§ 3553. Review of protests; effect on contracts pending decision

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Competition in Contracting Act of 1984

   Pub. L. 98–369 div. B title VII § 2741(a) · 98 Stat. 494

   Enacted · 31 U.S.C. § 3553

   Added Pub. L. 98–369, div. B, title VII, § 2741(a), July 18, 1984, 98 Stat. 1200

   Source evidence

   Code source credit
   Added Pub. L. 98–369, div. B, title VII, § 2741(a), July 18, 1984, 98 Stat. 1200

   Enacted provision · exact public law section
   (a) Chapter 35 of title 31, United States Code, is amended by adding at the end thereof the following new subchapter: “SUBCHAPTER V— PROCUREMENT PROTEST SYSTEM “§ 3551. Definitions “In this subchapter— “(1) ‘protest’ means a written objection by an interested party to a solicitation by an executive agency for bids or proposals for a proposed contract for the procurement of property or services or a written objection by an interested party to a proposed award or the award of such a contract; “(2) ‘interested party’, with respect to a contract or proposed contract described in paragraph (1), means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of the contract or by failure to award the contract; and “(3) ‘Federal agency’ has the meaning given such term by section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472). “§ 3552. Protests by interested parties concerning procurement actions “A protest concerning an alleged violation of a procurement statute or regulation shall be decided by the Comptroller General if filed in accordance with this subchapter. An interested party who has filed a protest under section 111(h) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(h)) with respect to a procurement or proposed procurement may not file a protest with respect to Ante, p. 1182. that procurement under this subchapter. “§3553. Review of protests; effect on contracts pending decision “(a) Under procedures prescribed under section 3555 of this title, the Comptroller General shall decide a protest submitted to the Comptroller General by an interested party. “(b) (1) Within one working day of the receipt of a protest, the Comptroller General shall notify the Federal agency involved of the protest. “(2) Except as provided in paragraph (3) of this subsection, a Federal agency receiving a notice of a protested procurement under paragraph (1) of this subsection shall submit to the Comptroller General a complete report (including all relevant documents) on the protested procurement— “(A) within 25 working days from the date of the agency’s receipt of that notice; “(B) if the Comptroller General, upon a showing by the Federal agency, determines (and states the reasons in writing) that the specific circumstances of the protest require a longer period, within the longer period determined by the Comptroller General; or “(C) in a case determined by the Comptroller General to be suitable for the express option under section 3554(a)(2) of this title, within 10 working days from the date of the Federal agency’s receipt of that determination. “(3) A Federal agency need not submit a report to the Comptroller General pursuant to paragraph (2) of this subsection if the agency is sooner notified by the Comptroller General that the protest concerned has been dismissed under section 3554(a)(3) of this title. “(c) (1) Except as provided in paragraph (2) of this subsection, a contract may not be awarded in any procurement after the Federal agency has received notice of a protest with respect to such procurement from the Comptroller General and while the protest is pending. “(2) The head of the procuring activity responsible for award of a contract may authorize the award of the contract (notwithstanding a protest of which the Federal agency has notice under this section)— “(A) upon a written finding that urgent and compelling circumstances which significantly affect interests of the United States will not permit waiting for the decision of the Comptroller General under this subchapter; and “(B) after the Comptroller General is advised of that finding. “(3) A finding may not be made under paragraph (2)(A) of this subsection unless the award of the contract is otherwise likely to occur within 30 days thereafter. “(d) (1) If a Federal agency receives notice of a protest under this section after the contract has been awarded but within 10 days of the date of the contract award, the Federal agency (E)(cept as provided under paragraph (2)) shall, upon receipt of that notice, immediately direct the contractor to cease performance under the contract and to suspend any related activities that may result in additional obligations being incurred by the United States under that contract. Performance of the contract may not be resumed while the protest is pending. “(2) The head of the procuring activity responsible for award of a contract may authorize the performance of the contract (notwithstanding a protest of which the Federal agency has notice under this section)— “(A) upon a written finding— “(i) that performance of the contract is in the best interests of the United States; or “(ii) that urgent and compelling circumstances that significantly affect interests of the United States will not permit waiting for the decision of the Comptroller General concerning the protest; and “(B) after the Comptroller General is notified of that finding. “(e) The authority of the head of the procuring activity to make findings and to authorize the award and performance of contracts under subsections (c) and (d) of this section may not be delegated. “(f) Within such deadlines as the Comptroller General prescribes, upon request each Federal agency shall provide to an interested party any document relevant to a protested procurement action (including the report required by subsection (b)(2) of this section) that would not give that party a competitive advantage and that the party is otherwise authorized by law to receive. “§ 3554. Decisions on protests “(a) (1) To the maximum extent practicable, the Comptroller General shall provide for the inexpensive and expeditious resolution of protests under this subchapter. Except as provided under paragraph (2) of this subsection, the Comptroller General shall issue a final decision concerning a protest within 90 working days from the date the protest is submitted to the Comptroller General unless the Comptroller General determines and states in writing the reasons that the specific circumstances of the protest require a longer period. “(2) The Comptroller General shall, by regulation prescribed pursuant to section 3555 of this title, establish an express option for Post, p. 1202. deciding those protests which the Comptroller General determines suitable for resolution within 45 calendar days from the date the protest is submitted. “(3) The Comptroller General may dismiss a protest that the Comptroller General determines is frivolous or which, on its face, does not state a valid basis for protest. “(b) (1) With respect to a solicitation for a contract, or a proposed award or the award of a contract, protested under this subchapter, the Comptroller General may determine whether the solicitation, proposed award, or award complies with statute and regulation. If the Comptroller General determines that the solicitation, proposed award, or award does not comply with a statute or regulation, the Comptroller General shall recommend that the Federal agency— “(A) refrain from exercising any of its options under the contract; “(B) recompete the contract immediately; “(C) issue a new solicitation; “(D) terminate the contract; “(E) award a contract consistent with the requirements of such statute and regulation; “(F) implement any combination of recommendations under clauses (A), (B), (C), (D), and (E); or “(G) implement such other recommendations as the Comptroller General determines to be necessary in order to promote compliance with procurement statutes and regulations. “(2) If the head of the procuring activity responsible for a contract makes a finding under section 3553(d)(2)(A)(i) of this title, the Comp- Ante, p. 1200. troller General shall make recommendations under this subsection without regard to any cost or disruption from terminating, recompeting, or reawarding the contract. “(c) (1) If the Comptroller General determines that a solicitation for a contract or a proposed award cr the award of a contract does not comply with a statute or regulation, the Comptroller General may declare an appropriate interested party to be entitled to the costs of— “(A) filing and pursuing the protest, including reasonable attorneys’ fees; and “(B) bid and proposal preparation. “(2) Monetary awards to which a party is declared to be entitled under paragraph (1) of this subsection shall be paid promptly by the Federal agency concerned out of funds available to or for the use of the Federal agency for the procurement of property and services. “(d) Each decision of the Comptroller General under this subchapter shall be signed by the Comptroller General or a designee for that purpose. A copy of the decision shall be made available to the interested parties, the head of the procuring activity responsible for the solicitation, proposed award, or award of the contract, and the senior procurement executive of the Federal agency involved. “(e) (1) The head of the procuring activity responsible for the solicitation, proposed award, or award of the contract shall report to the Comptroller General, if the Federal agency has not fully implemented those recommendations within 60 days of receipt of the Comptroller General’s recommendations under subsection (b) of this section. “(2) Not later than January 31 of each year, the Comptroller General shall transmit to Congress a report describing each instance in which a Federal agency did not fully implement the Comptroller General’s recommendations during the preceding fiscal year. “§ 3555. Regulations; authority of Comptroller General to verify assertions “(a) Not later than January 15, 1985, the Comptroller General shall prescribe such procedures as may be necessary to the expeditious decision of protests under this subchapter, including procedures for accelerated resolution of protests under the express option Ante, p. 1201. authorized by section 3554(a)(2) of this title. Such procedures shall provide that the protest process may not be delayed by the failure of a party to make a filing within the time provided for the filing. “(b) The Comptroller General may use any authority available 31 USC 701 et seq. under chapter 7 of this title and this chapter to verify assertions made by parties in protests under this subchapter. “§ 3556. Nonexclusivity of remedies; matters included in agency record “This subchapter does not give the Comptroller General exclusive jurisdiction over protests, and nothing contained in this subchapter shall affect the right of any interested party to file a protest with the contracting agency or to file an action in a district court of the United States or the United States Claims Court. In any such action based on a procurement or proposed procurement with respect to which a protest has been filed under this subchapter, the reports Ante, p. 1200. required by sections 3553(b)(2) and 3554(e)(1) of this title with respect to such procurement or proposed procurement and any decision or recommendation of the Comptroller General under this subchapter with respect to such procurement or proposed procurement shall be considered to be part of the agency record subject to review.”.

2. 1994

   Pub. L. 103–355 § 1402(a)(1)(A) · 108 Stat. 3243

   Substituted · 31 U.S.C. § 3553(b)(1)

   Pub. L. 103–355, § 1402(a)(1)(A), substituted “one day after” for “one working day of”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 103–355, § 1402(a)(1)(A), substituted “one day after” for “one working day of”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking out “one working day of’ and inserting in lieu thereof “one day after”; and

3. 1994

   Pub. L. 103–355 § 1402(a)(1)(B)(i) · 108 Stat. 3243

   Substituted · 31 U.S.C. § 3553(b)(2)(A)

   Pub. L. 103–355, § 1402(a)(1)(B)(i), substituted “35 days after” for “25 working days from”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A). Pub. L. 103–355, § 1402(a)(1)(B)(i), substituted “35 days after” for “25 working days from”.

   Enacted provision · exact public law section
   (i) in subparagraph (A), by striking out “25 working days from” and inserting in lieu thereof “35 days after”; and

4. 1994

   Pub. L. 103–355 § 1402(a)(1)(B)(ii) · 108 Stat. 3243

   Substituted · 31 U.S.C. § 3553(b)(2)(C)

   Pub. L. 103–355, § 1402(a)(1)(B)(ii), substituted “20 days after” for “10 working days from”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(C). Pub. L. 103–355, § 1402(a)(1)(B)(ii), substituted “20 days after” for “10 working days from”.

   Enacted provision · exact public law section
   (ii) in subparagraph (C), by striking out “10 working days from” and inserting in lieu thereof “20 days after”; and

5. 1994

   Pub. L. 103–355 § 1402(a)(2) · 108 Stat. 3243

   Substituted · 31 U.S.C. § 3553(c)(3)

   Pub. L. 103–355, § 1402(a)(2), substituted “after the making of such finding” for “thereafter”

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 103–355, § 1402(a)(2), substituted “after the making of such finding” for “thereafter”.

   Enacted provision · exact public law section
   (2) in subsection (c)(3), by striking out “thereafter” and inserting in lieu thereof “after the making of such finding”,

6. 1994

   Pub. L. 103–355 § 1402(b) · 108 Stat. 3243

   Amended · 31 U.S.C. § 3553(d)

   Pub. L. 103–355, § 1402(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 103–355, § 1402(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

   “(d)(1) If a Federal agency receives notice of a protest under this section after the contract has been awarded but within 10 days of the date of the contract award, the Federal agency (except as provided under paragraph (2)) shall, upon receipt of that notice, immediately direct the contractor to cease performance under the contract and to suspend any related activities that may result in additional obligations being incurred by the United States under that contract. Performance of the contract may not be resumed while the protest is pending. “(2) The head of the procuring activity responsible for award of a contract may authorize the performance of the contract (notwithstanding a protest of which the Federal agency has notice under this section)— “(A) upon a written finding— “(i) that performance of the contract is in the best interests of the United States; or “(ii) that urgent and compelling circumstances that significantly affect interests of the United States will not permit waiting for the decision of the Comptroller General concerning the protest; and “(B) after the Comptroller General is notified of that finding.”

   Enacted provision · exact public law section
   (b) Suspension of Performance.— Subsection (d) of such section is amended to read as follows: “(d) (1) A contractor awarded a Federal agency contract may, during the period described in paragraph (4), begin performance of the contract and engage in any related activities that result in obligations being incurred by the United States under the contract unless the contracting officer responsible for the award of the contract withholds authorization to proceed with performance of the contract. “(2) The contracting officer may withhold an authorization to proceed with performance of the contract during the period described in paragraph (4) if the contracting officer determines in writing that— “(A) a protest is likely to be filed; and “(B) the immediate performance of the contract is not in the best interests of the United States. “(3) (A) If the Federal agency awarding the contract receives notice of a protest in accordance with this section during the period described in paragraph (4)— “(i) the contracting officer may not authorize performance of the contract to begin while the protest is pending; or “(ii) if authorization for contract performance to proceed was not withheld in accordance with paragraph (2) before receipt of the notice, the contracting officer shall immediately direct the contractor to cease performance under the contract and to suspend any related activities that may result in additional obligations being incurred by the United States under that contract. “(B) Performance and related activities suspended pursuant to subparagraph (A)(ii) by reason of a protest may not be resumed while the protest is pending. “(C) The head of the procuring activity may authorize the performance of the contract (notwithstanding a protest of which the Federal agency has notice under this section)— “(i) upon a written finding that— “(I) performance of the contract is in the best interests of the United States; or “(II) urgent and compelling circumstances that significantly affect interests of the United States will not permit waiting for the decision of the Comptroller General concerning the protest; and “(ii) after the Comptroller General is notified of that find— “(4) The period referred to in paragraphs (2) and (3)(A), with respect to a contract, is the period beginning on the date of the contract award and ending on the later of— “(A) the date that is 10 days after the date of the contract award; or “(B) the date that is 5 days after the debriefing date offered to an unsuccessful offeror for any debriefing that is requested and, when requested, is required. .

7. 1994

   Pub. L. 103–355 § 1403(c) · 108 Stat. 3243

   1. Amended · 31 U.S.C. § 3553(f)

      Pub. L. 103–355, § 1403(c), designated existing provisions as par. (1)

   2. Added · 31 U.S.C. § 3553(f)

      Pub. L. 103–355, § 1403(c), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 103–355, § 1403(c), designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (c) Restriction on Access to Certain Information.— Section 3553(f) of title 31, United States Code, is amended— (1) by inserting “(1)” after “(f)”; and (2) by adding at the end the following: “(2) (A) The Comptroller General may issue protective orders which establish terms, conditions, and restrictions for the provision of any document to a party under paragraph (1), that prohibit or restrict the disclosure by the party of information described in subparagraph (B) that is contained in such a document. “(B) Information referred to in subparagraph (A) is procurement sensitive information, trade secrets, or other proprietary or confidential research, development, or commercial information. “(C) A protective order under this paragraph shall not be considered to authorize the withholding of any document or information from Congress or an executive agency.”.

8. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 5501(1) · 110 Stat. 186

   Substituted · 31 U.S.C. § 3553(b)(2)(A)

   Pub. L. 104–106, § 5501(1), substituted “30 days” for “35 days”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A). Pub. L. 104–106, § 5501(1), substituted “30 days” for “35 days”.

   Enacted provision · exact public law section
   (1) Section 3553(b)(2)(A) is amended by striking out “35” and inserting in lieu thereof “30”.

9. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 4321(d)(2) · 110 Stat. 186

   Substituted · 31 U.S.C. § 3553(b)(3)

   Pub. L. 104–106, § 4321(d)(2), substituted “3554(a)(4)” for “3554(a)(3)”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 104–106, § 4321(d)(2), substituted “3554(a)(4)” for “3554(a)(3)”.

   Enacted provision · exact public law section
   (2) Section 3553(b)(3) is amended by striking out “3554(a)(3)” and inserting in lieu thereof “3554(a)(4)”.

10. 2004

    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 div. A title III § 326(c) · 118 Stat. 1811

    Added · 31 U.S.C. § 3553(g)

    Pub. L. 108–375 added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 108–375 added subsec. (g).

    Enacted provision · exact public law section
    (c) Intervention in Protest.— Section 3553 of such title is amended by adding at the end the following new subsection: “(g) If an interested party files a protest in connection with a public-private competition described in section 3551(2)(B) of this title, a person representing a majority of the employees of the Federal agency who are engaged in the performance of the activity or function subject to the public-private competition may intervene in protest.” .

    Effective date note
    Amendment by Pub. L. 108–375 applicable to protests filed under this subchapter that relate to studies initiated under Office of Management and Budget Circular A–76 on or after the end of the 90-day period beginning on Oct. 28, 2004, see section 326(d) of Pub. L. 108–375, set out as a note under section 3551 of this title.

11. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. A title VIII § 818(c) · 131 Stat. 1283

    1. Redesignated · 31 U.S.C. § 3553(d)(4)

       Pub. L. 115–91 redesignated existing provisions as subpar. (A) and former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A)

    2. Added · 31 U.S.C. § 3553(d)(4)

       Pub. L. 115–91 added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 115–91 redesignated existing provisions as subpar. (A) and former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and added subpar. (B).

    Enacted provision · exact public law section
    (c) Commencement of Post-briefing Period.— Section 3553(d)(4) of title 31, United States Code, is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) respectively; (2) by striking “The period” and inserting “(A) The period”; and (3) by adding at the end the following new subparagraph: “(B) For procurements conducted by any component of the Department of Defense, the 5-day period described in subparagraph (A)(ii) does not commence until the day the Government delivers to a disappointed offeror the written responses to any questions submitted pursuant to section 2305(b)(5)(B)(vii) of title 10.” .

12. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 div. A title XVII § 1702 · 135 Stat. 1541

    Substituted · 31 U.S.C. § 3553(d)(4)(B)

    Pub. L. 117–81 substituted “section 3304(c)(1)(G)” for “section 2305(b)(5)(B)(vii)”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(B). Pub. L. 117–81 substituted “section 3304(c)(1)(G)” for “section 2305(b)(5)(B)(vii)”.

    Enacted provision · exact public law section
    SEC. 1702. CONFORMING CROSS REFERENCE TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES. (a) Amendments to Title 10, United States Code.— Title 10, United States Code, is amended as follows: (1) Section 171a(i)(3) is amended by striking “2366a(d)” and inserting “4251(d)”. (2) Section 181(b)(6) is amended by striking “sections 2366a(b), 2366b(a)(4),” and inserting “sections 4251(b), 4252(a)(4),”. (3) Section 1734(c)(2) is amended by striking “section 2435(a)” and inserting “section 4214(a)”. (b) Amendments to Laws Classified as Notes in Title 10, United States Code.— (1) Section 801(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2302 note) is amended by striking “section 2545” and inserting “section 3001”. (2) Section 323(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2463 note) is amended by striking “section 235, 2330a, or 2463” and inserting “section 2463, 3137, or 4505”. (3) Section 8065 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 10 U.S.C. 2540 note), is amended— (A) by striking “subchapter VI of chapter 148” both places it appears and inserting “subchapter I of chapter 389”; and (B) by striking “section 2540c(d)” and inserting “section 4974(d)”. (c) Amendments to Laws Classified in Title 6, United States Code (homeland Security).— (1) Section 831(a)(1) of the Homeland Security Act of 2002 (6 U.S.C. 391(a)) is amended by striking “section 2371” and inserting “section 4021”. (2) Section 853(b) of such Act (6 U.S.C. 423(b)) is amended by striking paragraphs (1), (2), and (3) and inserting the following: “(1) Section 134 of title 41, United States Code. “(2) Section 153 of title 41, United States Code. “(3) Section 3015 of title 10, United States Code.” . (3) Section 855 of such Act (6 U.S.C. 425) is amended— (A) in subsection (a)(2), by striking subparagraphs (A), (B), and (C) and inserting the following: “(A) Sections 1901 and 1906 of title 41, United States Code. “(B) Section 3205 of title 10, United States Code. “(C) Section 3305 of title 41, United States Code.” ; and (B) in subsection (b)(1), by striking “provided in” and all that follows through “shall not” and inserting “provided in section 1901(a)(2) of title 41, United States Code, section 3205(a)(2) of title 10, United States Code, and section 3305(a)(2) of title 41, United States Code, shall not”. (4) Section 856(a) of such Act (6 U.S.C. 426(a)) is amended by striking paragraphs (1), (2), and (3) and inserting the following: “(1) Federal property and administrative services act of 1949.— In division C of subtitle I of title 41, United States Code: “(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3304 of such title, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section). “(B) Section 4106 of such title, relating to orders under task and delivery order contracts. “(2) Title 10, united states code.— In part V of subtitle A of title 10, United States Code: “(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3204, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section). “(B) Section 3406, relating to orders under task and delivery order contracts. “(3) Office of federal procurement policy act.— Paragraphs (1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41, United Sates Code, relating to inapplicability of a requirement for procurement notice.” . (5) Section 604(f) of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b(f)) is amended by striking “section 2304(g)” and inserting “section 3205”. (d) Amendments to Title 14, United States Code (coast Guard).— Title 14, United States Code, is amended as follows: (1) Section 308(c)(10)(B)(ii) is amended by striking “section 2547(c)(1)” and inserting “section 3104(c)(1)”. (2) Section 1137(b)(4) is amended by striking “section 2306b” and inserting “section 3501”. (3) Section 1906(b)(2) is amended by striking “chapter 137” and inserting “sections 3201 through 3205”. (e) Amendments to Laws Classified in Title 15, United States Code (commerce).— (1) Section 14(a) of the Metric Conversion Act of 1975 (15 U.S.C. 205l(a)) is amended— (A) in the first sentence, by striking “set forth in chapter 137” and all that follows through “et seq.),” and inserting “set forth in the provisions of title 10, United States Code, referred to in section 3016 of such title as ‘chapter 137 legacy provisions’, section 3453 of such title, division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code,”; (B) in the second sentence, by striking “under section 2377(c)” and all that follows through the period and inserting “under section 3453(c) of title 10, United States Code, and section 3307(d) of title 41, United States Code.”; and (C) in the third sentence, by striking “section 2377” and all that follows through “shall take” and inserting “section 3453 of title 10, United Sates Code, or section 3307(b) to (d) of title 41, United States Code, then the provisions of such sections 3453 or 3307(b) to (d) shall take”. (2) Section 8 of the Small Business Act (15 U.S.C. 637) is amended— (A) in subsection (g)(2), by striking “section 2304(c)” and inserting “section 3204(a)”; and (B) in subsection (h)— (i) in paragraph (1)(B), by striking “chapter 137” and inserting “sections 3201 through 3205”; and (ii) in paragraph (2), by striking “section 2304(f)(2)” and “section 2304(f)(1)”, and inserting “paragraphs (3) and (4) of section 3204(e)” and “section 3204(e)(1)”, respectively. (3) Section 9 of the Small Business Act (15 U.S.C. 638) is amended in subsection (r)(4)(A) by striking “section 2304” and inserting “sections 3201 through 3205”. (4) Section 884(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 15 U.S.C. 638 note) is amended by striking “section 2500” and inserting “section 4801”. (5) Section 15 of the Small Business Act (15 U.S.C. 644) is amended— (A) in subsection (k)— (i) in paragraph (17)(B), by striking “section 2318” and inserting “section 3249”; (ii) in paragraph (17)(C), by striking “chapter 142” and inserting “chapter 388”; and (iii) in paragraph (18), by striking “section 2784” and inserting “section 4754”; (B) in subsection (r)(2), by striking “section 2304c(b)” and inserting “section 3406(c)”; and (C) in subsections (u) and (v), by striking “chapter 142” and inserting “chapter 388”. (6) Section 16 of the Small Business Act (15 U.S.C. 645) is amended in subsection (d)(3) by striking “chapter 142” and inserting “chapter 388”. (7) Section 272 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100–180; 15 U.S.C. 4602) is amended in subsection (c) by striking “section 2306a” and inserting “chapter 271”. (f) Amendments to Titles 32, United States Code (national Guard) and 37, United States Code (pay and Allowances).— (1) Section 113 of title 32, United States Code, is amended in subsection (b)(1)(B) by striking “section 2304(c)” and inserting “section 3204(a)”. (2) Section 418 of title 37, United States Code, is amended in subsection (d)(2)(A)— (A) by striking “section 2533a” and inserting “section 4862”; and (B) by striking “chapter 137 of title 10” and inserting “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)”. (g) Amendments to Title 40, United States Code (public Buildings).— Title 40, United States Code, is amended as follows: (1) Section 113(e) is amended— (A) in paragraph (3)— (i) by striking “chapter 137” and inserting “section 3063”; and (ii) by striking “that chapter;” and inserting “the provisions of that title referred to in section 3016 of such title as ‘chapter 137 legacy provisions’;”; and (B) in paragraph (5), by striking “section 2535” and inserting “section 4881”. (2) Section 581(f)(1)(A) is amended by striking “section 2535” and inserting “section 4881”. (h) Amendments to Title 41, United States Code (public Contracts).— Title 41, United States Code, is amended as follows: (1) Section 1127(b) is amended by striking “section 2324(e)(1)(P)” and inserting “section 3744(a)(16)”. (2) Section 1303(a)(1) is amended by striking “chapters 4 and 137 of title 10” and inserting “chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)”. (3) Section 1502(b)(1)(B) is amended by striking “section 2306a(a)(1)(A)(i)” and inserting “section 3702(a)(1)(A)”. (4) Section 1708(b)(2)(A) is amended by striking “section 2304(c)” and inserting “section 3204(a)”. (5) Section 1712(b)(2)(B) is amended by striking “section 2304(c)” and inserting “section 3204(a)”. (6) Section 1901(e)(2) is amended by striking “section 2304(f)” and inserting “section 3204(e)”. (7) Section 1903 is amended— (A) in subsection (b)(3), by striking “section 2304(g)(1)(B)” and inserting “section 3205(a)(2)”; and (B) in subsection (c)(2)(B), by striking “section 2306a” and inserting “chapter 271”. (8) Section 1907(a)(3)(B)(ii) is amended by striking “section 2305(e) and (f)” and inserting “section 3308”. (9) Section 1909(e) is amended by striking “section 2784” and inserting “section 4754”. (10) Section 2101(2)(A) is amended by striking “section 2306a(h)” and inserting “section 3701”. (11) Section 2311 is amended by striking “section 2371” and inserting “section 4021”. (12) Section 3302 is amended— (A) in subsection (a)(3)— (i) in subparagraph (A), by striking “section 2302(2)(C)” and inserting “section 3012(3)”; and (ii) in subparagraph (B), by striking “sections 2304a to 2304d of title 10,” and inserting “chapter 245 of title 10”; (B) in subsection (c)(1)(A)(i), by striking “section 2304c(b)” and inserting “section 3406(c)”; and (C) in subsection (d)(1)(B), by striking “section 2304(f)(1)” and inserting “section 3204(e)(1)”. (13) Section 3307(e)(1) is amended by striking “chapter 140” and inserting “chapter 247”. (14) Section 4104 is amended— (A) in subsection (a), by striking “sections 2304a to 2304d” and inserting “chapter 245”; and (B) in subsection (b)— (i) in paragraph (1), by striking “sections 2304a to 2304d” and inserting “chapter 245”; (ii) in paragraph (2)(B), by striking “section 2304c(b)” and inserting “section 3406(c)”; and (iii) in paragraph (2)(C), by striking “section 2304c(c)” and inserting “section 3406(e)”. (i) Amendments to Laws Classified as Notes in Title 41, United States Code.— (1) Section 555 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 41 U.S.C. preceding 3101 note) is amended by striking “section 2305” in subsections (a)(4) and (c)(1) and inserting “sections 3206 through 3208 and sections 3301 through 3309”. (2) Section 846(f)(5) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 41 U.S.C. 1901 note) is amended by striking “section 2304” and inserting “sections 3201 through 3205”. (3) Section 811 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 41 U.S.C. 3304 note) is amended— (A) in subsection (a)(3), by striking “sections 2304(f)(1)(C) and 2304(l)” and inserting “sections 3204(e)(1)(C) and 3204(f)”; and (B) in subsection (c)— (i) in paragraph (1)(A), by striking “section 2304(f)(2)(D)(ii)” and inserting “section 3204(e)(4)(D)(ii)”; (ii) in paragraph (2)(A), by striking “section 2302(1)” and inserting “section 3004”; and (iii) in paragraph (3)(A), by striking “section 2304(f)(1)(B)” and inserting “section 3204(e)(1)(B)”. (j) Amendments to Laws Classified in Title 42, United States Code.— (1) The Public Health Service Act (Public Law 78–410) is amended— (A) in section 301(a)(7) (42 U.S.C. 241(a)(7)), by striking “sections 2353 and 2354” and inserting “sections 3861 and 4141”; and (B) in section 405(b)(1) (42 U.S.C. 284(b)(1)), by striking “section 2354” and inserting “section 3861”. (2) Section 403(a) of the Housing Amendments of 1955 (42 U.S.C. 1594(a)) is amended by striking “section 3 of the Armed Services Procurement Act of 1947” and inserting “chapters 221 and 241 of title 10, United States Code”. (3) Title II of the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1986 (Public Law 99–160), is amended by striking “section 2354” in the last proviso in the paragraph under the heading “National Science Foundation—Research and Related Activities” (42 U.S.C. 1887) and inserting “section 3861”. (4) Section 306(b)(2) of the Disaster Mitigation Act of 2000 (42 U.S.C. 5206(b)(2)) is amended by striking “section 2393(c)” and inserting “section 4654(c)”. (5) Section 801(c)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287) is amended by striking “section 2304c(d)” and all that follows and inserting “section 3406(d) of title 10, United States Code, and section 4106(d) of title 41, United States Code.”. (6) Section 3021(a) of the Energy Policy Act of 1992 (42 U.S.C. 13556) is amended by striking “chapter 137 of title 10” and inserting “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code)”. (k) Amendments to Laws Classified in Title 50, United States Code.— (1) Section 141(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 50 U.S.C. 1521a(a)) is amended by striking “section 2430” and inserting “section 4201”. (2) Section 502(a) of the National Emergencies Act (50 U.S.C. 1651(a)) is amended by striking paragraphs (1) through (5) and inserting the following: “(1) Chapters 1 to 11 of title 40, United States Code, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code. “(2) Section 3727(a)–(e)(1) of title 31, United States Code. “(3) Section 6305 of title 41, United States Code. “(4) Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431 et seq.). “(5) Section 3201(a) of title 10, United States Code.” . (3) The Atomic Energy Defense Act is amended as follows: (A) Sections 4217 and 4311 (50 U.S.C. 2537, 2577) are each amended in subsection (a)(2) by striking “section 2432” and inserting “section 4351”. (B) Section 4813 (50 U.S.C. 2794) is amended by striking “section 2500” in subsection (c)(1)(C) and inserting “section 4801”. (4) Section 107 of the Defense Production Act (50 U.S.C. 4517) is amended in subsection (b)(2)(B) by striking clauses (i) and (ii) and inserting the following: “(i) section 3203(a)(1)(B) or 3204(a)(3) of title 10, United States Code; “(ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41, United States Code; or” . (l) Other Amendments.— (1) Section 1473H of the National Agriculture Advanced Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319k) is amended by striking “section 2371” in subsections (b)(6)(A) and (d)(1)(B) and inserting “section 4021”. (2) Section 1301 of title 17, United States Code, is amended in subsection (a)(3) by striking “section 2320” and inserting “subchapter I of chapter 275”. (3) Section 21 of the Arms Export Control Act (22 U.S.C. 2761) is amended by striking “chapter 137” in subsection (l)(4) and subsection (m)(4) and inserting “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code)”. (4) Section 3 of the Foreign Direct Investment and International Financial Data Improvements Act of 1990 (Public Law 101–533; 22 U.S.C. 3142) is amended in subsection (c)(2) by striking “section 2505” and inserting “section 4816”. (5) Section 3553 of title 31, United States Code, is amended in subsection (d)(4)(B) by striking “section 2305(b)(5)(B)(vii)” and inserting “section 3304(c)(1)(G)”. (6) Section 226 of the Water Resources Development Act of 1992 (33 U.S.C. 569f) is amended by striking “section 2393(c)” and inserting “section 4654(c)”. (7) Section 40728B(e) of title 36, United States Code, is amended— (A) striking “subsection (k) of section 2304” and inserting “section 3201(e)”; and (B) by striking “subsection (c) of such section” and inserting “section 3204(a)”. (8) Section 1427(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 40 U.S.C. 1103 note) is amended by striking “sections 2304a and 2304b” and inserting “sections 3403 and 3405”. (9) Section 895(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 40 U.S.C. 11103 note) is amended by striking “section 2366a(d)(7)” and inserting “section 4251(d)(5)”. (10) Sections 50113(c), 50115(b), and 50132(a) of title 51, United States Code, are amended by striking “including chapters 137 and 140” and inserting “including applicable provisions of chapters 201 through 285, 341 through 343, and 363”. (11) Section 823(c)(3)(C) of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (Public Law 115–10; 51 U.S.C. preceding 30301 note) is amended by striking “section 2319” and inserting “section 3243”.

14 of 14 references resolved to an enrolled provision