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Title 40 — Public Buildings, Property, and Works

Chapter 111 — General

§ 11101. Definitions

Statutory text

In this subtitle, the following definitions apply:

(1)

Commercial product.—

The term “commercial product” has the meaning given that term in section 103 of title 41.

(2)

Executive agency.—

The term “executive agency” has the meaning given that term in section 133 of title 41.

(3)

Information resources.—

The term “information resources” has the meaning given that term in section 3502 of title 44.

(4)

Information resources management.—

The term “information resources management” has the meaning given that term in section 3502 of title 44.

(5)

Information system.—

The term “information system” has the meaning given that term in section 3502 of title 44.

(6)

Information technology.—

The term “information technology”—

(A)

with respect to an executive agency means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i)

of that equipment; or

(ii)

of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(B)

includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(C)

does not include any equipment acquired by a federal contractor incidental to a federal contract.

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. Pub. L. 107–217 · 116 Stat. 1062

    Enacted · 40 U.S.C. § 11101

    Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1235

    Source evidence

    Code source credit
    Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1235

  2. Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004

    Pub. L. 108–199 § 535(b)(1) · 118 Stat. 3

    Inserted · 40 U.S.C. § 11101(6)(A)

    Pub. L. 108–199, § 535(b)(1), inserted “analysis, evaluation,” after “storage,”

    Source evidence

    Code amendment note
    Par. (6)(A). Pub. L. 108–199, § 535(b)(1), inserted “analysis, evaluation,” after “storage,”.

    Enacted provision · exact public law section
    Sec. 535. ARAB LEAGUE BOYCOTT OF ISRAEL It is the sense of the Congress that— (1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to United States investment and trade in the Middle East and North Africa; (2) the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded; (3) the three Arab League countries with diplomatic and trade relations with Israel should return their ambassadors to Israel, should refrain from downgrading their relations with Israel, and should play a constructive role in securing a peaceful resolution of the Israeli-Arab conflict; (4) the remaining Arab League states should normalize relations with their neighbor Israel; (5) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel and find concrete steps to demonstrate that opposition by, for example, taking into consideration the participation of any recipient country in the boycott when determining to sell weapons to said country; and (6) the President should report to Congress annually on specific steps being taken by the United States to encourage Arab League states to normalize their relations with Israel to bring about the termination of the Arab League boycott of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses from complying with the boycott and penalizing businesses that do comply.

  3. Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004

    Pub. L. 108–199 § 535(b)(2) · 118 Stat. 3

    Substituted · 40 U.S.C. § 11101(6)(B)

    Pub. L. 108–199, § 535(b)(2), substituted “ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer,” for “ancillary equipment,”

    Source evidence

    Code amendment note
    Par. (6)(B). Pub. L. 108–199, § 535(b)(2), substituted “ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer,” for “ancillary equipment,”.

    Enacted provision · exact public law section
    Sec. 535. ARAB LEAGUE BOYCOTT OF ISRAEL It is the sense of the Congress that— (1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to United States investment and trade in the Middle East and North Africa; (2) the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded; (3) the three Arab League countries with diplomatic and trade relations with Israel should return their ambassadors to Israel, should refrain from downgrading their relations with Israel, and should play a constructive role in securing a peaceful resolution of the Israeli-Arab conflict; (4) the remaining Arab League states should normalize relations with their neighbor Israel; (5) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel and find concrete steps to demonstrate that opposition by, for example, taking into consideration the participation of any recipient country in the boycott when determining to sell weapons to said country; and (6) the President should report to Congress annually on specific steps being taken by the United States to encourage Arab League states to normalize their relations with Israel to bring about the termination of the Arab League boycott of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses from complying with the boycott and penalizing businesses that do comply.

  4. Pub. L. 111–350 § 5 · 124 Stat. 3677

    Substituted · 40 U.S.C. § 11101(1)

    Pub. L. 111–350, § 5(l)(24)(A), substituted “section 103 of title 41” for “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 111–350, § 5(l)(24)(A), substituted “section 103 of title 41” for “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)”.

    Enacted provision · exact public law section
    SEC. 5. CONFORMING CROSS-REFERENCES. (a) Title 5.— Title 5, United States Code, is amended as follows: (1) In section 504(b)(1)(C)(ii)— (A) strike “section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605)” and substitute “section 7103 of title 41”; and (B) strike “section 8 of that Act (41 U.S.C. 607)” and substitute “section 7105 of title 41”. (2) In section 551(1)(H), strike “chapter 2 of title 41;”. (3) In section 701(b)(1)(H), strike “chapter 2 of title 41;”. (4) In section 3109(b)(3), strike “section 5” and substitute “section 6101(b) to (d)”. (5) In section 3374(c)(2), strike “section 27 of the Office of Federal Procurement Policy Act” and substitute “chapter 21 of title 41”. (6) In section 3704(b)(2)(G), strike “section 27 of the Office of Federal Procurement Policy Act” and substitute “chapter 21 of title 41”. (7) In section 4105, strike “section 5” and substitute “section 6101(b) to (d)”. (8) In section 5102(c)(30), strike “section 8 of the Contract Disputes Act of 1978” and substitute “section 7105(a)(2), (c)(2), or (d)(2) of title 41”. (9) In section 5372a— (A) in subsection (a)(1)— (i) strike “section 8 of the Contract Disputes Act of 1978” and substitute “section 7105(a)(2), (c)(2), or (d)(2) of title 41”; and (ii) strike “section 42 of the Office of Federal Procurement Policy Act” and substitute “section 7105(b)(2) of title 41”; and (B) in subsection (a)(2), strike “section 8 of the Contract Disputes Act of 1978” and substitute “section 7105(a)(1), (c)(1), or (d)(1) of title 41”. (10) In section 7342(e)(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”. (11) In section 8709(a), strike “section 5” and substitute “section 6101(b) to (d)”. (12) In section 8714a(a), strike “section 5” and substitute “section 6101(b) to (d)”. (13) In section 8714b(a), strike “section 5” and substitute “section 6101(b) to (d)”. (14) In section 8714c(a), strike “section 5” and substitute “section 6101(b) to (d)”. (15) In section 8902(a), strike “section 5” and substitute “section 6101(b) to (d)”. (16) In section 8953(a)(1), strike “section 5” and substitute “section 6101(b) to (d)”. (17) In section 8983(a)(1), strike “section 5” and substitute “section 6101(b) to (d)”. (18) In section 9003— (A) in subsection (a), strike “section 5” and substitute “section 6101(b) to (d)”; (B) in subsection (c)(3), before subparagraph (A), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”; (C) in subsection (c)(3)(A), strike “(after appropriate arrangements, as described in section 8(c) of such Act)”; and (D) in subsection (c)(3)(B), strike “section 10(a)(1) of such Act” and substitute “section 7104(b)(1) of title 41”. (19) In section 9009, strike “section 26(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f))” and substitute “section 1502(a) and (b) of title 41”. (b) Title 10.— Title 10, United States Code, is amended as follows: (1) In section 133(c)(1), strike “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))” and substitute “section 1702(c) of title 41”. (2) In section 2013(a), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b)–(d) of title 41”. (3) In section 2194(b)(2), 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 2201— (A) in subsection (b), strike “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))” and substitute “section 6301(a) and (b)(1)–(3) of title 41”; and (B) in subsection (c), strike “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))” and substitute “section 6301(a) and (b)(1)–(3) of title 41”. (5) In section 2207(b), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))” and substitute “section 134 of title 41”. (6) In section 2225(f)— (A) in paragraph (1), strike “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))” and substitute “section 1702(c) of title 41”; and (B) in paragraph (2), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))” and substitute “section 134 of title 41”. (7) In section 2226(b), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and substitute “section 103 of title 41”. (8) In section 2302— (A) in paragraph (3), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “chapter 1 of title 41”; (B) in paragraph (6), strike “section 25(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1))” and substitute “section 1303(a)(1) of title 41”; and (C) in paragraph (7), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 134 of title 41”. (9) In section 2302a— (A) in subsection (a), strike “section 4(11) of the Office of Federal Procurement Policy Act” and substitute “section 134 of title 41”; and (B) in subsection (b), strike “section 33 of the Office of Federal Procurement Policy Act” and substitute “section 1905 of title 41”. (10) In section 2302b, strike “section 31 of the Office of Federal Procurement Policy Act” and substitute “section 1901 of title 41”. (11) In section 2302c— (A) in subsection (a)(1), strike “section 30 of the Office of Federal Procurement Policy Act (41 U.S.C. 426)” and substitute “section 2301 of title 41”; and (B) in subsection (b), strike “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))” and substitute “section 1702(c) of title 41”. (12) In section 2304— (A) in subsection (f)(1)(B)(iii), strike “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))” and substitute “section 1702(c) of title 41”; (B) in subsection (f)(1)(C), strike “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” and substitute “section 1708 of title 41”; (C) in subsection (f)(2)(D), strike “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)” and substitute “chapter 85 of title 41”; (D) in subsection (g)(4), strike “section 31(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 427)” and substitute “section 1901(e) of title 41”; and (E) in subsection (h)(1), strike “The Walsh-Healey Act (41 U.S.C. 35 et seq.)” and substitute “Chapter 65 of title 41”. (13) In section 2304b— (A) in subsection (c), strike “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” and substitute “section 1708 of title 41”; and (B) in subsection (f)(3), strike “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” and substitute “section 1708 of title 41”. (14) In section 2304c(a)(1), strike “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” and substitute “section 1708 of title 41”. (15) In section 2306a(h)(3), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and substitute “section 103 of title 41”. (16) In section 2314, strike “Sections 3709 and 3735 of the Revised Statutes (41 U.S.C. 5 and 13)” and substitute “Sections 6101(b)–(d) and 6304 of title 41”. (17) In section 2318— (A) in subsection (a)(1), strike “section 20(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 418(a))” and substitute “section 1705(a) of title 41”; and (B) in subsection (a)(2), strike “sections 20(b) and 20(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 418(b), (c))” and substitute “section 1705(b) and (c) of title 41”. (18) In section 2321(h), strike “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)” and substitute “chapter 71 of title 41”. (19) In section 2324— (A) in subsection (d)(1), strike “section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605)” and substitute “section 7103 of title 41”; (B) in subsection (d)(2), strike “section 7 of such Act (41 U.S.C. 606)” and substitute “section 7104(a) of title 41”; (C) in subsection (e)(1)(P), strike “section 39 of the Office of Federal Procurement Policy Act (41 U.S.C. 435)” and substitute “section 1127 of title 41”; and (D) in subsection (e)(2)(C), strike “(41 U.S.C. 10b–1)” and substitute “(as added by section 7002(2) of the Omnibus Trade and Competitiveness Act of 1988)”. (20) In section 2343, strike “section 3741 of the Revised Statutes (41 U.S.C. 22)” and substitute “section 6306 of title 41”. (21) In section 2375(b), strike “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)” and substitute “section 1906 of title 41”. (22) In section 2376(1), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “chapter 1 of title 41”. (23) In section 2384— (A) in subsection (b)(2), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”; and (B) in subsection (b)(3), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”. (24) In section 2393(d)— (A) strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”; and (B) strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”. (25) In section 2402— (A) in subsection (c), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”; and (B) in subsection (d)(2), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and substitute “section 103 of title 41”. (26) In section 2408— (A) in subsection (a)(4)(A), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”; and (B) in subsection (a)(4)(B), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”. (27) In section 2410(c), strike “section 4(11) of the Office of Federal Procurement Policy Act” and substitute “section 134 of title 41”. (28) In section 2410b(c), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”. (29) In section 2410d— (A) in subsection (b)(2)(A), strike “section 5(3) of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(3))” and substitute “section 8501(7) of title 41”; (B) in subsection (b)(2)(B), strike “handicapped, as defined in section 5(4) of such Act (41 U.S.C. 48b(4))” and substitute “disabled, as defined in section 8501(6) of title 41”; and (C) in subsection (b)(2)(C), strike “section 2(c) of such Act (41 U.S.C. 47(c))” and substitute “section 8503(c) of title 41”. (30) In section 2410g(d)(1), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”. (31) In section 2410i(b)(1), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”. (32) In section 2410m— (A) in subsection (a), before paragraph (1), strike “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)” and substitute “chapter 71 of title 41”; (B) in subsection (a)(2), strike “section 7 of such Act (41 U.S.C. 606)” and substitute “section 7104(a) of title 41”; and (C) in subsection (b)(1)(A), strike “section 10(a) of the Contract Disputes Act of 1978 (41 U.S.C. 609(a))” and substitute “section 7104(b) of title 41”. (33) In section 2457(e), strike “section 2 of the Buy American Act (41 U.S.C. 10a)” and substitute “section 8302 of title 41”. (34) In section 2461(c)(1), strike “section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47)” and substitute “section 8503 of title 41”. (35) In section 2485(b)(1), strike “section 4(6) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(6))” and substitute “section 107 of title 41”. (36) In the chapter analysis for subchapter V of chapter 148, in the item for section 2533, strike “the Buy American Act” and substitute “chapter 83 of title 41”. (37) In section 2533— (A) in the section catchline, strike “the Buy American Act” and substitute “chapter 83 of title 41”; and (B) in subsection (a), strike “section 2 of the Buy American Act (41 U.S.C. 10a)” and substitute “section 8302 of title 41”. (38) In section 2533a(i), strike “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)” and substitute “section 1906 of title 41”. (39) In section 2533b— (A) in subsection (h), strike “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)” and substitute “section 1906 of title 41”; and (B) in subsection (j), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 105 of title 41”. (40) In section 2534(g)(2), strike “section 33 of the Office of Federal Procurement Policy Act (41 U.S.C. 429)” and substitute “section 1905 of title 41”. (41) In section 2562(a)(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”. (42) In section 2576(a), 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”. (43) In section 2636(b)(3), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))” and substitute “section 134 of title 41”. (44) In section 2667(f)(1), strike “Notwithstanding subsection (a)(3) 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)” and substitute “Notwithstanding subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 (to the extent those provisions are inconsistent with this subsection) or subsection (a)(2) of this section”. (45) In section 2664(a), strike “title III of the Federal Property and Administrative Services Act of 1949, as amended (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”. (46) In section 2691(b), 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”. (47) In section 2696(a), 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”. (48) In section 2836(g), strike “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)” and substitute “chapter 71 of title 41”. (49) In section 2854a(d)(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”. (50) In section 2878(d)(2), 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”. (51) In the chapter analysis for chapter 633, in the item for section 7299, strike “Walsh-Healey Act” and substitute “chapter 65 of title 41”. (52) In section 7299— (A) in the heading, strike “Walsh-Healey Act” and substitute “chapter 65 of title 41”; and (B) strike “the Walsh-Healey Act (41 U.S.C. 35 et seq.)” and substitute “chapter 65 of title 41”. (53) In section 7305(d)— (A) 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”; and (B) strike “under subtitle I of title 40 and such title III” and substitute “under those provisions”. (54) In section 9444(b)(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”. (55) In section 9781(g), 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”. (c) Title 14.— Title 14, United States Code, is amended as follows: (1) In section 92(d), 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”. (2) In section 93(h), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (3) In section 641(a), 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”. (d) Title 18.— Title 18, United States Code, is amended as follows: (1) In section 3672, strike “section 3709 of the Revised Statutes of the United States” and substitute “section 6101(b) to (d) of title 41”. (2) In section 4124(c), strike “section 6(d)(4) of the Office of Federal Procurement Policy Act” and substitute “section 1122(a)(4) of title 41”. (e) Title 23.— Title 23, United States Code, is amended as follows: (1) In section 140— (A) in subsection (b), strike “section 3709 of the Revised Statutes, as amended (41 U.S.C. 5),” and substitute “section 6101(b) to (d) of title 41”; and (B) in subsection (c)— (i) strike “section 3709 of the Revised Statutes, as amended (41 U.S.C. 5),” and substitute “section 6101(b) to (d) of title 41”; and (ii) strike “section 302(e) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252(e))” and substitute “section 3106 of title 41”. (2) In section 502(c)(5), strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (f) The Internal Revenue Code of 1986.— Section 7608(c)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 7608(c)(1)) is amended— (1) in subparagraph (A)(i)(II), by striking “sections 11(a) and 22” and substituting “sections 6301(a) and (b)(1)–(3) and 6306”; (2) in subparagraph (A)(i)(III), by striking “section 255” and substituting “chapter 45”; and (3) in subparagraph (A)(i)(V), by striking “section 254(a) and (c)” and substituting “section 3901”. (g) Title 28.— Title 28, United States Code, is amended as follows: (1) In the last sentence of section 524(c)(1), strike “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5), title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 and following)” and substitute “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”. (2) In section 604(a)(10)(C), strike “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (3) In section 624(3), strike “section 3709 of the Revised Statutes, as amended (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (4) In section 753(g), strike “section 3709 of the Revised Statutes of the United States, as amended (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (5) In section 1295— (A) in subsection (a)(10), strike “section 8(g)(1) of the Contract Disputes Act of 1978 (41 U.S.C. 607(g)(1))” and substitute “section 7107(a)(1) of title 41”; (B) in subsection (b), strike “section 10(b) of the Contract Disputes Act of 1978 (41 U.S.C. 609(b))” and substitute “section 7107(b) of title 41”; and (C) in subsection (c), strike “section 10(b) of the Contract Disputes Act of 1978” and substitute “section 7107(b) of title 41”. (6) In section 1346(a)(2), strike “sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978” and substitute “sections 7104(b)(1) and 7107(a)(1) of title 41”. (7) In section 1491(a)(2), strike “section 10(a)(1) of the Contract Disputes Act of 1978” and substitute “section 7104(b)(1) of title 41”. (8) In section 2401(a), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”. (9) In section 2412— (A) in subsection (d)(2)(E), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”; and (B) in subsection (d)(3), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”. (10) In section 2414, strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”. (11) In section 2517(a), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”. (h) Title 31.— Title 31, United States Code, is amended as follows: (1) In section 506, strike “section 5(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 404(a))” and substitute “section 1101(a) of title 41”. (2) In section 731(i)(7), strike “section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423)” and substitute “chapter 21 of title 41”. (3) In section 781(c)(1), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (4) Section 1344(h)(2)(A) is amended to read as follows: “(A) a department— “(i) including independent establishments, other agencies, and wholly owned Government corporations; but “(ii) not including the Senate, House of Representatives, or Architect of the Capitol, or the officers or employees thereof;” . (5) In section 3567, strike “section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1))” and substitute “section 133 of title 41”. (6) In section 3718(b)(1)(A), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 and following)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (7) In section 3902(a), strike “section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)” and substitute “section 7109(a)(1) and (b) of title 41”. (8) In section 3907— (A) in subsection (a), strike “section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605)” and substitute “section 7103 of title 41”; (B) in subsection (b)(1)(A), strike “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)” and substitute “chapter 71 of title 41”; (C) in subsection (b)(2)— (i) strike “section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)” and substitute “section 7109(a)(1) and (b) of title 41”; and (ii) in the second sentence, strike “section 12” and substitute “section 7109(a)(1) and (b)”; and (D) in subsection (c), strike “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)” and substitute “chapter 71 of title 41”. (9) In section 6202(c)(2), strike “section 6(d)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(d)(5))” and substitute “section 1122(a)(4) of title 41”. (10) In section 9703(b)(3), as added by section 638(b)(1) of the Act of October 6, 1992 (Public Law 102–393, 106 Stat. 1779), strike “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5), 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, section 6101(b) to (d) of title 41”. (i) Title 35.— Title 35, United States Code, is amended as follows: (1) In section 2(b)(4)(A), 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”. (2) In section 203(b), strike “the Contract Disputes Act (41 U.S.C. § 601 et seq.)” and substitute “chapter 71 of title 41”. (j) Title 38.— Title 38, United States Code, is amended as follows: (1) In section 1720(c)(2), strike “section 2(b)(1) of the Service Contract Act of 1965 (41 U.S.C. 351(b)(1))” and substitute “section 6704(a) of title 41”. (2) In section 1966(a), strike “section 3709 of the Revised Statutes, as amended (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (3) In section 3720(b), 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 7317(f), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (5) In section 7802(f), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (6) In section 8122— (A) in subsection (a)(1), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”; and (B) in subsection (c)— (i) strike “(41 U.S.C. 252(c))”; and (ii) strike “section 304 of that Act (41 U.S.C. 254)” and substitute “sections 3901 and 3905 of title 41”. (7) In section 8127— (A) in subsection (b), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 134 of title 41”; and (B) in subsection (c)(2), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 134 of title 41”. (8) In section 8153(a)— (A) in paragraph (3)(B)(ii), strike “section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b)” and substitute “section 1707 of title 41”; and (B) in paragraph (3)(D), strike “section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f))” and substitute “section 3304(e) of title 41”. (9) In section 8201(e), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (k) Title 39.— Section 410(b) of title 39, United States Code, is amended by striking paragraph (5) and substituting— “(5) chapters 65 and 67 of title 41;” . (l) Title 40.— Title 40, United States Code, is amended as follows: (1) In the chapter analysis for chapter 1, in item 111, strike “Federal Property and Administrative Services Act of 1949” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (2) In section 102, before paragraph (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”. (3) In section 111— (A) in the section catchline, strike “Federal Property and Administrative Services Act of 1949” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”; and (B) before paragraph (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”. (4) In section 113(b)— (A) in the heading, strike “the Office of Federal Procurement Policy Act” and substitute “Division B (Except Sections 1704 and 2303) of Subtitle I of Title 41”; and (B) strike “the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and substitute “division B (Except Sections 1704 and 2303) of subtitle I of title 41”. (5) In section 311— (A) in subsection (a), 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”; and (B) in subsection (b), 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”. (6) In section 501(b)(2)(B), strike “the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and substitute “division B (except sections 1704 and 2303) of subtitle I of title 41”. (7) In section 502— (A) in subsection (b)(1)(A)(i), strike “section 5(3) of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(3))” and substitute “section 8501(7) of title 41”; (B) in subsection (b)(1)(A)(ii), strike “handicapped (as defined in section 5(4) of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(4)))” and substitute “disabled (as defined in section 8501(6) of title 41)”; (C) in subsection (b)(1)(B), strike “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)” and substitute “chapter 85 of title 41”; and (D) in subsection (b)(2), strike “section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47)” and substitute “section 8503 of title 41”. (8) In section 503(b)— (A) in paragraph (1), strike “the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and substitute “division B (except sections 1704 and 2303) of subtitle I of title 41”; and (B) in paragraph (3)— (i) in the heading, strike “Section 3709 of revised statutes” and substitute “Section 6101(b) to (d) of title 41”; and (ii) strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (9) In section 506(a)(1)(D), strike “the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and substitute “division B (except sections 1704 and 2303) of subtitle I of title 41”. (10) In section 545(f), strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b)–(d) of title 41”. (11) In section 593(a)(2), strike “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)” and substitute “chapter 85 of title 41”. (12) In section 1305, 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”. (13) In section 1308, 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”. (14) In section 3148, strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (15) In section 3304(d)(2), 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”. (16) In section 3305(a)— (A) in paragraph (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”; and (B) in paragraph (2), 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”. (17) In section 3308(a), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (18) In section 3310(2), strike “section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253)” and substitute “sections 3105, 3301, and 3303 to 3305 of title 41”. (19) In section 3701(b)(3)(A)(ii), strike “the Walsh-Healey Act (41 U.S.C. 35 et seq.)” and substitute “chapter 65 of title 41”. (20) In section 3704(b)(1), strike “sections 4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39)” and substitute “sections 6506 and 6507 of title 41”. (21) In section 3707, strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 103 of title 41”. (22) In section 6111(b)(2)(D), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (23) In section 8711(d), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (24) In section 11101— (A) in paragraph (1), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 103 of title 41”; and (B) in paragraph (2), strike “section 4 of the Act (41 U.S.C. 403)” and substitute “section 133 of title 41”. (m) Title 44.— Title 44, United States Code, is amended as follows: (1) In the chapter analysis for chapter 3, in the item for section 311, strike “the Federal Property and Administrative Services Act” and substitute “subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (2) In section 311— (A) in the section catchline, strike “the Federal Property and Administrative Services Act” and substitute “subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”; (B) in subsection (a), 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”; and (C) in subsection (c), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (n) Title 46.— Section 51703(b)(2) of title 46, United States Code, is amended by striking “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substituting “section 6101(b) to (d) of title 41”. (o) Title 49.— Title 49, United States Code, is amended as follows: (1) In section 103(e), 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”. (2) In section 1113(b)(1)(B) strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (3) In section 5334(j)(2), strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (4) In section 10721, strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (5) In section 13712, strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (6) In section 15504, strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (7) In section 40110— (A) in subsection (d)(2)(A), strike “Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252–266)” and substitute “Division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”; (B) in subsection (d)(2)(B), strike “The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and substitute “Division B (except sections 1704 and 2303) of subtitle I of title 41”; (C) in subsection (d)(2)(C), strike “, except for section 315 (41 U.S.C. 265). For the purpose of applying section 315 of that Act to the system,” and substitute “. However, section 4705 of title 41 shall apply to the new acquisition management system developed and implemented pursuant to paragraph (1). For the purpose of applying section 4705 of title 41 to the system,”; and (D) in subsection (d)(3)— (i) in the heading, strike “the office of federal procurement policy act” and substitute “division b (except sections 1704 and 2303) of subtitle i of title 41”; (ii) before subparagraph (A), strike “section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423)” and substitute “chapter 21 of title 41”; and (iii) in subparagraph (A), strike “Subsections (f) and (g)” and substitute “Sections 2101 and 2106 of title 41”. (8) In section 40118(f)(2), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and substitute “section 103 of title 41”. (9) In section 47305(d), strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”.

  5. Pub. L. 111–350 § 5 · 124 Stat. 3677

    Substituted · 40 U.S.C. § 11101(2)

    Pub. L. 111–350, § 5(l)(24)(B), substituted “section 133 of title 41” for “section 4 of the Act (41 U.S.C. 403)”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 111–350, § 5(l)(24)(B), substituted “section 133 of title 41” for “section 4 of the Act (41 U.S.C. 403)”.

    Enacted provision · exact public law section
    SEC. 5. CONFORMING CROSS-REFERENCES. (a) Title 5.— Title 5, United States Code, is amended as follows: (1) In section 504(b)(1)(C)(ii)— (A) strike “section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605)” and substitute “section 7103 of title 41”; and (B) strike “section 8 of that Act (41 U.S.C. 607)” and substitute “section 7105 of title 41”. (2) In section 551(1)(H), strike “chapter 2 of title 41;”. (3) In section 701(b)(1)(H), strike “chapter 2 of title 41;”. (4) In section 3109(b)(3), strike “section 5” and substitute “section 6101(b) to (d)”. (5) In section 3374(c)(2), strike “section 27 of the Office of Federal Procurement Policy Act” and substitute “chapter 21 of title 41”. (6) In section 3704(b)(2)(G), strike “section 27 of the Office of Federal Procurement Policy Act” and substitute “chapter 21 of title 41”. (7) In section 4105, strike “section 5” and substitute “section 6101(b) to (d)”. (8) In section 5102(c)(30), strike “section 8 of the Contract Disputes Act of 1978” and substitute “section 7105(a)(2), (c)(2), or (d)(2) of title 41”. (9) In section 5372a— (A) in subsection (a)(1)— (i) strike “section 8 of the Contract Disputes Act of 1978” and substitute “section 7105(a)(2), (c)(2), or (d)(2) of title 41”; and (ii) strike “section 42 of the Office of Federal Procurement Policy Act” and substitute “section 7105(b)(2) of title 41”; and (B) in subsection (a)(2), strike “section 8 of the Contract Disputes Act of 1978” and substitute “section 7105(a)(1), (c)(1), or (d)(1) of title 41”. (10) In section 7342(e)(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”. (11) In section 8709(a), strike “section 5” and substitute “section 6101(b) to (d)”. (12) In section 8714a(a), strike “section 5” and substitute “section 6101(b) to (d)”. (13) In section 8714b(a), strike “section 5” and substitute “section 6101(b) to (d)”. (14) In section 8714c(a), strike “section 5” and substitute “section 6101(b) to (d)”. (15) In section 8902(a), strike “section 5” and substitute “section 6101(b) to (d)”. (16) In section 8953(a)(1), strike “section 5” and substitute “section 6101(b) to (d)”. (17) In section 8983(a)(1), strike “section 5” and substitute “section 6101(b) to (d)”. (18) In section 9003— (A) in subsection (a), strike “section 5” and substitute “section 6101(b) to (d)”; (B) in subsection (c)(3), before subparagraph (A), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”; (C) in subsection (c)(3)(A), strike “(after appropriate arrangements, as described in section 8(c) of such Act)”; and (D) in subsection (c)(3)(B), strike “section 10(a)(1) of such Act” and substitute “section 7104(b)(1) of title 41”. (19) In section 9009, strike “section 26(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f))” and substitute “section 1502(a) and (b) of title 41”. (b) Title 10.— Title 10, United States Code, is amended as follows: (1) In section 133(c)(1), strike “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))” and substitute “section 1702(c) of title 41”. (2) In section 2013(a), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b)–(d) of title 41”. (3) In section 2194(b)(2), 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 2201— (A) in subsection (b), strike “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))” and substitute “section 6301(a) and (b)(1)–(3) of title 41”; and (B) in subsection (c), strike “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))” and substitute “section 6301(a) and (b)(1)–(3) of title 41”. (5) In section 2207(b), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))” and substitute “section 134 of title 41”. (6) In section 2225(f)— (A) in paragraph (1), strike “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))” and substitute “section 1702(c) of title 41”; and (B) in paragraph (2), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))” and substitute “section 134 of title 41”. (7) In section 2226(b), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and substitute “section 103 of title 41”. (8) In section 2302— (A) in paragraph (3), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “chapter 1 of title 41”; (B) in paragraph (6), strike “section 25(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1))” and substitute “section 1303(a)(1) of title 41”; and (C) in paragraph (7), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 134 of title 41”. (9) In section 2302a— (A) in subsection (a), strike “section 4(11) of the Office of Federal Procurement Policy Act” and substitute “section 134 of title 41”; and (B) in subsection (b), strike “section 33 of the Office of Federal Procurement Policy Act” and substitute “section 1905 of title 41”. (10) In section 2302b, strike “section 31 of the Office of Federal Procurement Policy Act” and substitute “section 1901 of title 41”. (11) In section 2302c— (A) in subsection (a)(1), strike “section 30 of the Office of Federal Procurement Policy Act (41 U.S.C. 426)” and substitute “section 2301 of title 41”; and (B) in subsection (b), strike “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))” and substitute “section 1702(c) of title 41”. (12) In section 2304— (A) in subsection (f)(1)(B)(iii), strike “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))” and substitute “section 1702(c) of title 41”; (B) in subsection (f)(1)(C), strike “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” and substitute “section 1708 of title 41”; (C) in subsection (f)(2)(D), strike “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)” and substitute “chapter 85 of title 41”; (D) in subsection (g)(4), strike “section 31(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 427)” and substitute “section 1901(e) of title 41”; and (E) in subsection (h)(1), strike “The Walsh-Healey Act (41 U.S.C. 35 et seq.)” and substitute “Chapter 65 of title 41”. (13) In section 2304b— (A) in subsection (c), strike “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” and substitute “section 1708 of title 41”; and (B) in subsection (f)(3), strike “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” and substitute “section 1708 of title 41”. (14) In section 2304c(a)(1), strike “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” and substitute “section 1708 of title 41”. (15) In section 2306a(h)(3), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and substitute “section 103 of title 41”. (16) In section 2314, strike “Sections 3709 and 3735 of the Revised Statutes (41 U.S.C. 5 and 13)” and substitute “Sections 6101(b)–(d) and 6304 of title 41”. (17) In section 2318— (A) in subsection (a)(1), strike “section 20(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 418(a))” and substitute “section 1705(a) of title 41”; and (B) in subsection (a)(2), strike “sections 20(b) and 20(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 418(b), (c))” and substitute “section 1705(b) and (c) of title 41”. (18) In section 2321(h), strike “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)” and substitute “chapter 71 of title 41”. (19) In section 2324— (A) in subsection (d)(1), strike “section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605)” and substitute “section 7103 of title 41”; (B) in subsection (d)(2), strike “section 7 of such Act (41 U.S.C. 606)” and substitute “section 7104(a) of title 41”; (C) in subsection (e)(1)(P), strike “section 39 of the Office of Federal Procurement Policy Act (41 U.S.C. 435)” and substitute “section 1127 of title 41”; and (D) in subsection (e)(2)(C), strike “(41 U.S.C. 10b–1)” and substitute “(as added by section 7002(2) of the Omnibus Trade and Competitiveness Act of 1988)”. (20) In section 2343, strike “section 3741 of the Revised Statutes (41 U.S.C. 22)” and substitute “section 6306 of title 41”. (21) In section 2375(b), strike “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)” and substitute “section 1906 of title 41”. (22) In section 2376(1), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “chapter 1 of title 41”. (23) In section 2384— (A) in subsection (b)(2), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”; and (B) in subsection (b)(3), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”. (24) In section 2393(d)— (A) strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”; and (B) strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”. (25) In section 2402— (A) in subsection (c), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”; and (B) in subsection (d)(2), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and substitute “section 103 of title 41”. (26) In section 2408— (A) in subsection (a)(4)(A), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”; and (B) in subsection (a)(4)(B), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”. (27) In section 2410(c), strike “section 4(11) of the Office of Federal Procurement Policy Act” and substitute “section 134 of title 41”. (28) In section 2410b(c), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”. (29) In section 2410d— (A) in subsection (b)(2)(A), strike “section 5(3) of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(3))” and substitute “section 8501(7) of title 41”; (B) in subsection (b)(2)(B), strike “handicapped, as defined in section 5(4) of such Act (41 U.S.C. 48b(4))” and substitute “disabled, as defined in section 8501(6) of title 41”; and (C) in subsection (b)(2)(C), strike “section 2(c) of such Act (41 U.S.C. 47(c))” and substitute “section 8503(c) of title 41”. (30) In section 2410g(d)(1), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”. (31) In section 2410i(b)(1), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”. (32) In section 2410m— (A) in subsection (a), before paragraph (1), strike “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)” and substitute “chapter 71 of title 41”; (B) in subsection (a)(2), strike “section 7 of such Act (41 U.S.C. 606)” and substitute “section 7104(a) of title 41”; and (C) in subsection (b)(1)(A), strike “section 10(a) of the Contract Disputes Act of 1978 (41 U.S.C. 609(a))” and substitute “section 7104(b) of title 41”. (33) In section 2457(e), strike “section 2 of the Buy American Act (41 U.S.C. 10a)” and substitute “section 8302 of title 41”. (34) In section 2461(c)(1), strike “section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47)” and substitute “section 8503 of title 41”. (35) In section 2485(b)(1), strike “section 4(6) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(6))” and substitute “section 107 of title 41”. (36) In the chapter analysis for subchapter V of chapter 148, in the item for section 2533, strike “the Buy American Act” and substitute “chapter 83 of title 41”. (37) In section 2533— (A) in the section catchline, strike “the Buy American Act” and substitute “chapter 83 of title 41”; and (B) in subsection (a), strike “section 2 of the Buy American Act (41 U.S.C. 10a)” and substitute “section 8302 of title 41”. (38) In section 2533a(i), strike “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)” and substitute “section 1906 of title 41”. (39) In section 2533b— (A) in subsection (h), strike “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)” and substitute “section 1906 of title 41”; and (B) in subsection (j), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 105 of title 41”. (40) In section 2534(g)(2), strike “section 33 of the Office of Federal Procurement Policy Act (41 U.S.C. 429)” and substitute “section 1905 of title 41”. (41) In section 2562(a)(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”. (42) In section 2576(a), 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”. (43) In section 2636(b)(3), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))” and substitute “section 134 of title 41”. (44) In section 2667(f)(1), strike “Notwithstanding subsection (a)(3) 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)” and substitute “Notwithstanding subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 (to the extent those provisions are inconsistent with this subsection) or subsection (a)(2) of this section”. (45) In section 2664(a), strike “title III of the Federal Property and Administrative Services Act of 1949, as amended (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”. (46) In section 2691(b), 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”. (47) In section 2696(a), 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”. (48) In section 2836(g), strike “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)” and substitute “chapter 71 of title 41”. (49) In section 2854a(d)(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”. (50) In section 2878(d)(2), 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”. (51) In the chapter analysis for chapter 633, in the item for section 7299, strike “Walsh-Healey Act” and substitute “chapter 65 of title 41”. (52) In section 7299— (A) in the heading, strike “Walsh-Healey Act” and substitute “chapter 65 of title 41”; and (B) strike “the Walsh-Healey Act (41 U.S.C. 35 et seq.)” and substitute “chapter 65 of title 41”. (53) In section 7305(d)— (A) 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”; and (B) strike “under subtitle I of title 40 and such title III” and substitute “under those provisions”. (54) In section 9444(b)(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”. (55) In section 9781(g), 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”. (c) Title 14.— Title 14, United States Code, is amended as follows: (1) In section 92(d), 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”. (2) In section 93(h), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (3) In section 641(a), 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”. (d) Title 18.— Title 18, United States Code, is amended as follows: (1) In section 3672, strike “section 3709 of the Revised Statutes of the United States” and substitute “section 6101(b) to (d) of title 41”. (2) In section 4124(c), strike “section 6(d)(4) of the Office of Federal Procurement Policy Act” and substitute “section 1122(a)(4) of title 41”. (e) Title 23.— Title 23, United States Code, is amended as follows: (1) In section 140— (A) in subsection (b), strike “section 3709 of the Revised Statutes, as amended (41 U.S.C. 5),” and substitute “section 6101(b) to (d) of title 41”; and (B) in subsection (c)— (i) strike “section 3709 of the Revised Statutes, as amended (41 U.S.C. 5),” and substitute “section 6101(b) to (d) of title 41”; and (ii) strike “section 302(e) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252(e))” and substitute “section 3106 of title 41”. (2) In section 502(c)(5), strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (f) The Internal Revenue Code of 1986.— Section 7608(c)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 7608(c)(1)) is amended— (1) in subparagraph (A)(i)(II), by striking “sections 11(a) and 22” and substituting “sections 6301(a) and (b)(1)–(3) and 6306”; (2) in subparagraph (A)(i)(III), by striking “section 255” and substituting “chapter 45”; and (3) in subparagraph (A)(i)(V), by striking “section 254(a) and (c)” and substituting “section 3901”. (g) Title 28.— Title 28, United States Code, is amended as follows: (1) In the last sentence of section 524(c)(1), strike “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5), title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 and following)” and substitute “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”. (2) In section 604(a)(10)(C), strike “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (3) In section 624(3), strike “section 3709 of the Revised Statutes, as amended (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (4) In section 753(g), strike “section 3709 of the Revised Statutes of the United States, as amended (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (5) In section 1295— (A) in subsection (a)(10), strike “section 8(g)(1) of the Contract Disputes Act of 1978 (41 U.S.C. 607(g)(1))” and substitute “section 7107(a)(1) of title 41”; (B) in subsection (b), strike “section 10(b) of the Contract Disputes Act of 1978 (41 U.S.C. 609(b))” and substitute “section 7107(b) of title 41”; and (C) in subsection (c), strike “section 10(b) of the Contract Disputes Act of 1978” and substitute “section 7107(b) of title 41”. (6) In section 1346(a)(2), strike “sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978” and substitute “sections 7104(b)(1) and 7107(a)(1) of title 41”. (7) In section 1491(a)(2), strike “section 10(a)(1) of the Contract Disputes Act of 1978” and substitute “section 7104(b)(1) of title 41”. (8) In section 2401(a), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”. (9) In section 2412— (A) in subsection (d)(2)(E), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”; and (B) in subsection (d)(3), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”. (10) In section 2414, strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”. (11) In section 2517(a), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”. (h) Title 31.— Title 31, United States Code, is amended as follows: (1) In section 506, strike “section 5(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 404(a))” and substitute “section 1101(a) of title 41”. (2) In section 731(i)(7), strike “section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423)” and substitute “chapter 21 of title 41”. (3) In section 781(c)(1), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (4) Section 1344(h)(2)(A) is amended to read as follows: “(A) a department— “(i) including independent establishments, other agencies, and wholly owned Government corporations; but “(ii) not including the Senate, House of Representatives, or Architect of the Capitol, or the officers or employees thereof;” . (5) In section 3567, strike “section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1))” and substitute “section 133 of title 41”. (6) In section 3718(b)(1)(A), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 and following)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (7) In section 3902(a), strike “section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)” and substitute “section 7109(a)(1) and (b) of title 41”. (8) In section 3907— (A) in subsection (a), strike “section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605)” and substitute “section 7103 of title 41”; (B) in subsection (b)(1)(A), strike “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)” and substitute “chapter 71 of title 41”; (C) in subsection (b)(2)— (i) strike “section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)” and substitute “section 7109(a)(1) and (b) of title 41”; and (ii) in the second sentence, strike “section 12” and substitute “section 7109(a)(1) and (b)”; and (D) in subsection (c), strike “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)” and substitute “chapter 71 of title 41”. (9) In section 6202(c)(2), strike “section 6(d)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(d)(5))” and substitute “section 1122(a)(4) of title 41”. (10) In section 9703(b)(3), as added by section 638(b)(1) of the Act of October 6, 1992 (Public Law 102–393, 106 Stat. 1779), strike “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5), 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, section 6101(b) to (d) of title 41”. (i) Title 35.— Title 35, United States Code, is amended as follows: (1) In section 2(b)(4)(A), 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”. (2) In section 203(b), strike “the Contract Disputes Act (41 U.S.C. § 601 et seq.)” and substitute “chapter 71 of title 41”. (j) Title 38.— Title 38, United States Code, is amended as follows: (1) In section 1720(c)(2), strike “section 2(b)(1) of the Service Contract Act of 1965 (41 U.S.C. 351(b)(1))” and substitute “section 6704(a) of title 41”. (2) In section 1966(a), strike “section 3709 of the Revised Statutes, as amended (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (3) In section 3720(b), 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 7317(f), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (5) In section 7802(f), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (6) In section 8122— (A) in subsection (a)(1), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”; and (B) in subsection (c)— (i) strike “(41 U.S.C. 252(c))”; and (ii) strike “section 304 of that Act (41 U.S.C. 254)” and substitute “sections 3901 and 3905 of title 41”. (7) In section 8127— (A) in subsection (b), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 134 of title 41”; and (B) in subsection (c)(2), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 134 of title 41”. (8) In section 8153(a)— (A) in paragraph (3)(B)(ii), strike “section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b)” and substitute “section 1707 of title 41”; and (B) in paragraph (3)(D), strike “section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f))” and substitute “section 3304(e) of title 41”. (9) In section 8201(e), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (k) Title 39.— Section 410(b) of title 39, United States Code, is amended by striking paragraph (5) and substituting— “(5) chapters 65 and 67 of title 41;” . (l) Title 40.— Title 40, United States Code, is amended as follows: (1) In the chapter analysis for chapter 1, in item 111, strike “Federal Property and Administrative Services Act of 1949” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (2) In section 102, before paragraph (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”. (3) In section 111— (A) in the section catchline, strike “Federal Property and Administrative Services Act of 1949” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”; and (B) before paragraph (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”. (4) In section 113(b)— (A) in the heading, strike “the Office of Federal Procurement Policy Act” and substitute “Division B (Except Sections 1704 and 2303) of Subtitle I of Title 41”; and (B) strike “the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and substitute “division B (Except Sections 1704 and 2303) of subtitle I of title 41”. (5) In section 311— (A) in subsection (a), 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”; and (B) in subsection (b), 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”. (6) In section 501(b)(2)(B), strike “the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and substitute “division B (except sections 1704 and 2303) of subtitle I of title 41”. (7) In section 502— (A) in subsection (b)(1)(A)(i), strike “section 5(3) of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(3))” and substitute “section 8501(7) of title 41”; (B) in subsection (b)(1)(A)(ii), strike “handicapped (as defined in section 5(4) of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(4)))” and substitute “disabled (as defined in section 8501(6) of title 41)”; (C) in subsection (b)(1)(B), strike “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)” and substitute “chapter 85 of title 41”; and (D) in subsection (b)(2), strike “section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47)” and substitute “section 8503 of title 41”. (8) In section 503(b)— (A) in paragraph (1), strike “the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and substitute “division B (except sections 1704 and 2303) of subtitle I of title 41”; and (B) in paragraph (3)— (i) in the heading, strike “Section 3709 of revised statutes” and substitute “Section 6101(b) to (d) of title 41”; and (ii) strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (9) In section 506(a)(1)(D), strike “the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and substitute “division B (except sections 1704 and 2303) of subtitle I of title 41”. (10) In section 545(f), strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b)–(d) of title 41”. (11) In section 593(a)(2), strike “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)” and substitute “chapter 85 of title 41”. (12) In section 1305, 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”. (13) In section 1308, 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”. (14) In section 3148, strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (15) In section 3304(d)(2), 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”. (16) In section 3305(a)— (A) in paragraph (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”; and (B) in paragraph (2), 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”. (17) In section 3308(a), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (18) In section 3310(2), strike “section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253)” and substitute “sections 3105, 3301, and 3303 to 3305 of title 41”. (19) In section 3701(b)(3)(A)(ii), strike “the Walsh-Healey Act (41 U.S.C. 35 et seq.)” and substitute “chapter 65 of title 41”. (20) In section 3704(b)(1), strike “sections 4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39)” and substitute “sections 6506 and 6507 of title 41”. (21) In section 3707, strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 103 of title 41”. (22) In section 6111(b)(2)(D), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (23) In section 8711(d), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (24) In section 11101— (A) in paragraph (1), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 103 of title 41”; and (B) in paragraph (2), strike “section 4 of the Act (41 U.S.C. 403)” and substitute “section 133 of title 41”. (m) Title 44.— Title 44, United States Code, is amended as follows: (1) In the chapter analysis for chapter 3, in the item for section 311, strike “the Federal Property and Administrative Services Act” and substitute “subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (2) In section 311— (A) in the section catchline, strike “the Federal Property and Administrative Services Act” and substitute “subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”; (B) in subsection (a), 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”; and (C) in subsection (c), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (n) Title 46.— Section 51703(b)(2) of title 46, United States Code, is amended by striking “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substituting “section 6101(b) to (d) of title 41”. (o) Title 49.— Title 49, United States Code, is amended as follows: (1) In section 103(e), 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”. (2) In section 1113(b)(1)(B) strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (3) In section 5334(j)(2), strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (4) In section 10721, strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (5) In section 13712, strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (6) In section 15504, strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (7) In section 40110— (A) in subsection (d)(2)(A), strike “Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252–266)” and substitute “Division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”; (B) in subsection (d)(2)(B), strike “The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and substitute “Division B (except sections 1704 and 2303) of subtitle I of title 41”; (C) in subsection (d)(2)(C), strike “, except for section 315 (41 U.S.C. 265). For the purpose of applying section 315 of that Act to the system,” and substitute “. However, section 4705 of title 41 shall apply to the new acquisition management system developed and implemented pursuant to paragraph (1). For the purpose of applying section 4705 of title 41 to the system,”; and (D) in subsection (d)(3)— (i) in the heading, strike “the office of federal procurement policy act” and substitute “division b (except sections 1704 and 2303) of subtitle i of title 41”; (ii) before subparagraph (A), strike “section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423)” and substitute “chapter 21 of title 41”; and (iii) in subparagraph (A), strike “Subsections (f) and (g)” and substitute “Sections 2101 and 2106 of title 41”. (8) In section 40118(f)(2), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and substitute “section 103 of title 41”. (9) In section 47305(d), strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”.

  6. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 836(g)(7)(A) · 132 Stat. 1636

    1. Substituted · 40 U.S.C. § 11101(1)

      Pub. L. 115–232, in heading, substituted “Commercial product” for “Commercial item” and, in text

    2. Substituted · 40 U.S.C. § 11101(1)

      Pub. L. 115–232, in heading, substituted “The term ‘commercial product’ has” for “The term ‘commercial item’ has”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 115–232, in heading, substituted “Commercial product” for “Commercial item” and, in text, substituted “The term ‘commercial product’ has” for “The term ‘commercial item’ has”.

    Enacted provision · exact public law section
    (A) in section 11101(1), by striking “Commercial item.—The term ‘commercial item’ has” and inserting “Commercial product.—The term ‘commercial product’ has”; and

    Effective date note
    Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.

6 of 7 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
1110140:1401.Pub. L. 104–106, div. E, § 5002, Feb. 10, 1996, 110 Stat. 679.

The text of 40:1401(1) is omitted as unnecessary because the complete name of the Director of the Office of Management and Budget is used the first time the term appears in a section.

Editorial Notes

Amendments2004–2018 · 3 rounds

2018

Par. (1). Pub. L. 115–232, in heading, substituted “Commercial product” for “Commercial item” and, in text, substituted “The term ‘commercial product’ has” for “The term ‘commercial item’ has”.

2011

Par. (1). Pub. L. 111–350, § 5(l)(24)(A), substituted “section 103 of title 41” for “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)”.

Par. (2). Pub. L. 111–350, § 5(l)(24)(B), substituted “section 133 of title 41” for “section 4 of the Act (41 U.S.C. 403)”.

2004

Par. (6)(A). Pub. L. 108–199, § 535(b)(1), inserted “analysis, evaluation,” after “storage,”.

Par. (6)(B). Pub. L. 108–199, § 535(b)(2), substituted “ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer,” for “ancillary equipment,”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.

Executive Documents

Executive Order No. 13011

Ex. Ord. No. 13011, , 61 F.R. 37657, as amended by Ex. Ord. No. 13284, § 16, , 68 F.R. 4076; Ex. Ord. No. 13286, § 18, , 68 F.R. 10623, which related to information technology policies and reforms for Federal agencies, was revoked by Ex. Ord. No. 13403, § 6, , 71 F.R. 28543.

Ex. Ord. No. 13103. Computer Software Piracy

Ex. Ord. No. 13103, , 63 F.R. 53273, provided:

The United States Government is the world’s largest purchaser of computer-related services and equipment, purchasing more than $20 billion annually. At a time when a critical component in discussions with our international trading partners concerns their efforts to combat piracy of computer software and other intellectual property, it is incumbent on the United States to ensure that its own practices as a purchaser and user of computer software are beyond reproach. Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. It shall be the policy of the United States Government that each executive agency shall work diligently to prevent and combat computer software piracy in order to give effect to copyrights associated with computer software by observing the relevant provisions of international agreements in effect in the United States, including applicable provisions of the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights, the Berne Convention for the Protection of Literary and Artistic Works, and relevant provisions of Federal law, including the Copyright Act.

(a) Each agency shall adopt procedures to ensure that the agency does not acquire, reproduce, distribute, or transmit computer software in violation of applicable copyright laws.

(b) Each agency shall establish procedures to ensure that the agency has present on its computers and uses only computer software not in violation of applicable copyright laws. These procedures may include:

(1) preparing agency inventories of the software present on its computers;

(2) determining what computer software the agency has the authorization to use; and

(3) developing and maintaining adequate recordkeeping systems.

(c) Contractors and recipients of Federal financial assistance, including recipients of grants and loan guarantee assistance, should have appropriate systems and controls in place to ensure that Federal funds are not used to acquire, operate, or maintain computer software in violation of applicable copyright laws. If agencies become aware that contractors or recipients are using Federal funds to acquire, operate, or maintain computer software in violation of copyright laws and determine that such actions of the contractors or recipients may affect the integrity of the agency’s contracting and Federal financial assistance processes, agencies shall take such measures, including the use of certifications or written assurances, as the agency head deems appropriate and consistent with the requirements of law.

(d) Executive agencies shall cooperate fully in implementing this order and shall share information as appropriate that may be useful in combating the use of computer software in violation of applicable copyright laws.

Sec. 2. Responsibilities of Agency Heads. In connection with the acquisition and use of computer software, the head of each executive agency shall:

(a) ensure agency compliance with copyright laws protecting computer software and with the provisions of this order to ensure that only authorized computer software is acquired for and used on the agency’s computers;

(b) utilize performance measures as recommended by the Chief Information Officers Council pursuant to section 3 of this order to assess the agency’s compliance with this order;

(c) educate appropriate agency personnel regarding copyrights protecting computer software and the policies and procedures adopted by the agency to honor them; and

(d) ensure that the policies, procedures, and practices of the agency related to copyrights protecting computer software are adequate and fully implement the policies set forth in this order.

Sec. 3. Chief Information Officers Council. The Chief Information Officers Council (“Council”) established by section 3 of Executive Order No. 13011 of [set out above], shall be the principal interagency forum to improve executive agency practices regarding the acquisition and use of computer software, and monitoring and combating the use of unauthorized computer software. The Council shall provide advice and make recommendations to executive agencies and to the Office of Management and Budget regarding appropriate government-wide measures to carry out this order. The Council shall issue its initial recommendations within 6 months of the date of this order.

Sec. 4. Office of Management and Budget. The Director of the Office of Management and Budget, in carrying out responsibilities under the Clinger-Cohen Act [probably means the Clinger-Cohen Act of 1996, div. D (§§ 4001–4402) and div. E (§§ 5001–5703) of Pub. L. 104–106, see Tables for classification], shall utilize appropriate oversight mechanisms to foster agency compliance with the policies set forth in this order. In carrying out these responsibilities, the Director shall consider any recommendations made by the Council under section 3 of this order regarding practices and policies to be instituted on a government-wide basis to carry out this order.

Sec. 5. Definition. “Executive agency” and “agency” have the meaning given to that term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).

Sec. 6. National Security. In the interest of national security, nothing in this order shall be construed to require the disclosure of intelligence sources or methods or to otherwise impair the authority of those agencies listed at [former] 50 U.S.[C.] 401a(4) [now 50 U.S.C. 3003(4)] to carry out intelligence activities.

Sec. 7. Law Enforcement Activities. Nothing in this order shall be construed to require the disclosure of law enforcement investigative sources or methods or to prohibit or otherwise impair any lawful investigative or protective activity undertaken for or by any officer, agent, or employee of the United States or any person acting pursuant to a contract or other agreement with such entities.

Sec. 8. Scope. Nothing in this order shall be construed to limit or otherwise affect the interpretation, application, or operation of 28 U.S.C. 1498.

Sec. 9. Judicial Review. This Executive order is intended only to improve the internal management of the executive branch and does not create any right or benefit, substantive or procedural, at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.

William J. Clinton.

Credits

2002–2018 · 4 acts
  1. 2002Pub. L. 107–217, , 116 Stat. 1235
  2. 2004Pub. L. 108–199, div. F, title V, § 535(b), , 118 Stat. 345
  3. 2011Pub. L. 111–350, § 5(l)(24), , 124 Stat. 3852
  4. 2018Pub. L. 115–232, div. A, title VIII, § 836(g)(7)(A), , 132 Stat. 1874.
Show as published

(Pub. L. 107–217, , 116 Stat. 1235; Pub. L. 108–199, div. F, title V, § 535(b), , 118 Stat. 345; Pub. L. 111–350, § 5(l)(24), , 124 Stat. 3852; Pub. L. 115–232, div. A, title VIII, § 836(g)(7)(A), , 132 Stat. 1874.)

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