Under 40 U.S.C. § 102, ailanthus trees may

33 26 U.S.C. § 4181 (1970), tax on sale of firearms; 26 U.S.C. 5801, special occupational tax for importers, manufacturers, and dealers in firearms; 26 U.S.C. § 5821, tax on the manufacture of a firearm. It is noted that the term firearm is defined differently for the purpose of 26 U.S.C. § 4181 than it is for the other three provisions, but this difference is not germane to this discussion. 410 U.S.C. § 2385, 14 U.S.C. § 655, 26 U.S.C. § 4182(b), 26 U.S.C. 5851(a), 26 U.S.C. § 5852 (a), and 26 U.S.C. § 5852(b) (1970). 35 41 CFR 7-1.103.

26 FPR 1-3.405-4.

Interdepartmental Orders

Under the "Economy Act," 38 only the Army, Navy, Treasury, FAA, and Maritime Commission are authorized to place orders on other agencies to be fulfilled by contracts. In individual cases, separate statutes give other agencies the same authority.39 Under 10 U.S.C. § 2309, the military departments and NASA, in connection with interdepartmental orders, may directly obligate the ordering department's funds, while with other agencies the funds must first be transferred and credited to special working funds.40 Under some special statutes, interdepartmental orders may be filled on a nonreimbursable basis.11

37 Pub. L. 92-204, § 724, 85 Stat. 716. 38 31 U.S.C. § 686.

39 For example, 23 U.S.C. § 308; 22 U.S.C. § 2509 (f), (g); 31 U.S.C. § 660; 40 U.S.C. § 356; 40 U.S.C. § 759; 42 U.S.C. § 1870(j); 42 U.S.C. 1873 (g); 44 U.S.C. § 1121. See also 14 U.S.C. § 145 ; 23 U.S.C. 308; 39 U.S.C. § 411; 40 U.S.C. § 481 (d); 42 U.S.C. 2473 (b) (6) (1970).

40 31 U.S.C. § 686 (b) (1970).

41 For example, 14 U.S.C. § 145; 40 U.S.C. § 481(d); 42 U.S.C.

§ 2942 (1970).

CHAPTER 5

Redundant Statutes

This chapter discusses statutes that, for the most part, are redundant to and in some cases are inconsistent with other statutes.

STATUTES REDUNDANT TO ASPA AND FPASA

For many years, the basic statute governing the procedures for the award of Government contracts was R.S. § 3709. This statute required (and still requires when applicable) 2 advertisement of contracts except in rather limited circumstances. As a result, many separate statutes were enacted over the years which granted exceptions to the requirements of R.S. § 3709 specifically, or to advertising requirements in general.

With the enactment in 1947 and 1949 of ASPA and FPASA with their built-in exceptions authorizing negotiation, the need for many of these special statutes vanished. Nevertheless, all of these were not repealed at the time ASPA and FPASA were passed. Indeed, as a safeguard, a provision was included in FPASA providing that such exceptions to R.S. § 3709 would also be exceptions to the advertising requirements of FPASA. ASPA does not contain a similar provision.

A "clean-up" bill, eliminating many of the superseded special statutes other than those making exceptions to R.S. § 3709, was passed in 1951. The discussion below identifies addi

141 U.S.C. § 5 (1970).

R.S. 3709 still governs contracts of the legislative and judicial branches.

41 U.S.C. § 260 (1970).

Act of Oct. 31, 1951, 65 Stat. 701.

tional possibilities for "clean-up," including statutes making exceptions to R.S. § 3709, a few not repealed in 1951, and a few statutes enacted since then.

Most of these special statutes were referred to the agencies involved for comment concerning the effect that repeal or amendment would have. In all but one case, as noted below, they interposed no objection to elimination of these provisions as redundant. Subsequently, we added a few statutes on which we did not receive agency comments.

Exceptions to R.S. § 3709

12 U.S.C. § 1701c(b) (2), HUD national housing contracts

12 U.S.C. § 1701z-2(e), HUD research contracts

12 U.S.C. § 1747g (h), HUD moderate-income housing contracts under $1,000

12 U.S.C. § 1788 (b), National Credit Union Administration insurance contracts under $1,000

15 U.S.C. § 634(b)(4), SBA insurance contracts under $1,000

16 U.S.C. § 580c, Agriculture contracts for Forest Service test materials and devices 16 U.S.C. § 1052(b) (1), Department of

the Interior contracts for research vessels 20 U.S.C. § 331a(a)(1), HEW contracts for educational research

20 U.S.C. § 331a(b)(1), HEW contracts for educational research training

20 U.S.C. § 1034 (a), HEW contracts for library improvement research and training

20 U.S.C. § 1068 (a), HEW contracts for implementing talent search program

22 U.S.C. § 287e, Department of State contracts of U.S. Mission to United Nations 22 U.S.C. § 1047, Department of State contracts for Foreign Service Institute 30 U.S.C. § 556 (b), Department of the Interior contracts for work animals, vehicles, and equipment

41 U.S.C. § 6a (h), Department of State contracts for the packing of personal and household effects of U.S. diplomatic personnel for foreign shipment

42 U.S.C. § 263d (b) (3), HEW contracts for electronic product radiation control pro

gram

42 U.S.C. § 1480 (a), Agriculture purchases of less than $300

42 U.S.C. § 1521(a) and (b), HUD construction contracts

42 U.S.C. § 1532, HUD contracts for defense public works

42 U.S.C. §§ 1592d and h, HUD contracts for defense housing

42 U.S.C. § 1857b-1(a)(2), Environmental Protection Agency research contracts to control air pollution

42 U.S.C. § 2051 (c), AEC R&D and training contracts

42 U.S.C. § 2075, AEC special nuclear material contracts

42 U.S.C. 4081, HUD contracts for flood control insurance

42 U.S.C. § 4372(e), Council on Environmental Quality contracts

49 U.S.C. § 1638, DOT contracts for highspeed ground transportation

Other Statutes Redundant to ASPA and FPASA

7 U.S.C. § 416, Department of Agriculture contracts for seeds

7 U.S.C. § 430, Department of Agriculture contracts for animal serum test samples. The Department opposes repeal. See also 41 U.S.C. § 252(c)(3), (7), (10), (11). 7 U.S.C. § 432, Department of Agriculture contracts for cultures

10 U.S.C. § 4504, Army contracts for supplies for experimental and test purposes 10 U.S.C. § 4505, Army contracts for tooling 10 U.S.C. § 4535, Army contracts for subsistence supplies

10 U.S.C. § 7229, Navy fuel contracts 10 U.S.C. § 7522, Navy research contracts 10 U.S.C. § 9504, Air Force contracts for supplies for experimental and research purposes

10 U.S.C. § 9505, Air Force contracts for tooling

10 U.S.C. § 9535, Air Force contracts for subsistence supplies

16 U.S.C. § 833f, Department of the Interior contracts for Fort Peck Power Project

25 U.S.C. §§ 96, 97, Department of the Interior contracts for Indian Service

29 U.S.C. § 671 (e) (7), HEW contracts for National Institute for Occupation Safety and Health

38 U.S.C. § 1820 (b), Veterans Administration contracts under $1,000

41 U.S.C. § 6a-1, Architect of the Capitol contractual authority to make purchases below $2,500

41 U.S.C. § 24, Treasury and GSA contracts for transportation of moneys, bullion, coin, and other securities

42 U.S.C. § 263d (b)(4), HEW contracts for electronic products for research and testing

46 U.S.C. § 1193, Commerce contracts for ship construction authorized by 46 U.S.C. SS 1191 and 1192

66

Military Construction Authorization Act. For a number of years now, the annual military construction authorization acts have contained a provision that construction contracts authorized by these acts . . shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaired and the award is consistent with Chapter 137 of Title 10, United States Code." Similarly, the DOD appropriation acts since 1960 have contained a provision substantially as follows: . . Provided further, That none

66

'See, for example, Pub. L. 90-408, § 804; 82 Stat. 390.

of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder." •

Such provisions appear redundant, to the preference in the ASPA for formal advertising and competition.

See, for example, Pub. L. 90-580, § 523; 82 Stat. 1134.

NAVY STOCK FUND

Under 31 U.S.C. §§ 644, 644a, and 645, provision is made for the establishment of a naval stock fund. These statutes, enacted in 1921 and 1929, would appear redundant to 10 U.S.C. § 2208, enacted subsequently, which centralizes the establishment of working capital funds for the military in the Department of Defense. We have been informally advised by Navy fiscal experts that these special Navy statutes are operationally obsolete.