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GENERAL PROCUREMENT ACTIVITIES

See Federal Property and Administrative Services Act of 1949, as amended, particularly Titles I, II, and III.

WAIVER OF CERTAIN LAWS IN CONNECTION WITH THE FOREIGN AID PROGRAM

75 Stat. 454 (22 U.S.C. 2393)

SEC. 633. (a) Whenever the President determines it to be in furtherance of the purposes of this Act, the functions authorized under this Act may be performed without regard to such provisions of law (other than the Renegotiation Act of 1951, as amended (50 U.S.C. App. 1211 et seq.)), regulating the making, performance, amendment, or modification of contracts and the expenditure of funds of the United States Government as the President may specify.*

(b) The functions authorized under part II may be performed without regard to such provisions as the President may specify of the joint resolution of November 4, 1939 (54 Stat. 4), as amended.

Approved September 4, 1961.

EXPENDITURES FOR MOTOR VEHICLES AND AIRCRAFT; OFFICIAL USE

38 Stat. 508, as amended (31 U.S.C. 638a)

SEC. 5. (a) Unless specifically authorized by the appropriation concerned or other law, no appropriation shall be expended to purchase or hire passenger motor vehicles for any branch of the Government other than those for the use of the President of the United States, the secretaries to the President, or the heads of the executive departments enumerated in 5 U.S.C. 1.*

(b) Excepting appropriations for the Military and Naval Establishments, no appropriation shall be avail

* A list of the statutes so waived appears in Executive Order No. 11223 of May 12, 1965 (30 F.R. 6635; 3 CFR).

*NOTE: The laws underlying 5 U.S.C. 1 were probably repealed (Sec. 8, P.L. 89-554, Sept. 6, 1966, 80 Stat. 632, etc.). These laws were probably replaced by § 101 of title 5, United States Code, and a reference to 5 U.S.C. 1 or its underlying laws is deemed to refer to 5 U.S.C. 101 (Sec. 7, P.L. 89-554, Sept. 6, 1966, 80 Stat. 631).

able for the purchase, maintenance, or operation of any aircraft unless specific authority for the purchase, maintenance, or operation thereof has been or is provided in such appropriation.

(c) Unless otherwise specifically provided, no appropriation available for any department shall be expended

(1) to purchase any passenger motor vehicle (exclusive of buses, ambulances, and station wagons), at a cost, completely equipped for operation, and including the value of any vehicle exchanged, in excess of the maximum price therefor, if any, established pursuant to law by a Government agency and in no event more than such amount as may be specified in an appropriation or other Act, which shall be in addition to the amount required for transportation;

(2) for the maintenance, operation, and repair of any Government-owned passenger motor vehicle or aircraft not used exclusively for official purposes; and "official purposes" shall not include the transportation of officers and employees between their domiciles and places of employment, except in cases of medical officers on out-patient medical service and except in cases of officers and employees engaged in field work the character of whose duties makes such transportation necessary and then only as to such latter cases when the same is approved by the head of the department concerned. Any officer or employee of the Government who willfully uses or authorizes the use of any Government-owned passenger motor vehicle or aircraft, or of any passenger motor vehicle or aircraft leased by the Government, for other than official purposes or otherwise violates the provisions of this paragraph shall be suspended from duty by the head of the department concerned, without compensation, for not less than one month, and shall be suspended for a longer period or summarily removed from office if circumstances warrant. The limitations of this paragraph shall not apply to any motor vehicles or aircraft for official use of the President, the heads of the executive departments enumerated in 5 U.S.C. 1,* ambassadors, ministers, chargés d'affaires, and other principal diplomatic and consular officials.

(d) [Repealed]

(e) The acquisition of aircraft or passenger motor vehicles by any agency by transfer from another department of the Government shall be considered as a purchase within the meaning hereof.

Approved July 16, 1914.

31 U.S.C. 638a1

PURCHASE, MAINTENANCE, AND REPAIR OF

PASSENGER MOTOR VEHICLES BY THE UNITED STATES
CAPITOL POLICE

Section 638a of this title shall not be construed as applying to the purchase, maintenance, and repair of passenger motor vehicles by the United States Capitol Police.

FEDERAL GOVERNMENT MOTOR VEHICLE SAFETY
STANDARDS

40 U.S.C. 701

40 U.S.C. 702

40 U.S.C. 703

40 U.S.C. 701

note

78 Stat. 696 (40 U.S.C. 701-703)

no motor vehicle manufactured on or after the effective date of this section shall be acquired by purchase by the Federal Government for use by the Federal Government unless such motor vehicle is equipped with such reasonable passenger safety devices as the Administrator of General Services shall require which conform with standards prescribed by him in accordance with section 2.

SEC. 2. The Administrator of General Services shall prescribe and publish in the Federal Register commercial standards for such passenger safety devices as he may require under authority of the first section of this Act. The standards first established under this section shall be prescribed and published not later than one year from the date of enactment of this Act.

SEC. 3. As used in this Act

(1) The term "motor vehicle" means any vehicle, selfpropelled or drawn by mechanical power, designed for use on the highways principally for the transportation of passengers except any vehicle designed or used for military field training, combat, or tactical purposes.

(2) The term "Federal Government" includes the legislative, executive, and judicial branches of the Government of the United States, and the government of the District of Columbia.

SEC. 4. This Act shall take effect on the date of its enactment except that the first section of this Act shall take effect one year and ninety days after the date of publication of commercial standards first established under section 2 of this Act. If such standards as so first established are thereafter changed, such standards, as so changed, shall take effect one year and ninety days after the date of publication of such changed standards.

Approved August 30, 1964.

TREASURY, POSTAL SERVICE AND GENERAL
APPROPRIATIONS ACT OF 1976

Pub. L. 94-91, Aug. 9, 1975

SEC. 505. No part of any appropriation contained in this Act shall be available for the procurement of or for the payment of the salary of any person engaged in the procurement of any hand or measuring tool(s) not produced in the United States or its possession except to the extent that the Administrator of General Services or his designee shall determine that a satisfactory quality and sufficient quantity of hand or measuring tools produced in the United States or its possessions cannot be procured as and when needed from sources in the United States and its possessions or except in accordance with procedures prescribed by section 6104.4(b) of Armed Services Procurement Regulation dated January 1, 1969, as such regulation existed on June 15, 1970. This section shall be applicable to all solicitations for bids opened after its enactment.

CLEAN AIR AMENDMENTS OF 1970-DEVELOPMENT OF
LOW-EMISSION VEHICLES

See Transportation, Chapter 7

PASSENGER MOTOR VEHICLES-PURCHASE OF ADDITIONAL EQUIPMENT ABOVE STATUTORY PRICE LIMITATION

See Transportation, Chapter 7

CLEAN AIR ACT

84 Stat. 1707, as amended (42 U.S.C. 1857h-4)

SEC. 306. (a) No Federal agency may enter into any contract with any person who is convicted of any offense under section 113(c)(1) for the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such a conviction has been corrected.

(b) The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a).

(c) In order to implement the purposes and policy of

this Act to protect and enhance the quality of the Nation's air, the President shall, not more than 180 days after enactment of the Clean Air Amendments of 1970 cause to be issued an order (1) requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this Act in such contracting or assistance activities, and (2) setting forth procedures, sanctions, penalties, and such other provisions, as the President determines necessary to carry out such requirement.

(d) The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption.

(e) The President shall annually report to the Congress on measures taken toward implementing the purpose and intent of this section, including but not limited to the progress and problems associated with implementation of this section.

PROVIDING FOR ADMINISTRATION OF THE CLEAN AIR ACT WITH RESPECT TO FEDERAL CONTRACTS, GRANTS OR LOANS

Exec. Ord. No. 11602 (36 F.R. 12475; 3 CFR); as amended by Exec. Ord. No. 11738 (38 F.R. 25161) 42 U.S.C. 1857-h-4 nt.

By virtue of the authority vested in me by the provisions of the Clean Air Act, as amended (42 U.S.C. 1857 et seq.) [this chapter], particularly section 306 of that Act as added by the Clean Air Amendments of 1970 (Public Law 91-604) [this section], and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) [section 1251 et seq. of Title 33, Navigation and Navigable Waters], particularly section 508 of that Act as added by the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500) [section 1368 of Title 33, Navigation and Navigable Waters], it is hereby ordered as follows:

SECTION 1. Policy. It is the policy of the Federal Government to improve and enhance environmental quality. In furtherance of that policy, the program prescribed in this Order is instituted to assure that each Federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each Federal agency empowered to extend Federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act (hereinafter referred to as "the Air Act") [this chapter] and the Federal Water Pollution Control Act (hereinafter referred to as "the

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