HR 1107 RH 
be used when entering into agreements to carry out projects under sec-
tion 845(a) of that Act and that the period of authority to carry out 
projects under section 845(a) of that Act terminates as provided in sec-
tion 845(i) of that Act. 
(3) APPLICATION OF REQUIREMENTS AND CONDITIONS.—In applying 
the requirements and conditions of section 845 of that Act under this 
subsection— 
(A) section 845(c) of that Act shall apply with respect to proto-
type projects carried out under paragraph (2); and 
(B) the Director of the Office of Management and Budget shall 
perform the functions of the Secretary of Defense under section 
845(d) of that Act. 
(4) APPLICABILITY TO SELECTED EXECUTIVE AGENCIES.— 
(A) OFFICE OF MANAGEMENT AND BUDGET.—The head of an 
executive agency may exercise authority under this subsection for 
a project only if authorized by the Director of the Office of Man-
agement and Budget. 
(B) DEPARTMENT OF HOMELAND SECURITY.—Authority under 
this subsection does not apply to the Secretary of Homeland Secu-
rity while section 831 of the Homeland Security Act of 2002 (6 
U.S.C. 391) is in effect. 
(b) REGULATIONS.—The Director of the Office of Management and 
Budget shall prescribe regulations to carry out this section. No transaction 
may be conducted under the authority of this section before the regulations 
take effect. 
(c) ANNUAL REPORT.—The annual report of the head of an executive 
agency that is required under section 2371(h) of title 10, as applied to the 
head of the executive agency by subsection (a), shall be submitted to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Oversight and Government Reform of the House of 
Representatives. 
(d) TERMINATION OF AUTHORITY.—The authority to carry out trans-
actions under subsection (a) terminates on September 30, 2008. 
§ 1905. List of laws inapplicable to contracts or subcontracts 
not greater than simplified acquisition threshold 
(a) DEFINITION.—In this section, the term ‘‘Council’’ has the meaning 
given that term in section 1301 of this title. 
(b) INCLUSION IN FEDERAL ACQUISITION REGULATION.— 
(1) IN GENERAL.—The Federal Acquisition Regulation shall include 
a list of provisions of law that are inapplicable to contracts or sub-
contracts in amounts not greater than the simplified acquisition thresh-
VerDate Nov 24 2008 
21:15 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.RH
H1107
hsrobinson on PROD1PC76 with BILLS
HR 1107 RH 
old. A provision of law properly included on the list pursuant to para-
graph (2) does not apply to contracts or subcontracts in amounts not 
greater than the simplified acquisition threshold that are made by an 
executive agency. This section does not render a provision of law not 
included on the list inapplicable to contracts and subcontracts in 
amounts not greater than the simplified acquisition threshold. 
(2) LAWS ENACTED AFTER OCTOBER 13, 1994.—A provision of law 
described in subsection (c) that is enacted after October 13, 1994, shall 
be included on the list of inapplicable provisions of laws required by 
paragraph (1) unless the Council makes a written determination that 
it would not be in the best interest of the Federal Government to ex-
empt contracts or subcontracts in amounts not greater than the sim-
plified acquisition threshold from the applicability of the provision. 
(c) COVERED LAW.—A provision of law referred to in subsection (b)(2) 
is a provision of law that the Council determines sets forth policies, proce-
dures, requirements, or restrictions for the procurement of property or serv-
ices by the Federal Government, except for a provision of law that— 
(1) provides for criminal or civil penalties; or 
(2) specifically refers to this section and provides that, notwith-
standing this section, it shall be applicable to contracts or subcontracts 
in amounts not greater than the simplified acquisition threshold. 
(d) PETITION.—A person may petition the Administrator to take appro-
priate action when a provision of law described in subsection (c) is not in-
cluded on the list of inapplicable provisions of law as required by subsection 
(b) and the Council has not made a written determination pursuant to sub-
section (b)(2). The Administrator shall revise the Federal Acquisition Regu-
lation to include the provision on the list of inapplicable provisions of law 
unless the Council makes a determination pursuant to subsection (b)(2) 
within 60 days after the petition is received. 
§ 1906. List of laws inapplicable to procurements of commer-
cial items 
(a) DEFINITION.—In this section, the term ‘‘Council’’ has the meaning 
given that term in section 1301 of this title. 
(b) CONTRACTS.— 
(1) INCLUSION IN FEDERAL ACQUISITION REGULATION.—The Fed-
eral Acquisition Regulation shall include a list of provisions of law that 
are inapplicable to contracts for the procurement of commercial items. 
A provision of law properly included on the list pursuant to paragraph 
(2) does not apply to purchases of commercial items by an executive 
agency. This section does not render a provision of law not included 
VerDate Nov 24 2008 
21:15 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.RH
H1107
hsrobinson on PROD1PC76 with BILLS
HR 1107 RH 
on the list inapplicable to contracts for the procurement of commercial 
items. 
(2) LAWS ENACTED AFTER OCTOBER 13, 1994.—A provision of law 
described in subsection (d) that is enacted after October 13, 1994, 
shall be included on the list of inapplicable provisions of law required 
by paragraph (1) unless the Council makes a written determination 
that it would not be in the best interest of the Federal Government 
to exempt contracts for the procurement of commercial items from the 
applicability of the provision. 
(c) SUBCONTRACTS.— 
(1) DEFINITION.—In this subsection, the term ‘‘subcontract’’ in-
cludes a transfer of commercial items between divisions, subsidiaries, 
or affiliates of a contractor or subcontractor. 
(2) INCLUSION IN FEDERAL ACQUISITION REGULATION.—The Fed-
eral Acquisition Regulation shall include a list of provisions of law that 
are inapplicable to subcontracts under a contract or subcontract for the 
procurement of commercial items. A provision of law properly included 
on the list pursuant to paragraph (3) does not apply to those sub-
contracts. This section does not render a provision of law not included 
on the list inapplicable to subcontracts under a contract for the pro-
curement of commercial items. 
(3) PROVISIONS TO BE EXCLUDED FROM LIST.—A provision of law 
described in subsection (d) shall be included on the list of inapplicable 
provisions of law required by paragraph (2) unless the Council makes 
a written determination that it would not be in the best interest of the 
Federal Government to exempt subcontracts under a contract for the 
procurement of commercial items from the applicability of the provi-
sion. 
(4) WAIVER NOT AUTHORIZED.—This subsection does not authorize 
the waiver of the applicability of any provision of law with respect to 
any subcontract under a contract with a prime contractor reselling or 
distributing commercial items of another contractor without adding 
value. 
(d) COVERED LAW.—A provision of law referred to in subsections (b)(2) 
and (c) is a provision of law that the Council determines sets forth policies, 
procedures, requirements, or restrictions for the procurement of property or 
services by the Federal Government, except for a provision of law that— 
(1) provides for criminal or civil penalties; or 
(2) specifically refers to this section and provides that, notwith-
standing this section, it shall be applicable to contracts for the procure-
ment of commercial items. 
VerDate Nov 24 2008 
21:15 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.RH
H1107
hsrobinson on PROD1PC76 with BILLS
HR 1107 RH 
(e) PETITION.—A person may petition the Administrator to take appro-
priate action when a provision of law described in subsection (d) is not in-
cluded on the list of inapplicable provisions of law as required by subsection 
(b) or (c) and the Council has not made a written determination pursuant 
to subsection (b)(2) or (c)(3). The Administrator shall revise the Federal 
Acquisition Regulation to include the provision on the list of inapplicable 
provisions of law unless the Council makes a determination pursuant to sub-
section (b)(2) or (c)(3) within 60 days after the petition is received. 
§ 1907. List of laws inapplicable to procurements of commer-
cially available off-the-shelf items 
(a) INCLUSION IN FEDERAL ACQUISITION REGULATION.— 
(1) IN GENERAL.—The Federal Acquisition Regulation shall include 
a list of provisions of law that are inapplicable to contracts for the pro-
curement of commercially available off-the-shelf items. A provision of 
law properly included on the list pursuant to paragraph (2) does not 
apply to contracts for the procurement of commercially available off- 
the-shelf items. This section does not render a provision of law not in-
cluded on the list inapplicable to contracts for the procurement of com-
mercially available off-the-shelf items. 
(2) LAWS TO BE INCLUDED.—A provision of law described in sub-
section (b) shall be included on the list of inapplicable provisions of law 
required by paragraph (1) unless the Administrator makes a written 
determination that it would not be in the best interest of the Federal 
Government to exempt contracts for the procurement of commercially 
available off-the-shelf items from the applicability of the provision. 
(3) OTHER AUTHORITIES OR RESPONSIBILITIES NOT AFFECTED.— 
This section does not modify, supersede, impair, or restrict authorities 
or responsibilities under— 
(A) section 15 of the Small Business Act (15 U.S.C. 644); or 
(B) bid protest procedures developed under the authority of— 
(i) subchapter V of chapter 35 of title 31; 
(ii) section 2305(e) and (f) of title 10; or 
(iii) sections 3706 and 3707 of this title. 
(b) COVERED LAW.—Except as provided in subsection (a)(3), a provision 
of law referred to in subsection (a)(1) is a provision of law that the Admin-
istrator determines imposes Federal Government-unique policies, proce-
dures, requirements, or restrictions for the procurement of property or serv-
ices on persons whom the Federal Government has awarded contracts for 
the procurement of commercially available off-the-shelf items, except for a 
provision of law that— 
(1) provides for criminal or civil penalties; or 
VerDate Nov 24 2008 
21:15 Mar 25, 2009
Jkt 079200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6221
E:\BILLS\H1107.RH
H1107
hsrobinson on PROD1PC76 with BILLS