necessary for the detection and prosecution of crimes against 
the United States or for the collection of foreign intelligence 
or counterintelligence--
          (A) sums authorized to be appropriated for the 
        Federal Bureau of Investigation and for the Drug 
        Enforcement Administration may be used for purchasing 
        property, buildings, and other facilities, and for 
        leasing space, within the United States, the District 
        of Columbia, and the territories and possessions of the 
        United States, without regard to section 1341 of title 
        31 of the United States Code, [section 3732(a) of the 
        Revised Statutes (41 U.S.C. 11(a)), section 305 of the 
        Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the 
        third undesignated paragraph under the heading of 
        ``Miscellaneous'' of the Act of March 3, 1877 (19 Stat. 
        370; 40 U.S.C. 34] chapter 45 and section 6301(a) and 
        (b)(1) through (3) of title 41 of the United States 
        Code, section 8141 of title 40 of the United States 
        Code, section 3324 of title 31 of the United States 
        Code, [section 3741 of the Revised Statutes (41 U.S.C. 
        22), and subsections (a) and (c) of section 304 of the 
        Federal Property and Administrative Service [Services] 
        Act of 1949 (63 Stat. 395; 41 U.S.C. 254(a) and (c))] 
        and sections 3901 and 6306(a) of title 41 of the United 
        States Code,

Sec. 581 note (Bankruptcy Judges, United States Trustees, and Family 
                    Farmer Bankruptcy Act of 1986, Sec. 310(a)(2))

SEC. 310. ELECTRONIC CASE MANAGEMENT DEMONSTRATION PROJECT.
  (a) Establishment of Project.--Not later than 1 year after 
the effective date of this Act, the Director of the Executive 
Office for United States Trustees, in consultation with the 
Director of the Administrative Office of the United States 
Courts, shall establish an electronic case management 
demonstration project to be carried out in 3 Federal judicial 
districts that have a sufficiently large and varied bankruptcy 
caseload so as to provide a meaningful evaluation of the cost 
and effectiveness of such system. A contract for such project 
shall be awarded--

                                 * * *

          (2) in accordance with [the Federal Property and 
        Administrative Services Act of 1949, the Office of 
        Federal Procurement Policy Act, and title 31 of the 
        United States Code] title 31 of the United States Code 
        and the provisions referred to in sections 171(b) and 
        (c) and 172(b) of title 41 of the United States Code.

Sec. 604

Sec. 604. Duties of Director generally

  (a) The Director shall be the administrative officer of the 
courts, and under the supervision and direction of the Judicial 
Conference of the United States, shall:

                                 * * *

          (10)(A) Purchase, exchange, transfer, distribute, and 
        assign the custody of lawbooks, equipment, supplies, 
        and other personal property for the judicial branch of 
        Government (except the Supreme Court unless otherwise 
        provided pursuant to paragraph (17)); (B) provide or 
        make available readily to each court appropriate 
        equipment for the interpretation of proceedings in 
        accordance with section 1828 of this title; and (C) 
        enter into and perform contracts and other transactions 
        upon such terms as the Director may deem appropriate as 
        may be necessary to the conduct of the work of the 
        judicial branch of Government (except the Supreme Court 
        unless otherwise provided pursuant to paragraph (17)), 
        and contracts for nonpersonal services providing 
        pretrial services, agencies, for the interpretation of 
        proceedings, and for the provision of special 
        interpretation services pursuant to section 1828 of 
        this title may be awarded without regard to [section 
        6101(b) to (d)] section 6101 of title 41;

                                 * * *

  (g)(1) When authorized to exchange personal property, the 
Director may exchange or sell similar items and may apply the 
exchange allowance or proceeds of sale in such cases in whole 
or in part payment for the property acquired, but any 
transaction carried out under the authority of this subsection 
shall be evidenced in writing.

                                 * * *

  (4) The Director is hereby authorized:
          (A) to enter into contracts for the acquisition of 
        severable services for a period that begins in one 
        fiscal year and ends in the next fiscal year to the 
        same extent as the head of an executive agency under 
        the authority of [section 253l of title 41, United 
        States Code] section 3902 of title 41;
          (B) to enter into contracts for multiple years for 
        the acquisition of property and services to the same 
        extent as executive agencies under the authority of 
        [section 254c of title 41, United States Code] section 
        3903 of title 41; and
          (C) to make advance, partial, progress or other 
        payments under contracts for property or services to 
        the same extent as executive agencies under the 
        authority of [section 255 of title 41, United States 
        Code] chapter 45 of title 41.

Sec. 624(3)

Sec. 624. Powers of the Board

  The Board is authorized--

                                 * * *

          (3) to contract with and compensate government and 
        private agencies or persons for research projects and 
        other services, without regard to [section 6101(b) to 
        (d)] section 6101 of title 41, and to delegate such 
        contract authority to the Director of the Federal 
        Judicial Center, who is hereby empowered to exercise 
        such delegated authority.

Sec. 753(g)

Sec. 753. Reporters

                                 * * *

  (g) If, upon the advice of the chief judge of any district 
court within the circuit, the judicial council of any circuit 
determines that the number of court reporters provided such 
district court pursuant to subsection (a) of this section is 
insufficient to meet temporary demands and needs and that the 
services of additional court reporters for such district court 
should be provided the judges of such district court (including 
the senior judges thereof when such senior judges are 
performing substantial judicial services for such court) on a 
contract basis, rather than by appointment of court reporters 
as otherwise provided in this section, and such judicial 
council notifies the Director of the Administrative Office, in 
writing, of such determination, the Director of the 
Administrative Office is authorized to and shall contract, 
without regard to [section 6101(b) to (d)] section 6101 of 
title 41, with any suitable person, firm, association, or 
corporation for the providing of court reporters to serve such 
district court under such terms and conditions as the Director 
of the Administrative Office finds, after consultation with the 
chief judge of the district court, will best serve the needs of 
such district court.

Sec. 1491(a)(2)

Sec. 1491. Claims against United States generally; actions involving 
                    Tennessee Valley Authority

  (a)(1) The United States Court of Federal Claims shall have 
jurisdiction to render judgment upon any claim against the 
United States founded either upon the Constitution, or any Act 
of Congress or any regulation of an executive department, or 
upon any express or implied contract with the United States, or 
for liquidated or unliquidated damages in cases not sounding in 
tort. For the purpose of this paragraph, an express or implied 
contract with the Army and Air Force Exchange Service, Navy 
Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or 
Exchange Councils of the National Aeronautics and Space 
Administration shall be considered an express or implied 
contract with the United States.
  (2) To provide an entire remedy and to complete the relief 
afforded by the judgment, the court may, as an incident of and 
collateral to any such judgment, issue orders directing 
restoration to office or position, placement in appropriate 
duty or retirement status, and correction of applicable 
records, and such orders may be issued to any appropriate 
official of the United States. In any case within its 
jurisdiction, the court shall have the power to remand 
appropriate matters to any administrative or executive body or 
official with such direction as it may deem proper and just. 
The Court of Federal Claims shall have jurisdiction to render 
judgment upon any claim by or against, or dispute with, a 
contractor arising under section 7104(b)(1) of title 41, 
including a dispute concerning termination of a contract, 
rights in tangible or intangible property, compliance with cost 
accounting standards, and other nonmonetary disputes on which a 
decision of the contracting officer has been issued under 
[section 6 of that Act] section 7103 (except subsection (c)(2)) 
of title 41.

                            TITLE 29--LABOR

Sec. 206(e) (Fair Labor Standards Act of 1938, Sec. 6(e))

  Sec. 6. (a) Every employer shall pay to each of his employees 
who in any workweek is engaged in commerce or in the production 
of goods for commerce, or is employed in an enterprise engaged 
in commerce or in the production of goods for commerce, wages 
at the following rates:

                                 * * *

  (e)(1) Notwithstanding the provisions of section 13 of this 
Act (except subsections (a)(1) and (f) thereof), every employer 
providing any contract services (other than linen supply 
services) under a contract with the United States or any 
subcontract thereunder shall pay to each of his employees whose 
rate of pay is not governed by [the Service Contract Act of 
1965 (41 U.S.C. 351-357)] chapter 67 of title 41, United States 
Code, or to whom subsection (a)(1) of this section is not 
applicable, wages at rates not less than the rates provided for 
in subsection (b) of this section.
  (2) Notwithstanding the provisions of section 13 of this Act 
(except subsections (a)(1) and (f) thereof) and the provisions 
of [the Service Contract Act of 1965] chapter 67 of title 41, 
United States Code,, every employer in an establishment 
providing linen supply services to the United States under a 
contract with the United States or any subcontract thereunder 
shall pay to each of his employees in such establishment wages 
at rates not less than those prescribed in subsection (b) of 
this section, except that if more than 50 per centum of the 
gross annual dollar volume of sales made or business done by 
such establishment is derived from providing such linen supply 
services under any such contracts or subcontracts, such 
employer shall pay to each of his employees in such 
establishment wages at rates not less than those prescribed in 
subsection (a)(1) of this section.

Sec. 262(d) (Portal-to-Portal Act of 1947, Sec. 13(d))

  Sec. 13. Definitions.--

                                 * * *

  (d) [The term ``Wash-Healey Act'' means the Act entitled ``An 
Act to provide conditions for the purchase of supplies and the 
making of contracts by the United States, and for other 
purposes'', approved June 30, 1936 (49 Stat. 2036), as amended] 
The term ``Walsh-Healy Act'' means chapter 65 of title 41, 
United States Code; and the term ``Bacon-Davis Act'' means [the 
Act entitled ``An Act to amend the Act approved March 3, 1931, 
relating to the rate of wages for laborers and mechanics 
employed by contractors and subcontractors on public 
buildings'', approved August 30, 1935 (49 Stat. 1011), as 
amended] sections 3141 through 3144, 3146, and 3147 of title 
40, United States Code.

Sec. 653(b)(2) (Occupational Safety and Health Act of 1970, 
                    Sec. 4(b)(2))

  Sec. 4. (a) This Act shall apply with respect to employment 
performed in a workplace in a State, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Islands, American 
Samoa, Guam, the Trust Territory of the Pacific Islands, Lake 
Island, Outer Continental Shelf lands defined in the Outer 
Continental Shelf Lands Act, Johnston Island, and the Canal 
Zone. The Secretary of the Interior shall, by regulation, 
provide for judicial enforcement of this Act by the courts 
established for areas in which there are no United States 
district courts having jurisdiction.
  (b)(1) Nothing in this Act shall apply to working conditions 
of employees with respect to which other Federal agencies, and 
State agencies acting under section 274 of the Atomic Energy 
Act of 1954, as amended (42 U.S.C. 2021), exercise statutory 
authority to prescribe or enforce standards or regulations 
affecting occupational safety or health.
  (2) The safety and health standards promulgated under [the 
Act of June 30, 1936, commonly known as the Walsh-Healey Act 
(41 U.S.C. 35 et seq.), the Service Contract Act of 1965 (41 
U.S.C. 351 et seq.)] chapter 65 of title 41, United States 
Code, chapter 67 of title 41, United States Code, Public Law 
91-54, Act of August 9, 1969 (40 U.S.C. 333), Public Law 85-
742, Act of August 23, 1958 (33 U.S.C. 941), and the National 
Foundation on Arts and Humanities Act (20 U.S.C. 951 et seq.) 
are superseded on the effective date of corresponding 
standards, promulgated under this Act, which are determined by 
the Secretary to be more effective. Standards issued under the 
laws listed in this paragraph and in effect on or after the 
effective date of this Act shall be deemed to be occupational 
safety and health standards issued under this Act, as well as 
under such other chapters or Acts.

Sec. 671(e)(7) (Occupational Safety and Health Act of 1970, 
                    Sec. 22(e)(7))

  Sec. 22. (a) It is the purpose of this section to establish a 
National Institute for Occupational Safety and Health in the 
Department of Health and Human Services in order to carry out 
the policy set forth in section 2 of this Act and to perform 
the functions of the Secretary of Health and Human Services 
under sections 20 and 21 of this Act.

                                 * * *

  (e) In addition to any authority vested in the Institute by 
other provisions of this section, the Director, in carrying out 
the functions of the Institute, is authorized to--

                                 * * *

          (7) enter into contracts, grants or other 
        arrangements, or modifications thereof to carry out the 
        provisions of this section, and such contracts or 
        modifications thereof may be entered into without 
        performance or other bonds, and without regard to 
        [section 3709 of the Revised Statutes, as amended (41 
        U.S.C. 5)] section 6101 of title 41, United States 
        Code, or any other provision of law relating to 
        competitive bidding;

Sec. 2887(a)(2)(A) (Workforce Investment Act of 1998, 
                    Sec. 147(a)(2)(A))

SEC. 147. JOB CORPS CENTERS.
  (a) Operators and Service Providers.--

                                 * * *

          (2) Selection process.--
                  (A) Competitive basis.--Except as provided in 
                [subsections (c) and (d) of section 303 of the 
                Federal Property and Administrative Services 
                Act of 1949 (41 U.S.C. 253)] section 3304(a) 
                through (c) of title 41, United States Code, 
                the Secretary shall select on a competitive 
                basis an entity to operate a Job Corps center 
                and entities to provide activities described in 
                this subchapter to the Job Corps center. In 
                developing a solicitation for an operator or 
                service provider, the Secretary shall consult 
                with the Governor of the State in which the 
                center is located, the industry council for the 
                Job Corps center (if established), and the 
                applicable local board regarding the contents 
                of such solicitation, including elements that 
                will promote the consistency of the activities 
                carried out through the center with the 
                objectives set forth in the State plan or in a 
                local plan.

                   TITLE 30--MINERAL LANDS AND MINING

Sec. 4 (Act of February 25, 1919, Sec. 2)

  Sec. 2. The Secretary of the Interior is authorized and 
directed to make experiments and investigations, through the 
United States Bureau of Mines, of lignite coals and peat, to 
determine the commercial and economic practicability of their 
utilization in producing fuel oil, gasoline substitutes, 
ammonia, tar, solid fuels, gas for power, and other purposes. 
The Secretary of the Interior is authorized and directed 
subject to applicable regulations under [the Federal Property 
and Administrative Services Act of 1949, as amended] chapter 5 
of title 40, United States Code, to sell or otherwise dispose 
of any property, plant, or machinery purchased or acquired 
under the provisions of this section, as soon as the 
experiments and investigations authorized have been concluded, 
and report the results of such experiments and investigations 
to Congress.

Sec. 556(b) (Act of August 31, 1954, Sec. 6(b))

  Sec. 6. In carrying out the provisions of section 3 of this 
Act the Secretary of the Interior is authorized--

                                 * * *

          (b) to hire, with or without personal services, work 
        animals and animal-drawn and motor-propelled vehicles 
        and equipment, at rates to be approved by the Secretary 
        of the Interior and without regard to the provisions of 
        [section 3709 of the Revised Statutes (41 U.S.C. 5)] 
        section 6101 of title 41, United States Code;

Sec. 846 (Federal Mine Safety and Health Act of 1977, Sec. 206)

  Sec. 206. On and after the operative date of this title, the 
standards on noise prescribed under [the Walsh-Healey Public 
Contracts Act, as amended] chapter 65 of title 41, United 
States Code, in effect October 1, 1969, shall be applicable to 
each coal mine and each operator of such mine shall comply with 
them. Within six months after the date of enactment of this 
Act, the Secretary of Health, Education, and Welfare shall 
establish, and the Secretary shall publish, as provided in 
section 101 of this Act, proposed mandatory health standards 
establishing maximum noise exposure levels for all underground 
coal mines. Beginning six months after the operative date of 
this title, and at intervals of at least every six months 
thereafter, the operator of each coal mine shall conduct, in a 
manner prescribed by the Secretary of Health, Education, and 
Welfare, tests by a qualified person of the noise level at the 
mine and report and certify the results to the Secretary and 
the Secretary of Health, Education, and Welfare. In meeting 
such standard under this section, the operator shall not 
require the use of any protective device or system, including 
personal devices, which the Secretary or his authorized 
representative finds to be hazardous or cause a hazard to the 
miners in such mine.

Sec. 1711(c)(2) (Federal Oil and Gas Royalty Management Act of 1982, 
                    Sec. 101(c)(2))

  Sec. 101. (a) The Secretary shall establish a comprehensive 
inspection, collection and fiscal and production accounting and 
auditing system to provide the capability to accurately 
determine oil and gas royalties, interest, fines, penalties, 
fees, deposits, and other payments owed, and to collect and 
account for such amounts in a timely manner.

                                 * * *

  (c)(1) The Secretary shall audit and reconcile, to the extent 
practicable, all current and past lease accounts for leases of 
oil or gas and take appropriate actions to make additional 
collections or refunds as warranted. The Secretary shall 
conduct audits and reconciliations of lease accounts in 
conformity with the business practices and recordkeeping 
systems which were required of the lessee by the Secretary for 
the period covered by the audit. The Secretary shall give 
priority to auditing those lease accounts identified by a State 
or Indian tribe as having significant potential for 
underpayment. The Secretary may also audit accounts and records 
of selected lessees and operators.
  (2) The Secretary may enter into contracts or other 
appropriate arrangements with independent certified public 
accountants to undertake audits of accounts and records of any 
lessee or operator relating to the lease of oil or gas. 
Selection of such independent certified public accountants 
shall be by competitive bidding in accordance with the [Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 
252)] provisons referred to in section 171(b) and (c) of title 
41, United States Code, except that the Secretary may not enter 
into a contract or other arrangement with any independent 
certified public accountant to audit any lessee or operator 
where such lessee or operator is a primary audit client of such 
certified public accountant.

                      TITLE 31--MONEY AND FINANCE

Sec. 501 note (Financial Services and General Government Appropriations 
                    Act, 2010, Sec. 743(i))

  Sec. 743. (a) Service Contract Inventory Requirement.--

                                 * * *

  (i) Executive Agency Defined.--In this section, the term 
``executive agency'' has the meaning given the term in [section 
4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
403)]  section 133 of title 41, United States Code.

Sec. 501 note (National Defense Authorization Act for Fiscal Year 2010, 
                    Sec. 326)

SEC. 326. REQUIREMENT FOR DEBRIEFING RELATED TO CONVERSION OF 
FUNCTIONS FROM PERFORMANCE BY FEDERAL EMPLOYEES TO PERFORMANCE 
BY A CONTRACTOR.
  The Administrator for Federal Procurement Policy shall revise 
the Federal Acquisition Regulation to allow for debriefings of 
Federal employee representatives designated pursuant to 
3551(2)(B) of title 31, United States Code, to the same extent 
and under the same circumstances as any offeror, in the case of 
a conversion of any function from performance by Federal 
employees to performance by a contractor. Such debriefings will 
conform to the requirements of section 2305(b)(6)(A) of title 
10, United States Code, [section 303B(f) of the Federal 
Property and Administrative Services Act of 1949 ([former] 41 
U.S.C. 253b(f))] section 3705 of title 41, United States Code, 
and subparts 15.505 and 15.506 (as in effect on the date of the 
enactment of this Act) of the Federal Acquisition Regulation.

Sec. 501 note (Duncan Hunter National Defense Authorization Act for 
                    Fiscal Year 2009, Sec. 321(a))

SEC. 321. COMPREHENSIVE ANALYSIS AND DEVELOPMENT OF SINGLE 
GOVERNMENT-WIDE DEFINITION OF INHERENTLY GOVERNMENTAL FUNCTION 
AND CRITERIA FOR CRITICAL FUNCTIONS.
  (a) Development and Implementation.--The Director of the 
Office of Management and Budget, in consultation with 
appropriate representatives of the Chief Acquisition Officers 
Council under [section 16A of the Office of Federal Procurement 
Policy Act (41 U.S.C. 414b)] subchapter II of chapter 13 of 
title 41, United States Code, and the Chief Human Capital 
Officers Council under section 1401 of title 5, United States 
Code, shall--

Sec. 501 note (Financial Services and General Government Appropriations 
                    Act, 2008, Sec. 739(a)(2)(C))

  Sec. 739. (a) Requirement for Public-Private Competition.--

                                 * * *

          (2) This paragraph shall not apply to--

                                 * * *

                  (C) a commercial or industrial type function 
                that--
                          (i) is included on the procurement 
                        list established pursuant to [section 2 
                        of the Javits-Wagner-O'Day Act (41 
                        U.S.C. 47)] section 8503 of title 41, 
                        United States Code; or
                          (ii) is planned to be converted to 
                        performance by a qualified nonprofit 
                        agency for the blind or by a qualified 
                        nonprofit agency for other severely 
                        handicapped individuals in accordance 
                        with [that Act] chapter 85 of title 41 
                        United States Code;

Sec. 501 note (Transportation, Treasury, and Independent Agencies 
                    Appropriations Act, 2004, Sec. 647(f))

  Sec. 647. (a) Limitation on Conversion to Contractor 
Performance.--None of the funds appropriated by this Act shall 
be available to convert to contractor performance an activity 
or function of an executive agency, that on or after the date 
of enactment of this Act, is performed by more than 10 Federal 
employees unless--

                                 * * *

  (f) In this section, the term ``executive agency'' has the 
meaning given such term in [section 4 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403)] section 133 of title 
41, United States Code.

Sec. 702 note (Legislative Branch Appropriations Act, 2008, 
                    Sec. 1501(d))

  Sec. 1501. Contracts Appeal Board. (a) Definitions.--In this 
section--

                                 * * *

  (d) Provisions Applicable to Appeals.--[The Contract Disputes 
Act of 1978 (Public Law 95-563, 41 U.S.C. 601 et seq.), as 
amended] Chapter 71 of title 41, United States Code, shall 
apply to appeals to the Board, except that [section 4, 
subsections 8(a), (b), and (c), and subsection 10(a)] sections 
7102(d), 7104(b), and 7105(a), (c), (d), and (e)(1)(C) of title 
41, United States Code, shall not apply to such appeals and the 
amount of any claim referenced in [subsection 6(c)] subsections 
(b) and (f) of section 7103 of title 41, United States Code, 
shall be $50,000. The Comptroller General shall prescribe 
regulations for procedures for appeals to the Board that are 
consistent with procedures under [the Contract Disputes Act of 
1978] chapter 71 of title 41, United States Code.

Sec. 781(c)(1)

Sec. 781. Authority over the General Accounting Office Building

                                 * * *

  (c)(1) The Comptroller General is authorized to enter into 
agreements or contracts to acquire property or services on such 
terms and conditions and in such a manner as he deems necessary 
and without regard to [section 6101(b) to (d)] section 6101 of 
title 41; except that the Comptroller General may not acquire 
real property unless specifically authorized by law. In 
exercising the authority granted by this section, the 
Comptroller General shall obtain full and open competition in 
accordance with the principles and purposes of the Competition 
in Contracting Act of 1984.

Sec. 1113 note (Public Law 107-74, Sec. 1(17))

SEC. 1. REPORTS.
  Section 3003(a)(1) of the Federal Reports Elimination and 
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any 
report required to be submitted under any of the following 
provisions of law:

                                 * * *

          (17) [Section 303(c)(7) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 
        253(c)(7))] Section 3304(a)(7) of title 41, United 
        States Code.

Sec. 1113 note (Public Law 106-65, Sec. 1031(13))

SEC. 1031. PRESERVATION OF CERTAIN DEFENSE REORTING 
REQUIREMENTS.
  Section 3003(a)(1) of the Federal Reports Elimination and 
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any 
report required to be submitted under any of the following 
provisions of law:

                                 * * *

          
          (13) [Section 3732 of the Revised Statutes, popularly 
        known as the `Food and Forage Act' (41 U.S.C. 11)] 
        Section 6301(a) and (b) of title 41, United States 
        Code.

Sec. 1535 note (Duncan Hunter National Defense Authorization Act for 
                    Fiscal Year 2009, Sec. 865(d)(1))

SEC. 865. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.

                                 * * *

  (d) Definitions.--In this section:
          (1) The term ``executive agency'' has the meaning 
        given such term in [section 4(1) of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403(1))] 
        section 133 of title 41, United States Code, except 
        that, in the case of a military department, it means 
        the Department of Defense.

Sec. 3321 note (Improper Payments Elimination and Recovery Act of 2010, 
                    Sec. 2(h)(2)(C)(i))

SEC. 2. IMPROPER PAYMENTS ELIMINATION AND RECOVERY.

                                 * * *

  (h) Recovery Audits.--

                                 * * *

          (2) In general.--

                                 * * *

                  (C) Recovery audit contracts.--With respect 
                to recovery audits procured by an agency by 
                contract--
                          (i) subject to subparagraph (B)(iii), 
                        and except to the extent such actions 
                        are outside the agency's authority, as 
                        defined by [section 605(a) of the 
                        Contract Disputes Act of 1978 (41 
                        U.S.C. 605(a))] section 7103(a), 
                        (c)(1), (d) and (e) of title 41, United 
                        States Code, the head of the agency may 
                        authorize the contractor to notify 
                        entities (including persons) of 
                        potential overpayments made to such 
                        entities, respond to questions 
                        concerning potential overpayments, and 
                        take other administrative actions with 
                        respect to overpayment claims made or 
                        to be made by the agency; and

Sec. 3718(b)(1)(A)

Sec. 3718. Contracts for collection services

                                 * * *

  (b)(1)(A) The Attorney General may make contracts retaining 
private counsel to furnish legal services, including 
representation in negotiation, compromise, settlement, and 
litigation, in the case of any claim of indebtedness owed the 
United States. Each such contract shall include such terms and 
conditions as the Attorney General considers necessary and 
appropriate, including a provision specifying the amount of the 
fee to be paid to the private counsel under such contract or 
the method for calculating that fee. The amount of the fee 
payable for legal services furnished under any such contract 
may not exceed the fee that counsel engaged in the private 
practice of law in the area or areas where the legal services 
are furnished typically charge clients for furnishing legal 
services in the collection of claims of indebtedness, as 
determined by the Attorney General, considering the amount, 
age, and nature of the indebtedness and whether the debtor is 
an individual or a business entity. Nothing in this 
subparagraph shall relieve the Attorney General of the 
competition requirements set forth in [division C (except 
sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle 
I] the provisions referred to in section 171(c) of title 41.

Sec. 3903 note (Prompt Payment Act Amendments of 1988, Sec. 11)

  Sec. 11. (a) The Federal Acquisition Regulation shall be 
modified to provide appropriate solicitation provisions and 
contract clauses that implement chapter 39 of title 31, United 
States Code, as amended by this Act, and the regulations 
prescribed under section 3903 of such title (as amended).
  (b) The solicitation provisions and contract clauses required 
by subsection (a) of this section shall include (but not be 
limited to) the following matters:
          (1) Authority for a contracting officer to specify 
        for a contract or class of contracts a specific payment 
        period, which--

                                 * * *

                  (C) in the case of payments for items of 
                property or services in an amount less than the 
                amount specified as a small purchase in 
                [section 303(g)(2) of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 
                253(g)(2))] section 3305(b) of title 41, United 
                States Code, does not exceed 15 days after the 
                date of receipt of the invoice, if--

                                 * * *

  (c) The regulations required by subsection (a) of this 
section shall be published as proposed regulations for public 
comment as provided in [section 22 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 418b)] section 1707 of title 
41, United States Code, within 120 days after the date of the 
enactment of this Act.

Sec. 5114(a)(3)

Sec. 5114. Engraving and printing currency and security documents

  (a) Authority To Engrave and Print.--

                                 * * *

          (3) Procurement guidelines.--Articles, material, and 
        supplies procured for use in the production of 
        currency, postage stamps, and other security documents 
        for foreign governments pursuant to paragraph (2) shall 
        be treated in the same manner as articles, material, 
        and supplies procured for public use within the United 
        States for purposes of [title III of the Act of March 
        3, 1933 (41 U.S.C. 10a et seq.; commonly referred to as 
        the Buy American Act)] chapter 83 of title 41.

Sec. 6101 note (Federal Funding Accountability and Transparency Act of 
                    2006, Sec. 2(b)(1))

SEC. 2. FULL DISCLOSURE OF ENTITIES RECEIVING FEDERAL FUNDING.

                                 * * *

  (b) In General.--
          (1) Website.--Not later than January 1, 2008, the 
        Office of Management and Budget shall, in accordance 
        with this section, section 204 of the E-Government Act 
        of 2002 (Public Law 107-347; 44 U.S.C. 3501 note), and 
        the [Office of Federal Procurement Policy Act (41 
        U.S.C. 403 et seq.)] provisions referred to in section 
        172(b) of title 41, United States Code, ensure the 
        existence and operation of a single searchable website, 
        accessible by the public at no cost to access, that 
        includes for each Federal award--

Sec. 6101 note (Federal Acquisition Streamlining Act of 1994, 
                    Sec. 2455(c)(1))

SEC. 2455. UNIFORM SUSPENSION AND DEBARMENT.

                                 * * *

  (c) Definitions.--In this section:
          (1) The term ``procurement activities'' means all 
        acquisition programs and activities of the Federal 
        Government, as defined in the Federal Acquisition 
        Regulation. Such term includes subcontracts at any 
        tier, other than subcontracts for commercially 
        available off-the-shelf items (as defined in [section 
        35(c) of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 431(c))] section 104 of title 41, United 
        States Code), except that in the case of a contract for 
        commercial items, such term includes only first-tier 
        subcontracts.

Sec. 9703(b)(3) (as added by section 638(b)(1) of the Treasury 
                    Forfeiture Fund Act of 1992)

Sec. 9703. Department of the Treasury Forfeiture Fund

                                 * * *

  (b) Limitations.--

                                 * * *

          (3) The Secretary may exempt the procurement of 
        contract services under the Fund from [division C 
        (except sections 3302, 3501(b), 3509, 3906, 4710, and 
        4711) of subtitle I] the provisions referred to in 
        section 171(c) of title 41, [section 6101(b) to (d)] 
        section 6101 of title 41, and other provisions of law 
        as may be necessary to maintain the security and 
        confidentiality of related criminal investigations.

               TITLE 33--NAVIGATION AND NAVIGABLE WATERS

Sec. 578(a) (River and Harbor Act of 1960, Sec. 108(a))

  Sec. 108. (a) Whenever the Secretary of the Army, upon the 
recommendation of the Chief of Engineers, determines that 
notwithstanding [the Federal Property and Administrative 
Services Act of 1949 (63 Stat. 377), as amended] chapter 5 of 
title 40, United States Code with respect to disposal of 
surplus real property, (1) the development of public port or 
industrial facilities on land which is part of a water resource 
development project under his jurisdiction will be in the 
public interest; (2) that such development will not interfere 
with the operation and maintenance of the project; and (3) that 
disposition of the property for these purposes under this 
section will serve the objectives of the project within which 
the land is located, he may convey the land by quitclaim deed 
to a State, political subdivision thereof, port district, port 
authority, or other body created by the State or through a 
compact between two or more States for the purpose of 
developing or encouraging the development of such facilities. 
In any case, where two or more political subdivisions thereof, 
or bodies created by, a State or group of States, seek to 
obtain the same land, the Secretary of the Army shall give 
preference to that political subdivision or body whose intended 
use of land will, in his opinion, best promote the purposes for 
which the project involved was authorized.

Sec. 702m (Act of May 15, 1928, Sec. 14)

  Sec. 14. In every contract or agreement to be made or entered 
into for the acquisition of land either by private sale or 
condemnation as in this Act provided the provisions contained 
in [section 3741 of the Revised Statutes being section 22 of 
title 41 of the United States Code] section 6306(a) of title 
41, United States Code shall be applicable.

Sec. 891d(a)(1) (NOAA Fleet Modernization Act, Sec. 606(a)(1))

SEC. 606. CONTRACT AUTHORITY.
  (a) Multiyear Contracts.--
          (1) In general.--Subject to paragraphs (2) and (3), 
        and notwithstanding section 1341 of title 31, [United 
        States Code and section 3732 of the Revised Statutes of 
        the United States (41 U.S.C. 11)] United States Code, 
        and section 6301(a) and (b) of title 41, United States 
        Code, the Secretary may acquire vessels for the NOAA 
        fleet by purchase, lease, lease-purchase, or otherwise, 
        under one or more multiyear contracts.

Sec. 941(b)(5) (Longshore and Harbor Workers' Compensation Act, 
                    Sec. 41(b)(5))

  Sec. 41. (a) Every employer shall furnish and maintain 
employment and places of employment which shall be reasonably 
safe for his employees in all employments covered by this Act 
and shall install, furnish, maintain, and use such devices and 
safeguards with particular reference to equipment used by and 
working conditions established by such employers as the 
Secretary may determine by regulation or order to be reasonably 
necessary to protect the life, health, and safety of such 
employees, and to render safe such employment and places of 
employment, and to prevent injury to his employees. However, 
the Secretary may not make determinations by regulation or 
order under this section as to matters within the scope of 
title 52 of the Revised Statutes and Acts supplementary or 
amendatory thereto, the Act of June 15, 1917 (ch. 30, 40 Stat. 
220), as amended, or section 4(e) of the Act of August 7, 1953 
(ch. 345, 67 Stat. 462), as amended.
  (b) The Secretary, in enforcing and administering the 
provisions of this section, is authorized in addition to such 
other powers and duties as are conferred upon him--

                                 * * *

          (5) to hold such hearings, issue such orders, and 
        make such decisions, based upon findings of fact, as 
        are deemed to be necessary to enforce the provisions of 
        this section, and for such purposes the Secretary and 
        the district courts shall have the authority and 
        jurisdiction provided by [section 5 of the Act of June 
        30, 1936 (ch. 881, 49 Stat. 2036, as amended,]  section 
        6507(b) through (f) of title 41, United States Code and 
        the Secretary shall be represented in any court 
        proceedings as provided in the Act of May 4, 1928 (ch. 
        502, 45 Stat. 390), as amended.

Sec. 1123(c)(4)(D) (National Sea Grant College Program Act, 
                    Sec. 204(c)(4)(D))

SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.
  (a) Program Maintenance.--The Secretary shall maintain within 
the Administration a program to be known as the national sea 
grant college program. The national sea grant college program 
shall be administered by a national sea grant office within the 
Administration.

                                 * * *

  (c) Responsibilities of the Secretary.--

                                 * * *

          (4) To carry out the provisions of this title, the 
        Secretary may--

                                 * * *

                  (D) enter into contracts, cooperative 
                agreements, and other transactions without 
                regard to [section 5 of title 41] section 6101 
                of title 41, United States Code;

Sec. 1254 (Federal Water Pollution Control Act, Sec. 104)

  Sec. 104. (a) The Administrator shall establish national 
programs for the prevention, reduction, and elimination of 
pollution and as part of such programs shall--

                                 * * *

  (b) In carrying out the provisions of subsection (a) of this 
section the Administrator is authorized to--

                                 * * *

          (4) contract with public or private agencies, 
        institutions, organizations, and individuals, without 
        regard to [sections 3648 and 3709 of the Revised 
        Statutes (31 U.S.C. 529; 41 U.S.C. 5] section 3324(a) 
        and (b) of title 31, United States Code, and section 
        6101 of title 41, United States Code, referred to in 
        paragraph (1) of subsection (a);

                                 * * *

  (g)(1) For the purpose of providing an adequate supply of 
trained personnel to operate and maintain existing and future 
treatment works and related activities, and for the purpose of 
enhancing substantially the proficiency of those engaged in 
such activities, the Administrator shall finance pilot 
programs, in cooperation with State and interstate agencies, 
municipalities, educational institutions, and other 
organizations and individuals, of manpower development and 
training and retraining of persons in, on entering into, the 
field of operation and maintenance of treatment works and 
related activities. Such program and any funds expended for 
such a program shall supplement, not supplant, other manpower 
and training programs and funds available for the purposes of 
this paragraph. The Administrator is authorized, under such 
terms and conditions as he deems appropriate, to enter into 
agreements with one or more States, acting jointly or 
severally, or with other public or private agencies or 
institutions for the development and implementation of such a 
program.

                                 * * *

  (3) In furtherance of the purposes of this Act, the 
Administrator is authorized to--
          (A) make grants to public or private agencies and 
        institutions and to individuals for training projects, 
        and provide for the conduct of training by contract 
        with public or private agencies and institutions and 
        with individuals without regard to [sections 3648 and 
        3709 of the Revised Statutes] section 3324(a) and (b) 
        of title 31, United States Code, and section 6101 of 
        title 41, United States Code;

Sec. 1368(f)(2) (Federal Water Pollution Control Act, Sec. 508(f)(2))

  Sec. 508. (a) No Federal agency may enter into any contract 
with any person, who has been convicted of any offense under 
section 309(c) of this Act, for the procurement of goods, 
materials, and services if such contract is to be performed at 
any facility at which the violation which gave rise to such 
conviction occurred, and if such facility is owned, leased, or 
supervised by such person. The prohibition in the preceding 
sentence shall continue until the Administrator certifies that 
the condition giving rise to such conviction has been 
corrected.

                                 * * *

  (f)(1) No certification by a contractor, and no contract 
clause, may be required in the case of a contract for the 
acquisition of commercial items in order to implement a 
prohibition or requirement of this section or a prohibition or 
requirement issued in the implementation of this section.
  (2) In paragraph (1), the term ``commercial item'' has the 
meaning given such term in [section 4(12) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403(12))] section 103 
of title 41, United States Code.

                           TITLE 35--PATENTS

Sec. 1 note (Omnibus Budget Reconciliation Act of 1990, Sec. 10102)

SEC. 10102. FEDERAL AGENCY STATUS.
  For the purposes of Federal law, the Patent and Trademark 
Office shall be considered a Federal agency. In particular, the 
Patent and Trademark Office shall be subject to all Federal 
laws pertaining to the procurement of goods and services that 
would apply to a Federal agency using appropriated funds, 
including the [Federal Property and Administrative Services Act 
of 1949 and the Office of Federal Procurement Policy Act] 
provisions referred to in sections 171(b) and (c) and 172(b) of 
title 41, United States Code.

Sec. 2(b)(4)(A)

Sec. 2. Powers and duties

                                 * * *

  (b) Specific Powers.--The Office--

                                 * * *

          (4)(A) may make such purchases, contracts for the 
        construction, maintenance, or management and operation 
        of facilities, and contracts for supplies or services, 
        without regard to the provisions of subtitle I and 
        chapter 33 of title 40, [division C (except sections 
        3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle 
        I] the provisions referred to in section171(c) of title 
        41, and the McKinney-Vento Homeless Assistance Act (42 
        U.S.C. 11301 et seq.); and

                      TITLE 38--VETERANS' BENEFITS

Sec. 1966(a)

Sec. 1966. Eligible insurance companies

  (a) The Secretary is authorized, without regard to [section 
6101(b) to (d) of title 41] section 6101 of title 41, to 
purchase from one or more life insurance companies a policy or 
policies of group life insurance to provide the benefits 
specified in this subchapter. Each such life insurance company 
must (1) be licensed to issue life insurance in each of the 
fifty States of the United States and in the District of 
Columbia, and (2) as of the most recent December 31 for which 
information is available to the Secretary, have in effect at 
least 1 percent of the total amount of group life insurance 
which all life insurance companies have in effect in the United 
States.

Sec. 2412(c)(1)

Sec. 2412. Lease of land and buildings

                                 * * *

  (c) Lease to Public or Nonprofit Organizations.--(1) A lease 
under subsection (a) to any public or nonprofit organization 
may be made without regard to the provisions of [section 3709 
of the Revised Statutes (41 U.S.C. 5)] section 6101 of title 
41.

Sec. 3720(b)

Sec. 3720. Powers of Secretary

                                 * * *

  (b) The powers granted by this section may be exercised by 
the Secretary without regard to any other provision of law not 
enacted expressly in limitation of this section, which 
otherwise would govern the expenditure of public funds, except 
that [division C (except sections 3302, 3501(b), 3509, 3906, 
4710, and 4711) of subtitle I] the provisions referred to in 
section 171(c) of title 41 shall apply to any contract for 
services or supplies on account of any property acquired 
pursuant to this section.

Sec. 7317(f)

Sec. 7317. Hazardous research projects: indemnification of contractors

                                 * * *

  (f) In administering the provisions of this section, the 
Secretary may use the facilities and services of private 
insurance organizations and may contract to pay a reasonable 
compensation therefor. Any contract made under the provisions 
of this section may be made without regard to the provisions of 
[section 6101(b) to (d)] section 6101 of title 41, upon a 
showing by the Secretary that advertising is not reasonably 
practicable, and advance payments may be made under any such 
contract.

Sec. 7802(f)

Sec. 7802. Duties of Secretary with respect to Service

                                 * * *

  (f) Contracts and Agreements.--The Secretary shall make all 
necessary contracts or agreements to purchase or sell 
merchandise, fixtures, equipment, supplies, and services, 
without regard to [section 6101(b) to (d)] section 6101 of 
title 41 and to do all things necessary to carry out such 
contracts or agreements, including the making of necessary 
adjustments and compromising of claims in connection therewith.

Sec. 8122(a)(1)

Sec. 8122. Authority to procure and dispose of property and to 
                    negotiate for common services

  (a)(1) The Secretary may lease for a term not exceeding three 
years lands or buildings, or parts or parcels thereof, 
belonging to the United States and under the Secretary's 
control. Any lease made pursuant to this subsection to any 
public or nonprofit organization may be made without regard to 
the provisions of [section 6101(b) to (d)] section 6101 of 
title 41. Notwithstanding section 1302 of title 40, or any 
other provision of law, a lease made pursuant to this 
subsection to any public or nonprofit organization may provide 
for the maintenance, protection, or restoration, by the lessee, 
of the property leased, as a part or all of the consideration 
for the lease. Prior to the execution of any such lease, the 
Secretary shall give appropriate public notice of the 
Secretary's intention to do so in the newspaper of the 
community in which the lands or buildings to be leased are 
located. The proceeds from such leases, less expenses for 
maintenance, operation, and repair of buildings leased for 
living quarters, shall be covered into the Treasury of the 
United States as miscellaneous receipts.

Sec. 8201(e)

Sec. 8201. Coordination with public health programs; administration

                                 * * *

  (e) In carrying out the purposes of this chapter, the 
Secretary may lease to any eligible institution for such 
consideration and under such terms and conditions as the 
Secretary deems appropriate, such land, buildings, and 
structures (including equipment therein) under the control and 
jurisdiction of the Department as may be necessary. The three-
year limitation on the term of a lease prescribed in section 
8122(a) of this title shall not apply with respect to any lease 
entered into pursuant to this chapter, but no such lease may be 
for a period of more than 50 years. Any lease entered into 
pursuant to this chapter may be entered into without regard to 
the provisions of [section 6101(b) to (d)] section 6101 of 
title 41. Notwithstanding section 1302 of title 40, or any 
other provision of law, a lease entered into pursuant to this 
chapter may provide for the maintenance, protection, or 
restoration, by the lessee, of the property leased, as a part 
or all of the consideration of the lease.

            TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

Public Law 111-350, Sec. 5(l)(23)

SEC. 5. CONFORMING CROSS-REFERENCES.

                                 * * *

(l) Title 40.--Title 40, United States Code, is amended as 
follows:

                                 * * *

          (23) In section 8711(d), strike ``section 3709 of the 
        Revised [Statutes] Statues (41 U.S.C. 5)'' and 
        substitute ``section 6101(b) to (d) of title 41''.

Sec. The analysis for chapter 1

                           CHAPTER 1--GENERAL

                                 * * *

                          SUBCHAPTER II--SCOPE

111.  Application to [division C (except sections 3302, 3501(b), 3509, 
          3906, 4710, and 4711) of subtitle I] the provisions referred 
          to in section 171(c) of title 41.

Sec. 102 (matter before (1))

Sec. 102. Definitions

  The following definitions apply in chapters 1 through 7 of 
this title [and in division C (except sections 3302, 3501(b), 
3509, 3906, 4710, and 4711) of subtitle I of title 41]:

Sec. 111. Application to [division C (except sections 3302, 3501(b), 
                    3509, 3906, 4710, and 4711) of subtitle I] the 
                    provisions referred to in section 171(c) of title 
                    41

  In the following provisions, the words ``this subtitle'' are 
deemed to refer also to [division C (except sections 3302, 
3501(b), 3509, 3906, 4710, and 4711) of subtitle I] the 
provisions referred to in section 171(c) of title 41:

Sec. 113(b)

Sec. 113. Limitations

                                 * * *

  (b) Limitation Regarding [Division B (Except Sections 1704 
and 2303) of Subtitle I] the Provisions Referred to in Section 
172(b) of Title 41.--The authority conferred by this subtitle 
is subject to [division B (Except Sections 1704 and 2303) of 
subtitle I] the provisions referred to in section 172(b) of 
title 41.

Sec. 311

Sec. 311. Personnel

  (a) Appointment and Compensation.--The Administrator of 
General Services, subject to chapters 33 and 51 and subchapter 
III of chapter 53 of title 5, may appoint and fix the 
compensation of personnel necessary to carry out chapters 1, 3, 
and 5 of this title and [division C (except sections 3302, 
3501(b), 3509, 3906, 4710, and 4711) of subtitle I] the 
provisions referred to in section 171(c) of title 41.
  (b) Temporary Employment.--The Administrator may procure the 
temporary or intermittent services of experts or consultants 
under section 3109 of title 5 to the extent the Administrator 
finds necessary to carry out chapters 1, 3, and 5 of this title 
and [division C (except sections 3302, 3501(b), 3509, 3906, 
4710, and 4711) of subtitle I] the provisions referred to in 
section 171(c) of title 41.

Sec. 501(b)(2)(B)

Sec. 501. Services for executive agencies

                                 * * *

  (b) Procurement and Supply.--

                                 * * *

          (2) Policies and methods.--

                                 * * *

                  (B) Controlling regulation.--Policies and 
                methods prescribed by the Administrator of 
                General Services under this paragraph are 
                subject to regulations prescribed by the 
                Administrator for Federal Procurement Policy 
                under [division B (except sections 1704 and 
                2303) of subtitle I] the provisions referred to 
                in section 172(b) of title 41.

Sec. 503(b)(3)

Sec. 503. Exchange or sale of similar items

                                 * * *

  (b) Applicable Regulation and Law.--
          (1) Regulations prescribed by administrator of 
        general services.--A transaction under subsection (a) 
        must be carried out in accordance with regulations the 
        Administrator of General Services prescribes, subject 
        to regulations prescribed by the Administrator for 
        Federal Procurement Policy under [division B (except 
        sections 1704 and 2303) of subtitle I] the provisions 
        referred to in section 172(b) of title 41.

                                 * * *

          (3) [Section 6101(b) to (d)] Section 6101 of title 
        41.--[Section 6101(b) to (d) of title 41] Section 6101 
        applies to a sale of property under subsection (a), 
        except that fixed price sales may be conducted in the 
        same manner and subject to the same conditions as are 
        applicable to the sale of property under section 545(d) 
        of this title.

Sec. 506(a)(1)(D)

Sec. 506. Inventory controls and systems

  (a) Activities of the Administrator of General Services.--
          (1) In general.--Subject to paragraph (2), and after 
        adequate advance notice to affected executive agencies, 
        the Administrator of General Services may undertake the 
        following activities as necessary to carry out 
        functions under this chapter:

                                 * * *

                  (D) Standard purchase specifications and 
                standard forms and procedures.--Prescribe 
                standard purchase specifications and standard 
                forms and procedures (except forms and 
                procedures that the Comptroller General 
                prescribes by law) subject to regulations the 
                Administrator for Federal Procurement Policy 
                prescribes under [division B (except sections 
                1704 and 2303) of subtitle I] the provisions 
                referred to in section 172(b) of title 41.

Sec. 545(f)

Sec. 545. Procedure for disposal

                                 * * *

  (f) Applicability of Other Law.--[Section 6101(b)-(d)] 
Section 6101 of title 41 does not apply to a disposal or 
contract for disposal made under this section.

Sec. 1103 note (Services Acquisition Reform Act of 2003, division A, 
                    Sec. 1427(b))

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

                                 * * *

  (b) Archtectural and Engineering Services.--Architectural and 
engineering services (as defined in section 1102 of title 40, 
United States Code) shall not be offered under multiple-award 
schedule contracts entered into by the Administrator of General 
Services or under Governmentwide task and delivery order 
contracts entered into under sections 2304a and 2304b of title 
10, United States Code, or [sections 303H and 303I of the 
Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253h and 253i)] sections 4103 and 4105 of title 41, 
United States Code, unless such services--

Sec. 1305

Sec. 1305. Disposition of land acquired by devise

  The General Services Administration may take custody, for 
disposal as excess property under [this subtitle and division C 
(except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of 
subtitle I of title 41] chapter 5 of this title, of land 
acquired by the Federal Government by devise.

Sec. 1308

Sec. 1308. Disposition of unfit horses and mules

  Subject to applicable regulations under this subtitle and 
[division C (except sections 3302, 3501(b), 3509, 3906, 4710, 
and 4711) of subtitle I] the provisions referred to in section 
171(c) of title 41, horses and mules belonging to the Federal 
Government that have become unfit for service may be destroyed 
or put out to pasture, either on pastures belonging to the 
Government or those belonging to financially sound and 
reputable humane organizations whose facilities permit them to 
care for the horses and mules during the remainder of their 
natural lives, at no cost to the Government.

Sec. 3148

Sec. 3148. Application of this subchapter to certain contracts

  This subchapter applies to a contract authorized by law that 
is made without regard to [section 6101(b) to (d) of title 41] 
section 6101 of title 41, or on a cost-plus-a-fixed-fee basis 
or otherwise without advertising for proposals, if this 
subchapter otherwise would apply to the contract.

Sec. 3304(d)(2)

Sec. 3304. Acquisition of buildings and sites

                                 * * *

  (d) Solicitation of Proposals for Sale, Donation, or Exchange 
of Real Property.--When the Administrator is to acquire a site 
under subsection (b), the Administrator, if the Administrator 
considers it necessary, by public advertisement may solicit 
proposals for the sale, donation, or exchange of real property 
to the Federal Government to be used as the site. In selecting 
a site under subsection (b) the Administrator (with the 
concurrence of the United States Postal Service if any part of 
the public building to be constructed on the site is to be used 
for post office purposes) may--

                                 * * *

          (2) acquire the site without regard to [division C 
        (except sections 3302, 3501(b), 3509, 3906, 4710, and 
        4711) of subtitle I] the provisions referred to in 
        section 171(c) of title 41.

Sec. 3305(a)

Sec. 3305. Construction and alteration of buildings

  (a) Construction.--
          (1) Replacement of existing buildings.--When the 
        Administrator of General Services considers it to be in 
        the best interest of the Federal Government to 
        construct a new public building to take the place of an 
        existing public building, the Administrator may 
        demolish the existing building and use the site on 
        which it is located for the site of the proposed public 
        building. If the Administrator believes that it is more 
        advantageous to construct the public building on a 
        different site in the same city, the Administrator may 
        exchange the building and site, or the site, for 
        another site, or may sell the building and site in 
        accordance with [subtitle I of this title and division 
        C (except sections 3302, 3501(b), 3509, 3906, 4710, and 
        4711) of subtitle I of title 41] chapter 5 of this 
        title.
          (2) Sale or exchange of sites.--When the 
        Administrator decides that a site acquired for the 
        construction of a public building is not suitable for 
        that purpose, the Administrator may exchange the site 
        for another site, or may sell it in accordance with 
        [subtitle I of this title and division C (except 
        sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of 
        subtitle I of title 41] chapter 5 of this title.

Sec. 3308(a)

Sec. 3308. Architectural or engineering services

  (a) Employment by Administrator.--When the Administrator of 
General Services decides it to be necessary, the Administrator 
may employ, by contract or otherwise, without regard to 
chapters 33 and 51 and subchapter III of chapter 53 of title 5, 
civil service rules and regulations, or [section 6101(b) to 
(d)] section 6101 of title 41, the services of established 
architectural or engineering corporations, firms, or 
individuals, to the extent the Administrator may require those 
services for any public building authorized to be constructed 
or altered under this chapter.

Sec. 3313(g)

Sec. 3313. Use of energy efficient lighting fixtures and bulbs

                                 * * *

  (g) Applicability of [Buy American Act] Chapter 83 of Title 
41.--Acquisitions carried out pursuant to this section shall be 
subject to the requirements of [the Buy American Act (41 U.S.C. 
10c et seq.)] chapter 83 of title 41.

Sec. 6111(b)(2)(D)

Sec. 6111. Supreme Court Building

                                 * * *

  (b) Availability of Appropriations.--Amounts appropriated 
under--

                                 * * *

          (2) the heading ``Supreme Court of the United 
        States'' and ``care of the building and grounds'' are 
        available for--

                                 * * *

                  (D) without compliance with [section 6101(b) 
                to (d)] section 6101 of title 41--

Sec. 8711(d)

Sec. 8711. National Capital Planning Commission

                                 * * *

  (d) Personnel.--The National Capital Planning Commission may 
employ a Director, an executive officer, and other technical 
and administrative personnel as it considers necessary. Without 
regard to [section 6101(b) to (d)] section 6101 of title 41 and 
section 3109, chapters 33 and 51, and subchapter III of chapter 
53, of title 5, the Commission may employ, by contract or 
otherwise, the temporary or intermittent (not more than one 
year) services of city planners, architects, engineers, 
appraisers, and other experts or organizations of experts, as 
may be necessary to carry out its functions. The Commission 
shall fix the rate of compensation so as not to exceed the rate 
usual for similar services.

Sec. 11302 note (Floyd D. Spence National Defense Authorization Act for 
                    Fiscal Year 2001, section 1 [H.R. 5408], Sec. 813)

SEC. 813. APPROPRIATE USE OF REQUIREMENTS REGARDING EXPERIENCE 
AND EDUCATION OF CONTRACTOR PERSONNEL IN THE PROCUREMENT OF 
INFORMATION TECHNOLOGY SERVICES.
  (a) Amendment of the Federal Acquisition Regulation.--Not 
later than 180 days after the date of the enactment of this 
Act, the Federal Acquisition Regulation issued in accordance 
with [sections 6 and 25 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 405 and 421)] sections 1121 and 1303 of 
title 41, United States Code shall be amended to address the 
use, in the procurement of information technology services, of 
requirements regarding the experience and education of 
contractor personnel.

                                 * * *

  (d) Definitions.--In this section:
          (1) The term ``executive agency'' has the meaning 
        given that term in [section 4(1) of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403(1))] 
        section 133 of title 41, United States Code.

Sec. Subtitle V

      SUBTITLE V--REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT

                                 * * *

                  CHAPTER [1] 151--GENERAL PROVISIONS

                                 * * *

                 CHAPTER [2] 153--REGIONAL COMMISSIONS

                                 * * *

                 CHAPTER [3] 155--FINANCIAL ASSISTANCE

                                 * * *

               CHAPTER [4] 157--ADMINISTRATIVE PROVISIONS

                       TITLE 41--PUBLIC CONTRACTS

Public Law 111-350, Sec. 7(b)

SEC. 7. REPEALS.

                                 * * *

  (b) Repealer Schedule.--The laws specified in the following 
schedule are repealed, except for rights and duties that 
matured, penalties that were incurred, and proceedings that 
were begun before the date of enactment of this Act.

                                                                Schedule of Laws Repealed
                                                                    Statutes at Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Statutes at Large         U.S. Code (title 41 unless otherwise
                                     Chapter or Public                             -----------------------------                specified)
               Date                         Law                   Section                                       ----------------------------------------
                                                                                    Volume          Page                 Existing            Proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------

              * * *
               1933
Mar. 3...........................  212.................  title III, Sec. 1........      47  1520...............                      10c            8301
              * * *
                                    ...................  title III, Sec. 4........  ......  ...................         [10b-1] 10c note  ..............
              * * *
               1946
Mar. 8...........................  80..................  [1.......................      60  37.................                       51               ]
                * *
              [1954
May 11...........................  199.................  1........................      68  81.................                      321  ..............
                                    ...................  2........................      68  81.................                      322               ]
              * * *
               1978
              * * *
Nov. 1...........................  95-563..............  [1.......................      92  2383...............                 601 note               ]
              * * *
                                    ...................  [16......................      92  2391...............                 601 note               ]
--------------------------------------------------------------------------------------------------------------------------------------------------------

The analysis for chapter 1

                         CHAPTER 1--DEFINITIONS

                                 * * *

                 SUBCHAPTER III--DIVISION C DEFINITIONS

                                 * * *

154.  Additional definitions.

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

171.  References to provisions formerly contained in the Federal 
          Property and Administrative Services Act of 1949.
172.  References to provisions formerly contained in the Office of 
          Federal Procurement Policy Act.

Sec. Sec. 154, 171, 172

Sec. 154. Additional definitions

  In the provisions referred to in section 171(c), the terms 
``executive agency'', ``Federal agency'', and ``property'' have 
the same meanings given in section 102 of title 40.

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

Sec. 171.  References to provisions formerly contained in Federal 
                    Property and Administrative Services Act of 1949

  (a) Translation of Obsolete References.--This section 
provides a convenient form for references to provisions 
formerly contained in the Federal Property and Administrative 
Services Act of 1949.
  (b) Provisions Formerly Contained in Federal Property and 
Administrative Services Act of 1949 (Other Than Title III).--
Provisions formerly contained in the Federal Property and 
Administrative Services Act of 1949 (other than title III) are 
restated in chapters 1 through 11 of title 40.
  (c) Provisions Formerly Contained in Title III of Federal 
Property and Administrative Services Act of 1949.--Provisions 
formerly contained in title III of the Federal Property and 
Administrative Services Act of 1949 are restated in the 
following provisions of this title:
          (1) Chapter 31.
          (2) Sections 3301, 3303 through 3305, 3306(a) through 
        (e), 3307(a) through (d), and 3308 through 3311.
          (3) Sections 3501(a) and 3502 through 3509.
          (4) Chapter 37.
          (5) Sections 3901 through 3903 and 3905.
          (6) Sections 4101, 4105, and 4106.
          (7) Chapter 43.
          (8) Chapter 45.
          (9) Sections 4701 through 4706 and 4709.

Sec. 172.  References to provisions formerly contained in the Office of 
                    Federal Procurement Policy Act

  (a) Translation of Obsolete References.--This section 
provides a convenient form for references to provisions 
formerly contained in the Office of Federal Procurement Policy 
Act.
  (b) Provisions Formerly Contained in Office of Federal 
Procurement Policy Act.--Provisions formerly contained in the 
Office of Federal Procurement Policy Act are restated in the 
following provisions of this title:
          (1) Sections 1101, 1102, 1121(a) through (c)(1) and 
        (c)(3) through (f), 1122, 1124 through 1127, and 1130.
          (2) Chapter 13.
          (3) Chapter 15.
          (4) Sections 1701, 1702, 1703(a) through (h), (i)(2) 
        through (8), and (k), 1705, and 1707 through 1712.
          (5) Sections 1901 through 1903, 1905 through 1907, 
        and 1908(b)(1) and (2), (c)(1) and (2), and (d) through 
        (f).
          (6) Chapter 21.
          (7) Sections 2301, 2302, 2305 through 2310, and 2312.

Sec. 1101 note (Department of Labor, Health and Human Services, and 
                    Education, and Related Agencies Appropriations Act, 
                    1993, Sec. 502)

  Sec. 502. No part of any appropriation contained in this Act 
or subsequent Departments of Labor, Health and Human Services, 
and Education, and Related Agencies Appropriations Acts shall 
be expended by an executive agency, as referred to in [the 
Office of Federal Procurement Policy Act (41 U.S.C. 401 et 
seq.)] section 133 of title 41, United States Code, pursuant to 
any obligation for services by contract, unless such executive 
agency has awarded and entered into such contract in full 
compliance with [such Act] the provisions referred to in 
section 172(b) of title 41, United States Code and regulations 
promulgated thereunder.

Sec. 1122 note (Small Business Reauthorization Act of 1997, 
                    Sec. 414(a))

SEC. 414. REPORTING OF BUNDLED CONTRACT OPPORTUNITIES.
  (a) Data Collection Required.--The Federal Procurement Data 
System described in [section 6(d)(4)(A) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 405(d)(4)(A))] 
section 1122(a)(4)(A) of title 41, United States Code, shall be 
modified to collect data regarding bundling of contract 
requirements when the contracting officer anticipates that the 
resulting contract price, including all options, is expected to 
exceed $5,000,000. The data shall reflect a determination made 
by the contracting officer regarding whether a particular 
solicitation constitutes a contract bundling.

Sec. 1122 note (Federal Acquisition Streamlining Act of 1994, 
                    Sec. 10004)

SEC. 10004. DATA COLLECTION THROUGH FEDERAL PROCUREMENT DATA 
SYSTEM.
  (a) Data Collection Required.--The Federal Procurement Data 
System described in [section 6(d)(4)(A) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 405(d)(4)(A))] 
section 1122(a)(4)(A) of title 41, United States Code, shall be 
modified to collect from contracts in excess of the simplified 
acquisition threshold data identifying the following matters:

                                 * * *

  (b) Definition.--In this section, the term ``simplified 
acquisition threshold'' has the meaning given such term in 
[section 4(11) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 403(11))] section 134 of title 41, United States 
Code.

Sec. 1127 note National Defense Authorization Act for Fiscal Year 1998, 
                    Sec. 808(g))

SEC. 808. LIMITATION ON ALLOWABILITY OF COMPENSATION FOR 
CERTAIN CONTRACTOR PERSONNEL.

                                 * * *

  (g) Definitions.--In this section:
          (1) The term ``covered contract'' has the meaning 
        given such term in section 2324(l) of title 10, United 
        States Code, and section 306(l) of the Federal Property 
        and Administrative Services Act of 1949 (41 U.S.C. 
        256(l))] section 4301(2) of title 41, United States 
        Code.
          (2) The terms ``compensation'' and ``senior 
        executives'' have the meanings given such terms in 
        section 2324(l) of title 10, United States Code, and 
        [section 306(m) of the Federal Property and 
        Administrative Services Act of 1949] section 4301 of 
        title 41, United States Code.

Sec. 1303(a)(1)

Sec. 1303. Functions and authority

  (a) Functions.--
          (1) Issue and maintain federal acquisition 
        regulation.--Subject to sections 1121, 1122(a) to 
        (c)(1), 1125, 1126, 1130, 1131, and 2305 of this title, 
        the Administrator of General Services, the Secretary of 
        Defense, and the Administrator of National Aeronautics 
        and Space, pursuant to their respective authorities 
        under division C of this subtitle, chapters 4 and 137 
        of title 10, and [the National Aeronautics and Space 
        Act of 1958 (42 U.S.C. 2451 et seq.)] chapter 201 of 
        title 51, shall jointly issue and maintain in 
        accordance with subsection (d) a single Government-wide 
        procurement regulation, to be known as the Federal 
        Acquisition Regulation.

Sec. 1502 note (National Defense Authorization Act of Fiscal Year 2000, 
                    Sec. 802)

SEC. 802. STREAMLINED APPLICABILITY OF COST ACCOUNTING 
STANDARDS.

                                 * * *

  (c) Regulation on Types of CAS Coverage.--(1) The 
Administrator for Federal Procurement Policy shall revise the 
rules and procedures prescribed pursuant to [section 26(f) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 
422(f))] section 1502(a) and (b) of title 41, United States 
Code, to the extent necessary to increase the thresholds 
established in section 9903.201-2 of title 48 of the Code of 
Federal Regulations from $25,000,000 to $50,000,000.
  (2) Paragraph (1) requires only a change of the statement of 
a threshold condition in the regulation referred to by section 
number in that paragraph, and shall not be construed as--
          `(A) a ratification or expression of approval of--

                                 * * *

                  (ii) the manner in which [section 26 of the 
                Office of Federal Procurement Policy Act] 
                chapter 15 of title 41, United States Code, is 
                administered through the regulation; or

                                 * * *

  (g) Inapplicability of Standards to Certain Contracts.--The 
cost accounting standards issued pursuant to [section 26(f) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 
422(f)), as amended by this section] section 1502(a) and (b) of 
title 41, United States Code, as in effect on February 10, 
1996, and amended by this section, shall not apply during 
fiscal year 2000 with respect to a contract entered into under 
the authority provided in chapter 89 of title 5, United States 
Code (relating to health benefits for Federal employees).
  (h) Construction Regarding Certain Not-For-Profit Entities.--
The amendments made by subsections (a) and (b) shall not be 
construed as modifying or superseding, nor as intended to 
impair or restrict, the applicability of the cost accounting 
standards described in [section 26(f) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 422(f)) section 1502(a) and 
(b) of title 41, United States Code, to--

                                 * * *

  (i) Effective Date.--The amendments made by subsections (a) 
and (b) shall take effect 180 days after the date of enactment 
of this Act, and shall apply with respect to--

                                 * * *

          (2) determinations made on or after such effective 
        date regarding whether a segment of a contractor or 
        subcontractor is subject to the cost accounting 
        standards under [section 26(f) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 422(f))] section 
        1502(a) and (b) of title 41, United States Code, 
        regardless of whether the contracts on which such 
        determinations are made were entered into before, on, 
        or after such date.

Sec. 1703(i)(6)

Sec. 1703. Acquisition workforce

                                 * * *

  (i) Training Fund.--

                                 * * *

          (6) Amounts not to be used for other purposes.--The 
        Administrator of General Services, through the Office 
        of Federal [Procurememt] Procurement Policy, shall 
        ensure that amounts collected under this section are 
        not used for a purpose other than the activities set 
        forth in section 1201(a) of this title.

Sec. 1703 note (National Defense Authorization Act for Fiscal Year 
                    2006, Sec. 821(c))

SEC. 821. PARTICIPATION BY DEPARTMENT OF DEFENSE IN ACQUISITION 
WORKFORCE TRAINING FUND.

                                 * * *

  (c) Defense Acquisition University Funding.--Amounts 
transferred under [section 37(h)(3)(D) of the Office of Federal 
Procurement Policy Act (as amended by subsection (a))] section 
1703(i)(5) of title 41, United States Code, for use by the 
Defense Acquisition University shall be in addition to other 
amounts authorized for the University.

Sec. 1703 note (Federal Acquisition Streamlining Act of 1994, 
                    Sec. 5051(c)(2)(A))

SEC. 5051. PERFORMANCE BASED MANAGEMENT.

                                  * * *

  (c) Enhanced System of Performance Incentives.--Within one 
year after the date of the enactment of this Act, the Deputy 
Director for Management of the Office of Management and Budget, 
in consultation with appropriate officials in other departments 
and agencies of the Federal Government, shall, to the maximum 
extent consistent with applicable law--

                                 * * *

          (2) review the incentives and personnel actions 
        available to the heads of departments and agencies of 
        the Federal Government for encouraging excellence in 
        the acquisition workforce of the Federal Government and 
        provide an enhanced system of incentives for the 
        encouragement of excellence in such workforce which--
                  (A) relates pay to performance (including the 
                extent to which the performance of personnel in 
                such workforce contributes to achieving the 
                cost goals, schedule goals, and performance 
                goals established for acquisition programs 
                pursuant to [section 313(b) of the Federal 
                Property and Administrative Services Act of 
                1949, as added by subsection (a)] section 
                3103(b) of title 41, United States Code; and

Sec. 1709 note (Federal Acquisition Streamlining Act of 1994, 
                    Sec. 6002(b))

SEC. 6002. CONTRACTING FUNCTIONS BY FEDERAL PERSONNEL.

                                 * * *

  (b) Requirement for Guidance and Regulations.--The Federal 
Acquisition Regulatory Council established by [section 25(a) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 
421(a))] section 1302(a) of title 41, United States Code, 
shall--

Sec. 1902 note (Small Business Jobs Act of 2010, Sec. 1332)

SEC. 1332. MICRO-PURCHASE GUIDELINES.
  Not later than 1 year after the date of enactment of this 
Act, the Director of the Office of Management and Budget, in 
coordination with the Administrator of General Services, shall 
issue guidelines regarding the analysis of purchase card 
expenditures to identify opportunities for achieving and 
accurately measuring fair participation of small business 
concerns in purchases in an amount not in excess of the micro-
purchase threshold, as defined in [section 32 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 428)] section 1902 of 
title 41, United States Code (in this section referred to as 
``micro-purchases''), consistent with the national policy on 
small business participation in Federal procurements set forth 
in sections 2(a) and 15(g) of the Small Business Act (15 U.S.C. 
631(a) and 644(g)), and dissemination of best practices for 
participation of small business concerns in micro-purchases.

Sec. 2313

Sec. 2313. Database for Federal agency contract and grant officers and 
                    suspension and debarment officials

                                 * * *

  (c) Information Included.--With respect to a covered person, 
the database shall include information (in the form of a brief 
description) for the most recent 5-year period regarding the 
following:
          (1) Each civil or criminal proceeding, or any 
        administrative proceeding, in connection with the award 
        or performance of a contract or grant with the Federal 
        Government with respect to the person during the period 
        to the extent that the proceeding results in the 
        following dispositions:

                                 * * *

                  (E) In an administrative proceeding, a final 
                determination of contractor fault by the 
                Secretary of Defense pursuant to section 823(d) 
                of the National Defense Authorization Act for 
                Fiscal Year 2010 (Public Law 111-84, 10 U.S.C. 
                2302 note).

                                 * * *

  (e) Use of Database.--
          [(1) Availability to government officials.--The 
        Administrator of General Services shall ensure that the 
        information in the database is available to appropriate 
        acquisition officials of Federal agencies, other 
        government officials as the Administrator of General 
        Services determines appropriate, and, on request, the 
        Chairman and Ranking Member of the committees of 
        Congress having jurisdiction.]
          (1) Availability.--
                  (A) To government officials.--The 
                Administrator of General Services shall ensure 
                that the information in the database is 
                available to appropriate acquisition officials 
                of Federal agencies, other government officials 
                as the Administrator of General Services 
                determines appropriate, and, on request, the 
                Chairman and Ranking Member of the committees 
                of Congress having jurisdiction.
                  (B) To the public.--The Administrator of 
                General Services shall post the information in 
                the database, excluding past performance 
                reviews, on a publicly available website.

The analysis for chapter 31

                          CHAPTER 31--GENERAL

Sec.

                                 * * *

[3103.  Acquisition programs.] Goals for major acquisition programs.

Sec. 3103

Sec. 3103. [Acquisition programs] Goals for major acquisition programs.

 note prec. 3901 (Federal Property and Administrative Services Act of 
                    1949, Sec. 317(b)(3)(B))

SEC. 317. SHARE-IN-SAVINGS CONTRACTS.

                                 * * *

  (b) Cancellation and Termination.--(1) If funds are not made 
available for the continuation of a share-in-savings contract 
entered into under this section in a subsequent fiscal year, 
the contract shall be canceled or terminated. The costs of 
cancellation or termination may be paid out of--

                                 * * *

  (3)(A) Subject to subparagraph (B), the head of an executive 
agency may enter into share-in-savings contracts under this 
section in any given fiscal year even if funds are not made 
specifically available for the full costs of cancellation or 
termination of the contract if funds are available and 
sufficient to make payments with respect to the first fiscal 
year of the contract and the following conditions are met 
regarding the funding of cancellation and termination 
liability:

                                 * * *

  (B) The aggregate number of share-in-savings contracts that 
may be entered into under subparagraph (A) by all executive 
agencies to which [this chapter] the provisions referred to in 
section 171(c) of title 41, United States Code apply in a 
fiscal year may not exceed 5 in each of fiscal years 2003, 
2004, and 2005.

Sec. 4304 note (Federal Acquisition Streamlining Act of 1994, 
                    Sec. 2192(b)(2))

SEC. 2192. REVISION OF COST PRINCIPLE RELATING TO 
ENTERTAINMENT, GIFT, AND RECREATION COST FOR CONTRACTOR 
EMPLOYEES.

                                 * * *

  (b) Definitions.--In this section:

                                 * * *

          (2) The term ``covered contract'' has the meaning 
        given such term in section 2324(l) of title 10, United 
        States Code (as amended by section 2101(c)), and 
        [section 306(l) of the Federal Property and 
        Administrative Services Act of 1949 (as added by 
        section 2151)] section 4301(2) of title 41, United 
        States Code.

Sec. 6503(b)

Sec. 6503. Breach or violation of required contract terms

                                 * * *

  (b) Liquidated Damages.--In addition to damages for any other 
breach of the contract, the party responsible for a breach or 
violation described in subsection (a) is liable to the Federal 
Government for the following liquidated damages:
          (1) An amount equal to the sum of $10 per day for 
        each individual under 16 years of age [and each 
        incarcerated] or each incarcerated individual knowingly 
        employed in the performance of the contract.
          (2) An amount equal to the sum of [each underpayment] 
        underpayments of wages due an employee engaged in the 
        performance of the contract, including any 
        underpayments arising from deductions, rebates, or 
        refunds.

Sec. 6504

Sec. 6504. Three-year prohibition on new contracts in case of breach or 
                    violation

  (a) Distribution of List.--The Comptroller General shall 
distribute to [each agency] all agencies of the United States a 
list containing the names of persons or firms found by the 
Secretary to have breached or violated a representation or 
stipulation included in a contract under section 6502 of this 
title.
  (b) Three-Year Prohibition.--Unless the Secretary recommends 
otherwise, a contract [described in section 6502 of this title] 
may not be awarded to a person named on the list under 
subsection (a), or to a firm, corporation, partnership, or 
association in which the person has a controlling interest, 
until 3 years have elapsed from the date of the determination 
by the Secretary that a breach or violation occurred.

Sec. 6506(b)

Sec. 6506. Administrative provisions

                                 * * *

  (b) Regulations.--The Secretary may make, amend, and rescind 
rules and regulations as may be necessary to carry out this 
chapter.

Sec. 6507

Sec. 6507. Hearing authority and procedures

                                 * * *

  (b) Authority To Hold Hearings.--The Secretary or an 
impartial representative designated by the Secretary may hold 
hearings when there is a complaint of breach or violation of a 
representation or stipulation [included in a contract] included 
in a proposal or contract under section 6502 of this title. The 
Secretary may initiate hearings on the Secretary's own motion 
or on the application of a person affected by the ruling of an 
agency of the United States relating to a proposal or contract 
under this chapter.

                                 * * *

  (d) Enforcement of Orders.--If a person refuses or fails to 
obey an order issued under subsection (c), the Secretary or [an 
impartial] a representative designated by the Secretary may 
bring an action to enforce the order in a district court of the 
United States or in the district court of a territory or 
possession of the United States. A court has jurisdiction to 
enforce the order if the inquiry is being carried out within 
the court's judicial district or if the person is found or 
resides or transacts business within the court's judicial 
district. The court may issue an order requiring the person to 
obey the order issued under subsection (c), and the court may 
punish any further refusal or failure as contempt of court.

Sec. 6508

Sec. 6508. Authority to make exceptions

  (a) Duty of the Secretary To Make Exceptions.--When the head 
of [an agency] the contracting agency of the United States 
makes a written finding that the inclusion of representations 
or stipulations under section 6502 of this title in a proposal 
or contract will seriously impair the conduct of Federal 
Government business, the Secretary shall make exceptions, in 
specific cases or otherwise, when justice or the public 
interest will be served.
  (b) Authority of the Secretary To Modify Existing 
Contracts.--When [an agency] the contracting agency of the 
United States and a contractor jointly recommend, the Secretary 
may modify the terms of an existing contract with respect to 
minimum wages and maximum hours of labor as the Secretary finds 
necessary and proper in the public interest or to prevent 
injustice and undue hardship.
  (c) Authority of the Secretary To Allow Limitations, 
Variations, Tolerances, and Exemptions.--The Secretary may 
provide reasonable limitations and may prescribe rules and 
regulations to allow reasonable variations, tolerances, and 
exemptions in the application of this chapter to contractors, 
including with respect to minimum wages and maximum hours of 
labor.

Sec. 6701(3)(A)

Sec. 6701. Definitions

  In this chapter:

                                 * * *

          (3) Service employee.--The term ``service 
        employee''--
                  (A) means an individual engaged in the 
                performance of a contract made by the Federal 
                Government or the District of Columbia and not 
                exempted under section 6702(b) of this title, 
                whether negotiated or advertised, the principal 
                purpose of which is to furnish services in the 
                United States;

Sec. 6702(a)

Sec. 6702. Contracts to which this chapter applies

  (a) In General.--Except as provided in subsection (b), this 
chapter applies to any contract or bid specification for a 
contract, whether negotiated or advertised, that--
          (1) is made by the Federal Government or the District 
        of Columbia; and
          [(2) involves an amount exceeding $2,500; and]
          [(3)] (2) has as its principal purpose the furnishing 
        of services in the United States through the use of 
        service employees.

Sec. 6703

Sec. 6703. Required contract terms

  A contract, and bid specification for a contract, to which 
this chapter applies under section 6702 of this title and 
involves an amount exceeding $2,500 shall contain the following 
terms:
          (1) Minimum wage.--The contract and bid specification 
        shall contain a provision specifying the minimum wage 
        to be paid to [each class of service employee] the 
        various classes of service employees engaged in the 
        performance of the contract or any subcontract, as 
        determined by the Secretary or the Secretary's 
        authorized representative, in accordance with 
        prevailing rates in the locality, or, where a 
        collective-bargaining agreement covers the service 
        employees, in accordance with the rates provided for in 
        the agreement, including prospective wage increases 
        provided for in the agreement as a result of arm's 
        length negotiations. In any case the minimum wage may 
        not be less than the minimum wage specified in section 
        6704 of this title.
          (2) Fringe benefits.--The contract and bid 
        specification shall contain a provision specifying the 
        fringe benefits to be provided to [each class of 
        service employee] the various classes of service 
        employees engaged in the performance of the contract or 
        any subcontract, as determined by the Secretary or the 
        Secretary's authorized representative to be prevailing 
        in the locality, or, where a collective-bargaining 
        agreement covers the service employees, to be provided 
        for under the agreement, including prospective fringe 
        benefit increases provided for in the agreement as a 
        result of arm's-length negotiations. The fringe 
        benefits shall include medical or hospital care, 
        pensions on retirement or death, compensation for 
        injuries or illness resulting from occupational 
        activity, or insurance to provide any of the foregoing, 
        unemployment benefits, life insurance, disability and 
        sickness insurance, accident insurance, vacation and 
        holiday pay, costs of apprenticeship or other similar 
        programs and other bona fide fringe benefits not 
        otherwise required by Federal, State, or local law to 
        be provided by the contractor or subcontractor. The 
        obligation under this paragraph may be discharged by 
        furnishing any equivalent combinations of fringe 
        benefits or by making equivalent or differential 
        payments in cash under rules and regulations 
        established by the Secretary.

                                 * * *

          (5) General schedule pay rates and prevailing rate 
        systems.--The contract and bid specification shall 
        contain a statement of the rates that would be paid by 
        the Federal agency to [each class of service employee] 
        the various classes of service employees if section 
        5332 or 5341 of title 5 were applicable to them. The 
        Secretary shall give due consideration to these rates 
        in making the wage and fringe benefit determinations 
        specified in this section.

Sec. 6705

Sec. 6705. Violations

                                 * * *

  (b) Recovery of Amounts Underpaid to Employees.--
          (1) Withholding accrued payments due on contracts.--
        [The total amount] An amount determined under 
        subsection (a) to be due any employee engaged in the 
        performance of a contract may be withheld from accrued 
        payments due on the contract or on any other contract 
        between the same contractor and the Federal Government. 
        The amount withheld shall be held in a deposit fund. On 
        order of the Secretary, the compensation found by the 
        Secretary or the head of a Federal agency to be due an 
        underpaid employee pursuant to this chapter shall be 
        paid from the deposit fund directly to the underpaid 
        employee.
          (2) Bringing actions against contractors.--If the 
        accrued payments withheld under the terms of the 
        contract are insufficient to reimburse [a service 
        employee] all service employees with respect to whom 
        there has been a failure to pay the compensation 
        required pursuant to this chapter, the Federal 
        Government may bring action against the contractor, 
        subcontractor, or any sureties in any court of 
        competent jurisdiction to recover the remaining amount 
        of underpayment. Any amount recovered shall be held in 
        the deposit fund and shall be paid, on order of the 
        Secretary, directly to the [underpaid employee] 
        underpaid employees. Any amount not paid to an employee 
        because of inability to do so within 3 years shall be 
        covered into the Treasury as miscellaneous receipts.

                                 * * *

  (d) Enforcement of Section.--In accordance with rules and 
regulations prescribed pursuant to section 6707(a)-(d) of this 
title, the Secretary or the head of [a Federal agency] the 
Federal agency may carry out this section.

Sec. 6706(b)

Sec. 6706. Three-year prohibition on new contracts in case of violation

                                 * * *

  (b) Three-Year Prohibition.--Unless the Secretary recommends 
otherwise because of unusual circumstances, a Federal 
Government contract may not be awarded to a person or firm 
named on the list under subsection (a), or to an entity in 
which the person or firm has a substantial interest, until 3 
years have elapsed from the date of publication of the list. If 
the Secretary does not recommend otherwise because of unusual 
circumstances, the Secretary shall, not later than 90 days 
after [a hearing examiner] an administrative law judge has made 
a finding of a violation of this chapter, forward to the 
Comptroller General the name of the person or firm found to 
have violated this chapter.

Sec. 6707

Sec. 6707. Enforcement and administration of chapter

  (a) Enforcement of Chapter.--Sections 6506 and [6507] 6507(b) 
through (f) of this title govern the Secretary's authority to 
enforce this chapter, including the Secretary's authority to 
prescribe rules and regulations, issue orders, hold hearings, 
make decisions based on findings of fact, and take other 
appropriate action under this chapter.
  (b) Limitations and Regulations for Variations, Tolerances, 
and Exemptions.--The Secretary may provide reasonable 
limitations and may prescribe rules and regulations allowing 
reasonable variation, tolerances, and exemptions with respect 
to this chapter (other than subsection (f)), but only in 
special circumstances where the Secretary determines that the 
limitation, variation, tolerance, or exemption is necessary and 
proper in the public interest or to avoid the serious 
impairment of Federal Government business, and is in accord 
with the remedial purpose of this chapter to protect prevailing 
labor standards.
  (c) Preservation of Wages and Benefits Due Under Predecessor 
Contracts.--
          (1) In general.--Under a contract which succeeds a 
        contract subject to this chapter, and under which 
        substantially the same services are furnished, a 
        contractor or subcontractor may not pay a service 
        employee less than [the wages and fringe benefits the 
        service employee would have received under the 
        predecessor contract, including accrued wages and 
        fringe benefits and any prospective increases in wages 
        and fringe benefits provided for in a collective-
        bargaining agreement as a result of arm's-length 
        negotiations] the wages and fringe benefits provided 
        for in a collective-bargaining agreement as a result of 
        arm's-length negotiations to which the service 
        employees would have been entitled if they were 
        employed under the predecessor contract, including 
        accrued wages and fringe benefits and any prospective 
        increases in wages and fringe benefits provided for in 
        the collective-bargaining agreement.
          (2) Exception.--This subsection does not apply if the 
        Secretary finds after a hearing in accordance with 
        regulations adopted by the Secretary that wages and 
        fringe benefits [under the predecessor contract] 
        established under the predecessor contract through 
        collective bargaining are substantially at variance 
        with wages and fringe benefits prevailing in the same 
        locality for services of a similar character.
  (d) Duration of Contracts.--Subject to limitations in annual 
appropriation acts but notwithstanding any other law, a 
contract to which this chapter applies may, if authorized by 
the Secretary, be for any term of years not exceeding 5, if the 
contract provides for periodic adjustment of wages and fringe 
benefits pursuant to future determinations, issued in the 
manner prescribed in section 6703 of this title at least once 
every 2 years during the term of the contract, covering [each 
class of service employee] the various classes of service 
employees.

                                 * * *

The analysis for subtitle III

                    Subtitle III--Contract Disputes

Chapter                                                             Sec.
      Contract Disputes.............................................7101
      Limitation on Judicial Review of Administrative Decisions.....7301

Sec. 7105

Sec. 7105. Agency boards

                                 * * *

  (b) Civilian Board.--

                                 * * *

          (4) Functions.--
                  (A) In general.--The Civilian Board has 
                jurisdiction as provided by [subsection 
                (e)(1)(B)] subparagraphs (B) and (D) of 
                subsection (e)(1).

                                 * * *

                  (D) Central intelligence agency contracts.--
                The Armed Services Board or the Civilian Board, 
                as specified by a contracting officer of the 
                Central Intelligence Agency as the agency board 
                to which an appeal of a decision of that 
                contracting officer relative to a contract made 
                by the Central Intelligence Agency may be made, 
                has jurisdiction to decide that appeal.
                  ([D] E) Postal Service Board.--

chapter 73

 CHAPTER 73--LIMITATION ON JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS

Sec.
7301.  Applicability.
7302.  In general.
7303.  Prohibition of contract provision relating to finality on a 
          question of law.

Sec. 7301. Applicability

  This chapter applies to public contracts not subject to 
chapter 71 of this title.

Sec. 7302. In general

  (a) Limitation on Pleading.--No provision of a contract the 
United States enters into that relates to the finality or 
conclusiveness of a decision by the head of an agency, a 
representative of the head of the agency, or a board in a 
dispute involving a question arising under the contract shall 
be pleaded in a civil action as limiting judicial review of the 
decision to cases where fraud by the official, representative, 
or board is alleged.
  (b) Finality and Conclusiveness of Decision.--A decision 
referred to in subsection (a) is final and conclusive unless it 
is fraudulent, capricious, arbitrary, or so grossly erroneous 
as necessarily to imply bad faith or is not supported by 
substantial evidence.

Sec. 7303. Prohibition of contract provision relating to finality on a 
                    question of law

  ``No Government contract may contain a provision making final 
on a question of law the decision of an administrative 
official, representative, or board.

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

SEC. 508. IMPLEMENATION OF BUY AMERICAN ACT WITH RESPECT TO 
CERTAIN WATER RESOURCE PROJECTS.
  Sec. 508. (a) General Rule.--For purposes of [title III of 
the Act of March 3, 1933 (47 Stat. 1520; 41 U.S.C. 10a-10c), 
commonly known as the Buy American Act] chapter 83 of title 41, 
United States Code, a cofferdam or any other temporary 
structure to be constructed by the Secretary of the Army, 
acting through the Chief of Engineers, shall be treated in the 
same manner as a permanent dam constructed by the Secretary of 
the Army.

Sec. 8501 note (John Warner National Defense Authorization Act for 
                    Fiscal Year 2007, Sec. 856(a))

SEC. 856. CONTRACTING WITH EMPLOYERS OF PERSONS WITH 
DISABILITIES.
  (a) Inapplicability of Certain Laws.--
          (1) Inapplicability of the randolph-sheppard act to 
        contracts and subcontracts for military dining facility 
        support services covered by [javits-wagner-o'day act] 
        chapter 85 of title 41, united states code.--The 
        Randolph-Sheppard Act (20 U.S.C. 107 et seq.) does not 
        apply to full food services, mess attendant services, 
        or services supporting the operation of a military 
        dining facility that, as of the date of the enactment 
        of this Act, were services on the procurement list 
        established under [section 2 of the Javits-Wagner-O'Day 
        Act (41 U.S.C. 47)] section 8503 of title 41, United 
        States Code.
          (2) Inapplicability of the [javits-wagner-o'day act] 
        chapter 85 of title 41, united states code to contracts 
        for the operation of a military dining facility.--(A) 
        [The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.)] 
        Chapter 85 of title 41, United States Code, does not 
        apply at the prime contract level to any contract 
        entered into by the Department of Defense as of the 
        date of the enactment of this Act with a State 
        licensing agency under the Randolph-Sheppard Act (20 
        U.S.C. 107 et seq.) for the operation of a military 
        dining facility.
          (B) [The Javits-Wagner-O'Day Act] Chapter 85 of title 
        41, United States Code, shall apply to any subcontract 
        entered into by a Department of Defense contractor for 
        full food services, mess attendant services, and other 
        services supporting the operation of a military dining 
        facility.

Sec. 8501 note (National Defense Authorization Act for Fiscal Year 
                    2006, Sec. 848(b))

SEC. 848. STATEMENT OF POLICY AND REPORT RELATING TO 
CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES.
  (b) Statement of Policy.--The Secretary of Defense, the 
Secretary of Education, and the Chairman of the Committee for 
Purchase From People Who Are Blind or Severely Disabled shall 
jointly issue a statement of policy related to the 
implementation of the Randolph-Sheppard Act (20 U.S.C. 107 et 
seq.) and [the Javits-Wagner-O'Day Act (41 U.S.C. 48)] chapter 
85 of title 41, United States Code, within the Department of 
Defense and the Department of Education. The joint statement of 
policy shall specifically address the application of [those 
Acts] the Randolph-Sheppard Act and chapter 85 of title 41, 
United States Code, to both operation and management of all or 
any part of a military mess hall, military troop dining 
facility, or any similar dining facility operated for the 
purpose of providing meals to members of the Armed Forces, and 
shall take into account and address, to the extent practicable, 
the positions acceptable to persons representing programs 
implemented under [each Act] the Randolph-Sheppard Act or 
chapter 85 of title 41, United States Code.

                TITLE 42--THE PUBLIC HEALTH AND WELFARE

Sec. 238m(b)(1) (Public Health Service Act, Sec. 244(b)(1))

  Sec. 244. (a) The Secretary may enter into contracts with 
fiscal agents--

                                 * * *

  (b)(1) Contracts under subsection (a) of this section may be 
entered into without regard to [section 3709 of the Revised 
Statutes (41 U.S.C. 5)] section 6101 of title 41, United States 
Code, or any other provision of law requiring competition.

Sec. 242k(f) (Public Health Service Act, Sec. 306(f))

  Sec. 306. (a) There is established in the Department of 
Health and Human Services the National Center for Health 
Statistics (hereinafter in this section referred to as the 
``Center'') which shall be under the direction of a Director 
who shall be appointed by the Secretary. The Secretary, acting 
through the Center, shall conduct and support statistical and 
epidemiological activities for the purpose of improving the 
effectiveness, efficiency, and quality of health services in 
the United States.

                                 * * *

  (f) To assist in carrying out this section, the Secretary, 
acting through the Center, shall cooperate and consult with the 
Departments of Commerce and Labor and any other interested 
Federal departments or agencies and with State and local health 
departments and agencies. For such purpose he shall utilize 
insofar as possible the services or facilities of any agency of 
the Federal Government and, without regard to [section 3709 of 
the Revised Statutes (41 U.S.C. 5)] section 6101 of title 41, 
United States Code, of any appropriate State or other public 
agency, and may, without regard to such section, utilize the 
services or facilities of any private agency, organization, 
group, or individual, in accordance with written agreements 
between the head of such agency, organization, or group and the 
Secretary or between such individual and the Secretary. 
Payment, if any, for such services or facilities shall be made 
in such amounts as may be provided in such agreement.

Sec. 242m(f) (Public Health Service Act, Sec. 308(f))

  Sec. 308. (a)(1) Not later than March 15 of each year, the 
Secretary shall submit to the President and Congress the 
following reports:

                                 * * *

  (f) Contracts without regard to section 3324 of title 31 and 
[section 3709 of the Revised Statutes (41 U.S.C. 5)] section 
6101 of title 41, United States Code.

Sec. 247d-6a(b) (Public Health Service Act, Sec. 319F-1(b))

SEC. 319F-1. AUTHORITY FOR USE OF CERTAIN PROCEDURES REGARDING 
QUALIFIED COUNTERMEASURE RESEARCH AND DEVELOPMENT ACTIVITIES.

                                 * * *

  (b) Expedited Procurement Authority.--
          (1) Increased simplified acquisition threshold for 
        qualified countermeasure procurements.--
                  (A) In general.--For any procurement by the 
                Secretary of property or services for use (as 
                determined by the Secretary) in performing, 
                administering, or supporting qualified 
                countermeasure research or development 
                activities under this section that the 
                Secretary determines necessary to respond to 
                pressing research and development needs under 
                this section, the amount specified in [section 
                4(11) of the Office of Federal Procurement 
                Policy Act (41 U.S.C. 403(11))] section 134 of 
                title 41, United States Code, as applicable 
                pursuant to [section 302A of the Federal 
                Property and Administrative Services Act of 
                1949 (41 U.S.C. 252a(a))] section 3101(b)(1)(A) 
                of title 41, United States Code, shall be 
                deemed to be $25,000,000 in the administration, 
                with respect to such procurement, of--
                          (i) [section 303(g)(1)(A) of the 
                        Federal Property and Administrative 
                        Services Act of 1949 (41 U.S.C. 
                        253(g)(1)(A))] section 3305(a)(1) of 
                        title 41, United States Code, and its 
                        implementing regulations; and
                          (ii) [section 302A of such Act (41 
                        U.S.C. 252a(b))] section 3101(b)(1)(B) 
                        of title 41, United States Code, and 
                        its implementing regulations.
                  (B) Application of certain provisions.--
                Notwithstanding subparagraph (A) and the 
                provision of law and regulations referred to in 
                such subparagraph, each of the following 
                provisions shall apply to procurements 
                described in this paragraph to the same extent 
                that such provisions would apply to such 
                procurements in the absence of subparagraph 
                (A):

                                  * * *

                          (ii) [Subsections (a) and (b) of 
                        section 7 of the Anti-Kickback Act of 
                        1986 (41 U.S.C. 57(a) and (b))] Section 
                        8703(a) of title 41, United States 
                        Code.
                          (iii) [Section 304C of the Federal 
                        Property and Administrative Services 
                        Act of 1949 (41 U.S.C. 254d)] Section 
                        4706 of title 41, United States Code 
                        (relating to the examination of 
                        contractor records).

                                 * * *

                          (v) [Subsection (a) of section 304 of 
                        the Federal Proprety and Administrative 
                        Services Act of 1949 (41 U.S.C. 254(a)) 
                        Section 3901 of title 41, United States 
                        Code (relating to contingent fees to 
                        middlemen).

                                 * * *

          (2) Procedures other than full and open 
        competition.--
                  (A) In general.--In using the authority 
                provided in [section 303(c)(1) of title III of 
                the Federal Proeperty and Administrative 
                Services Act of 1949 (41 U.S.C. 253(c)(1))] 
                section 3304(a)(1) of title 41, United States 
                Code, to use procedures other than competitive 
                procedures in the case of a procurement 
                described in paragraph (1) of this subsection, 
                the phrase ``available from only one 
                responsible source'' in [such section 
                303(c)(1)] such section 3304(a)(1) shall be 
                deemed to mean ``available from only one 
                responsible source or only from a limited 
                number of responsible sources''.

                                 * * *

                  (C) Applicable government-wide regulations.--
                The Secretary shall implement this paragraph in 
                accordance with government-wide regulations 
                implementing [such section 303(c)(1)] such 
                section 3304(a)(1) (including requirements that 
                offers be solicited from as many potential 
                sources as is practicable under the 
                circumstances, that required notices be 
                published, and that submitted offers be 
                considered), as such regulations apply to 
                procurements for which an agency has authority 
                to use procedures other than competitive 
                procedures when the property or services needed 
                by the agency are available from only one 
                responsible source or only from a limited 
                number of responsible sources and no other type 
                of property or services will satisfy the needs 
                of the agency.
          (3) Increased micropurchase threshold.--
                  (A) In general.-For a procurement described 
                by paragraph (1), the amount specified in 
                [subsections (c), (d), and (f) of section 32 of 
                the Office of Federal Procurement Policy Act 
                (41 U.S.C. 428)] section 1902(a), (d), and (e) 
                of title 41, United States Code, shall be 
                deemed to be $15,000 in the administration of 
                that section with respect to such procurement.

Sec. 247d-6b(c)(7)(C) (Public Health Service Act, Sec. 319F-2(c)(7)(C))

SEC. 319F-2. STRATEGIC NATIONAL STOCKPILE AND SECURITY 
COUNTERMEASURE PROCUREMENTS.

                                 * * *

  (c) Additional Authority Regarding Procurement of Certain 
Countermeasures; Availability of Special Reserve Fund.--

                                 * * *

        (7) Procurement.--

                                 * * *

                (C) Procument.--

                                 * * *

                          (ii) Contract terms.--A contract for 
                        procurements under this subsection 
                        shall (or, as specified below, may) 
                        include the following terms:

                                 * * *

                                  (VII) Sales exclusivity.--The 
                                contract may provide that the 
                                vendor is the exclusive 
                                supplier of the product to the 
                                Federal Government for a 
                                specified period of time, not 
                                to exceed the term of the 
                                contract, on the condition that 
                                the vendor is able to satisfy 
                                the needs of the Government. 
                                During the agreed period of 
                                sales exclusivity, the vendor 
                                shall not assign its rights of 
                                sales exclusivity to another 
                                entity or entities without 
                                approval by the Secretary. Such 
                                a sales exclusivity provision 
                                in such a contract shall 
                                constitute a valid basis for a 
                                sole source procurement under 
                                [section 303(c)(1) of the 
                                Federal Property and 
                                Administrative Services Act of 
                                1949 (41 U.S.C. 25(c)(1))] 
                                section 3304(a)(1) of title 41, 
                                United States Code.

                                 * * *

                          (iii) Availability of simplified 
                        acquisition procedures.--
                                  (I) In general.--If the 
                                Secretary determines that there 
                                is a pressing need for a 
                                procurement of a specific 
                                countermeasure, the amount of 
                                the procurement under this 
                                subsection shall be deemed to 
                                be below the threshold amount 
                                specified in [section 4(11) of 
                                the Office of Federal 
                                Procurement Policy Act (41 
                                U.S.C. 403(11))] section 134 of 
                                title 41, United States Code, 
                                for purposes of application to 
                                such procurement, pursuant to 
                                [section 302A(a) of the Federal 
                                Property and Administrative 
                                Services Act of 1949 (41 U.S.C. 
                                252a(a))] section 3101(b)(1)(A) 
                                of title 41, United States Code 
                                of--
                                          (aa) [section 
                                        303(g)(1)(A) of the 
                                        Federal Property and 
                                        Administrative Services 
                                        Act of 1949 (41 U.S.C. 
                                        253(g)(1)(A))] section 
                                        3305(a)(1) of title 41, 
                                        United States Code, and 
                                        its implementing 
                                        regulations; and
                                          (bb) [section 302A(b) 
                                        of such Act (41 U.S.C. 
                                        252a(b)) section 
                                        3101(b)(1)(B) of such 
                                        title and its 
                                        implementing 
                                        regulations.
                                  (II) Application of certain 
                                provisions.--Notwithstanding 
                                subclause (I) and the provision 
                                of law and regulations referred 
                                to in such clause, each of the 
                                following provisions shall 
                                apply to procurements described 
                                in this clause to the same 
                                extent that such provisions 
                                would apply to such 
                                procurements in the absence of 
                                subclause (I):

                                 * * *

                                          (bb) [Subsections (a) 
                                        and (b) of section 7 of 
                                        the Anti-Kickback Act 
                                        of 1986 (41 U.S.C. 
                                        57(a) and (b))] Section 
                                        8703(a) of title 41, 
                                        United States Code.
                                          (cc) [Section 304C of 
                                        the Federal Property 
                                        and Administrative 
                                        Services Act of 1949 
                                        (41 U.S.C. 254d)] 
                                        Section 4706 of title 
                                        41, United States Code 
                                        (relating to the 
                                        examination of 
                                        contractor records).

                                 * * *

                                          (ee) [Subsection (a) 
                                        of section 304 of the 
                                        Federal Property and 
                                        Administrative Services 
                                        Act of 1949 (41 U.S.C. 
                                        254(a))] Section 3901 
                                        of title 41, United 
                                        States Code (relating 
                                        to contingent fees to 
                                        middlemen).

                                 * * *

                          (iv) Procedures other than full and 
                        open competition.--
                                  (I) In general.--In using the 
                                authority provided in [section 
                                303(c)(1) of the Federal 
                                Property and Administrative 
                                Services Act of 1949 (41 U.S.C. 
                                253(c)(1)) section 3304(a)(1) 
                                of title 41, United States 
                                Code, to use procedures other 
                                than competitive procedures in 
                                the case of a procurement under 
                                this subsection, the phrase 
                                ``available from only one 
                                responsible source'' in [such 
                                section 303(c)(1)] such section 
                                3304(a)(1) shall be deemed to 
                                mean ``available from only one 
                                responsible source or only from 
                                a limited number of responsible 
                                sources''.

                                 * * *

                                  (III) Applicable government-
                                wide regulations.--The 
                                Secretary shall implement this 
                                clause in accordance with 
                                government-wide regulations 
                                implementing [such section 
                                303(c)(1)] such section 
                                3304(a)(1) (including 
                                requirements that offers be 
                                solicited from as many 
                                potential sources as is 
                                practicable under the 
                                circumstances, that required 
                                notices be published, and that 
                                submitted offers be 
                                considered), as such 
                                regulations apply to 
                                procurements for which an 
                                agency has authority to use 
                                procedures other than 
                                competitive procedures when the 
                                property or services needed by 
                                the agency are available from 
                                only one responsible source or 
                                only from a limited number of 
                                responsible sources and no 
                                other type of property or 
                                services will satisfy the needs 
                                of the agency.

                                 * * *

                          (vii) Limiting competition to sources 
                        responding to request for 
                        information.--In conducting a 
                        procurement under this subsection, the 
                        Secretary may exclude a source that has 
                        not responded to a request for 
                        information under [section 
                        303A(a)(1)(B) of the Federal Property 
                        and Administrative Services Act of 1949 
                        (41 U.S.C. 253a(a)(1)(B))] section 
                        3306(a)(1)(B) of title 41, United 
                        States Code, if such request has given 
                        notice that the Secretary may so 
                        exclude such a source.

Sec. 247d-7e(c)(5) (Public Health Service Act, Sec. 319L(c)(5))

SEC. 319L. BIOMEDICAL ADVANCED RESEARCH AND DEVELOPMENT 
AUTHORITY.

                                 * * *

  (c) Biomedical Advanced Research and Development Authority.--

                                 * * *

          (5) Transaction authorities.--
                  (A) Other transactions.--

                                 * * *

                          (ii) Limitations on authority.--

                                 * * *

                                  (II) Written determinations 
                                required.--The authority of 
                                this subparagraph may be 
                                exercised for a project that is 
                                expected to cost the Department 
                                of Health and Human Services in 
                                excess of $20,000,000 only upon 
                                a written determination by the 
                                senior procurement executive 
                                for the Department (as 
                                designated for purpose of 
                                [section 16(c) of the Office of 
                                Federal Procurement Policy Act 
                                (41 U.S.C. 414(c))] section 
                                1702(c) of title 41, United 
                                States Code), that the use of 
                                such authority is essential to 
                                promoting the success of the 
                                project. The authority of the 
                                senior procurement executive 
                                under this subclause may not be 
                                delegated.

                                 * * *

                  (C) Advance payments; advertising.--The 
                Secretary may waive the requirements of section 
                3324(a) of title 31, United States Code, or 
                [section 3709 of the Revised Stattutes of the 
                United States (41 U.S.C. 5)] section 6101 of 
                title 41, United States Code, upon the 
                determination by the Secretary that such waiver 
                is necessary to obtain countermeasures or 
                products under this section.

                                 * * *

                  (F) Establishment of research centers.--The 
                Secretary may assess the feasibility and 
                appropriateness of establishing, through 
                contract, grant, cooperative agreement, or 
                other transaction, an arrangement with an 
                existing research center in order to achieve 
                the goals of this section. If such an agreement 
                is not feasible and appropriate, the Secretary 
                may establish one or more federally-funded 
                research and development centers, or 
                university-affiliated research centers, in 
                accordance with [section 303(c)(3) of the 
                Federal Property and Administrative Services 
                Act of 1949 (41 U.S.C. 253(c)(3)) section 
                3304(a)(3) of title 41, United States Code.

Sec. 285a-2(b)(8) (Public Health Service Act, Sec. 413(b)(8))

  Sec. 413. (a) (1) The Director of the Institute shall 
establish an information and education program to collect, 
identify, analyze, and disseminate on a timely basis, through 
publications and other appropriate means, to cancer patients 
and their families, physicians and other health professionals, 
and the general public, information on cancer research, 
diagnosis, prevention, and treatment (including information 
respecting nutrition programs for cancer patients and the 
relationship between nutrition and cancer). The Director of the 
Institute may take such action as may be necessary to insure 
that all channels for the dissemination and exchange of 
scientific knowledge and information are maintained between the 
Institute and the public and between the Institute and other 
scientific, medical, and biomedical disciplines and 
organizations nationally and internationally.

                                 * * *

  (b) The Director of the Institute in carrying out the 
National Cancer Program--

                                 * * *

          (8) may, subject to section 284(b)(2) of this title 
        and without regard to section 3324 of title 31, United 
        States Code, and [section 3709 of the Revised Statutes 
        (41 U.S.C. 5)] section 6101 of title 41, United States 
        Code, enter into such contracts, leases, cooperative 
        agreements, as may be necessary in the conduct of 
        functions of the Director, with any public agency, or 
        with any person, firm, association, corporation, or 
        educational institution; and

Sec. 285b-3(b)(3) (Public Health Service Act, Sec. 421(b)(3))

  Sec. 421. (a)(1) The National Heart, Blood Vessel, Lung, and 
Blood Diseases and Blood Resources Program (hereafter in this 
subpart referred to as the ``Program'') may provide for--

                                 * * *

  (b) In carrying out the Program, the Director of the 
Institute, under policies established by the Director of NIH--

                                 * * *

          (3) subject to section 405(b)(2) and without regard 
        to section 3324 of title 31, United States Code, and 
        [section 3709 of the Revsied Statutes (41 U.S.C. 5)] 
        section 6101 of title 41, United States Code, may enter 
        into such contracts, leases, cooperative agreements, or 
        other transactions, as may be necessary in the conduct 
        of the Director's functions, with any public agency, or 
        with any person, firm, association, corporation, or 
        educational institutions;

Sec. 285n(b)(9) (Public Health Service Act, Sec. 464H(b)(9))

  Sec. 464H. (a) In General.--The general purpose of the 
National Institute on Alcohol Abuse and Alcoholism (hereafter 
in this subpart referred to as the ``Institute'') is the 
conduct and support of biomedical and behavioral research, 
health services research, research training, and health 
information dissemination with respect to the prevention of 
alcohol abuse and the treatment of alcoholism.
  (b) Research Program.--

                                 * * *

          (9) enter into contracts under this title without 
        regard to [sections 3648 and 3709 of the Revised 
        Statutes (31 U.S.C. 529; 41 U.S.C. 5] section 3324(a) 
        and (b) of title 31, United States Code, and section 
        6101 of title 41, United States Code; and

Sec. 289c(2) (Public Health Service Act, Sec. 494(2))

  Sec. 494. If the Secretary determines, after consultation 
with the Director of NIH, the Commissioner of the Food and Drug 
Administration, or the Director of the Centers for Disease 
Control and Prevention, that a disease or disorder constitutes 
a public health emergency, the Secretary, acting through the 
Director of NIH--

                                 * * *

          (2) shall exercise the authority in [section 3709 of 
        the Revised Statutes (41 U.S.C. 5)] section 6101 of 
        title 41, United States Code, respecting public 
        exigencies to waive the advertising requirements of 
        such section in the case of proposals for contracts for 
        such research;

Sec. 289e(a) (Public Health Service Act, Sec. 496(a))

  Sec. 496. (a) Appropriations to carry out the purposes of 
this subchapter, unless otherwise expressly provided, may be 
expended in the District of Columbia for--

                                 * * *

          (9) all other necessary expenses in carrying out this 
        title.
Such appropriations may be expended by contract if deemed 
necessary, without regard to [section 3709 of the Revised 
Statutes (41 U.S.C. 5)] section 6101 of title 41, United States 
Code.

Sec. 290aa-3 (Public Health Service Act, Sec. 504)

SEC. 504. PEER REVIEW.
  (a) In General.--The Secretary, after consultation with the 
Administrator, shall require appropriate peer review of grants, 
cooperative agreements, and contracts to be administered 
through the agency which exceed the simple acquisition 
threshold as defined in [section 4(11) of the Office of Federal 
Procurement Policy Act] section 134 of title 41, United States 
Code.

                                 * * *

  (c) Advisory Council Review.--If the direct cost of a grant 
or cooperative agreement (described in subsection (a) of this 
section) exceeds the simple acquisition threshold as defined by 
[section 4(11) of the Office of Federal Procurement Policy Act] 
section 134 of title 41, United States Code, the Secretary may 
make such a grant or cooperative agreement only if such grant 
or cooperative agreement is recommended--

Sec. 294q(f)(3) (Patient Protection and Affordable Care Act, 
                    Sec. 5101(f)(3))

SEC. 5101. NATIONAL HEALTH CARE WORKFORCE COMMISSION.

                                 * * *

  (f) Director and Staff; Experts and Consultants.--Subject to 
such review as the Comptroller General of the United States 
determines to be necessary to ensure the efficient 
administration of the Commission, the Commission may--

                                 * * *

          (3) enter into contracts or make other arrangements, 
        as may be necessary for the conduct of the work of the 
        Commission (without regard to [section 3709 of the 
        Revised Statutes (41 U.S.C. 5)] section 6101 of title 
        41, United States Code);

Sec. 299c-4(d) (Public Health Service Act, Sec. 945(d))

SEC. 945. ADDITIONAL PROVISIONS WITH RESPECT TO GRANTS AND 
CONTRACTS.

                                 * * *

  (d) Applicability of certain provisions with respect to 
contracts.--Contracts may be entered into under this part 
without regard to [sections 3648 and 3709 of the Revised 
Statutes (31 U.S.C. 529 and 41 U.S.C. 5)] section 3324(a) and 
(b) of title 31, United States Code, and section 6101 of title 
41, United States Code.

Sec. 300c-22(d) (Public Health Service Act, Sec. 1132(d))

  Sec. 1132. (a) The Secretary may make grants to and enter 
into contracts with public and nonprofit private entities for 
projects to develop and expand, within existing facilities, 
blood-separation centers to separate and make available for 
distribution blood components to providers of blood services 
and manufacturers of blood fractions. For purposes of this 
section--

                                 * * *

  (d) Contracts may be entered into under subsection (a) of 
this section without regard to [sections 3648 and 3709 of the 
Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)] section 3324(a) 
and (b) of title 31, United States Code, and section 6101 of 
title 41, United States Code.

Sec. 300u(c) (Public Health Service Act, Sec. 1701(c))

  Sec. 1701. (a) The Secretary shall--

                                 * * *

  (c) No grant may be made or contract entered into under this 
subchapter unless an application therefor has been submitted to 
and approved by the Secretary. Such an application shall be 
submitted in such form and manner and contain such information 
as the Secretary may prescribe. Contracts may be entered into 
under this subchapter without regard to [sections 3648 and 3709 
of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)] section 
3324(a) and (b) of title 31, United States Code, and section 
6101 of title 41, United States Code.

Sec. 300cc-41(a)(6) (Public Health Service Act, Sec. 2354(a)(6))

SEC. 2354. ADDITIONAL AUTHORITIES.
  (a) In General.--In carrying out AIDS research, the Director 
of the Office--

                                 * * *

          (6) subject to section 405(b)(2) and without regard 
        to section 3324 of title 31, United States Code, and 
        [section 3709 of the Revised Statutes (41 U.S.C. 5)] 
        section 6101 of title 41, United States Code, may enter 
        into such contracts and cooperative agreements with any 
        public agency, or with any person, firm, association, 
        corporation, or educational institution, as may be 
        necessary to expedite and coordinate research relating 
        to acquired immune deficiency syndrome.

Sec. 1395b-6(d)(3) (Social Security Act, Sec. 1805(d)(3))

  Sec. 1805. (a) Establishment.--There is hereby established as 
an agency of Congress the Medicare Payment Advisory Commission 
(in this section referred to as the ``Commission'').

                                 * * *

  (d) Director and Staff; Experts and Consultants.--Subject to 
such review as the Comptroller General deems necessary to 
assure the efficient administration of the Commission, the 
Commission may--

                                 * * *

          (3) enter into contracts or make other arrangements, 
        as may be necessary for the conduct of the work of the 
        Commission (without regard to [section 3709 of the 
        Revised Statutes (41 U.S.C. 5)] section 6101 of title 
        41, United States Code);

Sec. 1395w-111(g)(1)(B)(iii) (Social Security Act, Sec. 1860D-
                    11(g)(1)(B)(iii))

  Sec. 1860D-11. (a) Establishment of PDP Regions; Service 
Areas.--

                                 * * *

  (g) Guaranteeing Access to Coverage.--
          (1) Solicitation of bids.--

                                 * * *

                  (B) Acceptance of bids.--

                                 * * *

                          (iii) Competitive procedures.--
                        Competitive procedures (as defined in 
                        [section 4(5) of the Office of Federal 
                        Procurement Policy Act (41 U.S.C. 
                        403(5)) section 132 of title 41, United 
                        States Code) shall be used to enter 
                        into a contract under this subsection. 
                        The provisions of subsection (d) of 
                        section 1874A shall apply to a contract 
                        under this section in the same manner 
                        as they apply to a contract under such 
                        section.

Sec. 1395cc-2(b)(4)(B) (Social Security Act, Sec. 1866B(b)(4)(B))

  Sec. 1866B. (a) General Administrative Authority.--

                                 * * *

  (b) Contracts for Program Administration.--

                                 * * *

          (4) Contract award, duration, and renewal.--

                                 * * *

                  (B) Noncompetitive award and renewal for 
                entities administering part A or part B 
                payments.--The Secretary may enter or renew a 
                contract under this subsection with an entity 
                described in paragraph (3)(A) without regard to 
                the requirements of [section 5] section 6101 of 
                title 41, United States Code.

Sec. 1395kk-1(b)(1)(B) (Social Security Act, Sec. 1874A(b)(1)(B))

  Sec. 1874A. (a) Authority.--

                                 * * *

  (b) Contracting Requirements.--
          (1) Use of competitive procedures.--

                                 * * *

                  (B) Renewal of contracts.--The Secretary may 
                renew a contract with a medicare administrative 
                contractor under this section from term to term 
                without regard to [section 5] section 6101 of 
                title 41 or any other provision of law 
                requiring competition, if the medicare 
                administrative contractor has met or exceeded 
                the performance requirements applicable with 
                respect to the contract and contractor, except 
                that the Secretary shall provide for the 
                application of competitive procedures under 
                such a contract not less frequently than once 
                every 5 years.

Sec. 1395aaa(a)(4) (Social Security Act, Sec. 1890(a)(4))

  Sec. 1890. (a) Contract.--

                                 * * *

          (4) Competitive procedures.--Competitive procedures 
        (as defined in [section 4(5) of the Office of Federal 
        Procurment Policy Act (41 U.S.C. 403(5))] section 132 
        of title 41, United States Code) shall be used to enter 
        into a contract under paragraph (1).

Sec. 1396(d)(3) (Social Security Act, Sec. 1900(d)(3))

  Sec. 1900. (a) Establishment.--There is hereby established 
the Medicaid and CHIP Payment and Access Commission (in this 
section referred to as ``MACPAC'').

                                 * * *

  (d) Director and Staff; Experts and Consultants.--Subject to 
such review as the Comptroller General of the United States 
deems necessary to assure the efficient administration of 
MACPAC, MACPAC may--

                                 * * *

          (3) enter into contracts or make other arrangements, 
        as may be necessary for the conduct of the work of 
        MACPAC (without regard to [section 3709 of the Revised 
        Statutes (41 U.S.C. 5)] section 6101 of title 41, 
        United States Code);

Sec. 1396a(a)(4)(D) (Social Security Act, Sec. 1902(a)(4)(D))

  Sec. 1902. (a) A State plan for medical assistance must--

                                 * * *

          (4) provide (A) such methods of administration 
        (including methods relating to the establishment and 
        maintenance of personnel standards on a merit basis, 
        except that the Secretary shall exercise no authority 
        with respect to the selection, tenure of office, and 
        compensation of any individual employed in accordance 
        with such methods, and including provision for 
        utilization of professional medical personnel in the 
        administration and, where administered locally, 
        supervision of administration of the plan) as are found 
        by the Secretary to be necessary for the proper and 
        efficient operation of the plan, (B) for the training 
        and effective use of paid subprofessional staff, with 
        particular emphasis on the full-time or part-time 
        employment of recipients and other persons of low 
        income, as community service aides, in the 
        administration of the plan and for the use of nonpaid 
        or partially paid volunteers in a social service 
        volunteer program in providing services to applicants 
        and recipients and in assisting any advisory committees 
        established by the State agency, (C) that each State or 
        local officer, employee, or independent contractor who 
        is responsible for the expenditure of substantial 
        amounts of funds under the State plan, each individual 
        who formerly was such an officer, employee, or 
        contractor, and each partner of such an officer, 
        employee, or contractor shall be prohibited from 
        committing any act, in relation to any activity under 
        the plan, the commission of which, in connection with 
        any activity concerning the United States Government, 
        by an officer or employee of the United States 
        Government, an individual who was such an officer or 
        employee, or a partner of such an officer or employee 
        is prohibited by section 207 or 208 of title 18, and 
        (D) that each State or local officer, employee, or 
        independent contractor who is responsible for 
        selecting, awarding, or otherwise obtaining items and 
        services under the State plan shall be subject to 
        safeguards against conflicts of interest that are at 
        least as stringent as the safeguards that apply under 
        [section 27 of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 423)] chapter 21 of title 41, United 
        States Code, to persons described in [subsection (a)(2) 
        of such section of that Act] section 2102(a)(3) of such 
        title;

Sec. 1396u-2(d)(3) (Social Security Act, Sec. 1932(d)(3))

  Sec. 1932. (a) State Option To Use Managed Care.--

                                 * * *

  (d) Protections Against Fraud and Abuse.--

                                 * * *

          (3) State conflict-of-interest safeguards in medicaid 
        risk contracting.--A medicaid managed care organization 
        may not enter into a contract with any State under 
        section 1903(m) unless the State has in effect 
        conflict-of-interest safeguards with respect to 
        officers and employees of the State with 
        responsibilities relating to contracts with such 
        organizations or to the default enrollment process 
        described in subsection (a)(4)(C)(ii) of this section 
        that are at least as effective as the Federal 
        safeguards provided under [section 27 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 423)] chapter 
        21 of title 41, United States Code, against conflicts 
        of interest that apply with respect to Federal 
        procurement officials with comparable responsibilities 
        with respect to such contracts.

Sec. 1480(a) (Housing Act of 1949, Sec. 510(a))

  Sec. 510. In carrying out the provisions of this title, the 
Secretary shall have the power to--
          (a) make contracts for services and supplies without 
        regard to the provisions of [section 3709 of the 
        Revised Statutes, as amended] section 6101 of title 41, 
        United States Code, when the aggregate amount involved 
        is less than $300;

Sec. 1592a(b) (Defense Housing and Community Facilities and Services 
                    Act of 1951, Sec. 302(b))

  Sec. 302. (a) Consistent with other requirements of national 
defense, any permanent housing constructed pursuant to the 
authority of this title shall consist of one- to four-family 
dwelling structures (including row houses) so arranged that 
they may be offered for separate sale. All housing of permanent 
construction which is constructed or acquired under the 
authority of this title shall be sold as expeditiously as 
possible and in the public interest taking into consideration 
the continuation of the need for such housing by persons 
engaged in national defense activities. All dwelling structures 
of permanent construction designed for occupancy by not more 
than four families (including row houses) shall be offered for 
sale, and preference in the purchase of any such dwelling 
structure shall be granted to occupants and to veterans over 
other prospective purchasers. As among veterans, preference in 
the purchase of any such dwelling structure shall be given to 
disabled veterans whose disability has been determined by the 
Secretary of Veterans Affairs to be service-connected. All 
dwelling structures of permanent construction in any housing 
project which are designed for occupancy by more than four 
families (and other structures in such project which are not 
sold separately) shall be sold as an entity. On such sales 
first preference shall be given for such period not less than 
ninety days nor more than six months from the date of the 
initial offering of such project as the Administrator may 
determine, to groups of veterans organized on a mutual 
ownership or cooperative basis (provided that any such group 
shall accept as a member of its organization, on the same 
terms, subject to the same conditions, and with the same 
privileges and responsibilities, required of, and extended to, 
other members of the group any tenant occupying a dwelling unit 
in such project, at any time during such period as the 
Administrator shall deem appropriate, starting on the date of 
the announcement by the Administrator of the availability of 
such project). The Administrator shall provide an equitable 
method of selecting the purchasers when preferred purchasers 
(or groups of preferred purchasers) in the same preference 
class or containing members in the same preference class 
compete with each other. Sales pursuant to this section shall 
be for cash or credit, upon such terms as the Administrator 
shall determine, and at the fair value of the property as 
determined by him: Provided, That full payment to the 
Government for the property sold shall be required within a 
period of not exceeding twenty-five years with interest on 
unpaid balances at not less than 4 per centum per annum.
  (b) Where it is necessary to provide housing under this title 
in locations where, in the determination of the Secretary of 
Housing and Urban Development, there appears to be no need for 
such housing beyond the period during which it is needed for 
housing persons engaged in national defense activities, the 
provisions of section 102 hereof shall not be applicable and 
temporary housing which is of a mobile or portable character or 
which is otherwise constructed so as to be available for reuse 
at other locations or existing housing built or acquired by the 
United States under authority of any other law shall be 
provided. Any temporary housing constructed or acquired under 
this title which the Secretary of Housing and Urban Development 
determines to be no longer needed for use under this title 
shall, unless transferred to the Department of Defense pursuant 
to section 306 hereof, or reported as excess to the 
Administrator of the General Services Administration pursuant 
to [the Federal Property and Administrative Services Act of 
1949, as amended] chapter 5 of title 40, United States Code, be 
sold as soon as practicable to the highest responsible bidder 
after public advertising, except that if one or more of such 
bidders is a veteran purchasing a dwelling unit for his own 
occupancy the sale of such unit shall be made to the highest 
responsible bidder who is a veteran so purchasing: Provided, 
That the Secretary of Housing and Urban Development may reject 
any bid for less than two-thirds of the appraised value as 
determined by him: Provided further, That the housing may be 
sold at fair value (as determined by the Secretary of Housing 
and Urban Development) to a public body for public use: And 
provided further, That the housing structures shall be sold for 
removal from the site, except that they may be sold for use on 
the site if the governing body of the locality has adopted a 
resolution approving use of such structures on the site.

Sec. 1592d(a) (Defense Housing and Community Facilities and Services 
                    Act of 1951, Sec. 305(a))

  Sec. 305. (a) With respect to any housing or community 
facilities or services which the Secretary of Housing and Urban 
Development is authorized to provide, or any property which he 
is authorized to acquire, under this Act, the Secretary of 
Housing and Urban Development is authorized by contract or 
otherwise (without regard to [section 3709 of the Revised 
Statutes, as amended, section 322 of the Act of June 30, 1932 
(47 Stat. 412), as amended, the Federal Property and 
Administrative Services Act of 1949m, as amended] the 
provisions referred to in section 171(b) and (c), and section 
6101, of title 41, United States Code, and prior to the 
approval of the Attorney General) * * *

Sec. 1592h(a) (Defense Housing and Community Facilities and Services 
                    Act of 1951, Sec. 309(a))

  Sec. 309. In carrying out this title--
          (a) notwithstanding any other provisions of this 
        title, so far as is consistent with emergency needs, 
        contracts shall be subject to [section 3709 of the 
        Revised Statutes] section 6101 of title 41, United 
        States Code;

Sec. 1792(a) (Federal Food Donation Act of 2008, Sec. 4(a))

SEC. 4. PROMOTING FEDERAL FOOD DONATION.
  (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Federal Acquisition Regulation 
issued in accordance with [section 25 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 421)] section 1303 of title 
41, United States Code, shall be revised to provide that all 
contracts above $25,000 for the provision, service, or sale of 
food in the United States, or for the lease or rental of 
Federal property to a private entity for events at which food 
is provided in the United States, shall include a clause that--

Sec. 1870(c) (National Science Foundation Act of 1950, Sec. 11(c))

  Sec. 11. The Foundation shall have the authority, within the 
limits of available appropriations, to do all things necessary 
to carry out the provisions of this Act, including, but without 
being limited thereto, the authority--

                                 * * *

          (c) to enter into contracts or other arrangements, or 
        modifications thereof, for the carrying on, by 
        organizations or individuals in the United States and 
        foreign countries, including other government agencies 
        of the United States and of foreign countries, of such 
        scientific or engineering activities as the Foundation 
        deems necessary to carry out the purposes of this Act, 
        and, at the request of the Secretary of State or 
        Secretary of Defense, specific scientific or 
        engineering activities in connection with matters 
        relating to international cooperation or national 
        security, and, when deemed appropriate by the 
        Foundation, such contracts or other arrangements, or 
        modifications thereof may be entered into without legal 
        consideration, without performance or other bonds, and 
        without regard to [section 3709 of the Revised 
        Statutes] section 6101 of title 41, United States Code;

Sec. 2051(c) (Atomic Energy Act of 1954, Sec. 31 c)

  Sec. 31. (a) Research Assistance.--

                                 * * *

  c. The Commission may (1) make arrangements pursuant to this 
section, without regard to the provisions of [section 3709 of 
the Revised Statutes, as amended] section 6101 of title 41, 
United States Code, upon certification by the Commission that 
such action is necessary in the interest of the common defense 
and security, or upon a showing by the Commission that 
advertising is not reasonably practicable; (2) make partial and 
advance payments under such arrangements; and (3) make 
available for use in connection therewith such of its equipment 
and facilities as it may deem desirable.

Sec. 2061(b) (Atomic Energy Act of 1954, Sec. 41 b)

  Sec. 41. Ownership and Operation of Production Facilities.--

                                 * * *

          b. Operation of the commission's production 
        facilities.--The Commission is authorized and directed 
        to produce or to provide for the production of special 
        nuclear material in its own production facilities. To 
        the extent deemed necessary, the Commission is 
        authorized to make, or to continue in effect, contracts 
        with persons obligating them to produce special nuclear 
        material in facilities owned by the Commission. The 
        Commission is also authorized to enter into research 
        and development contracts authorizing the contractor to 
        produce special nuclear material in facilities owned by 
        the Commission to the extent that the production of 
        such special nuclear material may be incident to the 
        conduct of research and development activities under 
        such contracts. Any contract entered into under this 
        section shall contain provisions (1) prohibiting the 
        contractor from subcontracting any part of the work he 
        is obligated to perform under the contract, except as 
        authorized by the Commission; and (2) obligating the 
        contractor (A) to make such reports pertaining to 
        activities under the contract to the Commission as the 
        Commission may require, (B) to submit to inspection by 
        employees of the Commission of all such activities, and 
        (C) to comply with all safety and security regulations 
        which may be prescribed by the Commission. Any contract 
        made under the provisions of this subsection may be 
        made without regard to the provisions of [section 3709 
        of the Revised Statutes, as amended] section 6101 of 
        title 41, United States Code, upon certification by the 
        Commission that such action is necessary in the 
        interest of the common defense and security, or upon a 
        showing by the Commission that advertising is not 
        reasonably practicable. Partial and advance payments 
        may be made under such contracts.

Sec. 2063 (Atomic Energy Act of 1954, Sec. 43)

  Sec. 43. Acquisition of Production Facilities.--The 
Commission is authorized to purchase any interest in facilities 
for the production of special nuclear materials, or in real 
property on which such facilities are located, without regard 
to the provisions of [section 3709 of the Revised Statutes, as 
amended] section 6101 of title 41, United States Code, upon 
certification by the Commission that such action is necessary 
in the interest of the common defense and security, or upon a 
showing by the Commission that advertising is not reasonably 
practicable. Partial and advance payments may be made under 
contracts for such purposes. The Commission is further 
authorized to requisition, condemn, or otherwise acquire any 
interest in such production facilities, or to condemn or 
otherwise acquire such real property, and just compensation 
shall be made therefor.

Sec. 2075 (Atomic Energy Act of 1954, Sec. 55)

  Sec. 55. Acquisitions.--The Commission is authorized, to the 
extent it deems necessary to effectuate the provisions of this 
Act, to purchase without regard to the limitations in section 
54 or any guaranteed purchase prices established pursuant to 
section 56, and to take, requisition, condemn, or otherwise 
acquire any special nuclear material or any interest therein. 
Any contract of purchase made under this section may be made 
without regard to the provisions of [section 3709 of the 
Revised Statutes, as amended] section 6101 of title 41, United 
States Code, upon certification by the Commission that such 
action is necessary in the interest of the common defense and 
security, or upon a showing by the Commission that advertising 
is not reasonably practicable. Partial and advance payments may 
be made under contracts for such purposes. Just compensation 
shall be made for any right, property, or interest in property 
taken, requisitioned, or condemned under this section: 
Providing, That the authority in this section to commit United 
States funds for any activities pursuant to any subsequent 
arrangement under section 131 a. (2)(E) shall be subject to the 
requirements of section 131.

Sec. 2096 (Atomic Energy Act of 1954, Sec. 66)

  Sec. 66. Acquisition.--The Commission is authorized and 
directed, to the extent it deems necessary to effectuate the 
provisions of this Act--

                                 * * *

Any purchase made under this section may be made without regard 
to the provisions of [section 3709 of the Revised Statutes, as 
amended] section 6101 of title 41, United States Code, upon 
certification by the Commission that such action is necessary 
in the interest of the common defense and security, or upon a 
showing by the Commission that advertising is not reasonably 
practicable. Partial and advanced payments may be made under 
contracts for such purposes. The Commission may establish 
guaranteed prices for all source material delivered to it 
within a specified time. Just compensation shall be made for 
any right, property, or interest in property taken, 
requisitioned, condemned, or otherwise acquired under this 
section.

Sec. 2201(j) (Atomic Energy Act of 1954, Sec. 161 j)

  Sec. 161. General Provisions.--In the performance of its 
functions the Commission is authorized to--

                                 * * *

          j. without regard to the provisions of [the Federal 
        Properoty and Administrative Services Act of 1949, as 
        amended, except section 207 of that Act] chapter 5 
        (except section 559) of title 40, United States Code, 
        or any other law, make such disposition as it may deem 
        desirable of (1) radioactive materials, and (2) any 
        other property, the special disposition of which is, in 
        the opinion of the Commission, in the interest of the 
        national security: Provided, however, That the property 
        furnished to licensees in accordance with the 
        provisions of subsection 161 m. shall not be deemed to 
        be property disposed of by the Commission pursuant to 
        this subsection;

Sec. 2210(g) (Atomic Energy Act of 1954, Sec. 170 g)

  Sec. 170. Indemnification and Limitation of Liability.--

                                 * * *

          g. Use of Services of Private Insurers.--In 
        administering the provisions of this section, the 
        Commission or the Secretary, as appropriate, shall use, 
        to the maximum extent practicable, the facilities and 
        services of private insurance organizations, and the 
        Commission or the Secretary, as appropriate, may 
        contract to pay a reasonable compensation for such 
        services. Any contract made under the provisions of 
        this subsection may be made without regard to the 
        provisions of [section 3709 of the Revised Statutes (41 
        U.S.C. 5), as amended] section 6101 of title 41, United 
        States Code, upon a showing by the Commission or the 
        Secretary, as appropriate, that advertising is not 
        reasonably practicable and advance payments may be 
        made.

Sec. 2295(e) (EURATOM Cooperation Act of 1958, Sec. 6(e))

  Sec. 6. (a) The Atomic Energy Commission is authorized to 
purchase or otherwise acquire from the Community special 
nuclear material or any interest therein from reactors 
constructed under the joint program in accordance with the 
terms of an agreement for cooperation entered into pursuant to 
the provisions of section 123 of the Atomic Energy Act of 1954, 
as amended: Provided, That neither plutonium nor uranium 233 
nor any interest therein shall be acquired under this section 
in excess of the total quantities authorized by law. The 
Commission is authorized to acquire from the Community pursuant 
to this section up to four thousand one hundred kilograms of 
plutonium for use only for peaceful purposes.

                                 * * *

  (e) Any contract made under this section may be made without 
regard to [seciton 3709 of the Revised Statutes, as amended] 
section 6101 of title 41, United States Code, upon 
certification by the Commission that such action is necessary 
in the interest of the common defense and security, or upon a 
showing by the Commission that advertising is not reasonably 
practicable.

Sec. 2310 (Atomic Energy Community Act of 1955, Sec. 116)

  Sec. 116. Repossession.--The Commission is authorized to 
repossess any property sold by it in accordance with the terms 
of any contract to purchase, mortgage or other instrument, and 
to sell or make any other disposition of any property so 
repossessed and any property purchased by it pursuant to 
section 66. Notwithstanding any other provision of law relating 
to the acquisition, handling, or disposal of real property by 
the United States, the Commission shall have power to deal 
with, complete, operate, rent, renovate, modernize, insure, or 
sell for cash or credit, in its discretion, any properties 
acquired pursuant to this chapter, and to pursue to final 
collection, by way of compromise or otherwise, all claims 
arising pursuant to this section: Provided, That expenses 
authorized by this section shall be considered 
nonadministrative expenses: Provided further, That section 3709 
of the Revised Statutes] section 6101 of title 41, United 
States Code, shall not apply to any contract entered into 
pursuant to this section if the amount thereof does not exceed 
$1,000.

Sec. 2349 (Atomic Energy Community Act of 1955, Sec. 120)

  Sec. 120. Disposal of Property.--In addition to any other 
authority the Commission may have, the Commission is 
authorized, without regard to the provisions of [section 3709 
of the Revised Statutes, as amended] section 6101 of title 41, 
United States Code, to lease land, and to sell, lease, 
including leases with options to purchase, and otherwise 
dispose of improvements thereon, and such equipment and other 
personal property as is determined to be directly related 
thereto, in the Commission's Hanford project in and near 
Richland, Washington, upon a determination by the Commission 
that such disposition will serve to prevent or reduce the 
adverse economic impact of actual or anticipated reductions in 
Commission programs in that area: Provided, however, That the 
compensation to the Government for any such disposition shall 
be the estimated fair market value or estimated fair rental 
value of the property as determined by the Commission: Provided 
further, That before the Commission makes any disposition of 
property under the authority of this section, the basis for the 
proposed disposition (with necessary background and explanatory 
data) shall be submitted to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Energy and 
Commerce of the House of Representatives, and a period of 
forty-five days shall elapse while Congress is in session (in 
computing such forty-five-days, there shall be excluded the 
days on which either House is not in session because of 
adjournment of more than three days): Provided, however, That 
those Committees, after having received the basis for the 
proposed disposition, may by resolution in writing waive the 
conditions of, or all or any portion of, such forty-five-day 
period.

Sec. 2362(d) (Atomic Energy Community Act of 1955, Sec. 62(d))

  Sec. 62. Commission Financing.--

                                 * * *

  d. The Commission may sell any notes and mortgages acquired 
under subsections a. and c. of this section on terms set by the 
Commission. Notwithstanding any other provisions of law and 
without regard to the [provisions of section 3709 of the 
Revised Statutes] provisions of section 6101 of title 41, 
United States Code, the Commission may, in accordance with such 
terms and conditions as it may prescribe, (1) enter into 
contracts for servicing any of the notes and mortgages it has 
acquired, and (2) sell or enter into contracts to sell to a 
servicer any notes and mortgages with respect to which a 
servicing contract has been entered into by the servicer with 
the Commission: Provided, That with respect to sales of notes 
and mortgages under (2) the Commission shall [comply with 
section 3709 of the Revsied Statutes] comply with section 6101 
of title 41, United States Code, unless it determines that such 
compliance would not be feasible.

Sec. 3211(c) (Public Works and Economic Development Act of 1965, 
                    Sec. 601(c))

SEC. 601. POWERS OF SECRETARY.
  (a) In General.--In carrying out the duties of the Secretary 
under this Act, the Secretary may--

                                 * * *

  (c) Inapplicability of Certain Other Requirements.--[Section 
3709 of the Revised Statutes (41 U.S.C. 5)] Section 6101 of 
title 41, United States Code, shall not apply to any contract 
of hazard insurance or to any purchase or contract for services 
or supplies on account of property obtained by the Secretary as 
a result of assistance provided under this Act if the premium 
for the insurance or the amount of the services or supplies 
does not exceed $1,000.

Sec. 3535(i)(1) (Department of Housing and Urban Development Act, 
                    Sec. 7(i)(1))

  Sec. 7. (a) The personnel employed in connection with, and 
the assets, liabilities, contracts, property, records, and 
unexpended balances of appropriations, authorizations, 
allocations, or other funds held, used, arising from, or 
available or to be made available in connection with, the 
functions, powers, and duties transferred by section 5 of this 
Act are hereby transferred with such functions, powers, and 
duties, respectively.

                                 * * *

  (i) Except as such authority is otherwise expressly provided 
in any other Act administered by the Secretary, the Secretary 
is authorized to--
          (1) foreclose on any property or commence any action 
        to protect or enforce any right conferred upon him by 
        any law, contract, or other agreement, and bid for and 
        purchase at any foreclosure or any other sale any 
        property in connection with which he has made a loan or 
        grant. In the event of any such acquisition, the 
        Secretary may, notwithstanding any other provision of 
        law relating to the acquisition, handling, or disposal 
        of real property by the United States, complete, 
        administer, remodel and convert, dispose of, lease, and 
        otherwise deal with, such property: Provided, That any 
        such acquisition of real property shall not deprive any 
        State or political subdivision thereof of its civil or 
        criminal jurisdiction in and over such property or 
        impair the civil rights under the State or local laws 
        of the inhabitants on such property: Provided further, 
        That [section 3709 of the Revised Statutes (41 U.S.C. 
        5)] section 6101 of title 41, United States Code, shall 
        not apply to any contract for services or supplies on 
        account of any property so acquired or owned if the 
        amount of such contract does not exceed $2,500;

Sec. 4081(b) (National Flood Insurance Act of 1968, Sec. 1345(b))

  Sec. 1345. (a) In administering the flood insurance program 
under this chapter, the Director is authorized to enter into 
any contracts, agreements, or other appropriate arrangements 
which may, from time to time, be necessary for the purpose of 
utilizing, on such terms and conditions as may be agreed upon, 
the facilities and services of any insurance companies or other 
insurers, insurance agents and brokers, or insurance adjustment 
organizations; and such contracts, agreements, or arrangements 
may include provision for payment of applicable operating costs 
and allowances for such facilities and services as set forth in 
the schedules prescribed under section 1311.
  (b) Any such contracts, agreements, or other arrangements may 
be entered into without regard to the provisions of [section 
3709 of the Revised Statutes (41 U.S.C. 5] section 6101 of 
title 41, United States Code, or any other provision of law 
requiring competitive bidding and without regard to the 
provisions of the Federal Advisory Committee Act (5 U.S.C. 
App.).

Sec. 4082(c) (National Flood Insurance Act of 1968, Sec. 1346(c))

  Sec. 1346. (a) In order to provide for maximum efficiency in 
the administration of the flood insurance program and in order 
to facilitate the expeditious payment of any Federal funds 
under such program, the Director may enter into contracts with 
pool formed or otherwise created under section 1331, or any 
insurance company or other private organizations, for the 
purpose of securing performance by such pool, company, or 
organization of any or all of the following responsibilities:

                                 * * *

  (c) Any contract entered into under subsection (a) may be 
entered into without regard to [section 3709 of the Revised 
Statutes (41 U.S.C. 5)] section 6101 of title 41, United States 
Code, or any other provision of law requiring competitive 
bidding.

Sec. 4101(b) (National Flood Insurance Act of 1968, Sec. 1360(b))

  Sec. 1360. (a) The Director is authorized to consult with, 
receive information from, and enter into any agreements or 
other arrangements with the Secretaries of the Army, the 
Interior, Agriculture, and Commerce, the Tennessee Valley 
Authority, and the heads of other Federal departments or 
agencies, on a reimbursement basis, or with the head of any 
State or local agency, or enter into contracts with any persons 
or private firms, in order that he may--

                                 * * *

  (b) The Director is directed to accelerate the identification 
of risk zones within flood-prone and mudslide-prone areas, as 
provided by subsection (a)(2) of this section, in order to make 
known the degree of hazard within each such zone at the 
earliest possible date. To accomplish this objective, the 
Director is authorized, without regard to subsections (a) and 
(b) of section 3324 of title 31, United States Code, and 
[section 3709 of the Revised Statutes (41 U.S.C. 5)] section 
6101 of title 41, United States Code, to make grants, provide 
technical assistance, and enter into contracts, cooperative 
agreements, or other transactions, on such terms as he may deem 
appropriate, or consent to modifications thereof, and to make 
advance or progress payments in connection therewith.

Sec. 4361c note (Departments of Veterans Affairs and Housing and Urban 
                    Development, and Independent Agencies 
                    Appropriations Act, 2003, div. K, title III, 
                    proviso under heading ``science and technology'' 
                    under heading ``ENVIRONMENTAL PROTECTION AGENCY'')

That the Office of Research and Development of the 
Environmental Protection Agency may hereafter contract directly 
with individuals or indirectly with institutions or nonprofit 
organizations, without regard to [41 U.S.C. 5] section 6101, 
United States Code, for the temporary or intermittent personal 
services of students or recent graduates, who shall be 
considered employees for the purposes of chapters 57 and 81 of 
title 5, United States Code, relating to compensation for 
travel and work injuries, and chapter 171 of title 28, United 
States Code, relating to tort claims, but shall not be 
considered to be Federal employees for any other purposes.

Sec. 4372(e) (Environmental Quality Improvement Act of 1970, 
                    Sec. 203(e))

  Sec. 203. (a) There is established in the Executive Office of 
the President an office to be known as the Office of 
Environmental Quality (hereafter in this title referred to as 
the ``Office''). The Chairman of the Council on Environmental 
Quality established by Public Law 91-190 shall be the Director 
of the Office. There shall be in the Office a Deputy Director 
who shall be appointed by the President, by and with the advice 
and consent of the Senate.

                                 * * *

  (e) The Director is authorized to contract with public or 
private agencies, institutions, and organizations and with 
individuals without regard to [sections 3648 and 3709 of the 
Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)] section 3324(a) 
and (b) of title 31, United States Code, and section 6101 of 
title 41, United States Code, in carrying out his functions.

Sec. 4638 (Uniform Relocation Assistance and Real Property Acquisition 
                    Policies Act of 1970, Sec. 218)

  Sec. 218. The Administrator of General Services is authorized 
to transfer to a State agency for the purpose of providing 
replacement housing required by this title, any real property 
surplus to the needs of the United States within the meaning of 
[the Federal Property and Administrative Services Act of 1949, 
as amended] chapter 5 of title 40, United States Code. Such 
transfer shall be subject to such terms and conditions as the 
Administrator determines necessary to protect the interests of 
the United States and may be made without monetary 
consideration, except that such State agency shall pay to the 
United States all net amounts received by such agency from any 
sale, lease, or other disposition of such property for such 
housing.

Sec. 5196(k) (Robert T. Stafford Disaster Relief and Emergency 
                    Assistance Act, Sec. 611(k))

SEC. 611. DETAILED FUNCTIONS OF ADMINSTRATION.
  (a) In General.--In order to carry out the policy described 
in section 601, the Administrator shall have the authorities 
provided in this section.

                                 * * *

  (k) Sale or Disposal of Certain Materials and Facilities.--
The Administrator may arrange for the sale or disposal of 
materials and facilities found by the Administrator to be 
unnecessary or unsuitable for emergency preparedness purposes 
in the same manner as provided for excess property under [the 
Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 471 et seq.) chapter 5 of title 40, United States Code. 
Any funds received as proceeds from the sale or other 
disposition of such materials and facilities shall be deposited 
into the Treasury as miscellaneous receipts.

Sec. 5206(a) (Disaster Mitigation Act of 2000, Sec. 306(a))

SEC. 306. BUY AMERICAN.
  (a) Compliance with [Buy American Act] Chapter 83 of Title 
41, United States Code.--No funds authorized to be appropriated 
under this Act or any amendment made by this Act may be 
expended by an entity unless the entity, in expending the 
funds, complies with [the Buy American Act] chapter 83 of title 
41, United States Code.

Sec. 5403(a)(2)(B) (National Manufactured Housing Construction and 
                    Safety Standards Act of 1974, Sec. 604(a)(2)(B))

SEC. 604. FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY 
STANDARDS.
  (a) Establishment.--

                                 * * *

          (2) Consensus standards and regulatory development 
        process.--

                                 * * *

                  (B) Competitively procured contract.--Upon 
                the expiration of the 4-year period beginning 
                on the date on which all members of the 
                consensus committee are appointed under 
                paragraph (3), the Secretary shall, using 
                competitive procedures (as such term is defined 
                in [section 4 of the Office of Federal 
                Procurement Policy Act] section 132 of title 
                41, United States Code), enter into a 
                competitively awarded contract with an 
                administering organization. The administering 
                organization shall administer the consensus 
                process for the development and interpretation 
                of the Federal standards, the procedural and 
                enforcement regulations, and regulations 
                specifying the permissible scope and conduct of 
                monitoring, in accordance with this title.

Sec. 5903 note (Public Law 95-39, Sec. 111(b))

  Sec. 111. (a) The Administrator shall classify each recipient 
of any award, contract, or other financial arrangement in any 
nonnuclear research, development, or demonstration category 
as--

                                 * * *

  (b) The information required by subsection (a), along with 
the dollar amount of each award, contract, or other financial 
arrangement made, shall be included as an appendix to the 
annual report required by section 15(a) of the Federal 
Nonnuclear Energy Research and Development Act of 1974 (42 
U.S.C. 5914): Provided, That small purchases or contracts of 
less than [$10,000] $25,000, [which are excepted from the 
requirements of advertising by section 252(c)(3) of title 41, 
United States Code,] shall be exempt from the reporting 
requirements of this section.

Sec. 6616(c)(3) (Presidential Science and Technology Advisory 
                    Organization Act of 1976, Sec. 207(c)(3))

  Sec. 207. (a) The Director shall, in addition to the other 
duties and functions set forth in this title--

                                 * * *

  (c) In carrying out his functions under this Act, the 
Director is authorized to--

                                 * * *

          (3) enter into contracts and other arrangements for 
        studies, analyses, and other services with public 
        agencies and with private persons, organizations, or 
        institutions, and make such payments as he deems 
        necessary to carry out the provisions of this chapter 
        without legal consideration, without performance bonds, 
        and without regard to [section 3709 of the Revised 
        Statutes (41 U.S.C. 5)] section 6101 of title 41, 
        United States Code.

Sec. 6834 note (Energy Independence and Security Act of 2007, 
                    Sec. 433(c))

SEC. 433. FEDERAL BUILDING ENERGY EFFICIENT PERFORMANCE 
STANDARDS.

                                 * * *

  (c) Revision of Federal Acquisition Regulation.--Not later 
than 2 years after the date of the enactment of this Act, the 
Federal Acquisition Regulation shall be revised to require 
Federal officers and employees to comply with this section and 
the amendments made by this section in the acquisition, 
construction, or major renovation of any facility. The members 
of the Federal Acquisition Regulatory Council (established 
under [section 25 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 421)] section 1302 of title 41, United States 
Code) shall consult with the Federal Director and the 
Commercial Director before promulgating regulations to carry 
out this subsection.

Sec. 7135 note (Department of the Interior and Related Agencies 
                    Appropriations Act, 1996, title II, first proviso 
                    in paragraph under heading ``energy information 
                    administration'' under heading ``DEPARTMENT OF 
                    ENERGY'')

That notwithstanding [section 4(d) of the Service Contract Act 
of 1965 (41 U.S.C. 353(d))] section 6707(d) of title 41, United 
States Code, or any other provision of law, funds appropriated 
under this heading hereafter may be used to enter into a 
contract for end use consumption surveys for a term not to 
exceed eight years: Provided further, That notwithstanding any 
other provision of law, hereafter the Manufacturing Energy 
Consumption Survey shall be conducted on a triennial basis.

Sec. 7152 note (Alaska Power Administration Asset Sale and Termination 
                    Act, Sec. 104(i))

SEC. 104. EXEMPTION AND OTHER PROVISIONS.

                                 * * *

  (i) Disposal.--The sales of Eklutna and Snettisham under this 
title are not considered disposal of Federal surplus property 
under [the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 484)] sections 541 through 555 of title 40, 
United States Code, or the Act of October 3, 1944, popularly 
referred to as the `Surplus Property Act of 1944' (50 U.S.C. 
App. 1622).

Sec. 7403(b)(4) (Clean Air Act, Sec. 103(b)(4))

  Sec. 103. (a) The Administrator shall establish a national 
research and development program for the prevention and control 
of air pollution and as part of such program shall--

                                 * * *

  (b) In carrying out the provisions of the preceding 
subsection the Administrator is authorized to--

                                 * * *

          (4) contract with public or private agencies, 
        institutions, and organizations, and with individuals, 
        without regard to [sections 3648 and 3709 of the 
        Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)] section 
        3324(a) and (b) of title 31, United States Code, and 
        section 6101 of title 41, United States Code;

Sec. 7404(a)(2)(D)) (Clean Air Act, Sec. 104(a)(2)(D))

  Sec. 104. (a) The Administrator shall give special emphasis 
to research and development into new and improved methods, 
having industry-wide application, for the prevention and 
control of air pollution resulting from the combustion of 
fuels. In furtherance of such research and development he 
shall--

                                 * * *

          (2) provide for Federal grants to public or nonprofit 
        agencies, institutions, and organizations and to 
        individuals, and contracts with public or private 
        agencies, institutions, or persons, for payment of (A) 
        part of the cost of acquiring, constructing, or 
        otherwise securing for research and development 
        purposes, new or improved devices or methods having 
        industrywide application of preventing or controlling 
        discharges into the air of various types of pollutants; 
        (B) part of the cost of programs to develop low 
        emission alternatives to the present internal 
        combustion engine; (C) the cost to purchase vehicles 
        and vehicle engines, or portions thereof, for research, 
        development, and testing purposes; and (D) carrying out 
        the other provisions of this section, without regard to 
        [sections 3648 and 3709 of the Revised Statutes (31 
        U.S.C. 529; 41 U.S.C. 5)] section 3324(a) and (b) of 
        title 31, United States Code, and section 6101 of title 
        41, United States Code: Provided, That research or 
        demonstration contracts awarded pursuant to this 
        subsection (including contracts for construction) may 
        be made in accordance with, and subject to the 
        limitations provided with respect to research contracts 
        of the military departments in, section 2353 of title 
        10, except that the determination, approval, and 
        certification required thereby shall be made by the 
        Administrator; Provided further, That no grant may be 
        made under this paragraph in excess of $1,500,000;

Sec. 7412(r)(6)(N) (Clean Air Act, Sec. 112(r)(6)(N))

SEC. 112. HAZARDOUS AIR POLLUTANTS.

                                 * * *

  (r) Prevention of Accidental Releases.--

                                 * * *

          (6) Chemical safety board.--

                                 * * *

                  (N) The Board is authorized to establish such 
                procedural and administrative rules as are 
                necessary to the exercise of its functions and 
                duties. The Board is authorized without regard 
                to [section 5] section 6101 of title 41 of the 
                United States Code to enter into contracts, 
                leases, cooperative agreements or other 
                transactions as may be necessary in the conduct 
                of the duties and functions of the Board with 
                any other agency, institution, or person.

Sec. 8287 (National Energy Conservation Policy Act, Sec. 801)

SEC. 801. AUTHORITY TO ENTER INTO CONTRACTS.
  (a) In General.--(1) The head of a Federal agency may enter 
into contracts under this title solely for the purpose of 
achieving energy savings and benefits ancillary to that 
purpose. Each such contract may, notwithstanding any other 
provision of law, be for a period not to exceed 25 years. Such 
contract shall provide that the contractor shall incur costs of 
implementing energy savings measures, including at least the 
costs (if any) incurred in making energy audits, acquiring and 
installing equipment, and training personnel, in exchange for a 
share of any energy savings directly resulting from 
implementation of such measures during the term of the 
contract.
  (2)(A) Contracts under this title shall be energy savings 
performance contracts and shall require an annual energy audit 
and specify the terms and conditions of any Government payments 
and performance guarantees. Any such performance guarantee 
shall provide that the contractor is responsible for 
maintenance and repair services for any energy related 
equipment, including computer software systems.

                                 * * *

  (D) A Federal agency may enter into a multiyear contract 
under this title for a period not to exceed 25 years beginning 
on the date of the delivery order, without funding of 
cancellation charges before cancellation, if--

                                 * * *

          (iii) such contract is governed by part 17.1 of the 
        Federal Acquisition Regulation promulgated under 
        [section 25 of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 421)] section 1303 of title 41, United 
        States Code, or the applicable rules promulgated under 
        this title.

                                 * * *

  (b) Implementation.--(1)(A) The Secretary, with the 
concurrence of the Federal Acquisition Regulatory Council 
established under [section 25(a) of the Office of Federal 
Procurement Policy Act] section 1302(a) of title 41, United 
States Code, not later than 180 days after the date of the 
enactment of the Energy Policy Act of 1992, shall, by rule, 
establish appropriate procedures and methods for use by Federal 
agencies to select, monitor, and terminate contracts with 
energy service contractors in accordance with laws governing 
Federal procurement that will achieve the intent of this 
section in a cost-effective manner. In developing such 
procedures and methods, the Secretary, with the concurrence of 
the Federal Acquisition Regulatory Council, shall determine 
which existing regulations are inconsistent with the intent of 
this section and shall formulate substitute regulations 
consistent with laws governing Federal procurement.

                                 * * *

  (c) Task or Delivery orders.--(1) The head of a Federal 
agency may issue a task or delivery order under an energy 
savings performance contract by--

                                 * * *

  (2) The issuance of a task or delivery order for energy 
savings performance contracting services pursuant to paragraph 
(1) is deemed to satisfy the task and delivery order 
competition requirements in section 2304c(d) of title 10, 
United States Code, and [section 303J9(d) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 
253j(d))] section 4106(d) of title 41, United States Code.

Sec. 9619(c)(3) (Comprehensive Environmental Response, Compensation, 
                    and Liability Act of 1980, Sec. 119(c)(3))

SEC. 119. RESPONSE ACTION CONTRACTORS.

                                 * * *

  (c) Indemnification.--

                                 * * *

          (3) Source of funding.--This subsection shall not be 
        subject to section 1301 or 1341 of title 31 of the 
        United States Code or [section 3732 of the Revised 
        Statutes (41 U.S.C. 11)] section 6301(a) and (b) of 
        title 41 of the United States Code or to section 3 of 
        the Superfund Amendments and Reauthorization Act of 
        1986. For purposes of section 111, amounts expended 
        pursuant to this subsection for indemnification of any 
        response action contractor (except with respect to 
        federally owned or operated facilities) shall be 
        considered governmental response costs incurred 
        pursuant to section 104. If sufficient funds are 
        unavailable in the Hazardous Substance Superfund 
        established under subchapter A of chapter 98 of the 
        Internal Revenue Code of 1986 to make payments pursuant 
        to such indemnification or if the Fund is repealed, 
        there are authorized to be appropriated such amounts as 
        may be necessary to make such payments.

Sec. 10301 note (Public Law 95-84, Sec. 2(a))

  Sec. 2. (a) The Secretary of the Interior is authorized and 
directed to demonstrate the engineering and economic viability 
of membrane and phase-change desalting processes. Such 
demonstrations shall include the study, design, construction, 
operation, and maintenance of desalting plants at locations in 
the United States (which may include the District of Columbia, 
the Commonwealth of Puerto Rico, American Samoa, Guam, the 
Virgin Islands, the Mariana Islands, and the Trust Territory of 
the Pacific Islands): Provided, That at least two such plants 
shall demonstrate desalting of brackish ground water: And 
provided further, That the plants constructed pursuant to this 
section shall be for the purpose of showing that the technology 
being demonstrated is ready for application; such plants shall 
be sufficient to demonstrate the specific application of the 
technology, and shall be significantly different in operation 
and process so as not to duplicate any other demonstration 
plant constructed pursuant to this section. The Secretary is 
further authorized to conduct such demonstrations or any 
portion thereof by means of cooperative agreements (as defined 
and authorized by [41 U.S.C. 504 et seq. (the Federal Grant and 
Cooperative Agreement Act of 1977; Public Law 95-224)] chapter 
6301 of title 31, United States Code) with duly authorized non-
Federal public entities. Title to demonstration facilities 
constructed by the non-Federal public entity under a 
cooperative agreement shall vest in the non-Federal public 
entity.

Sec. 10303(h)(1)(C) (Water Resources Research Act of 1984, 
                    Sec. 104(h)(1)(C))

  Sec. 104. (a) Subject to the approval of the Secretary of the 
Interior (hereafter in this chapter referred to as the 
``Secretary'') under this section, one water resources research 
and technology institute, center, or equivalent agency 
(hereafter in this Act referred to as the ``institute'') may be 
established in each State (as used in this Act, the term 
``State'' includes the Commonwealth of Puerto Rico, the 
District of Columbia, the Virgin Islands, Guam, American Samoa, 
the Commonwealth of the Mariana Islands and the Federated 
States of Micronesia) at a college or university which was 
established in accordance with the Act approved July 2, 1862 
(12 Stat. 503; 7 U.S.C. 301ff), entitled ``An Act donating 
public lands to the several States and territories which may 
provide colleges for the benefit of agriculture and the 
mechanic arts'' or at some other institution designated by act 
of the legislature of the State concerned. If there is more 
than one such college or university in a State established in 
accordance with such Act of July 2, 1862, the institute in such 
State shall, in the absence of a designation to the contrary by 
act of the legislature of the State, be established at the one 
such college or university designated by the Governor of the 
State. Two or more States may cooperate in the establishment of 
a single institute or regional institute, in which event the 
sums otherwise allocated to institutes in each of the 
cooperating States shall be paid to such single or regional 
institute.

                                 * * *

  (h) Coordination.--
          (1) In general.--To carry out this Act, the 
        Secretary--

                                 * * *

                  (C) may enter into contracts, cooperative 
                agreements, and other transactions without 
                regard to [section 3709 of the Revised Statutes 
                (41 U.S.C. 5)] section 6101 of title 41;

Sec. 12114(c)(3) (Americans with Disabilities Act of 1990, 
                    Sec. 104(c)(3))

SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL.

                                 * * *

  (c) Authority of Covered Entity.--A covered entity--

                                 * * *

          (3) may require that employees behave in conformance 
        with the requirements established under [the Drug-Free 
        Workplace Act of 1988 (41 U.S.C. 701 et seq.)] chapter 
        81 of title 41, United States Code;

Sec. 12501 note (National and Community Service Trust Act of 1993, 
                    Sec. 501)

SEC. 501. COMPLIANCE WITH [BUY AMERICAN ACT] CHAPTER 83 OF 
TITLE 41, UNITED STATES CODE.
  No funds appropriated pursuant to this Act (including the 
amendments made by this Act) may be expended by an entity 
unless the entity agrees that in expending the assistance the 
entity will comply with [sections 2 through 4 of the Act of 
March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'') chapter 83 of title 41, United States Code.

Sec. 12644 (National and Community Service Trust Act of 1990, Sec. 184)

SEC. 184. DRUG-FREE WORKPLACE REQUIREMENTS.
  All programs receiving grants under this title shall be 
subject to the Drug-Free Workplace Requirements for Federal 
Grant Recipients under [sections 5153 through 5158 of the Anti-
Drug Abuse Act of 1988 (41 U.S.C. 702-707) sections 8101 and 
8103 through 8106 of title 41, United States Code.

Sec. 12651g(b) (National and Community Service Act of 1990, 
                    Sec. 196(b))

SEC. 196. ADMINISTRATION.

                                 * * *

  (b) Contracts.--Subject to the [Federal Property and 
Administrative Services Act of 1949] provisions of sections 
171(b) and (c) of title 41, United States Code, the Corporation 
may enter into contracts, and cooperative and interagency 
agreements, with Federal and State agencies, private firms, 
institutions, and individuals to conduct activities necessary 
to assist the Corporation in carrying out the duties of the 
Corporation under the national service laws.

Sec. 12701 notes (Departments of Veterans Affairs and Housing and Urban 
                    Development, and Independent Agencies 
                    Appropriations Act, 2000, Sec. Sec. 206(e)(7), 
                    525(e)(7))

  Sec. 206. (a) Establishment.--There is hereby established a 
commission to be known as the Millennial Housing Commission (in 
this section referred to as the ``Commission'').

                                 * * *

  (e) Powers.--

                                 * * *

          (7) Contract Authority.--The Commission may contract 
        with and compensate Government and private agencies or 
        persons for services, without regard to [section 3709 
        of the Revised Statutes (41 U.S.C. 5)] section 6101 of 
        title 41, United States Code.

                                 * * *

SEC. 525. COMMISSION ON AFFAORDABLE HOUSING AND HEALTH FACILITY 
NEEDS FOR SENIORS IN THE 21ST CENTURY.

                                 * * *

  (e) Powers.--

                                 * * *

          (7) Contract authority.--The Commission may contract 
        with and compensate Government and private agencies or 
        persons for services, without regard to [section 3709 
        of the Revised Statutes (41 U.S.C. 5)] section 6101 of 
        title 41, United States Code.

Sec. 13556(a) (Energy Policy Act of 1992, Sec. 3021(a))

SEC. 3021. DISADVANTAGED BUSINESS ENTERPRISES.
  (a) General Rule.--To the extent practicable, the head of 
each agency shall provide that the obligation of not less than 
10 percent of the total combined amounts obligated for 
contracts and subcontracts by each agency under this Act and 
amendments made by this Act pursuant to competitive procedures 
within the meaning of either the [Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)] 
provisions of section 171(b) and (c) of title 41, United States 
Code, or chapter 137 of title 10, United States Code, shall be 
expended either with--

Sec. 15325(e) (Help America Vote Act of 2002, Sec. 205(e))

SEC. 205. POWERS.

                                 * * *

  (e) Contracts.--The Commission may contract with and 
compensate persons and Federal agencies for supplies and 
services without regard to [section 3709 of the Revised 
Statutes (41 U.S.C. 5) section 6101 of title 41, United States 
Code.

Sec. 16392(e)(3)(C) (Energy Policy Act of 2005, Sec. 1002(e)(3)(C))

SEC. 1002. TECHNOLOGY INFRASTRUCTURE PROGRAM.

                                 * * *

  (e) Program Requirements.--

                                 * * *

          (3) Cost-sharing.--

                                 * * *

                  (C) Research and development expenses.--
                Independent research and development expenses 
                of Government contractors that qualify for 
                reimbursement under section 31.205-18(e) of 
                title 48, Code of Federal Regulations, issued 
                pursuant to [section 25(c)(1) of the Office of 
                Federal Procurement Policy Act (41 U.S.C. 
                421(c)(1)))] section 1303(a)(1) of title 41, 
                United States Code, may be credited towards 
                costs paid by non-Federal sources to a project, 
                if the expenses meet the other requirements of 
                this section.

Sec. 17013(j)(3) (Energy Independence and Security Act of 2007, 
                    Sec. 136(j)(3))

SEC. 136. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE 
PROGRAM.

                                 * * *

  (j) Appointment and Pay of Personnel.--(1) The Secretary may 
use direct hiring authority pursuant to section 3304(a)(3) of 
title 5, United States Code, to appoint such professional and 
administrative personnel as the Secretary deems necessary to 
the discharge of the Secretary's functions under this section.

                                 * * *

  (3) The Secretary may retain such consultants as the 
Secretary deems necessary to the discharge of the functions 
required by this section, pursuant to [section 31 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 421(e)(1))] 
section 1901 of title 41, United States Code.

Sec. 17091(c) (Energy Independence and Security Act of 2007, 
                    Sec. 435(c))

SEC. 435. LEASING.

                                 * * *

  (c) Revision of Federal Acquisition Regulation.--
          (1) In general.--Not later than 3 years after the 
        date of the enactment of this Act, the Federal 
        Acquisition Regulation described in [section 6(a) of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 
        405(a))] section 1121(b) and (c)(1) of title 41, United 
        States Code, shall be revised to require Federal 
        officers and employees to comply with this section in 
        leasing buildings.
          (2) Consultation.--The members of the Federal 
        Acquisition Regulatory Council established under 
        [section 25 of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 421)] section 1302(a) of title 41, 
        United States Code, shall consult with the Federal 
        Director and the Commercial Director before 
        promulgating regulations to carry out this subsection.

Sec. 18054(a)(1) (Patient Protection and Affordable Care Act, 
                    Sec. 1334(a)(1))

SEC. 1334. MULTI-STATE PLANS.
  (a) Oversight by the Office of Personnel Managemen.--
          (1) In general.--The Director of the Office of 
        Personnel Management (referred to in this section as 
        the ``Director'') shall enter into contracts with 
        health insurance issuers (which may include a group of 
        health insurance issuers affiliated either by common 
        ownership and control or by the common use of a 
        nationally licensed service mark), without regard to 
        [section 5] section 6101 of title 41 or other statutes 
        requiring competitive bidding, to offer at least 2 
        multi-State qualified health plans through each 
        Exchange in each State. Such plans shall provide 
        individual, or in the case of small employers, group 
        coverage.

                         TITLE 43--PUBLIC LANDS

Sec. 50d (Department of the Interior and Related Agencies 
                    Appropriations Act, 2000, title I, last proviso in 
                    paragraph under heading ``administrative 
                    provisions'' under heading ``UNITED STATES 
                    GEOLOGICAL SURVEY'')

That the United States Geological Survey may hereafter contract 
directly with individuals or indirectly with institutions or 
nonprofit organizations, without regard to [41 U.S.C. 5] 
section 6101 of title 41, United States Code, for the temporary 
or intermittent services of students or recent graduates, who 
shall be considered employees for the purposes of chapters 57 
and 81 of title 5, United States Code, relating to compensation 
for travel and work injuries, and chapter 171 of title 28, 
United States Code, relating to tort claims, but shall not be 
considered to be Federal employees for any other purposes.

Sec. 1451 note (Department of the Interior and Related Agencies 
                    Appropriations Act, 2000, Sec. 115)

  Sec. 115. Notwithstanding any other provision of law, in 
fiscal year 2000 and thereafter, the Secretary is authorized to 
permit persons, firms or organizations engaged in commercial, 
cultural, educational, or recreational activities (as defined 
in section 612a of title 40, United States Code) not currently 
occupying such space to use courtyards, auditoriums, meeting 
rooms, and other space of the main and south Interior building 
complex, Washington, D.C., the maintenance, operation, and 
protection of which has been delegated to the Secretary from 
the Administrator of General Services pursuant to the [Federal 
Property and Administrative Services Act of 1949] provisions of 
section 171(b) and (c) of title 41, United States Code, and to 
assess reasonable charges therefore, subject to such procedures 
as the Secretary deems appropriate for such uses. Charges may 
be for the space, utilities, maintenance, repair, and other 
services. Charges for such space and services may be at rates 
equivalent to the prevailing commercial rate for comparable 
space and services devoted to a similar purpose in the vicinity 
of the main and south Interior building complex, Washington, 
D.C., for which charges are being assessed. The Secretary may 
without further appropriation hold, administer, and use such 
proceeds within the Departmental Management Working Capital 
Fund to offset the operation of the buildings under his 
jurisdiction, whether delegated or otherwise, and for related 
purposes, until expended.

Sec. 1475a (Energy and Water Development Appropriations Act, 1993, 
                    Sec. 205)

  Sec. 205. Hereafter, the Bureau of Reclamation may invite 
non-Federal entities involved in cost sharing arrangements for 
the development of water projects to participate in contract 
negotiation and source selection proceedings without invoking 
provisions of the Federal Advisory Committee Act (5 U.S.C. 
Appendix (1988)): Provided, That such non-Federal participants 
shall be subject to the provisions of [the Federal Procurement 
Integrity Act (41 U.S.C. 423 (1988))] chapter 21 of title 41, 
United States Code, and to the conflict of interest provisions 
appearing at 18 U.S.C. 201 et seq. (1988).

Sec. 1611 note (Public Law 94-204, Sec. 12(b)(7)(v))

  Sec. 12. (a) The purpose of this section is to provide for 
the settlement of certain claims, and in so doing to 
consolidate ownership among the United States, the Cook Inlet 
Region Incorporated (hereinafter in this section referred to as 
the `Region'), and the State of Alaska, within the Cook Inlet 
area of Alaska in order to facilitate land management and to 
create land ownership patterns which encourage settlement and 
development in appropriate areas. The provisions of this 
section shall take effect at such time as all of the following 
have taken place:

                                 * * *

  (b) The Secretary shall make the following conveyances to the 
Region, in accordance with the specific terms, conditions, 
procedures, covenants, reservations, and other restrictions set 
forth in the document entitled `Terms and Conditions for Land 
Consolidation and Management in Cook Inlet Area', which was 
submitted to the House Committee on Interior and Insular 
Affairs on December 10, 1975, and clarified on August 31, 1976, 
the terms of which, as clarified, are hereby incorporated 
herein and ratified as to the duties and obligations of the 
United States and the Region, as a matter of Federal law.

                                 * * *

          (7)(i) Until the obligations of the Secretary and the 
        Administrator of General Services under section 
        12(b)(5) and (6) of this Act are otherwise fulfilled: 
        (a) Cook Inlet Region, Incorporated, may, by using the 
        account established in subsection 12(b)(7)(iv), bid, as 
        any other bidder for property as defined in subsection 
        12(b)(7)(vii),, wherever located, in accordance with 
        the applicable laws and regulations of the Federal 
        agency or instrumentality offering such property for 
        sale. No preference right of any type will be offered 
        to Cook Inlet Region Incorporated, for bidding on 
        property under this section 12(b)(7). There shall be no 
        advertising other than that ordinarily required by such 
        sale. (b) the Administrator of General Services may, at 
        the discretion of the Administrator, tender to the 
        Secretary any surplus property otherwise to be disposed 
        of pursuant to 40 U.S.C. 484(e)(3) to be offered Cook 
        Inlet Region, Incorporated for a period of 90 days so 
        as to aid in the fulfillment of the Secretary's program 
        purposes under the Alaska Native Claims Settlement Act: 
        Provided, That nothing in these subsections 
        12(b)(7)(i)(b) or (ii) shall be construed to establish, 
        enlarge or diminish authority of the Administrator or 
        the Secretary within the State of Alaska. Prior to any 
        disposition under subsection 12(b)(7)(i)(b) of this 
        note], the Administrator shall notify the governing 
        body of the locality where such property is located and 
        any appropriate state agency, and no such disposition 
        shall be made if such governing body or state agency, 
        within ninety days of such notification formally 
        advises the Administrator that it objects to the 
        proposed disposition.

                                 * * *

          (v) The amount charged against the Treasury account 
        established under subsection 12(b)(7)(iv) for sales or 
        transfers of property made pursuant to [the Federal 
        Property and Administrative Services Act of 1949, 40 
        U.S.C. sec. 471 et seq.] chapter 5 of title 40, United 
        States Code, or any legislative or executive delegation 
        under [that Act] that chapter, shall be treated as 
        proceeds of dispositions of surplus property for the 
        purpose of determining the basis for calculating direct 
        expenses pursuant to [40 U.S.C. 485(b), as amended] 40 
        U.S.C. 572(a).

Sec. 1736(a) (Federal Land Policy and Management Act of 1976, 
                    Sec. 306(a))

  Sec. 306. (a) There is hereby established a working capital 
fund for the management of the public lands. This fund shall be 
available without fiscal year limitation for expenses necessary 
for furnishing, in accordance with the [Federal Property and 
Administrative Services Act of 1949 (63 Stat. 377, as amended)] 
provisions of section 171(b) and (c) of title 41, United States 
Code, and regulations promulgated thereunder, supplies and 
equipment services in support of Bureau programs, including but 
not limited to, the purchase or construction of storage 
facilities, equipment yards, and related improvements and the 
purchase, lease, or rent of motor vehicles, aircraft, heavy 
equipment, and fire control and other resource management 
equipment within the limitations set forth in appropriations 
made to the Secretary for the Bureau.

                TITLE 44--PUBLIC PRINTING AND DOCUMENTS

The analysis for chapter 3

                  CHAPTER 3--GOVERMENT PRINTING OFFICE

Sec.

                                  * * *

311.  Purchases exempt from subtitle I of title 40 and [division C 
          (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of 
          subtitle I] the provisions referred to in section 171(c) of 
          title 41; contract negotiation authority; small purchase 
          threshold.

Sec. 311

Sec. 311. Purchases exempt from subtitle I of title 40 and [division C 
                    (except sections 3302, 3501(b), 3509, 3906, 4710, 
                    and 4711) of subtitle I] the provisions referred to 
                    in section 171(c) of title 41; contract negotiation 
                    authority; small purchase threshold

  (a) Purchases may be made from appropriations under the 
``Government Printing Office'' without reference to subtitle I 
of title 40 and [division C (except sections 3302, 3501(b), 
3509, 3906, 4710, and 4711) of subtitle I] the provisions 
referred to in section 171(c) of title 41 concerning purchases 
for the Federal Government.

                                 * * *

  (c) Notwithstanding any other provision of law, [section 
6101(b) to (d)] section 6101 of title 41 shall apply with 
respect to purchases and contracts for the Government Printing 
Office as if the reference to ``$25,000'' in clause (1) of such 
section were a reference to ``$100,000''.

Sec. 3501 note (E-Government Act of 2002, Sec. 210(i))

SEC. 210. SHARE-IN SAVINGS INITIATIVES.

                                 * * *

  (i) Definitions.--In this section, the terms ``contractor'', 
``savings'', and ``share-in-savings contract'' have the 
meanings given those terms in section 317 of the Federal 
Property and Administrative Services Act of 1949 [(as added by 
subsection (b))] (41 U.S.C. note preceding 3901, United States 
Code).

                          TITLE 45--RAILROADS

Sec. 361(c) (Railroad Unemployment Insurance Act, Sec. 11(c))

  Sec. 11. (a) The Secretary of the Treasury shall maintain in 
the unemployment trust fund established pursuant to section 904 
of the Social Security Act an account to be known as the 
railroad unemployment insurance administration fund. This 
unemployment insurance administration fund shall consist of (i) 
such part of all contributions collected pursuant to section 8 
of this Act as equals 0.65 per centum of the total compensation 
on which such contributions are based; (ii) all amounts 
advanced to the fund by the Secretary of the Treasury pursuant 
to this section; (iii) all amounts appropriated by subsection 
(b) of this section; and (iv) such additional amounts as 
Congress may appropriate for expenses necessary or incidental 
to administering this Act. Such additional amounts are 
authorized to be appropriated.

                                 * * *

  (c) Notwithstanding any other provision of law, all moneys at 
any time credited to the fund are permanently appropriated to 
the Board to be continuously available to the Board without 
further appropriation for any expenses necessary or incidental 
to administering this Act, including personal services in the 
District of Columbia and elsewhere; travel expenses, including 
expenses of attendance at meetings when authorized by the 
Board; actual transportation expenses and not to exceed $10 per 
diem to cover subsistence and other expenses while in 
attendance at and en route to and from the place to which he is 
invited, to any person other than an employee of the Federal 
Government who may, from time to time, be invited to the city 
of Washington or elsewhere for conference or advisory purposes 
in furthering the work of the Board; when found by the Board to 
be in the interest of the Government, not exceeding 3 per 
centum, in any fiscal year, of the amounts credited during such 
year to the fund, for engaging persons or organizations, by 
contract or otherwise, for any special technical or 
professional services, determined necessary by the Board, 
including but not restricted to accounting, actuarial, 
statistical, and reporting services, without regard to [section 
3709 of the Revised Statutes (U.S.C., title 41, sec. 5)] 
section 6101 of title 41 and the provisions of other laws 
applicable to the employment and compensation of officers and 
employees of the United States; services; advertising, postage, 
telephone, telegraph, teletype, and other communication 
services and tolls; supplies; reproducing, photographing, and 
all other equipment, office appliances, and laborsaving 
devices, including devices for internal communication and 
conveyance; purchase and exchange, operation, maintenance and 
repair of motor-propelled passenger-carrying vehicles to be 
used only for official purposes in the District of Columbia and 
in the field; printing and binding; purchase and exchange of 
law books, books of reference, and directories; periodicals, 
newspapers and press clippings, in such amounts as the Board 
deems necessary, without regard to the provisions of section 
192 of the Revised Statutes; manuscripts and special reports; 
membership fees or dues in organizations which issue 
publications to members only, or to members at a lower price 
than to others, payment for which may be made in advance; 
rentals, including garages, in the District of Columbia or 
elsewhere; alterations and repairs; if found by the Board to be 
necessary to expedite the certification to the Board by the 
Director of the Office of Personnel Management of persons 
eligible to be employed by the Board, and to the extent that 
the Board finds such expedition necessary, meeting the expenses 
of the Director of the Office of Personnel Management in 
holding examinations for testing the fitness of applicants for 
admission to the classified service for employment by the Board 
pursuant to the second paragraph of section 362(l) of this 
title, but not to exceed the additional expenses found by the 
Board to have been incurred by reason of the holding of such 
examinations; and miscellaneous items, including those for 
public instruction and information deemed necessary by the 
Board: Provided, That [section 3709 of Revised Statutes 
(U.S.C., title 41, sec. 5)] section 6101 of title 41 shall not 
be construed to apply to any purchase or procurement of 
supplies or services by the Board from moneys in the fund when 
the aggregate amount involved does not exceed $300. 
Determinations of the Board whether the fund or an 
appropriation for the administration of the Railroad Retirement 
Act of 1974 is properly chargeable with the authorized 
expenses, or parts thereof, incurred in the administration of 
such Act, or of this Act, shall be binding and conclusive for 
all purposes and upon all persons, including the Comptroller 
General and any other administrative or accounting officer, 
employee, or agent of the United States and shall not be 
subject to review in any manner.

Sec. 1212(b) (Alaska Railroad Transfer Act of 1982, Sec. 613(b))

  Sec. 613. (a) The provisions of chapter 5 of title 5, United 
States Code (popularly known as the Administrative Procedure 
Act, and including provisions popularly known as the Government 
in the Sunshine Act), the Federal Advisory Committee Act (5 
U.S.C. App. 1 et seq.), the National Historic Preservation Act 
(16 U.S.C. 470 et seq.), section 4(f) of the Department of 
Transportation Act (49 U.S.C. 1653(f), and the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 
not apply to actions taken pursuant to this chapter, except to 
the extent that such laws may be applicable to granting of 
rights-of-way under section 609 of this title.
  (b) The enactment of this title, actions taken during the 
transition period as provided in section 605 of this title, and 
transfer of the rail properties of the Alaska Railroad under 
authority of this chapter shall be deemed not to be the 
disposal of Federal surplus property under [the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 
484)] sections 541 through 555 of title 40, United States Code, 
or the Act of October 3, 1944, popularly referred to as the 
``Surplus Property Act of 1944'' (50 U.S.C. App. 1622). Such 
events shall not constitute or cause the revocation of any 
prior withdrawal or reservation of land for the use of the 
Alaska Railroad under the Act of March 12, 1914 (43 U.S.C. 975 
et seq.), the Alaska Statehood Act (note preceding 48 U.S.C. 
21), the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.), the Act of January 2, 1976 (Public Law 94-204; 89 Stat. 
1145), the Alaska National Interest Lands Conservation Act 
(Public Law 96-487; 94 Stat. 2371), and the general land and 
land management laws of the United States.

                           TITLE 46--SHIPPING

Sec. 51703(b)(2)

Sec. 51703. Additional training

                                 * * *

  (b) Equipment, Supplies, and Contracts.--The Secretary may--

                                 * * *

          (2) without regard to [section 6101(b) to (d)] 
        section 6101 of title 41, make contracts for services 
        the Secretary considers necessary to prepare the 
        equipment and supplies and to supervise and administer 
        the additional training.

Sec. 55305(d)(2)(D)

Sec. 55305. Cargoes procured, furnished, or financed by the United 
                    States Government

                                 * * *

  (d) Programs of Other Agencies.--

                                 * * *

          (2) The Secretary--

                                 * * *

                  (D) may take other measures as appropriate 
                under the Federal Acquisition Regulations 
                issued pursuant to [section 25(c)(1) of the 
                Office of Federal Procurement Policy Act (41 
                U.S.C. 421(c)(1)] section 1303(a)(1) of title 
                41 or contract with respect to each violation.

             TITLE 48--TERRITORIES AND INSULAR POSSESSIONS

Sec. 1685 (Interior Department Appropriation Act, 1953, Sec. 108)

  Sec. 108. After June 30, 1952, transfers to the Department of 
the Interior pursuant to [the Federal Property and 
Administrative Services Act of 1949] chapter 5 of title 40, 
United States Code, of equipment, material and supplies, excess 
to the needs of Federal agencies may be made at the request of 
the Secretary of the Interior without reimbursement or transfer 
of funds when required by the Interior Department for 
operations conducted in the administration of the Territories 
and the Trust Territory of the Pacific Islands.

                        TITLE 49--TRANSPORTATION

Public Law 111-350, Sec. 5(o)(1)

                                 * * *

SEC. 5. CONFORMING CROSS-REFERENCES.

                                 * * *

  (o) Title 49.--Title 49, United States Code, is amended as 
follows:
          (1) In section [103(e)] 103(i), strike ``title III of 
        the Federal Property and Administrative Services Act of 
        1949 (41 U.S.C. 251 et seq.)'' and substitute 
        ``division C (except sections3302, 3501(b), 3509, 3906, 
        4710, and 4711) of subtitle I of title 41''.

Sec. 103(i)

Sec. 103. Federal Railroad Adminstration

                                  * * *

  (i) Authorities.--Subject to the provisions of [subtitle I of 
title 40 and division C (except sections 3302, 3501(b), 3509, 
3906, 4710, and 4711) of subtitle I] section 171(b) and (c) of 
title 41, the Secretary of Transportation may make, enter into, 
and perform such contracts, grants, leases, cooperative 
agreements, and other similar transactions with Federal or 
other public agencies (including State and local governments) 
and private organizations and persons, and make such payments, 
by way of advance or reimbursement, as the Secretary may 
determine to be necessary or appropriate to carry out functions 
at the Administration. The authority of the Secretary granted 
by this subsection shall be carried out by the Administrator. 
Notwithstanding any other provision of this chapter, no 
authority to enter into contracts or to make payments under 
this subsection shall be effective, except as provided for in 
appropriations Acts.

Sec. 1113(b)(1)(B)

Sec. 1113. Administrative

                                 * * *

  (b) Additional Powers.--(1) The Board may--

                                 * * *

          (B) make agreements and other transactions necessary 
        to carry out this chapter without regard to [section 
        6101(b) to (d)] section 6101 of title 41;

Sec. 5101 note (Hazardous Materials Transportation Authorization Act of 
                    1994, Sec. 123(a))

SEC. 123. BUY AMERICA.
  (a) Compliance With [Buy American Act] Chapter 83 of Title 
41, United States Code.--None of the funds made available under 
this title [see Short Title of 1994 Amendment note above] may 
be expended in violation of [sections 2 through 4 of the Act of 
March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the `Buy 
American Act')] chapter 83 of title 41, United States Code, 
which are applicable to those funds.

Sec. 5334(j)

Sec. 5334. Administrative provisions

                                 * * *

  (j) Relationship to Other Laws.--(1) Section 9107(a) of title 
31 applies to the Secretary of Transportation under this 
chapter.
  (2) [Section 6101(b) to (d)] Section 6101 of title 41 applies 
to a contract for more than $1,000 for services or supplies 
related to property acquired under this chapter.

Sec. 10721

Sec. 10721. Government traffic

  A rail carrier providing transportation or service for the 
United States Government may transport property or individuals 
for the United States Government without charge or at a rate 
reduced from the applicable commercial rate. [Section 6101(b) 
to (d)] Section 6101 of title 41 does not apply when 
transportation for the United States Government can be obtained 
from a rail carrier lawfully operating in the area where the 
transportation would be provided.

Sec. 13712

Sec. 13712. Government traffic

  A carrier providing transportation or service for the United 
States Government may transport property or individuals for the 
United States Government without charge or at a rate reduced 
from the applicable commercial rate. [Section 6101(b) to (d)] 
Section 6101 of title 41 does not apply when transportation for 
the United States Government can be obtained from a carrier 
lawfully operating in the area where the transportation would 
be provided.

Sec. 15504

Sec. 15504. Government traffic

  A carrier providing transportation or service for the United 
States Government may transport property or individuals for the 
United States Government without charge or at a rate reduced 
from the applicable commercial rate. [Section 6101(b) to (d)] 
Section 6101 of title 41 does not apply when transportation for 
the United States Government can be obtained from a carrier 
lawfully operating in the area where the transportation would 
be provided.

Sec. 24301 note (Amtrak Reform and Accountability Act of 1997, 
                    Sec. 110(b))

SEC. 110. APPLICATION OF CERTAIN LAWS.

                                 * * *

  (b) Application of Federal Property and Aministrative 
Services Act.--[Section 303B(m) of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253b(m))] 
Section 4702 of title 41, United States Code, applies to a 
proposal in the possession or control of Amtrak.

Sec. 40110(d)

Sec. 40110. General procurement authority

                                 * * *

  (d) Acquisition Management System.--

                                 * * *

          (2) Applicability of federal acquisition law.--The 
        following provisions of Federal acquisition law shall 
        not apply to the new acquisition management system 
        developed and implemented pursuant to paragraph (1):
                  (A) [Division C (except sections 3302, 
                3501(b), 3509, 3906, 4710, and 4711) of 
                subtitle I] Provisions referred to in section 
                171(c) of title 41.
                  (B) [Division B (except sections 1704 and 
                2303) of subtitle I] Provisions referred to in 
                section 172(b) of title 41.

                                 * * *

          (3) Certain provisions [of division b (except 
        sections 1704 and 2303) of subtitle i] referred to in 
        section 172(b) of title 41.--Notwithstanding paragraph 
        (2)(B), chapter 21 of title 41 shall apply to the new 
        acquisition management system developed and implemented 
        under paragraph (1) with the following modifications:

                                 * * *

                  (B) Within 90 days after the date of the 
                enactment of the Wendell H. Ford Aviation 
                Investment and Reform Act for the 21st Century, 
                the Administrator shall adopt definitions for 
                the acquisition management system that are 
                consistent with the purpose and intent of the 
                [Office of Federal Procurement Policy Act] 
                provisions referred to in section 172(b) of 
                title 41.
                  (C) After the adoption of those definitions, 
                the criminal, civil, and administrative 
                remedies provided under the [Office of Federal 
                Procurement Policy Act] provisions referred to 
                in section 172(b) of title 41 apply to the 
                acquisition management system.
                  (D) In the administration of the acquisition 
                management system, the Administrator may take 
                adverse personnel action under [section 
                27(e)(3)(A)(iv) of the Office of Federal 
                Procurement Policy Act] section 2105(c)(1)(D) 
                of title 41 in accordance with the procedures 
                contained in the Administration's personnel 
                management system.

Sec. 40110 note (Department of Transportation and Related Agencies 
                    Appropriations Act, 1997, Sec. 351(b))

  Sec. 351. Not later than December 31, 1997, the Administrator 
of the Federal Aviation Administration shall--

                                 * * *

          (b) submit to the Congress a report on the findings 
        of that independent assessment: Provided, That for 
        purposes of this section, the term `full and open 
        competition' has the meaning provided that term in 
        [section 4(6) of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 403(6))] section 107 of title 41, 
        United States Code.

Sec. 40110 note (Federal Acquisition Streamlining Act of 1994, 
                    Sec. 5063)

SEC. 5063. FEDERAL AVIATION ADMINISTRATION ACQUISITION PILOT 
PROGRAM.

                                 * * *

  (f) Waiver of Procurement Regulations.--(1) In conducting the 
test under this section, the Secretary of Transportation, with 
the approval of the Administrator for Federal Procurement 
Policy, may waive--

                                 * * *

  (2) The provisions of law referred to in paragraph (1) are as 
follows:

                                 * * *

          [(B) The following provisions of the Federal Property 
        and Administrative Services Act of 1949:
                  (i) Section 303 ([former] 41 U.S.C. 253) [see 
                41 U.S.C. 3105, 3301, 3303 to 3305].
                  (ii) Section 303A ([former] 41 U.S.C. 253a) 
                [see 41 U.S.C. 3306].
                  (iii) Section 303B ([former] 41 U.S.C. 253b) 
                [now 41 U.S.C. 3308, 3701 to 3708, 4702].
                  (iv) Section 303C [former] (41 U.S.C. 253c) 
                [now 41 U.S.C. 3311].
          (C) The following provisions of the Office of Federal 
        Procurement Policy Act:
                  (i) Section 4(6) ([former] 41 U.S.C. 403(6)) 
                [see 41 U.S.C. 107].
                  (ii) Section 18 ([former] 41 U.S.C. 416) [see 
                41 U.S.C. 1708].]
          (B) Sections 107, 1708, 3105, 3301(a), (b)(1), and 
        (c), 3303 through 3306(e), 3308, and 3311, chapter 37, 
        and section 4702 of title 41, United States Code.
  (g) Definition.--In this section, the term ``commercial 
item'' has the meaning provided that term in [section 4(12) of 
the Office of Federal Procurement Policy Act] section 103 of 
title 41, United States Code.

Sec. 47305(d)

Sec. 47305. Administrative

                                 * * *

  (d) Advertising Not Required.--[Section 6101(b) to (d)] 
Section 6101 of title 41 does not apply to a lease or contract 
made by the Secretary of Transportation or Commerce under this 
chapter.

Sec. 50101 note (Federal Aviation Administration Authorization Act of 
                    1994, Sec. 305(b))

SEC. 305. USE OF DOMENSTIC POWERS.

                                 * * *

  (b) Compliance With [Buy American Act] Chapter 83 of Title 
41, United States Code.--(1) Except as provided in paragraph 
(2), the head of each office within the Federal Aviation 
Administration that conducts procurements shall ensure that 
such procurements are conducted in compliance with [sections 2 
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a through 
10c, popularly known as the ``Buy American Act''] chapter 83 of 
title 41, United States Code.

                   TITLE 50--WAR AND NATIONAL DEFENSE

Sec. 167b(c)(2) (Helium Act, Sec. 4(c)(2))

SEC. 4. STORAGE, TRANSPORTATION, AND WITHDRAWAL OF CRUDE 
HELIUM.

                                 * * *

  (c) Disposal of Facilities.--

                                 * * *

          (2) Applicable law.--The disposal of such property 
        shall be in accordance with [the Federal Property and 
        Administrative Services Act of 1949] chapter 5 of title 
        40, United States Code.

Sec. 198(d) (Act of August 9, 1954, Sec. 3(d))

  Sec. 3. (a) Any vessel not documented under the laws of the 
United States, acquired by or made available to the Secretary 
of Transportation under this Act, or otherwise, may, 
notwithstanding any other provision of law, in the discretion 
of the Secretary of the department in which the Coast Guard is 
operating be documented as a vessel of the United States under 
such rules and regulations or orders, and with such 
limitations, as the Secretary of the department in which the 
Coast Guard is operating may prescribe or issue as necessary or 
appropriate to carry out the purposes and provisions of this 
Act, and in accordance with the provisions of subsection (c) 
hereof, engage in the coastwise trade when so documented. Any 
document issued to a vessel under the provisions of this 
subsection shall be surrendered at any time that such surrender 
may be ordered by the Secretary of the department in which the 
Coast Guard is operating. No vessel, the surrender of the 
documents of which has been so ordered, shall, after the 
effective date of such order, have the status of a vessel of 
the United States unless documented anew.

                                 * * *

  (d) The Secretary of Transportation without regard to the 
provisions of [section 3709 of the Revised Statutes] section 
6101 of title 41, United States Code, may repair, reconstruct, 
or recondition any vessels to be utilized under this Act. The 
Secretary of Transportation and any other Government department 
or agency by which any vessel is acquired or chartered, or to 
which any vessel is transferred or made available under this 
Act may, with the aid of any funds available and without regard 
to the provisions of [said section 3709] said section 6101, 
repair, reconstruct, or recondition any such vessels to meet 
the needs of the services intended, or provide facilities for 
such repair, reconstruction, or reconditioning. The Secretary 
of Transportation may operate or charter for operation any 
vessel to be utilized under this Act to private operators, 
citizens of the United States, or to any department or agency 
of the United States Government, without regard to the 
provisions of title VII of the Merchant Marine Act, 1936, and 
any department or agency of the United States Government is 
authorized to enter into such charters.

Sec. 403-1(q)(4)(B) (National Security Act of 1947, Sec. 102A(q)(4)(B))

  Sec. 102A. (a) Provision of Intelligence.--(1) The Director 
of National Intelligence shall be responsible for ensuring that 
national intelligence is provided--

                                 * * *

  (q) Acquisitions of Major Systems.--(1) For each intelligence 
program within the National Intelligence Program for the 
acquisition of a major system, the Director of National 
Intelligence shall--

                                 * * *

  (4) In this subsection:

                                 * * *

          (B) The term ``major system'' has the meaning given 
        such term in [section 4(9) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 403(9)) 
        section 109 of title 41, United States Code.

Sec. 415(a)(2)(B)(i) (National Security Act of 1947, 
                    Sec. 505(a)(2)(B)(i))

  Sec. 505. (a)(1) The transfer of a defense article or defense 
service, or the anticipated transfer in any fiscal year of any 
aggregation of defense articles or defense services, exceeding 
$1,000,000 in value by an intelligence agency to a recipient 
outside that agency shall be considered a significant 
anticipated intelligence activity for the purpose of this 
title.
  (2) Paragraph (1) does not apply if--

                                 * * *

        (B) the transfer--
                  (i) is being made pursuant to authorities 
                contained in part II of the Foreign Assistance 
                Act of 1961, the Arms Export Control Act, title 
                10 of the United States Code (including a law 
                enacted pursuant to section 7307(a) of that 
                title), or the [Federal Property and 
                Administrative Services Act of 1949] provisions 
                referred to in section 171(b) and (c) of title 
                41 of the United States Code, and

Sec. 415a-5(e)(1) (National Security Act of 1947, Sec. 506C(e)(1))

  Sec. 506C. (a) Initial Vulnerability Assessments.--(1)(A) 
Except as provided in subparagraph (B), the Director of 
National Intelligence shall conduct and submit to the 
congressional intelligence committees an initial vulnerability 
assessment for each major system and its significant items of 
supply--

                                 * * *

  (e) Definitions.--In this section:
          (1) The term ``item of supply'' has the meaning given 
        that term in [section 4(10) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403(10))] section 108 
        of title 41, United States Code.

Sec. 1651(a) (National Emergencies Act, Sec. 502(a))

  Sec. 502. (a) The provisions of this Act shall not apply to 
the following provisions of law, the powers and authorities 
conferred thereby, and actions taken thereunder:
          (1) [Act of June 30, 1949 (41 U.S.C. 252) Provisions 
        of law referred to in section 171(b) and (c) of title 
        41, United States Code;

                                 * * *

          (3) [Section 3737 of the Revised Statutes, as amended 
        (41 U.S.C. 15)] Section 6305 of title 41, United States 
        Code;

Sec. 1701 note (Sudan Accountability and Divestment Act of 2007, 
                    Sec. Sec. 2(3), 6)

SEC. 2. DEFINITIONS.
  In this Act:

                                 * * *

          (3) Executive agency.--The term ``executive agency'' 
        has the meaning given the term in [section 4 of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 
        403)] section 133 of title 41, United States Code.

                                 * * *

SEC. 6. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS.

                                 * * *

  (b) Remedies.--

                                 * * *

          (4) Inclusion on list of parties excluded from 
        federal procurement and nonprocurement programs.--The 
        Administrator of General Services shall include on the 
        List of Parties Excluded from Federal Procurement and 
        Nonprocurement Programs maintained by the Administrator 
        under part 9 of the Federal Acquisition Regulation 
        issued under [section 25 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 421)] section 1303 of 
        title 41, United States Code, each contractor that is 
        debarred, suspended, proposed for debarment or 
        suspension, or declared ineligible by the head of an 
        executive agency on the basis of a determination of a 
        false certification under paragraph (1).

                                 * * *

  (d) Implementation Through the Federal Acquisition 
Regulation.--Not later than 120 days after the date of the 
enactment of this Act, the Federal Acquisition Regulatory 
Council shall amend the Federal Acquisition Regulation issued 
pursuant to [section 25 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 421)] section 1303 of title 41, United 
States Code, to provide for the implementation of the 
requirements of this section.

Sec. 1701 note (Iran Sanctions Act of 1996, Sec. 6(b)(1), (2)(B), (6))

SEC. 6. DESCRIPTION OF SANCTIONS.

                                 * * *

  (b) Additional Measure Relating to Government Contracts.--
          (1) Modification of federal acquisition regulation.--
                  (A) Certifications relating to activities 
                described in section 5.--Not later than 90 days 
                after the date of the enactment of the 
                Comprehensive Iran Sanctions, Accountability, 
                and Divestment Act of 2010, the Federal 
                Acquisition Regulation shall be revised to 
                require a certification from each person that 
                is a prospective contractor that the person, 
                and any person owned or controlled by the 
                person, does not engage in any activity for 
                which sanctions may be imposed under section 5.
                  (B) Certifications relating to transactions 
                with iran's revolutionary guard corps.--Not 
                later than 120 days after the date of the 
                enactment of the Iran Threat Reduction and 
                Syria Human Rights Act of 2012, the Federal 
                Acquisition Regulation shall be revised to 
                require a certification from each person that 
                is a prospective contractor that the person, 
                and any person owned or controlled by the 
                person, does not knowingly engage in a 
                significant transaction or transactions with 
                Iran's Revolutionary Guard Corps or any of its 
                officials, agents, or affiliates the property 
                and interests in property of which are blocked 
                pursuant to the International Emergency 
                Economic Powers Act (50 U.S.C. 1701 et seq.).
          (2) Remedies.--

                                 * * *

                  (B) Inclusion on list of parties excluded 
                from federal procurement and nonprocurement 
                programs.--The Administrator of General 
                Services shall include on the List of Parties 
                Excluded from Federal Procurement and 
                Nonprocurement Programs maintained by the 
                Administrator under part 9 of the Federal 
                Acquisition Regulation each person that is 
                debarred, suspended, or proposed for debarment 
                or suspension by the head of an executive 
                agency on the basis of a determination of a 
                false certification under subparagraph (A).

                                 * * *

          (6) Definitions.--In this subsection:
                  (A) Executive agency.--The term `executive 
                agency' has the meaning given that term in 
                section 133 of title 41, United States Code.

Sec. 1902(a)(4) (David L. Boren National Security Education Act of 
                    1991, Sec. 802(a)(4))

SEC. 802. SCHOLARSHIP, FELLOWSHIP, AND GRANT PROGRAM.
  (a) Program Required.--

                                 * * *

          (4) Contract authority.--The Secretary may enter into 
        one or more contracts, with private national 
        organizations having an expertise in foreign languages, 
        area studies, counterproliferation studies, and other 
        international fields, for the awarding of the 
        scholarships, fellowships, and grants described in 
        paragraph (1) in accordance with the provisions of this 
        chapter. The Secretary may enter into such contracts 
        without regard to [section 3709 of the Revised Statutes 
        (41 U.S.C. 5)] section 6101 of title 41, United States 
        Code, or any other provision of law that requires the 
        use of competitive procedures. In addition, the 
        Secretary may enter into personal service contracts for 
        periods up to one year for program administration, 
        except that not more than 10 such contracts may be in 
        effect at any one time.

Sec. 2402(c) (National Nuclear Security Administration Act, 
                    Sec. 3212(c))

SEC. 3212. ADMINISTRATOR FOR NUCLEAR SECURITY.

                                 * * *

  (c) Procurement Authority.--The Administrator is the senior 
procurement executive for the Administration for the purposes 
of [section 16(3) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 414(3))] section 1702(c)(1) and (2) of title 41, 
United States Code.

Sec. 2462 (National Nuclear Security Administration Act, Sec. 3262)

SEC. 3262. COMPLIANCE WITH FEDERAL ACQUISITION REGULATION.
  The Administrator shall establish procedures to ensure that 
the mission and programs of the Administration are executed in 
full compliance with all applicable provisions of the Federal 
Acquisition Regulation issued pursuant to the [Office of 
Federal Procurement Policy Act (41 U.S.C. 401 et seq.)] 
provisions referred to in section 172(b) of title 41, United 
States Code.

Sec. 2601(f) (Atomic Energy Defense Act, Sec. 4421(f))

SEC. 4421. PROJECTS TO ACCELERATE CLOSURE ACTIVITIES AT DEFENSE 
NUCLEAR FACILITIES.

                                 * * *

  (f) Multiyear Contracts.--Notwithstanding [section 304B(d) of 
the Federal Property and Administrative Services Act of 1949 
(41 U.S.C. 254c(d))] section 3903(a) and (c) of title 41, 
United States Code, the Secretary of Energy may enter into 
multiyear contracts to carry out projects selected under this 
section for up to 10 program years.

Sec. 2781(b)(1) (Atomic Energy Defense Act, Sec. 4801(b)(1))

SEC. 4801. COSTS NOT ALLOWED UNDER COVERED CONTRACTS.
  (a) In General.--The following costs are not allowable under 
a covered contract:

                                 * * *

  (b) Regulations.--(1) Not later than 150 days after November 
8, 1985, the Secretary of Energy shall prescribe regulations to 
implement this section. Such regulations may establish 
appropriate definitions, exclusions, limitations, and 
qualifications. Such regulations shall be published in 
accordance with [section 22 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 418b)] section 1707 of title 
41, United States Code.

              TITLE 50 APPENDIX--WAR AND NATIONAL DEFENSE

Sec. 1918(b) (Joint Resolution of December 30, 1947, Sec. 8(b))

  Sec. 8.(a) In order to alleviate shortages in foods and 
feeds, and to assist in stabilizing prices, the President shall 
carry out a program for the conservation of food and feed. In 
carrying out such program, the President is authorized, through 
the dissemination of information, educational and other 
campaigns, the furnishing of assistance, and such other 
voluntary and cooperative measures as he deems necessary or 
appropriate, to encourage and promote the efficient 
utilization, care, and preservation of food and feed, the 
elimination of practices which waste food and feed, the control 
and eradication of insects and rodents, the consumption of less 
of these foods and feeds which are in short supply and more of 
those foods and feeds which are in abundant supply, and other 
conservation practices. The authority herein conferred may be 
exercised by the President through such departments, agencies, 
independent establishments, and officials of the Federal 
Government and such State, local, and private agencies as he 
may determine.
  (b) There is hereby authorized to be appropriated to the 
President such sums as may be necessary to carry out this 
section. To enable the President to carry out this section for 
the remainder of the fiscal year ending June 30, 1948, there is 
made available not to exceed $1,000,000 from any funds made 
available by the Congress for carrying out Public Law 84, 
Eightieth Congress, or from any funds made available by the 
Congress for interim foreign aid. Funds made available for the 
purpose of this section may be used for necessary 
administrative expenses, including personal services in the 
District of Columbia and elsewhere, purchase or hire of motor 
vehicles, temporary or intermittent services of experts or 
consultants or organizations thereof, including stenographic 
reporting services, by contract, without regard to the civil 
service and classification laws (the compensation of any such 
individual not to exceed $50 per day). Funds made available for 
the purposes of this section may be allotted for any of the 
purposes of this section to any department, agency, or 
independent establishment of the Government, or transferred to 
any other agency requested to assist in carrying out this 
section. Funds allotted to any department, agency, or 
independent establishment of the Government shall be available 
for obligation and expenditure in accordance with the laws 
governing obligations and expenditures of the department, 
agency, or independent establishment, or organizational unit 
thereof concerned, and without regard to [sections 3709 and 
3648 of the Revised Statutes, as amended (U.S.C., title 41, 
sec. 5, and title 31, 529)] section 3324(a) and (b) of title 
31, United States Code, and section 6101 of title 41, United 
States Code.

Sec. 1941i note (Act of July 26, 1956)

That the Government laboratories at Akron, Ohio, now under 
control of the National Science Foundation are hereby 
transferred to the General Services Administration for disposal 
in accordance with [the Federal Property and Administrative 
Services Act of 1949] chapter 5 of title 40, United States 
Code, except that the Administrator of General Services shall 
first offer the laboratories for public sale before seeking to 
dispose of them by transfer or assignment to any Federal 
agency. The Administrator of General Services, before he offers 
the laboratories to the public for sale, shall ascertain what 
the value of the laboratories would be to Government agencies 
which would make substantial use thereof, and the Administrator 
shall not sell the laboratories to the public unless he finds, 
after consultation with the Director of the Budget Bureau, that 
such sale to the public would be in the best interests of the 
United States, taking into consideration among other relevant 
factors the value of the laboratories to any interested agency 
and the amounts offered by public bidders. The National Science 
Foundation is authorized to reimburse the General Services 
Administration in advance for expenses necessary for the 
protection and maintenance of the laboratories up to June 30, 
1957.

Sec. 2077(b)(2)(B)(ii) (Defense Production Act of 1950, 
                    Sec. 107(b)(2)(B)(ii))

SEC. 107. STRENGTHENING DOMESTIC CAPABILITY.

                                 * * *

  (b) Critical Components and Critical Technology Items.--

                                 * * *

          (2) Appropriate action.--For purposes of this 
        subsection, appropriate action may include--

                                 * * *

                  (B) restricting contract solicitations to 
                domestic sources pursuant to--

                                 * * *

                          (ii) [section 303(b)(1)(B) or section 
                        303(c)(3) of the Federal Property and 
                        Administrative Services Act of 1949] 
                        section 3303(a)(1)(B) or section 
                        3304(a)(3) of title 41, United States 
                        Code; or

Sec. 2154(b) (Defense Production Act of 1950, Sec. 704(b))

SEC. 704. REGULATIONS AND ORDERS.

                                 * * *

  (b) Procurement Regulations.--Any procurement regulation, 
procedure, or form issued pursuant to subsection (a) shall be 
issued pursuant to [section 25 of the Office of Federal 
Procurement Policy Act] section 1303 of title 41, United States 
Code, and shall conform to any governmentwide procurement 
policy or regulation issued pursuant to [section 6 or 25 of 
that Act] section 1121(b) and (d) or 1303(a)(1) of that title.

Sec. 2159(c) (Defense Production Act of 1950, Sec. 709(c))

SEC. 709. PUBLIC PARTICIPATION IN RULEMAKING.

                                 * * *

  (c) Public Comment on Procurement Regulations.--Any 
procurement policy, regulation, procedure, or form (including 
any amendment or modification of any such policy, regulation, 
procedure, or form) issued under this Act shall be subject to 
[section 22 of the Office of Federal Procurement Policy Act] 
section 1707 of title 41, United States Code.

            TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS

Sec. 20113(c)(4)

Sec. 20113. Powers of the Administration in performance of functions

                                 * * *

  (c) Property.--In the performance of its functions, the 
Administration is authorized--

                                 * * *

          (4) to sell and otherwise dispose of real and 
        personal property (including patents and rights 
        thereunder) in accordance with the provisions of 
        [chapters 1 to 11 of title 40 and in accordance with 
        title III of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 251 et seq.)] chapter 5 
        of title 40; and

Sec. 30704(2)

Sec. 30704. Offshore performance of contracts for the procurement of 
                    goods and services

  The Administrator shall submit to Congress, not later than 
120 days after the end of each fiscal year, a report on the 
contracts and subcontracts performed overseas and the amount of 
purchases directly or indirectly by the Administration from 
foreign entities in that fiscal year. The report shall 
separately indicate--

                                 * * *

          (2) the items and their dollar values for which [the 
        Buy American Act (41 U.S.C. 10a et seq.)] chapter 83 of 
        title 41 was waived pursuant to obligations of the 
        United States under international agreements.

                                 
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