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(3) monitoring and revising policies, regulations, procedures, and forms relating to reliance by the Federal Government on the private sector to provide needed property and services;
(4) promoting and conducting research in procurement policies, regulations, procedures, and forms;
(5) establishing a system for collecting, developing, and disseminating procurement data which takes into account the needs of the Congress, the executive branch, and the private sector;
(6) recommending and promoting programs of the Civil Service Commission and executive agencies for recruitment, training, career development, and performance evaluation of procurement personnel.
88 STAT. 798
(e) In the development of policies, regulations, procedures, and Consultation forms to be authorized or prescribed by him, the Administrator shall with executive consult with the executive agencies affected, including the Small Busi- agencies and ness Administration and other executive agencies promulgating policies, regulations, procedures, and forms affecting procurement. To the extent feasible, the Administrator may designate an executive agency or agencies, establish interagency committees, or otherwise use agency representatives or personnel, to solicit the views and the agreement, so far as possible, of executive agencies affected on significant changes in policies, regulations, procedures, and forms. (f) The authority of the Administrator under this Act shall not be
(1) impair or interfere with the determination by executive agencies of their need for, or their use of, specific property, services, or construction, including particular specifications therefor;
(2) interfere with the determination by executive agencies of specific actions in the award or administration of procurement
(g) Except as otherwise provided by law, no duties, functions, or Restriction. responsibilities, other than those expressly assigned by this Act, shall be assigned, delegated, or transferred to the Administrator.
SEC. 7. Upon the request of the Administrator, each executive agency 41 USC 406. is directed to
(1) make its services, personnel, and facilities available to the Office to the greatest practicable extent for the performance of functions under this Act; and
(2) except when prohibited by law, furnish to the Administrator and give him access to all information and records in its possession which the Administrator may determine to be necessary for the performance of the functions of the Office.
RESPONSIVENESS TO CONGRESS
SEC. 8. (a) The Administrator shall keep the Congress and its duly 41 USC 407. authorized committees fully and currently informed of the major activities of the Office of Federal Procurement Policy, and shall submit
a report thereon to the President of the Senate and the Speaker of the Report to PresHouse of Representatives annually and at such other times as may be ident of the necessary for this purpose, together with appropriate legislative Senate and recommendations. Speaker of the House.
(b) At least 30 days prior to the effective date of any major policy Report to conor regulation prescribed under section 6(a), the Administrator shall gressional
88 STAT. 799
Notice requirement waiver, submittal to Congress.
41 USC 408.
41 USC 409.
41 USC 410.
41 USC 411.
80 Stat. 461;
95 Stat. 1488.
transmit to the Committees on Government Operations of the House of Representatives and of the Senate a detailed report on the proposed policy or regulation. Such report shall include
(1) a full description of the policy or regulation;
(2) a summary of the reasons for the issuance of such policy or regulation; and
(3) the names and positions of employees of the Office who will be made available, prior to such effective date, for full consultation with such Committees regarding such policy or regulation. (c) In the case of an emergency, the President may waive the notice requirement of subsection (b) by submitting in writing to the Congress his reasons therefor at the earliest practicable date on or before the effective date of any major policy or regulation.
EFFECT ON EXISTING LAWS
SEC. 9. The authority of an executive agency under any other law to prescribe policies, regulations, procedures, and forms for procurement is subject to the authority conferred in section 6 of this Act.
EFFECT ON EXISTING REGULATIONS
SEC. 10. Procurement policies, regulations, procedures, or forms in effect as of the date of enactment of this Act shall continue in effect, as modified from time to time, until repealed, amended, or superseded by policies, regulations, procedures, or forms promulgated by the Administrator.
AUTHORIZATION OF APPROPRIATIONS
SEC. 11. There are authorized to be appropriated to carry out the provisions of this Act, and for no other purpose
(1) not to exceed $2,000,000 for the fiscal year ending June 30, 1975, of which not to exceed $150,000 shall be available for the purpose of research in accordance with section 6(d) (4); and
(2) such sums as may be necessary for each of the four fiscal years thereafter.
Any subsequent legislation to authorize appropriations to carry out the purposes of this Act shall be referred in the Senate to the Committee on Government Operations.
SEC. 12. (a) The Administrator may delegate, and authorize successive redelegations of, any authority, function, or power under this Act, other than his basic authority to provide overall direction of Federal procurement policy and to prescribe policies and regulations to carry out that policy, to any other executive agency with the consent of such agency or at the direction of the President.
(b) The Administrator may make and authorize such delegations within the Office as he determines to be necessary to carry out the provisions of this Act.
SEC. 13. Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following:
“(100) Administrator for Federal Procurement Policy.".
88 STAT. 800
ACCESS TO INFORMATION
SEC. 14. (a) The Administrator and personnel in his Office shall 41 USC 412. furnish such information as the Comptroller General may require for the discharge of his responsibilities. For this purpose, the Comptroller General or his representatives shall have access to all books, documents, papers, and records of the Office.
(b) The Administrator shall, by regulation, require that formal Open public meetings of the Office, as designated by him, for the purpose of estab- meetings. lishing procurement policies and regulations shall be open to the public,
and that public notice of each such meeting shall be given not less than ten days prior thereto.
REPEALS AND AMENDMENTS
SEC. 15. The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) is amended as follows:
(1) Section 201(a)(1) of such Act (40 U.S.C. 481(a)(1)) is amended by inserting "subject to regulations prescribed by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act," immediately after "(1)".
(2)Section 201(c) of such Act (40 U.S.C. 481(c)) is amended by inserting "subject to regulations prescribed by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act." immediately after "Administrator,".
63 Stat. 377.
(3) Section 206 (a) (4) of such Act (40 U.S.C. 487 (a) (4)) is 63 Stat. 390. amended to read as follows: "(4) subject to regulations promulgated by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act, to prescribe standardized forms and procedures, except such as the Comptroller General is authorized by law to prescribe, and standard purchase specifications.".
(4) Section 602 (c) of such Act (40 U.S.C. 474) is amended in 63 Stat. 401; the first sentence thereof by inserting "except as provided by the 64 Stat. 583. Office of Federal Procurement Policy Act, and" immediately after
Approved August 30, 1974.
B. To Provide for the Use of Simplified Procedures in the Procurement of Property and Services by the Government Where the Amount Involved Does Not Exceed $10,000
(88 Stat. 390)
This act was the result of the enactment of S. 3311, 93d Congress. It was approved on July 25, 1974, as Public Law 356, 93d Congress. The text of the act appears in volume 88, Statutes at Large, page 390. Its provisions are codified as 10 U.S.C. 2304 (a) (3), 2304(g), 16 U.S.C. 831h (b) (3) and 41 U.S.C. 5. 6a−1 and 252 (c) (3).
LEGISLATIVE HISTORY OF PUBLIC LAW 356, 93D CONGRESS
1. CONGRESSIONAL RECORD REFERENCE TO DEBATES, ETC.
(Page citations are to vol. 120, Daily Congressional Record)
S. 3311: To provide for the use of simplified procedures in the procurement of property and services by the Government where the amount involved does not exceed $10,000. Mr. Chiles, Mr. Brock, Mr. Huddleston, Mr. Nunn, and Mr. Roth; Committee on Government Operations, S5206, S7725, $7925, S8358, S9264. Reported with amendment (S. Rept. 93-901), S9526. Amended and passed Senate, S9827. Referred to Committee on Government Operations, H6477. Passed House (in lieu of H.R. 14494), H6477. Examined and signed, H6594, S12627. Presented to the President, S12627. Approved [Public Law 93-356], S13763.
H.R. 14494: To amend the Federal Property and Administrative Services Act of 1949, and other statutes to increase to $10,000 the maximum amount eligible for use of simplified procedures in procurement of property and services by the Government. Mr. Holifield and Mr. Horton; Committee on Government Operations, H3406. Reported (H. Rept. 93-1168), H6101. Debated, H 6464. Rules suspended. Passed House, H6477. Proceedings vacated, laid on the table (S. 3311 passed in lieu), H6478.
2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS TO PUBLIC LAW 356, 93D CONGRESS
House Report 93-1168,-.
Senate Report 93-901,-.
3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 356, 93D
House Committee on Government Operations, Subcommittee on Legislation and Military Operations, 93d Congress. Simplified Purchase Procedures, H.R. 14494. May 21, 1974.
Public Law 93-356
93rd Congress, S. 3311
To provide for the use of simplified procedures in the procurement of property and services by the Government where the amount involved does not exceed $10,000.
Be it enacted by the Senate and House of Representatives of the
SEC. 2. The third full unnumbered paragraph under the heading "Office of Architect of the Capitol" contained in the appropriations for the Architect of the Capitol in the Legislative Branch Appropriation Act, 1966 (79 Stat. 276; 41 U.S.C. 6a-1) is amended by striking out "$2,500" and inserting in lieu thereof "$10,000".
SEC. 3. Section 302(c)(3) of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.Č. 252(c)(3)) is amended by striking out "$2,500" and inserting in lieu thereof "$10,000".
SEC. 4. (a) Section 2304 (a) (3) of title 10, United States Code, is amended by striking out "$2,500" and inserting in lieu thereof "$10,000".
88 STAT. 390
D.C. Code 1-808.
63 Stat. 393; 72 Stat. 966.
70A Stat. 128; 72 Stat. 967.
(b) Section 2304 (g) of such title is amended by striking out 76 Stat. 528. $2,500" and inserting in lieu thereof "$10,000".
SEC. 5. Section 9 (b) of the Tennessee Valley Authority Act of 1933,
as amended (16 U.S.C. 831h (b) (3)) is amended by striking out "$500" 49 Stat. 1080. and inserting in lieu thereof "$10,000".
Approved July 25, 1974.