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Title 38 United States Code 88153

(6) The term "weighted average price” means, with respect to a covered drug and a period of time (as determined by the Secretary) an amount equal to

(A) the sum of the products of the average price per package unit of each quantity of the drug sold during the period and the number of package units of the drug sold during the period; divided by

(B) the total number of package units of the drug sold during the period. (iX1) If the Secretary modifies a multi-year contract described in subsection (d) to include a covered drug of the manufacturer that was not available for inclusion under the contract at the time the contract went into effect, the price of the drug shall be determined as follows:

(A) For the portion of the first contract year during which the drug is so included, the price of the drug shall be determined in accordance with subsection (aX2), except that the reference in such subsection to "the one-year period beginning on the date the agreement takes effect" shall be considered a reference to such portion of the first contract year.

(B) For any subsequent contract year, the price of the drug shall be determined in accordance with subsection (d), except that each reference in such subsection to "the first year for which the contract is in effect" shall be considered a reference to the portion of the first contract year during which the drug is

included under the contract. (2) In this subsection, the term "contract year” means any one-year period for which a multi-year contract described in subsection (d) is in effect.

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88153. Sharing of Medical Facilities, Equipment, and Information

(aX1) To secure health-care resources which otherwise might not be feasibly available, or to effectively utilize certain other health-care resources, the Secretary may, when the Secretary determines it to be in the best interest of the prevailing standards of the Department medical care program, make arrangements, by contract or other form of agreement for the mutual use, or exchange of use, of health-care resources between Department health-care facilities and any health care provider, or other entity or individual.

(2) The Secretary may enter into a contract or other agreement under paragraph (1) if such resources are not, or would not be, used to their maximum effective capacity.

(3XA) If the health-care resource required is a commercial service, the use of medical equipment or pace, or research, and is to be acquired from an institution affiliated with the Department in accordance with section 7302 of this title, including medical practice groups and other entities associated with affiliated institutions, blood banks, organ banks, or research centers, the Secretary may make arrangements for acquisition of the resource without regard to any law or regulation (including any Executive order, circular, or other administrative policy) that would otherwise require the use of competitive procedures for acquiring the resource.

(BXi) If the health-care resource required is a commercial service or the use of medical equipment or space, and is not to be acquired from an entity described in subparagraph (A), any procurement of the resource may be conducted without regard to any law or regulation that would otherwise require the use of competitive procedures for procuring the resource, but only if the procurement is conducted in accordance with the simplified procedures prescribed pursuant to clause (ii).

(ii) The Secretary, in consultation with the Administrator for Federal Procurement Policy, may prescribe simplified procedures for the procurement of health-care resources under this subparagraph. The Secretary shall publish such procedures for public comment in accordance with section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b). Such procedures shall permit all responsible sources, as appropriate, to submit a bid, proposal, or quotation (as appropriate) for the resources to be procured and provide for the consideration by the Department of bids, proposals, or quotations so submitted.

(iii) Pending publication of the procedures under clause (ii), the Secretary shall (except as provided under subparagraph (A)) procure health-care resources referred to in clause (i) in accordance with all procurement laws and regulations.

Title 38 United States Code $8153

(C) Any procurement of health-care resources other than those covered by subparagraph (A) or (B) shall be conducted in accordance with all procurement laws and regulations. (D) For any procurement to be conducted on a sole source basis other than a procurement covered by subparagraph (A), a written justification shall be prepared that includes the information andis approved at the levels prescribed in section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)).

(E) As used in this paragraph, the term "commercial service” means a service that is offered and sold competitively in the commercial marketplace, is performed under standard commercial terms and conditions, and is procured using firm-fixed price contracts.

(b) Arrangements entered into under this section shall provide for payment to the Department in accordance with procedures that provide appropriate flexibility to negotiate payment which is in the best interest of the Government. Any proceeds to the Government received therefrom shall be credited to the applicable Department medical appropriation and to funds that have been allotted to the facility that furnished the resource involved.

(c)Eligibility for hospital care and medical services furnished any veteran pursuant to this section shall be subject to the same terms as though provided in a Department health care facility, and provisions of this title applicable to persons receiving hospital care or medical services in a Department health care facility shall apply to veterans treated under this section.

(d) When a Department health care facility provides hospital care or medical services, pursuant to a contract or agreement authorized by this section, to an individual who is not eligible for such care or services under chapter 17 of this title and who is entitled to hospital or medical insurance benefits under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), such benefits shall be paid, notwithstanding any condition, limitation, or other provision in that title which would otherwise preclude such payment to such facility for such care or services or, if the contract or agreement so provides, to the community health care facility which is a party to the contract or agreement.

(e) The Secretary may make an arrangement that authorizes the furnishing of services by the Secretary under this section toindividuals who are not veterans only if the Secretary determines,

(1) that veterans will receive priority under such an arrangement; and
(2) that such an arrangement-

(A) is necessary to maintain an acceptable level and quality of service to veterans at that facility; or

(B) will result in the improvement of services to eligible veterans at that

facility. (f) Any amount received by the Secretary from a non-Federal entity as payment for services provided by the Secretary during a prior fiscal year under an agreement entered into under this section may be obligated by the Secretary during the fiscal year in which the Secretary receives the payment.

(g) The Secretary shall submit to the Congress not more than 60 days after the end of each fiscal year a report on the activities carried out under this section. Each report shall include

(1) an appraisal of the effectiveness of the activities authorized in this section and the degree of cooperation fromother sources, financial and otherwise; and

2) recommendations for the improvement or more effective administration of such activities.

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(Internal References.S.S. Act $$202(o); 210(a), (1), and (m); 217(b); 224(a); 901(c); 1866(a), and $1927(a), (b), and (c) cite title 38, U.S. Code; and $1106 catchline has a footnote referring to title 38, U.S. Code. P.L. 90-248, 8402 catchline (this volume), has a footnote to title 38, U.S. Code.)

Title 50 United States Code 82157

Title 44 United States Code

Public Printing And Documents

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$3502. Definitions
As used in this chapter-

(1) the term "agency" means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include (A) the General Accounting Office, (B) Federal Election Commission, (C) the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; or (D) Government-owned contractor-operated facilities including laboratories engaged in national defense research and production activities;

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(Internal Reference.-S.S. Act 81139(1) cites 83502 of title 44, U.S. Code.)

Title 50 United States Code

War and National Defense

82001. When used in this chapter:

(2) The term "Director" means the Director of Central Intelligence.

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$2157. TRANSITION PROVISIONS

(a) The Director shall prescribe regulations providing for the transition from the Central Intelligence Agency Retirement and Disability System to the Federal Employees' Retirement System provided in chapter 84 of title 5, United States Code, in a manner consistent with sections 301 through 304 of the Federal Employees' Retirement System Act of 1986.

(b) The Director shall submit the regulations prescribed under subsection (a) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect.

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(Internal Reference.-S.S. Act 8210(a) cites the Central Intelligence Agency Retirement Act (50 U.S.C. 2157).)

Revised Statutes Of The United States

2d Edition, 18781

(Contracts)

SEC. 3709. [41 U.S.C. 5) Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Government may be made or entered into only after advertising a sufficient time previously for proposals, except (1) when the amount involved in any one case does not exceed $25,000, (2) when the public exigencies require the immediate delivery of the articles or performance of the service, (3) when only one source of supply is available and the Government purchasing or contracting officer shall so certify, or (4) when the services are required to be performed by the contractor in person and are (A) of a technical and professional nature or (B) under Government supervision and paid for on a time basis. Except (1) as authorized by section 29 of the Surplus Property Act of 1944 (50 U.S.C. App. 1638)2, (2) when otherwise authorized by law, or (3) when the reasonable value involved in any one case does not exceed $500, sales and contracts of sale by the Government shall be governed by the requirements of this section for advertising. In the case of wholly owned Government corporations, this section shall apply to their administrative transactions only.

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(Internal References.S.S. Act 881842(b) cites the Revised Statutes.)

Approved March 2, 1861, chapter 84, §10, 12 Stat. 220. P.L. 79-600, 89, revised $3709 of the Revised Statutes of the United States, in its entirety, effective August 2, 1946, 60 Stat. 809. The provision has been further amended.

2 See 40 U.S.C. 88471 et seq.

56th Congress, Ch. 872, Approved March 3, 1901 (31 Stat. 1449)

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(d) As used in this section-
(1) the term "computer system"-

(A) means any equipment or interconnected system or subsystems of
equipment that is used in the automatic acquisition, storage, manipulation,
management, movement, control, display, switching, interchange, trans-
mission, or reception, of data or information; and
(B) includes

(i) computers;
(ii) ancillary equipment;
(iii) software, firmware, and similar procedures;
(iv) services, including support services; and

(v) related resources as defined by regulations issued by the Administrator for General Services pursuant to section 111 of the Federal Prop

erty and Administrative Services Act of 1949; (2) the term “Federal computer system”—

(A) means a computer system operated by a Federal agency or by a contractor of a Federal agency or other organization that processes information (using a computer system) on behalf of the Federal Government to accomplish a Federal function; and

(B) includes automatic data processing equipment as that term is defined in section 111(aX2) of the Federal Property and Administrative Services Act

of 1949; (3) the term "operator of a Federal computer system” means a Federal agency, contractor of a Federal agency, or other organization that processes information using a computer system on behalf of the Federal Government to accomplish a Federal function;

(4) the term "sensitive information" means any information, the loss, misuse, or unauthorized access to or modification of which could adversely affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept secret in the interest of national defense or foreign policy; and

(5) the term "Federal agency" has the meaning given such term by section 3(b) of the Federal Property and Administrative Services Act of 1949.

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(Internal Reference.-P.L. 100-235, 87 (this volume) cites Section 20(d) of the National Bureau of Standards Act.)

P.L. 67-85, Approved November 2, 1921 (42 Stat. 208)

(Act of November 2, 1921)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [25 U.S.C. 13) That the Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit,

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