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Public Law 93-599
93rd Congress, H. R. 8958
January 2, 1975
To amend the Federal Property and Administrative Services Act of 1949 to provide for the disposal of certain excess and surplus Federal property to the Secretary of the Interior for the benefit of any group, band, or tribe of Indians.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 202 (a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483 (a)) is amended as follows:
(1) The first sentence of such subsection is amended by striking erty, disout "In" at the beginning of such sentence and inserting in lieu thereof: "(1) Subject to the provisions of paragraph (2) of this subsection, in".
(2) Such subsection is amended by adding at the end thereof the following new paragraph:
"(2) The Administrator shall prescribe such procedures as may be necessary in order to transfer without compensation to the Secretary of the Interior excess real property located within the reservation of any group, band, or tribe of Indians which is recognized as eligible for services by the Bureau of Indian Affairs. Such excess real property shall be held in trust by the Secretary for the benefit and use of the group, band, or tribe of Indians, within whose reservation such excess real property is located: Provided, That such transfers of real property within the State of Oklahoma shall be made to the Secretary of the Interior to be held in trust for Oklahoma Indian tribes recognized by the Secretary of the Interior when such real property (1) is located within boundaries of former reservations in Oklahoma as defined by the Secretary of Interior and when such real property was held in trust by the United States for an Indian tribe at the time of acquisition by the United States, or (2) is contiguous to real property presently held in trust by the United States for an Oklahoma Indian tribe and was at any time held in trust by the United States for an Indian tribe."
Approved January 2, 1975.
88 STAT. 1954 88 STAT. 1955
HOUSE REPORT No. 93-1339 (Comm. on Government Operations).
Nov. 18, considered and passed House.
Dec. 12, considered and passed Senate, amended.
Dec. 16, House concurred in Senate amendment with an amendment.
IX. FEDERAL PROCUREMENT AND RELATED
A. Office of Federal Procurement Policy Act
(88 Stat. 796)
This act was the result of the enactment of S. 2510, 93d Congress. It was approved on August 30, 1974, as Public Law 400, 93d Congress. The text of the act appears in volume 88, Statutes at Large, page 796. Its provisions are not as yet codified.
LEGISLATIVE HISTORY OF PUBLIC LAW 400, 93D CONGRESS
1. CONGRESSIONAL RECORD REFERENCE TO DEBATES, ETC.
(Page citations are to vol. 120, Daily Congressional Record) S. 2510: To create an Office of Federal Procurement Policy within the Executive Office of the President, and for other purposes. Cosponsors added, S1138, S1799, S2244, S3265, S4150. From Committee on Government Operations, S2212. Reported with amendment (S. Rept. 93-692), S2212. Amended and passed Senate, S2527. Referred to Committee on Government Operations, H1392. Amended and passed House (in lieu of H.R. 15233) title amended, H6469. Senate insisted on its amendments and asked for a conference, conferees appointed, S13166. House insisted on its amendments and agreed to a conference, conferees appointed, H7372. Conference report (H. Rept. 93-1268) submitted in House, agreed to, H7790, H3815. Conference report submitted in Senate and agreed to, S15287. Examined and signed. S15351, H8781. Presented to the President, S15577. Approved [Public Law 93-400], S15912.
H.R. 15233: To establish an Office of Federal Procurement Policy within the Office of Management and Budget. Mr. Holifield, Mr. Horton, Mr. Brooks, Mr. Erlenborn, Mr. Fascell, Mr. Wydler, Mr. Moorhead of Pennsylvania, Mr. Brown of Ohio, Mr. Rosenthal, Mr. Mallary, Mr. Hicks, Mr. Parris, Mr. Fuqua, Mr. Alexander, Ms. Abzug, and Mr. Donohue; Committee on Government Operations, H4926. Reported with amendment (H. Rept. 93-1176), H6253. Rules suspended. Amended and passed House, H6467. Proceedings vacated. Laid on the table (S. 2510 passed in lieu), H6471.
2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS TO PUBLIC LAW 400, 93D CONGRESS
3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 400, 93D
House Government Operations, Subcommittee on Legislation and Military Operations, 93d Congress. Office of Federal Procurement Policy, H.R. 15233. July 11, 12, 16, 17, 20, and 30, 1973.
Senate Committee on Government Operations, Ad Hoc Subcommittee on Federal Procurement, 93d Congress. To create an Office of Federal Procurement Policy within the Executive Office of the President. October 31, November 1 and 2, 1973, continued November 14, and 15, 1973.
Public Law 93-400 93rd Congress, S. 2510 August 30, 1974
To establish an Office of Federal Procurement Policy within the Office of
88 STAT. 796
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may office of Fedbe cited as the "Office of Federal Procurement Policy Act".
DECLARATION OF POLICY
eral Procurement Policy Act.
41 USC 401
SEC. 2. It is declared to be the policy of Congress to promote econ- 41 USC 401. omy, efficiency, and effectiveness in the procurement of property and services by and for the executive branch of the Federal Government by
(1) establishing policies, procedures, and practices which will require the Government to acquire property and services of the requisite quality and within the time needed at the lowest reasonable cost, utilizing competitive procurement methods to the maximum extent practicable;
(2) improving the quality, efficiency, economy, and performance of Government procurement organizations and personnel; (3) avoiding or eliminating unnecessary overlapping or duplication of procurement and related activities;
(4) avoiding or eliminating unnecessary or redundant requirements placed on contractor and Federal procurement officials; (5) identifying gaps, omissions, or inconsistencies in procurement laws, regulations, and directives and in other laws, regulations, and directives, relating to or affecting procurement;
(6) achieving greater uniformity and simplicity, whenever appropriate, in procurement procedures;
(7) coordinating procurement policies and programs of the several departments and agencies;
(8) minimizing possible disruptive effects of Government procurement on particular industries, areas, or occupations;
(9) improving understanding of Government procurement laws and policies within the Government and by organizations and individuals doing business with the Government;
(10) promoting fair dealing and equitable relationships among
the parties in Government contracting; and
(11) otherwise promoting economy, efficiency, and effectiveness in Government procurement organizations and operations.
FINDINGS AND PURPOSE
SEC. 3. (a) The Congress finds that economy, efficiency, and effective- 41 USC 402. ness in the procurement of property and services by the executive agencies will be improved by establishing an office to exercise responsibility
for procurement policies, regulations, procedures, and forms.
(b) The purpose of this Act is to establish an Office of Federal office of FedProcurement Policy in the Office of Management and Budget to pro- eral Procurevide overall direction of procurement policies, regulations, procedures, ment Policy. and forms for executive agencies in accordance with applicable laws. Establishment.
88 STAT. 797
41 USC 403.
80 Stat. 378, 948; 84 Stat. 775.
59 Stat. 597;
86 Stat. 1274.
Establishment. 41 USC 504.
SEC. 4. As used in this Act, the term "executive agency" means an executive department, a military department, and an independent establishment within the meaning of sections 101, 102, and 104(1), respectively, of title 5, United States Code, and also a wholly owned Government corporation within the meaning of section 101 of the Government Corporation Control Act (31 U.S.C. 846).
OFFICE OF FEDERAL PROCUREMENT POLICY
SEC. 5. (a) There is established in the Office of Management and Budget an office to be known as the Office of Federal Procurement Policy (hereinafter referred to as the "Office").
(b) There shall be at the head of the Office an Administrator for Federal Procurement Policy (hereinafter referred to as the "Administrator"), who shall be appointed by the President, by and with the advice and consent of the Senate.
AUTHORITY AND FUNCTIONS
SEC. 6. (a) The Administrator shall provide overall direction of procurement policy. To the extent he considers appropriate and with due regard to the program activities of the executive agencies, he shall prescribe policies, regulations, procedures, and forms, which shall be in accordance with applicable laws and shall be followed by executive agencies (1) in the procurement of—
(A) property other than real property in being;
(B) services, including research and development; and
(C) construction, alteration, repair, or maintenance of real property;
and (2) in providing for procurement by recipients of Federal grants or assistance of items specified in clauses (A), (B), and (C) of this subsection, to the extent required for performance of Federal grant or assistance programs.
(b) Nothing in subsection (a) (2) shall be construed-
(1) to permit the Administrator to authorize procurement or supply support, either directly or indirectly, to recipients of Federal grants or assistance; or
(2) to authorize any action by recipients contrary to State and local laws, in the case of programs to provide Federal grants or assistance to States and political subdivisions.
(c) The authority of the Administrator under this Act shall apply only to procurement payable from appropriated funds: Provided, That the Administrator undertake a study of procurement payable from nonappropriated funds. The results of the study, together with Report to Presi- recommendations for administrative or statutory changes, shall be
dent of the
Speaker of the
reported to the President of the Senate and the Speaker of the House
(1) establishing a system of coordinated, and to the extent feasible, uniform procurement regulations for the executive agencies;
(2) establishing criteria and procedures for an effective and timely method of soliciting the viewpoints of interested parties in the development of procurement policies, regulations, procedures, and forms;