text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/695

 PUBLIC LAW 98-577—OCT. 30, 1984

98 STAT. 3067

(2) promote the use of contracting opportunities as a means to expand the industrial base of the United States in order to ensure adequate responsive capability of the economy to the increased demands of the Government in times of national emergency; and (3) foster opportunities for the increased participation in the Disadvantaged competitive procurement process of small business concerns and persons, small business concerns owned and controlled by socially and economically disadvantaged individuals. DEFINITIONS

SEC. 102. Section 4 of the Office of Federal Policy Procurement Act Ante, p. 1195. is amended— (1) by striking out "and" at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new paragraphs: "(9) the term 'technical data' means recorded information (regardless of the jbrm or method of the recording) of a scientific or technical nature (including computer software documentation) relating to supplies procured by an agency. Such term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration; "(10)(A) the term 'major system' means a combination of elements that will function together to produce the capabilities required to fulfill a mission need, which elements may include hardware, equipment, software or any combination thereof, but excludes construction or other improvements to real property; and "(B) a system shall be considered a major system if (i) the Department of Defense is responsible for the system and the total expenditures for research, development, test and evaluation for the system are estimated to be more than $75,000,000 (based on fiscal year 1980 constant dollars) or the eventual total expenditure for procurement of more than $300,000,000 (based on fiscal year 1980 constant dollars); (ii) a civilian agency is responsible for the system and total expenditures for the system are estimated to exceed $750,000 (based on fiscal year 1980 constant dollars) or the dollar threshold for a 'major system' established by the agency pursuant to Office of Management and Budget (OMB) Circular A-109, entitled 'Major Systems Acquisitions', whichever is greater; or (iii) the system is designated a 'major system' by the head of the agency responsible for the system; and "(11) the term 'item', 'item of supply', or 'supplies' means any individual part, component, subassembly, assembly, or subsystem integral to a major system, and other property which may be replaced during the service life of the system, and includes spare parts and replenishment spare parts, but does not include packaging or labeling associated with shipment or identification of an 'item'.".

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/696

 98 STAT. 3068

PUBLIC LAW 98-577—OCT. 30, 1984 TITLE II—AMENDMENTS TO THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949 PLANNING FOR FUTURE COMPETITION

Ante, p. 1179.

Science and technology.

SEC. 201. (a) Section 303B of the Federal Property and Administrative Services Act of 1949 (hereafter in this title referred to as "the Act") is amended by adding at the end thereof the following new subsection: "(fKlXA) In preparing a solicitation for the award of a development contract for a major system, the head of an agency shall consider requiring in the solicitation that an offeror include in its offer proposals described in subparagraph (B). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system's required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror's price. "(B) The proposals that the head of an agency is to consider requiring in a solicitation for the award of a development contract are the following: "(i) Proposals to incorporate in the design of the major system items which are currently available within the supply system of the Federal agency responsible for the major system, available elsewhere in the national supply system, or commercially available from more than one source. "(ii) With respect to items that are likely to be required in substantial quantities during the system's service life, proposals to incorporate in the design of the major system items which the United States will be able to acquire competitively in the future. "(2)(A) In preparing a solicitation for the award of a production contract for a major system, the head of an agency shall consider requiring in the solicitation that an offeror include in its offer proposals described in subparagraph (B). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system's required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror's price. "(B) The proposals that the head of an agency is to consider requiring in a solicitation for the award of a production contract are proposals identifying opportunities to ensure that the United States will be able to obtein on a competitive basis items procured in connection with the system that are likely to be reprocured in substantial quantities during the service life of the system. Proposals submitted in response to such requirement may include the following: "(i) Proposals to provide to the United States the right to use technical data to be provided under the contract for competitive reprocurement of the item, together with the cost to the United States, if any, of acquiring such technical data and the right to use such data. "(ii) Proposals for the qualification or development of multiple sources of supply for the item. "(3) If the head of an agency is making a noncompetitive award of a development contract or a production contract for a major system.

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/697

 PUBLIC LAW 98-577—OCT. 30, 1984

98 STAT. 3069

the factors specified in paragraphs (1) and (2) to be considered in evaluating an offer for a contract may be considered as objectives in negotiating the contract to be awarded.". (b) The amendment made by subsection (a) shall apply with Effective date. respect to any solicitation issued more than 180 days after the date 41 USC 253b of the enactment of this Act. ^°^^ENCOURAGING NEW COMPETITORS

SEC. 202. (a) Title III of the Act is amended by inserting after section 308C the following new section: "ENCOURAGEMENT OF NEW COMPETITION

"SEC. 303D. (a) In this section, 'qualification requirement' means a requirement for testing or other quality assurance demonstration that must be completed by an offeror before award of a contract. "(b) Except as provided in subsection (c), the head of the agency shall, before enforcing any qualification requirement— "(1) prepare a written justification stating the necessity for establishing the qualification requirement and specify why the qualification requirement must be demonstrated before contract award; "(2) specify in writing and make available to a potential offeror upon request all requirements which a prospective offeror, or its product, must satisfy in order to become qualified, such requirements to be limited to those least restrictive to meet the purposes necessitating the establishment of the qualification requirement; "(3) specify an estimate of the costs of testing and evaluation likely to be incurred by a potential offeror in order to become qualified; "(4) ensure that a potential offeror is provided, upon request, a prompt opportunity to demonstrate at its own expense (except as provided in subsection (d)) its ability to meet the standards specified for qualification using qualified personnel and facilities of the agency concerned or of another agency obtained through interagency agreement, or under contract, or other methods approved by the agency (including use of approved testing and evaluation services not provided under contract to the agency); "(5) if testing and evaluation services are provided under contract to the agency for the purposes of clause (4), provide to the extent possible that such services be provided by a contractor who is not expected to benefit from an absence of additional qualified sources and who shall be required in such contract to adhere to any restriction on technical data asserted by the potential offeror seeking qualification; and "(6) ensure that a potential offeror seeking qualification is promptly informed as to whether qualification is attained and, in the event qualification is not attained, is promptly furnished specific information why qualification was not attained. "(c)(1) Subsection O> of this section does not apply with respect to t) a qualification requirement established by statute prior to the date of enactment of this section. "(2) Except as provided in paragraph (3), if it is unreasonable to specify the standards for qualification which a prospective offeror or

41 USC 253c.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/698

 98 STAT. 3070

Public information.

15 USC 632.

PUBLIC LAW 98-577—OCT. 30, 1984

its product must satisfy, a determination to that effect shall be submitted to the advocate for competition of the procuring activity responsible for the purchase of the item subject to the qualification requirement. After considering any comments of the advocate for competition reviewing such determination, the head of the procuring activity may waive the requirements of paragraphs (2) through (5) of subsection (b) for up to two years with respect to the item subject to the qualification requirement. "(3) The waiver authority contained in paragraph (2) shall not apply with respect to any qualified products list. "(4) A potential offeror may not be denied the opportunity to submit and have considered an offer for a contract solely because the potential offeror has not been identified as meeting a qualification requirement, if the potential offeror can demonstrate to the satisfaction of the contracting officer that the potential offeror or its product meets the standards established for qualification or can meet such standards before the date specified for award of the contract. "(5) Nothing contained in this subsection requires the referral of an offer to the Small Business Administration pursuant to section 8(b)(7) of the Small Business Act if the basis for the referral is a challenge by the offeror to either the validity of the qualification requirement or the offeror's compliance with such requirement. ' (6) The head of an agency need not delay a proposed procurement in order to comply with subsection (b) or in order to provide a potential offeror with an opportunity to demonstrate its ability to meet the standards specified for qualification. "(d)(1) If the number of qualified sources or qualified products available to Compete actively for an anticipated future requirement is fewer than two actual manufacturers or the products of two actual manufacturers, respectively, the head of the agency concerned shall— "(A) periodically publish notice in the Commerce Business Daily soliciting additional sources or products to seek qualification, unless the contracting officer determines that such publication would compromise national security; and "(B) bear the cost of conducting the specified testing and evaluation (excluding the costs associated with producing the item or establishing the production, quality control, or other system to be tested and evaluated) for a small business concern or a product manufactured by a small business concern which has met the standards specified for qualification and which could reasonably be expected to compete for a contract for that requirement, but such costs may be borne only if the head of the agency determines that such additional qualified sources or products are likely to result in cost savings from increased competition for future requirements sufficient to offset (within a reasonable period of time considering the duration and dollar value of anticipated future requirements) the costs incurred by the agency. "(2) The head of an agency shall require a prospective contractor requesting the United States to bear testing and evaluation costs under paragraph (1)(B) to certify as to its status as a small business concern under section 3 of the Small Business Act. "(e) Within seven years after the establishment of a qualification requirement, the need for such qualification requirement shall be examined and the standards of such requirement revalidated in

�


text:
Author:Richard Wheatley

Articles in Popular Science Monthly

 * 1.

title: Author:Richard Wheatley


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/699

 PUBLIC LAW 98-577—OCT. 30, 1984

98 STAT. 3071

accordance with the requirements of subsection Gs). The preceding sentence does not apply in the case of a qualification requirement for which a waiver is in effect under subsection (c)(2). "(f) Except in an emergency as determined by the head of the agency, whenever the head of the agency determines not to enforce a qualification requirement for a solicitation, the agency may not thereafter enforce that qualification requirement unless the agency complies with the requirements of subsection (b).". (b) The amendment made by subsection (a) shall apply with respect to solicitations issued more than 180 days after the date of enactment of this Act.

Effective date. 41 USC 253c note.

VALIDATION OF PROPRIETARY DATA RESTRICTIONS

SEC. 203. (a) Title III of the Act is amended by inserting after section 303D (as added by section 202 of this Act) the following new section: "VALIDATION OF PROPRIETARY DATA RESTRICTIONS

"SEC. 303E. (a) A contract for property or services entered into by an executive agency which provides for the delivery of technical data, shall provide that— "(1) a contractor or subcontractor at any tier shall be prepared to furnish to the contracting officer a written justification for any restriction asserted by the contractor or subcontractor on the right of the United States to use such technical data; and "(2) the contracting officer may review the validity of any restriction asserted by the contractor or by a subcontractor under the contract on the right of the United States to use technical data furnished to the United States under the contract if the contracting officer determines that reasonable grounds exist to question the current validity of the asserted restriction and that the continued adherence to the asserted restriction by the United States would make it impracticable to procure the item competitively at a later time. "(b) If after such review the contracting officer determines that a challenge to the asserted restriction is warranted, the contracting officer shall provide written notice to the contractor or subcontractor asserting the restriction. Such notice shall state— "(1) the grounds for challenging the asserted restriction; and "(2) the requirement for a response within 60 days justifying the current validity of the asserted restriction. "(c) If a contractor or subcontractor asserting a restriction subject to this section submits to the contracting officer a written request, showing the need for additional time to comply with the requirement to justify the current validity of the asserted restriction, additional time to adequately permit the submission of such justification shall be provided by the contracting officer as appropriate. If a party asserting a restriction receives notices of challenges to restrictions on technical data from more than one contracting officer, and notifies each contracting officer of the existence of more than one challenge, the contracting officer initiating the first in time challenge, after consultation with the party asserting the restriction and the other contracting officers, shall formulate a schedule of responses to each of the challenges that will afford the party asserting the restriction with an equitable opportunity to respond to each such challenge.

Science and technology. 41 USC 253d.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/700

 98 STAT. 3072

Effective date. 41 USC 253d ^°^^-

PUBLIC LAW 98-577—OCT. 30, 1984

"(d)(1) Upon a failure by the contractor or subcontractor to submit any response under subsection (b), the contracting officer shall issue a decision pertaining to the validity of the asserted restriction. "(2) If a justification is submitted in response to the notice provided pursuant to subsection (b), a contracting officer shall within 60 days of receipt of any justification submitted, issue a decision or notify the party asserting the restriction of the time within which a decision will be issued. "(e) If a claim pertaining to the validity of the asserted restriction is submitted in writing to a contracting officer by a contractor or subcontractor at any tier, such claim shall be considered a claim within the meaning of the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.). "(f)(1) If, upon final disposition, the contracting officer's challenge to the restriction on the right of the United States to use such technical data is sustained— "(A) the restriction on the right of the United States to use the technical data shall be cancelled; and "(B) if the asserted restriction is found not to be substantially justified, the contractor or subcontractor, as appropriate, shall be liable to the United States for payment of the cost to the United States of reviewing the asserted restriction and the fees and other expenses (as defined in section 2412(d)(2)(A) of title 28) incurred by the United States in challenging the asserted restriction, unless special circumstances would make such payment unjust. "(2) If, upon final disposition, the contracting officer's challenge to the restriction on the right of the United States to use such technical data is not sustained— "(A) the United States shall continue to be bound by the restriction; and "(B) the United States shall be liable for payment to the party asserting the restriction for fees and other expenses (as defined in section 2412(d)(2)(A) of title 28) incurred by the party asserting the restriction in defending the asserted restriction if the challenge by the United States is found not to be made in good faith.". (b) The amendment made by subsection (a) shall apply with respect to solicitations issued more than 60 days after the date of the enactment of this Act. COMMERCIAL PRICING FOR SUPPLIES

SEC. 204. (a) Title III of the Act is further amended by inserting after section 308E (as added by section 203 of this Act) the following new section: "COMMERCIAL PRICING FOR SUPPUES

41 USC 253e.

"SEC. 303F. (a) Except in the case of an offer submitted with a written statement under subsection (b)(2) and except as provided in subsection (c), a contract entered into using other than competitive procedures by an executive agency for the purchase of items that are offered for sale to the public may not result in a price to the United States that exceeds the lowest price at which such items are sold by the contractor to the public. "(b) A person who submits an offer to an executive agency for the supply of items that it offers for sale to the public (1) shall certify in

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/701

 PUBLIC LAW 98-577—OCT. 30, 1984

98 STAT. 3073

the offer that the price offered is not more than its lowest commercial price for the items, or (2) shall submit with the offer a written statement specifying the amount of the difference between its lowest commercial price for the items and the price offered, and providing a justification for that difference. "(c) Subsections (a) and (b) do not apply to a contract if the contracting officer determines that the use of the price otherwise required by subsection (a) for such contract is not appropriate because of— "(1) national security considerations; or "(2) differences in quantities, quality, delivery, or other terms and conditions of the contract from commercial contract terms.". (b) The amendment made by subsection (a) shall take effect at the end of the 180-day period beginning on the date of the enactment of this Act.

Effective date. 41 USC 253e note.

ECONOMIC ORDER QUANTITIES

SEC. 205. (a) Title III of the Act is further amended by inserting after section 303F (as added by section 204 of this Act) the following new section: "ECONOMIC ORDER QUANTITIES

"SEC. 303G. (a) Each executive agency shall procure supplies in such quantity as (A) will result in the total cost and unit cost most advantageous to the United States, where practicable, and (B) does not exceed the quantity reasonably expected to be required by the agency. "(b) Each solicitation for a contract for supplies shall, if practicable, include a provision inviting each offeror responding to the solicitation to state an opinion on whether the quantity of the supplies proposed to be procured is economically advantageous to the United States and, if applicable, to recommend a quantity or quantities which would be more economically advantageous to the United States. Each such recommendation shall include a quotation of the total price and the unit price for supplies procured in each recommended quantity.". (b) The amendment made by subsection (a) shall take effect at the end of the 180-day period beginning on the date of the enactment of this Act.

41 USC 253f.

Effective date. 41 USC 253f note.

PROHIBITION OF CONTRACTORS LIMITING SUBCONTRACTOR SALES DIRECTLY TO THE UNITED STATES

SEC. 206. (a) Title III of the Act is further amended by inserting after section 303G (as added by section 205 of this Act) the following new section: PROHIBITION OF CONTRACTORS LIMITING SUBCONTRACTOR SALES DIRECTLY TO THE UNITED STATES

" S E C 303H. (a) Each contract for the purchase of property or services made by an executive agency shall provide that the contractor will not— "(1) enter into any agreement with a subcontractor under the contract that has the effect of unreasonably restricting sales by the subcontractor directly to the United States of any item or

41 USC 253g.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/702

 98 STAT. 3074

Effective date. 41 USC 253g note.

PUBLIC LAW 98-577—OCT. 30, 1984

process (including computer software) made or furnished by the subcontractor under the contract (or any follow-on production contract); or "(2) otherwise act to restrict unreasonably the ability of a subcontractor to make sales to the United States described in clause (1). "(b) This section does not prohibit a contractor from asserting rights it otherwise has under law.". (b) The amendment made by subsection (a) shall. apply with respect to solicitations made more than 180 days after the date of the enactment of this Act. CLERICAL AMENDMENT

SEC. 207. The table of contents of the Act is amended by inserting after the item relating to section 303C the following new items: "Sec. "Sec. "Sec. "Sec. "Sec.

303D. Encouragement of new competition. 303E. Validation of proprietary data restrictions. 303F. Commercial pricing for supplies. 303G. Economic order quantities 303H. Prohibition of contractors limiting subcontractor sales directly to the United States.".

TITLE III—AMENDMENTS TO THE OFFICE OF FEDERAL PROCUREMENT POLICY ACT TECHNICAL DATA MANAGEMENT

Ante, p. 1198.

SEC. 301. (a) The Office of Federal Procurement Policy Act (hereafter in this title referred to as "the Act") is amended by redesignating section 21 as section 23 and by inserting after section 20 the following new section: RIGHTS IN TECHNICAL DATA

Science and technology. 41 USC 418a. eopyrights.

41 USC 251.

"SEC. 21. (a) The legitimate proprietary interest of the United States and of a contractor in technical or other data shall be defined in regulations prescribed as part of the single system of Government-wide procurement regulations as defined in section 4(4) of this Act. Such regulations may not impair any right of the United States or of any contractor with respect to patents or copyrights or any other right in technical data otherwise established by law. Such regulations shall provide, with respect to executive agencies that are subject to the provisions of title III of the Federal Property and Administrative Services Act of 1949, that the United States may not require persons who have developed products or processes offered or to be offered for sale to the public as a condition for the procurement of such products or processes by the United States, to provide to the United States technical data relating to the design, development, or manufacture of such products or processes (except for such data as may be necessary for the United States to operate and maintain the product or use the process if obtained by the United States as an element of performance under the contract). "(b)(1) Except as otherwise expressly provided by Federal statute, the regulations prescribed pursuant to subsection (a) shall provide, with respect to executive agencies that are subject to the provisions of title III of the Federal Property and Administrative Services Act of 1949, that the United States shall have unlimited rights in

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/703

 PUBLIC LAW 98-577—OCT. 30, 1984

98 STAT. 3075

technical data developed exclusively with Federal funds if delivery of such data— "(A) was required as an element of performance under a contract; and "(B) is needed to ensure the competitive acquisition of supplies or services that will be required in substantial quantities in the future. "(2) Except as otherwise expressly provided by Federal statute, the regulations prescribed pursuant to subsection (a) shall provide, with respect to executive agencies that are subject to the provisions of title III of the Federal Property and Administrative Services Act of 1949, that the United States (and each agency thereof) shall have an unrestricted, royalty-free right to use, or to have its contractors use, for governmental purposes (excluding publication outside the Government) technical data developed exclusively with Federal funds. "(8) The requirements of paragraphs (1) and (2) shall be in addition to and not in lieu of any other rights that the United States may have pursuant to law. "(c) The following factors shall be considered in prescribing regulations pursuant to subsection (a): "(1) Whether the technical data was developed— "(A) exclusively with Federal funds; "(B) exclusively at private expense; or "(C) in part with Federal funds and in part at private expense. "(2) The statement of congressional policy and objectives in section 200 of title 35, the statement of purposes in section 2(b) of the Small Business Innovation Development Act of 1982 (Public Law 97-219; 15 U.S.C. 638 note), and the declaration of policy in section 2 of the Small Business Act (15 U.S.C. 631). "(3) The interest of the United States in increasing competition and lowering costs by developing and locating alternative sources of supply and manufacture. "(d) Regulations prescribed under subsection (a) shall require that a contract for property or services entered into by an executive agency contain appropriate provisions relating to technical data, including provisions— "(1) defining the respective rights of the United States and the contractor or subcontractor (at any tier) regarding any technical data to be delivered under the contract; "(2) specifying the technical data, if any, to be delivered under the contract and delivery schedules for such delivery; "(3) establishing or referencing procedures for determining the acceptability of technical data to be delivered under the contract; "(4) establishing separate contract line items for the technical data, if any, to be delivered under the contract; "(5) to the maximum practicable extent, identifying, in advance of delivery, technical data which is to be delivered with restrictions on the right of the United States to use such data; "(6) requiring the contractor to revise any technical data delivered under the contract to reflect engineering design changes made during the performance of the contract and affecting the form, fit, and function of the items specified in the contract and to deliver such revised technical data to an agency within a time specified in the contract;

41 USC 251.

Regulations.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/704

 98 STAT. 3076

Effective date. 41 USC 418a note. Report.

PUBLIC LAW 98-577—OCT. 30, 1984

"(7) requiring the contractor to furnish written assurance at the time the technical data is delivered or is made available that the technical data is complete and accurate and satisfies the requirements of the contract concerning technical data; "(8) establishing remedies to be available to the United States when technical data required to be delivered or made available under the contract is found to be incomplete or inadequate or to not satisfy the requirements of the contract concerning technical data; and "(9) authorizing the head of the agency to withhold payments under the contract (or exercise such other remedies as the head of the agency considers appropriate) during any period if the contractor does not meet the requirements of the contract pertaining to the delivery of technical data.". (b) Section 2320(a) of title 10, United States Code, is amended by striking out "in regulations prescribed as part" and inserting in lieu thereof "in regulations of the Department of Defense prescribed as part". (c) The amendment made by subsection (a) shall take effect on the date of enactment of this Act. The regulations required by such amendment shall be issued not later than July 1, 1985. (d) Within 60 days after the date the regulations required by the amendment made by subsection (a) are prescribed, the Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration shall submit to Congress a joint report describing in detail how those regulations give consideration to the factors specified for consideration in that section. PUBLICATION OF PROPOSED REGULATIONS

SEC. 302. (a) The Act is further amended by inserting after section 21 (as added by section 301 of this Act) the following new section: "PUBLICATION OF PROPOSED REGULATIONS Federal Register, publication. 41 USC 418b.

"SEC. 22. (a) Except as provided in subsection (d), no procurement policy, regulation, procedure, or form (including amendments or modifications thereto) relating to the expenditure of appropriated funds that has (1) a significant effect beyond the internal operating procedures of the agency issuing the procurement policy, regulation, procedure or form, or (2) a significant cost or administrative impact on contractors or offerors, may take effect until 30 days after the procurement policy, regulation, procedure, or form is published for public comment in the Federal Register pursuant to subsection (b). "(b) Subject to subsection (c), the head of the agency shall cause to be published in the Federal Register a notice of the proposed procurement policy, regulation, procedure, or form and provide for a public comment period for receiving and considering the views of all interested parties on such proposal. The length of such comment period may not be less than 30 days. "(c) Any notice of a proposed procurement policy, regulation, procedure, or form prepared for publication in the Federal Register shall include— "(1) the text of the proposal or, if it is impracticable to publish the full text of the proposal, a summary of the proposal and a statement specifying the name, address, and telephone number

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/705

 PUBLIC LAW 98-577—OCT. 30, 1984

98 STAT. 3077

of the officer or employee of the executive agency from whom the full text may be obtained; and "(2) a request for interested parties to submit comments on the proposal and shall include the name and address of the officer or employee of the Government designated to receive such comments. "(d)(1) The requirements of subsections (a) and (b) may be waived by the officer authorized to issue a procurement policy, regulation, procedure, or form if urgent and compelling circumstances make compliance with such requirements impracticable. "(2) A procurement policy, regulation, procedure, or form with respect to which the requirements of subsections (a) and (b) are waived under paragraph (1) shall be effective on a temporary basis if— "(A) a notice of such procurement policy, regulation, procedure, or form is published in the Federal Register and includes a statement that the procurement policy, regulation, procedure, or form is temporary; and "(B) provision is made for a public comment period of 30 days beginning on the date on which the notice is published. After considering the comments received, the head of the agency waiving the requirements of subsections (a) and (b) under paragraph (1) may issue the final procurement policy, regulation, procedure, or form.". (b) The procedures required by the amendment made by subsection (a) shall apply with respect to procurement policies, regulations, procedures, or forms that an agency issues in final form on or after the date which is 30 days after the date of enactment of this Act. (c)(1) Section 2303a of title 10, United States Code, is repealed. (2) The table of sections of chapter 137 of such title is amended by striking out the item pertaining to section 2303a.

Effective date. 41 USC 418b note. Ante, p. 2590.

PROCUREMENT NOTICES

SEC. 303. (a) Section 18 of the Office of Federal Procurement Policy Act is amended to read as follows: PROCUREMENT NOTICE

"SEC. 18. (a)(1) Except as provided in subsection (c)— "(A) an executive agency intending to— "(i) solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000; or "(ii) place an order, expected to exceed $10,000, under a basic agreement, basic ordering agreement, or similar arrangement, shall furnish for publication by the Secretary of Commerce a notice described in subsection (b); and "(B) an executive agency awarding a contract for property or services for a price exceeding $25,000, or placing an order referred to in clause (AKii) exceeding $25,000, shall furnish for publication by the Secretary of Commerce a notice announcing the award or order if there is likely to be any subcontract under such contract or order. "(2) The Secretary of Commerce shall publish promptly in the Commerce Business Daily each notice required by paragraph (1).

31-194

0

16 -

23

QL.3

Part3

41 USC 416. Public information.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/706

 98 STAT. 3078

PUBLIC LAW 98-577—OCT. 30, 1984

"(3) Whenever an executive agency is required by paragraph (I)(A) to furnish a notice to the Secretary of Commerce, such executive agency may not— "(A) issue the soUcitation earlier than 15 days after the date on which the notice is published by the Secretary of Commerce; or "(B) establish a deadline for the submission of all bids or proposals in response to the notice required by paragraph (I)(A) that'll) in the case of an order under a basic agreement, basic ordering agreement, or similar arrangement, is earlier than the date 30 days after the date the notice required by paragraph (IXAXii) is published; Research and "(ii) in the case of a solicitation for research and developdevelopment. ment, is earlier than the date 45 days after the date the notice required by paragraph (IXAXi) is published; or "(iii) in any other case, is earlier than the date 30 days after the date the solicitation is issued. "(b) Each notice of solicitation required by subsection (a)(l)(A) shall include— "(1) an accurate description of the property or services to be contracted for, which description (A) shall not be unnecessarily restrictive of competition, and (B) shall include, as appropriate, the agency nomenclature, National Stock Number or other part number, and a brief description of the item's form, fit, or function, physical dimensions, predominant material of manufacture, or similar information that will assist a prospective contractor to make an informed business judgment as to whether a copy of the solicitation should be requested; "(2) provisions that— "(A) state whether the technical data required to respond to the solicitation will not be furnished as part of such solicitation, and identify the source in the Government, if any, from which the technical data may be obtained; and "(B) state whether an offeror, its product, or service must meet a qualification requirement in order to be eligible for award, and, if so, identify the office from which the qualification requirement may be obtained; "(3) the name, business address, and telephone number of the contracting officer; "(4) a statement that all responsible sources may submit a bid, proposal, or quotation (as appropriate) which shall be considered by the agency; and "(5) in the case of a procurement using procedures other than ' competitive procedures, a statement of the reason justifying the use of such procedures and the identity of the intended source. "(c)(1) A notice is not required under subsection (a)(1) if^ "(A) the notice would disclose the executive agency's needs and the disclosure of such needs would compromise the national security; "(B) the proposed procurement would result from acceptance of— "(i) any unsolicited proposal that demonstrates a unique and innovative research concept and the publication of any notice of such unsolicited research proposal would disclose the originality of thought or innovativeness of the proposal

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/707

 PUBLIC LAW 98-577—OCT. 30, 1984

98 STAT. 3079

or would disclose proprietary information associated with the proposal; or "(ii) a proposal submitted under section 9 of the Small Business Act; "(C) the procurement is made against an order placed under a requirements contract; "(D) the procurement is made for perishable subsistence supplies; or "(E) the procurement is for utility services, other than telecommunication services, and only one source is available. "(2) The requirements of subsection (a)(l)(A) do not apply to any procurement under conditions described in paragraph (2), (3), (4), (5), or (7) of section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)) or paragraph (2), (3), (4), (5), or (7) of section 2304(c) of title 10, United States Code. "(3) The requirements of subsection (a)(l)(A) shall not apply in the case of any procurement for which the head of the executive agency makes a determination in writing, after consultation with the Administrator for Federal Procurement Policy and the Administrator of the Small Business Administration, that it is not appropriate or reasonable to publish a notice before issuing a solicitation. "(d) An executive agency shall make available to any business concern, or the authorized representative of such concern, the complete solicitation package for any on-going procurement announced pursuant to a notice under subsection (e). An executive agency may require the payment of a fee, not exceeding the actual cost of duplication, for a copy of such package.". (b) The amendment made by subsection (a) shall take effect with respect to any solicitation issued after March 31, 1985. (c) The provisions of the amendment made by subsection (a) of this section shall apply to the Tennessee Valley Authority only with respect to procurements to be paid from appropriated funds. TITLE IV—AMENDMENTS TO THE SMALL BUSINESS ACT CERTIFICATE OF COMPETENCY

SEC. 401. Section 8(b)(7)(C) of the Small Business Act (15 U.S.C. 637(b)(7)(C)) is amended by adding at the end thereof the following: "Notwithstanding the first sentence of this subparagraph, the Administration may not establish an exemption from referral or notification or refuse to accept a referral or notification from a Government procurement officer made pursuant to subparagraph (A) or (B) of this paragraph, but nothing in this paragraph shall require the processing of an application for certification if the small business concern to which the referral pertains declines to have the application processed.". SMALL BUSINESS SUBCONTRACTING POLICY STATEMENTS

SEC. 402. (a) Section 8(d)(l) of the Small Business Act (15 U.S.C. 637(d)(l)) is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ", including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of

Utilities.

Public information.

Effective date. 41 USC 416 note. Tennessee Valley Authority. 41 USC 416 note.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/708

 98 STAT. 3080

Disadvantaged persons.

PUBLIC LAW 98-577—OCT. 30, 1984

their subcontracts with small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals.". (b) Section 8(d)(3)(A) of the Small Business Act (15 U.S.C. 637(d)(3)(A)) is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ", including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals.". BREAKOUT PROCUREMENT CENTER REPRESENTATIVES

SEC. 403. (a) Section 15 of the Small Business Act (15 U.S.C. 644) is amended— (1) by redesignating subsection (1) as subsection (m); and (2) by inserting after subsection (k) the following new subsection: "(1)(1) The Administration shall assign to each major procurement center a breakout procurement center representative with such assistance as may be appropriate. The breakout procurement center representative shall carry out the activities described in paragraph (2), and shall be an advocate for the breakout of items for procurement through full and open competition, whenever appropriate, while maintaining the integrity of the system in which such items are used, and an advocate for the use of full and open competition, whenever appropriate, for the procurement of supplies and services by such center. Any breakout procurement center representative assigned under this subsection shall be in addition to the representative referred to in subsection (k)(6). "(2) In addition to carrying out the responsibilities assigned by the Administration, a breakout procurement center representative is authorized to— "(A) attend any provisioning conference or similar evaluation session during which determinations are made as to whether requirements are to be procured through other than full and open competition and make recommendations with respect to such requirements to the members of such conference or session; "(B) review, at any time, restrictions on competition previously imposed on items through acquisition method coding or similar procedures, and recommend to personnel of the appropriate activity the prompt reevaluation of such limitations; "(C) review restrictions on competition arising out of restrictions on the rights of the United States in technical data, and, when appropriate, recommend that personnel of the appropriate activity initiate a review of the validity of such an asserted restriction; "(D) obtain from any governmental source, and make available to personnel of the appropriate activity, unrestricted technical data necessary for the preparation of a competitive solicitation package for any item of supply or service previously procured noncompetitively due to the unavailability of such unrestricted technical data;

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/709

 PUBLIC LAW 98-577—OCT. 30, 1984

98 STAT. 3081

"(E) have access to the unclassified procurement records and other data of the procurement center; "(F) receive unsolicited engineering proposals and, when appropriate (i) conduct a value analysis of such proposal to determine whether such proposal, if adopted, will result in lower costs to the United States without substantially impeding legitimate acquisition objectives and forward to personnel of the appropriate activity recommendations with respect to such proposal, or (ii) forward such proposals without analysis to personnel of the activity responsible for reviewing such proposals and who shall furnish the breakout procurement center representative with information regarding the disposition of any such proposal; and "(G) review the systems that account for the acquisition and management of technical data within the procurement center to assure that such systems provide the maximum availability and access to data needed for the preparation of offers to sell to the United States those supplies to which such data pertain which potential offerors are entitled to receive. "(3) A breakout procurement center representative is authorized to appeal a failure to act favorably on any recommendation made pursuant to paragraph (2). Such appeal shall be in writing, specifically reciting both the circumstances of the appeal and the basis of the recommendation. The appeal shall be decided by a person within the employ of the appropriate activity who is at least one supervisory level above the person who initially failed to act favorably on the recommendation. Such appeal shall be decided within 30 Effective date. calendar days of its receipt. "(4) The Administration shall assign and co-locate at least two small business technical advisers to each major procurement center in addition to such other advisers as may be authorized from time to time. The sole duties of such advisers shall be to assist the breakout procurement center representative for the center to which such advisers are assigned in carrying out the functions described in paragraph (2) and the representatives referred to in subsection (k)(6). "(5)(A) The breakout procurement center representatives and technical advisers assigned pursuant to this subsection shall be— "(i) full-time employees of the Administration; and "(ii) fully qualified, technically trained, and familiar with the supplies and services procured by the major procurement center to which they are assigned. "(B) In addition to the requirements of subparagraph (A), each breakout procurement center representative, and at least one technical adviser assigned to such representative, shall be an accredited engineer. "(C) The Administration shall establish personnel positions for breakout procurement representatives and advisers assigned pursuant to this subsection, which are classified at a grade level of the General Schedule sufficient to attract and retain highly qualified personnel. "(6) For purposes of this subsection, the term 'major procurement center' means a procurement center of the Department of Defense that awarded contracts for items other than commercial items totaling at least $150,000,000 in the preceding fiscal year, and such other procurement centers as designated by the Administrator.".

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/710

 98 STAT. 3082 15 USC 644 note.

Report.

Report.

PUBLIC LAW 98-577—OCT. 30, 1984

(b)(1) The Administrator of the Small Business Administration and the Comptroller General of the United States shall jointly establish standards for measuring cost savings achieved through the efforts of breakout procurement center representatives and for measuring the extent to which competition has been increased as a result of such efforts. Thereafter, the Administrator shall annually prepare and submit to the Congress a report setting forth— (A) the cost savings achieved during the year covered by such report through the efforts of breakout procurement center representatives; (B) an evaluation of the extent to which competition has been increased as a result of such efforts; and (C) such other information as the Administrator may deem appropriate. (2) Within 180 days following the submission of the second annual report to Congress by the Administrator, the Comptroller General shall report to the Congress an evaluation of the Administration's adherence to the standards jointly established and the accuracy of the information the Administration has submitted to the Congress. PROCUREMENT NOTICES

Effective date.

Effective date.

SEC. 404. (a) Section 8 of the Small Business Act (15 U.S.C. 637) is amended by striking out subsection (e) and inserting in lieu thereof the following new subsections: "(e)(1) Except as provided in subsection (g)— "(A) an executive agency intending to— "(i) solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000; or "(ii) place an order, expected to exceed $10,000, under a basic agreement, basic ordering agreement, or similar arrangement, shall furnish for publication by the Secretary of Commerce a notice described in subsection (b); and "(B) an executive agency awarding a contract for property or services for a price exceeding $25,000, or placing an order referred to in clause (A)(ii) exceeding $25,000, shall furnish for publication by the Secretary of Commerce a notice announcing the award or order if there is likely to be any subcontract under such contract or order. "(2) The Secretary of Commerce shall publish promptly in the Commerce Business Daily each notice required by paragraph (1). "(3) Whenever an executive agency is required by paragraph (1)(A) to furnish a notice to the Secretary of Commerce, such executive agency may not— "(A) issue the solicitation earlier than 15 days after the date on which the notice is published by the Secretary of Commerce; or "(B) establish a deadline for the submission of all bids or proposals in response to the notice required by paragraph (1)(A) that— "(i) in the case of an order under a basic agreement, basic ordering agreement, or similar arrangement, is earlier than the date 30 days after the date the notice required by paragraph (l)(A)(ii) is published;

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/711

 PUBLIC LAW 98-577—OCT. 30, 1984

98 STAT. 3083

"(ii) in the case of a solicitation for research and develop- Research and ment, is earlier than the date 45 days after the date the development. notice required by paragraph (l)(A)(i) is published; or "(iii) in any other case, is earlier than the date 30 days after the date the solicitation is issued. "(f) Each notice of solicitation required by subsection (e)(1)(A) shall include— "(1) an accurate description of the property or services to be contracted for, which description (A) shall not be unnecessarily restrictive of competition, and (B) shall include, as appropriate, the agency nomenclature. National Stock Number or other part number, and a brief description of the item's form, fit, or function, physical dimensions, predominant material of manufacture, or similar information that will assist a prospective contractor to make an informed business judgment as to whether a copy of the solicitation should be requested; "(2) provisions that— "(A) state whether the technical data required to respond to the solicitation will not be furnished as part of such solicitation, and identify the source in the Government, if any, from which the technical data may be obtained; and "(B) state whether an offeror, its product, or service must meet a qualification requirement in order to be eligible for award, and, if so, identify the office from which a qualification requirement may be obtained; "(3) the name, business address, and telephone number of the contracting officer; "(4) a statement that all responsible sources may submit a bid, proposal, or quotation (as appropriate) which shall be considered by the agency; and "(5) in the case of a procurement using procedures other than competitive procedures, a statement of the reason justifying the use of such procedures and the identity of the intended source. "(g)(1) A notice is not required under subsection (a)(1) if— "(A) the notice would disclose the executive agency's needs and the disclosure of such needs would compromise the national security; "(B) the proposed procurement would result from acceptance of— "(i) any unsolicited proposal that demonstrates a unique and innovative research concept and the publication of any notice of such unsolicited research proposal would disclose the originality of thought or innovativeness of the proposal or would disclose proprietary information associated with the proposal; or "(ii) a proposal submitted under section 9 of this Act; "(C) the procurement is made against an order placed under a requirements contract; "(D) the procurement is made for perishable subsistence supplies; or "(E) the procurement is for utility services, other than telecommunication services, and only one source is available. "(2) The requirements of subsection (a)(1)(A) do not apply to any procurement under conditions described in paragraph (2), (3), (4), (5), or (7) of section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)) or paragraph (2), (3), (4), (5), or Ante, p. 1175. (7) of section 2304(c) of title 10, United States Code. Ante, p. 1187.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/712

 98 STAT. 3084

Armed Forces. Government organization and employees.

97 Stat. 1330.

97 Stat. 1326. Ante, p. 1195. Effective date. 15 USC 637 note. Tennessee Valley Authority. 15 USC 637 note.

PUBLIC LAW 98-577—OCT. 30, 1984

"(3) The requirements of subsection (a)(l)(A) shall not apply in the case of any procurement for which the head of the executive agency makes a determination in writing, after consultation with the Administrator for Federal Procurement Policy and the Administrator of the Smsill Business Administration, that it is not appropriate or reasonable to publish a notice before issuing a solicitation. "(h)(l) An executive agency may not award a contract using procedures other than competitive procedures unless— "(A) except as provided in paragraph (2), a written justification for the use of such procedures has been approved— "(i) in the case of a contract for an amount exceeding $100,000 (but equal to or less than $1,000,000), by the advocate for competition for the procuring activity (without further delegation); "(ii) in the case of a contract for an amount exceeding $1,000,000 (but equal to or less than $10,000,000), by the head of the procuring activity or a delegate who, if a member of the Armed Forces, is a general or flag officer, or, if a civilian, is serving in a position in grade GS-16 or above under the General Schedule (or in a comparable or higher position under another schedule); or "(iii) in the case of a contract for an amount exceeding $10,000,000, by the senior procurement executive of the agency designated pursuant to section 16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(3)) (without further delegation); and "(B) all other requirements applicable to the use of such procedures under title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) or chapter 137 of title 10, United States Code, as appropriate, have been satisfied. "(2) The same exceptions as are provided in section 303(fK2) of the Federal Property and Administration Services Act of 1949 (41 U.S.C. 253(fK2)) or section 2304(f)(2) of title 10, United States Code, shall apply with respect to the requirements of paragraph (1)(A) of this subsection in the same manner as such exceptions apply to the requirements of section 303(fKl) of such Act or section 2304(f)(1) of such title, as appropriate. "(i) An executive agency shall make available to any business concern, or the authorized representative of such concern, the complete solicitation package for any on-going procurement announced pursuant to a notice under subsection (e). An executive agency may require the payment of a fee, not exceeding the actual cost of duplication, for a copy of such package. "(j) For purposes of this section, the term 'executive agency' has the meaning provided such term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).". (b) The amendment made by subsection (a) shall take effect with respect to any solicitation for bids or proposals issued after March 31, 1985. (c) The provisions of the amendment made by subsection (a) of this section shall apply to the Tennessee Valley Authority only with respect to procurements to be paid from appropriated funds.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/713

 PUBLIC LAW 98-577—OCT. 30, 1984

98 STAT. 3085

TITLE V—OTHER PROCUREMENT PROVISIONS REGULATIONS ON OVERHEAD

SEC. 501. Not later than 180 days after the date of enactment of this Act the single system of Government-wide procurement regulations (as defined in section 4(4)) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(4)) shall be revised to include or amend, as appropriate, provisions relating to the manner in which each executive agency (as defined in section 4(1) of such Act (41 U.S.C. 403(1)) may negotiate prices for supplies to be obtained through the use of other than competitive procedures, as defined in section 4(b) of such Act (41 U.S.C. 403(b)). Such revision shall specify the incurred overhead a contractor may appropriately allocate to such supplies, and shall require the contractor to identify those supplies which it did not manufacture or to which it did not contribute significant value. Nothing in this subsection shall require the submission of cost or pricing data not otherwise required by law,

97 Stat. 1326. Ante, p. 1195.

PERSONNEL EVALUATIONS

Sec. 502. The head of each executive agency that is subject to the rovisions of title III of the Federal Property and Administrative ervices Act of 1949 shall ensure, with respect to the employees of that agency whose primary duties and responsibilities pertain to the award of contracts subject to the provisions of this Act, that the performance appraisal system applicable to such employees affords appropriate recognition to, among other factors, efforts— (1) to increase competition and achieve cost savings through the elimination of procedures that unnecessarily inhibit full and open competition; (2) to further the purposes of the Small Business and Federal Procurement Competition Enhancement Act of 1984 and the Defense Procurement Reform Act of 1984; and (3) to further such other objectives and purposes of the Federal acquisition system as may be authorized by law.

P

REPORT ON PRIME CONTRACTORS QUALIFYING ADDITIONAL SOURCES

SEC. 503. Not later than July 1, 1985, the Administrator of the Office of Federal Procurement Policy shall submit to the Congress a report on the desirability and feasibility of various methods that may be used to qualify competitive sources for subsystems, assemblies, and components acquired as part of a major system established by an agency pursuant to Office of Management and Budget (OMB) Circular A-109 entitled "Major Systems Acquisitions" and likely to be reprocured in substantial quantities during the system's service life. Such report shall discuss the desirability and feasibility of a contractual requirement that, in those situations where a prime contractor qualifies its subcontractors and suppliers, the prime contractor be required to— (1) qualify at least two sources for each major subsystem, assembly, or component during the term of the contract; or (2) furnish to the United States as a deliverable item under the contract, the qualification standards and processes employed by the prime contractor, so as to permit the United States to qualify additional sources for future competitive procurements.

Government organization and employees. 41 USC 414a. 41 USC 251.

�


text:
Page:Travels to Discover the Source of the Nile - In the Years 1768, 1769, 1770, 1771, 1772, and 1773 volume 2.djvu/451

 and quibbles with the monks concerning it, yet he suffered each sect to enjoy its own, and, probably, in his heart he perfectly despised both.

monks, however, were far from possessing any such spirit of toleration. They considered the deposing of Acab Saat, Constantius, and the Itchegué Tzaga Christos, as a declaration of dislike the king entertained towards their party. They bore with great impatience and indignation, that Abuna Sanuda, who was once their zealous partizan in the time of Hannes, should now suddenly change his sentiments, and declare implicitly for those of the king, and thereby increase both the number and the consequence of their adversaries. They declared that they would suffer every thing rather than live under a king who shewed himself so openly a favourer of Debra Libanos, though it was now but their turn, having in the last reign had a king more partial, and more attached to St Eustathius, than ever Yasous was to any set of monks whatever.

ringleaders in all these seditious declarations were Abba Tebedin, superior of the monastery of Gondga, and Kasmati Wali of Damot, by origin a Galla. These two turbulent men, having first drawn over to their party the Agows and province of Damot, passed over the Nile to Goodero and Basso, whom they joined, and then proclaimed king one Isaac, grand son of Socinios a prince, who was never sent to the mountain, but whose predecessors, being at liberty when Facilidas first banished his brothers and children to Wechne, had fled to the Galla, and there remained in obscurity, waiting the juncture which now happened to declare his royal descent, and offer himself for king.


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/714

 98 STAT. 3086

PUBLIC LAW 98-577—OCT. 30, 1984 TECHNICAL AMENDMENTS TO COMPETITION IN CONTRACTING ACT OF 1984

41 USC 253.

41 USC 259.

Ante, p. 1180.

Ante, p. 1187.

SEC. 504. (a)(1) Section 303(b) of the Federal Property and Administration Services Act of 1949 (41 U.S.C. 253) is amended by striking out paragraph (2) and inserting in lieu thereof the following: "(2) An executive agency may provide for the procurement of property or services covered by this section using competitive procedures, but excluding other than small business concerns in furtherance of sections 9 and 15 of the Small Business Act (15 U.S.C. 639; 644). "(3) A contract awarded pursuant to the competitive procedures referred to in paragraphs (1) and (2) shall not be subject to the justification and approval required by subsection (f)(1).". (2) Section 303(f) of such Act is amended by striking out the last sentence of paragraph (2) and by inserting in lieu thereof the following: "The justification and approval required by paragraph (1) is not required in the case of a procurement permitted by subsection (c)(7) or in the case of a procurement conducted under— "(A) the Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as the Wagner-O'Day Act; or "(B) the authority of section 8(a) of the Small Business Act (15 U.S.C. 637).". (3) Section 309(b) of such Act is amended— (A) by striking out the period at the end of paragraph (3) and by inserting in lieu thereof a semicolon; and (B) by adding at the end thereof the following new paragraphs: "(4) procurements conducted in furtherance of section 15 of the Small Business Act (15 U.S.C. 644) as long as all responsible business concerns that are entitled to submit offers for such procurements are permitted to compete; and "(5) a competitive selection of research proposals resulting from a general solicitation and peer review or scientific review (as appropriate) solicited pursuant to section 9 of the Small Business Act (15 U.S.C. 638).". (4) Section 309(c) of such Act is amended by striking out "and 'responsible source' have" and inserting in lieu thereof ", 'responsible source', 'technical data', 'major system', 'item', 'item of supply', and 'supplies' have". (b)(l) Section 2304(b) of title 10, United States Code, is amended by striking out paragraph (2) and inserting in lieu thereof the following: "(2) An executive agency may provide for the procurement of property or services covered by this section using competitive procedures, but excluding other than small business concerns in furtherance of sections 9 and 15 of the Small Business Act (15 U.S.C. 639; 644). "(3) A contract awarded pursuant to the competitive procedures referred to in paragraphs (1) and (2) shall not be subject to the justification and approval required by subsection (f)(1).". (2) Section 2304(f) of such title is amended by striking out the last sentence of paragraph (2) and by inserting in lieu thereof the following: "The justification and approval required by paragraph (1) is not required in the case of a procurement permitted by subsection (c)(7) or in the case of a procurement conducted under—

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/715

 PUBLIC LAW 98-577—OCT. 30, 1984

98 STAT. 3087

"(A) the Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as the Wagner-O'Day Act; or "(B) the authority of section 8(a) of the Small Business Act (15 U.S.C. 637).". (3) Section 2302(2) of such title is amended— (A) by striking out "and" at the end of subparagraph (B); Ante, p. 1186. (B) by striking out the period at the end of paragraph (C) and by inserting in lieu thereof a semicolon; and (C) by adding at the end thereof the following new subparagraphs: "(D) procurements conducted in furtherance of section 15 of the Small Business Act (15 U.S.C. 644) as long as all responsible business concerns that are entitled to submit offers for such procurements are permitted to compete; and "(E) a competitive selection of research proposals resulting from a general solicitation and peer review or scientific review (as appropriate) solicited pursuant to section 9 of the Small Business Act (15 U.S.C. 638).". REPEAL

SEC. 505. Section 2311 of title 10, United States Code (as amended by section 1214 of the Defense Procurement Reform Act of 1984), is amended— (1) by striking out "(a)" at the beginning of subsection (a); and (2) by striking out subsection (b). Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 4209 (S. 2489): HOUSE REPORT No. 98-528 (Comm. on Small Business). SENATE REPORT No. 98-523 accompanying S. 2489 (Comm. on Small Business). CONGRESSIONAL RECORD, Vol. 130 (1984): May 21, considered and passed House. Aug. 7, considered and passed Senate, amended, in lieu of S. 2489. Oct. 2, House agreed to Senate amendments with amendments. Oct. 4. Senate concurred in House amendments.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/716

 98 STAT. 3088

PUBLIC LAW 98-578—OCT. 30, 1984

Public Law 98-578 98th Congress An Act Oct. 30, 1984 [H.R. 4263] Tennessee Wilderness Act of 1984. National Wilderness Preservation System. National Forest System. 16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

To designate certain lands in the Cherokee National Forest, Tennessee, as wilderness areas, and to allow management of certain lands for uses other than wilderness.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Tennessee Wilderness Act of 1984". DESIGNATION OF WILDERNESS AREAS

SEC. 2. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131-1136), the following lands are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: (1) certain lands in the Cherokee National Forest, Tennessee, which comprise approximately five thousand and fifty-five acres, as generally depicted on a map entitled "Big Frog Wilderness—Proposed", dated April 1984, and which shall be known as the Big Frog Wilderness; (2) certain lands in the Cherokee National Forest, Tennessee, which comprise approximately sixteen thousand acres, as generally depicted on a map entitled "Citico Creek Wilderness— Proposed", dated April 1984, and which shall be known as the Citico Creek Wilderness; and (3) certain lands in the Cherokee National Forest, Tennessee, which comprise approximately three thousand eight hundred and eighty-seven acres, as generally depicted on a map entitled "Bald River Gorge Wilderness—Proposed", dated April 1984, and which shall be known as the Bald River Gorge Wilderness. MAPS AND DESCRIPTIONS

Public availability.

SEC. 3. As soon as practicable after enactment of this Act, the Secretary of Agriculture shall file a map and a legal description of each wilderness area designated by this Act with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and with the Committee on Agriculture, Nutrition, and Forestry of the United States Senate. Each such map and description shall have the same force and effect as if included in this Act, except that correction of clerical and typographical errors in each such map and description may be made by the Secretary. Each such map and description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. ADMINISTRATION OF WILDERNESS

16 USC 1131 note.

SEC. 4. Subject to valid existing rights, each wilderness area designated by this Act shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness, except that

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/717

 PUBLIC LAW 98-578—OCT. 30, 1984

98 STAT. 3089

any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act.

16 USC 1131 note.

EFFECT OF RARE II

SEC. 5. (a) The Congress finds that— (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); and (2) the Congress has made its own review and examination of National Forest System roadless areas in Monroe and Polk Counties, Tennessee, and of the environmental impacts associated with alternative allocations of such areas. (b) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to National Forest System lands other than in Monroe and Polk Counties, Tennessee, such statement shall not be subject to judicial review with respect to National Forest System lands in Monroe and Polk Counties, Tennessee; (2) with respect to the National Forest System lands in Monroe and Polk Counties, Tennessee, which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d), except those lands designated for wilderness study upon enactment of this Act, that review and evaluation or reference shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revisions of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time, the Secretary of Agriculture finds that conditions in a unit have significantly changed; (3) areas in Monroe and Polk Counties, Tennessee, reviewed in such final environmental statement or referenced in subsection (d) and not designated as wilderness or for wilderness study upon enactment of this Act shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976: Provided, That such areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial land management plans; and (4) in the event that revised land management plans in Monroe and Polk Counties, Tennessee, are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be man-

Conservation.

16 USC 1600 note,

16 USC 1604.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/718

 98 STAT. 3090

16 USC 1600 •^o*^^ 16 USC 1604.

PUBLIC LAW 98-578—OCT. 30, 1984

aged for the purpose of protecting their suitability for wilderness designation prior to or during revision of such plans, and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation sis may be required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law. (c) As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, the term "revision" shall not include an "amendment" to a plan. (d) The provisions of this section shall also apply to National Forest System roadless lands in Monroe and Polk Counties, Tennessee, which are less than five thousand acres in size. DESIGNATION OF WILDERNESS STUDY AREAS

16 USC 1131 "0^^-

SEC. 6. (a) In furtherance of the purposes of the Wilderness Act, the following lands shall be reviewed by the Secretary of Agriculture as to their suitability for preservation as wilderness during preparation of the initial land management plan for the Cherokee National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended: (1) certain lands in the Cherokee National Forest, which comprise approximately four thousand eight hundred acres, as generally depicted on a map entitled "Little Frog Wilderness Study Area—Proposed," dated April 1984, and which shall be known as the Little Frog Wilderness Study Area; and (2) certain lands in the Cherokee National Forest which comprise approximately three thousand acres, as generally depicted on a map entitled "Big Frog Study Area," dated April 1984. (b) Subject to valid existing rights, the Little Frog Wilderness Study Area designated by this section shall, until Congress determines otherwise, be administered by the Secretary so as to maintain its presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System. Approved October 80, 1984.

LEGISLATIVE HISTORY—H.R. 4263: HOUSE REPORT No. 98-714, Pt. I (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-615 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 30, May 1, considered and passed House. Oct. 2, considered and passed Senate, amended. Oct. 4, House concurred in Senate amendments.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/719

 PUBLIC LAW 98-579—OCT. 30, 1984

98 STAT. 3091

Public Law 98-579 98th Congress An Act To designate the Federal Building and United States Courthouse in Ocala, Florida, as the "Golden-Collum Memorial Federal Building and United States Courthouse".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Building and United States Courthouse located at 207 Northwest Second Street, Ocala, Florida, is designated as the "Golden-Collum Memorial Federal Building and United States Courthouse". Any reference in a law, map, regulation, document, record, or other paper of the United States to that building shall be deemed to be a reference to the "Golden-Collum Memorial Federal Building and United States Courthouse". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 4354: HOUSE REPORT No. 98-933 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 9, considered and passed House. Oct. 11, considered and passed Senate.

Oct. 30, 1984 [H.R. 4354]

Public buildings and grounds.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/720

 98 STAT. 3092

PUBLIC LAW 98-580—OCT. 30, 1984 Public Law 98-580 98th Congress An Act

Oct. 30, 1984 [H.R. 4473]

Public buildings and grounds.

To designate the Federal Archives and Records Center in San Bruno, California, as the "Leo J. Ryan Memorial Federal Archives and Records Center".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Archives and Records Center located at 1000 Commodore Drive in San Bruno, California, is designated as the "Leo J. Ryan Memorial Federal Archives and Records Center". Any reference in a law, map, regulation, document, record or other paper of the United States to that building shall be deemed to be a reference to the "Leo J. Ryan Memorial Federal Archives and Records Center". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 4473: CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 18, considered and passed House. Vol. 130 (1984): Oct. 10, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/721

 PUBLIC LAW 98-581—OCT. 30, 1984

98 STAT. 3093

Public Law 98-581 98th Congress An Act To authorize appropriations for the Office of Environmental Quality and the Council on Environmental Quality for fiscal years 1985 and 1986, and for other purposes.

Oct. 30, 1984 [H.R. 4585]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 205 of the Environmental QuaHty Improvement Act of 1970 (42 U.S.C. 4374(c)) is amended by adding at the end thereof the following new paragraph: "(d) $480,000 for each of the fiscal years ending September 30, 1985 and September 30, 1986.". SEC. 2. The Environmental Quality Improvement Act of 1970 (42 U.S.C. 4371-4374) is further amended by adding at the end thereof the following new section: OFFICE MANAGEMENT FUND

"SEC. 206. (a) There is established an Office of Environmental Quality Management Fund (hereinafter referred to as the 'Fund') to receive advance payments from other agencies or accounts that may be used solely to finance— "(1) study contracts that are jointly sponsored by the Office and one or more other Federal agencies; and "(2) Federal interagency environmental projects (including task forces) in which the Office participates. "(b) Any study contract or project that is to be financed under subsection (a) may be initiated only with the approval of the Director. "(c) The Director shall promulgate regulations setting forth policies and procedures for operation of the Fund.". SEC. 3. Section 2(1) of the Act entitled "An Act to establish the Tensas River National Wildlife Refuge", approved June 28, 1980 (19 U.S.C. 668dd note), is amended— (1) by inserting "(A)" immediately after "includes"; and (2) by inserting immediately before the period at the end thereof the following: "; and (B) any additional lands and waters, and interests therein, adjacent to the boundaries

Establishment. 42 USC 4375.

Regulations.

16 USC 668dd note.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/722

 98 STAT. 3094

PUBLIC LAW 98-581—OCT. 30, 1984 depicted on that map that are considered appropriate for inclusion in the refuge by the Secretary". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 4585 (S. 2703): HOUSE REPORT No. 98-702 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 98-474 accompanying S. 2703 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 30, May 1, considered and passed House. June 21, considered and passed Senate, amended. Aug 9, House concurred in Senate amendment with amendments. Oct. 10, Senate concurred in House amendments.

�


text: Author:George Huntington Williams

title: Author:George Huntington Williams


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/723

 PUBLIC LAW 98-582—OCT. 30, 1984

98 STAT. 3095

Public Law 98-582 98th Congress An Act To designate the Federal Building and United States Courthouse at 1961 Stout Street, Denver, Colorado, as the "Byron G. Rogers Federal Building and United States Courthouse". . • «

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Building and United States Courthouse at 1961 Stout Street, in Denver, Colorado, shall hereafter be known and designated as the "Byron G. Rogers Federal Building and United States Courthouse". Any reference in any law, map, regulation, document, record, or any other paper of the United States to such building shall be deemed to be a reference to the "Byron G. Rogers Federal Building and United States Courthouse". SEC. 2. The Lowndesville Recreation Area, located within the Richard B. Russell Dam and Lake project. South Carolina and Georgia, shall hereafter be known and designated as the "Jim Rampey Recreation Area". Any reference in any law, map, regulation, document, record, or other paper of the United States to such recreation area shall be deemed to be a reference to such area as the "Jim Rampey Recreation Area". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 4700: HOUSE REPORT No. 98-625 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 2, considered and passed House. Oct. 11, considered and passed Senate, amended; House concurred in Senate amendment.

Qct 30 1984 [H.R. 4700]

Public buildings and grounds.

Jim Rampey Recreation Area.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/724

 98 STAT. 3096

PUBLIC LAW 98-583—OCT. 30, 1984

Public Law 98-583 98th Congress An Act Oct. 30, 1984 [H.R. 4717]

Public buildings and grounds.

To designate the Federal Building and United States Courthouse in Las Vegas, Nevada, as the "Foley Federal Building and United States Courthouse".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Building and United States Courthouse located at 300 Las Vegas Boulevard South, Las Vegas, Nevada, is designated as the "Foley Federal Building and United States Courthouse". Any reference in a law, map, regulation, document, record, or other paper of the United States to that building shall be deemed to be a reference to the "Foley Federal Building and United States Courthouse". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 4717: HOUSE REPORT No. 98-932 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 9, considered and passed House. Oct. 11, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/725

 PUBLIC LAW 98-584—OCT. 30, 1984

98 STAT. 3097

Public Law 98-584 98th Congress An Act To recognize the organization known as the Women's Army Corps Veterans' Association.

Oct. 30, 1984 [H.R. 4966]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CHARTER

SECTION 1. The Women's Army Corps Veterans' Association, a nonprofit corporation organized under the laws of the District of Columbia, is recognized as such and is granted a Federal charter.

Corporation. 36 USC 3101.

POWERS

SEC. 2. The Women's Army Corp Veterans' Association (hereinafter in this Act referred to as the "corporation"), shall have only those powers granted to it through its bylaws and articles of incorporation filed in the States in which it is incorporated, and subject to the laws of such States.

36 USC 3102.

OBJECTS AND PURPOSES OF CORPORATION

SEC. 3. The objects and purposes of the corporation are those provided in its articles of incorporation and shall include a continuing commitment on a national basis to— (1) promote the general welfare of all veterans, especially women veterans, who have served or are serving in the United States Army, the Army Reserve, and the Army National Guard; (2) recognize outstanding women in college ROTC units throughout the United States; and (3) provide services and support to patients in Veterans' Administration Hospitals throughout the United States.

36 USC 3103.

SERVICE OF PROCESS

SEC. 4. With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and in which it carries on activities in furtherance of its corporate purposes.

36 USC 3104.

MEMBERSHIP

SEC. 5. Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the constitution and bylaws of the corporation.

36 USC 3105.

BOARD OF DIRECTORS

SEC. 6. The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of

36 USC 3106.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/726

 98 STAT. 3098

PUBLIC LAW 98-584—OCT. 30, 1984

the corporation and in conformity with the laws of the States in which it is incorporated. OFFICERS

36 USC 3107.

SEC. 7. The officers of the corporation and the election of such officers shall be as provided in the articles of incorporation of the corporation and shall be in conformity with the laws of the States in which it is incorporated. RESTRICTIONS ON CORPORATE POWERS

36 USC 3108.

SEC. 8. (a) No part of the income or assets of the corporation may inure to any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual and necessary expenses in amounts approved by the board of directors. (b) The corporation may not make any loan to any officer, director, or employee of the corporation. (c) Neither the corporation nor any officer or director thereof may contribute to, support, or otherwise participate in any political activity or attempt in any manner to influence legislation. (d) The corporation shall have no power to issue any shares of stock or to declare or pay any dividends. (e) The corporation shall not claim the approval or authorization of the Federal Government for any of its activities. LIABILITY

36 USC 3109.

SEC. 9. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. BOOKS AND RECORDS; INSPECTION

36 USC 3110.

SEC. 10. The corporation shall keep correct and complete books and records of accounts and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law. AUDIT OF FINANCIAL TRANSACTIONS

SEC. 11. The first section of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal law", approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end thereof the following: "(64) Women's Army Corps Veterans' Association.".

�


text: Author:Gorham Deane Williams

title: Author:Gorham Deane Williams


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/727

 PUBLIC LAW 98-584—OCT. 30, 1984

98 STAT. 3099

ANNUAL REPORT

SEC. 12. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit of the corporation required by section 2 of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal law", approved August 30, 1964 (36 U.S.C. 1101). The report shall not be printed as a public document.

36 USC 3111.

RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER

SEC. 13. The right to amend or repeal this Act is expressly reserved to the Congress.

Congress. 36 USC 3112.

DEFINITION OF " S T A ^ E "

SEC. 14. For purposes of this Act, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.

36 USC 3113.

TAX-EXEMPT STATUS

SEC. 15. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1954. If the corporation fails to maintain such status, the charter granted by this Act shall expire.

36 USC 3114.

TERMINATION

SEC. 16. If the corporation fails to comply with any of the restrictions or provisions of this Act, the charter granted by this Act shall expire. Approved October 30, 1984.

LEGISLATIVE HISTORY-H.R. 4966 (S. 2720): CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 26, considered and passed House. Oct. 4, considered and passed Senate, amended. Oct. 5, House concurred in Senate amendments.

36 USC 3115.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/728

 98 STAT. 3100

PUBLIC LAW 98-585—OCT. 30, 1984

Public Law 98 -585 98th Congress An Act Oct. 30, 1984 [H.R. 5076] Pennsylvania Wilderness Act of 1984. National Wilderness Preservation System. National Forest System. National parks, monuments, etc. 16 USC 460qq note.

To designate certain areas in the Allegheny National Forest as wilderness and recreation areas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Pennsylvania Wilderness Act of 1984". FINDINGS

SEC. 2. The Congress finds and declares that— (1) there is an urgent need to identify and protect natural areas to meet the recreational needs of Americans; (2) certain lands within the Allegheny National Forest in Pennsylvania are worthy of inclusion in the National Wilderness Preservation System; and (3) certain other lands within the Allegheny National Forest are suitable for designation as a national recreational area. PURPOSE

16 USC 460qq note.

SEC. 3. It is the purpose of this Act to— (1) establish the Allegheny Islands Wilderness and the Hickory Creek Wilderness; (2) establish the Allegheny National Recreation Area so as to ensure the preservation and protection of the area's natural, scenic, scientific, historic, archaeological, ecological, educational, watershed, and wildlife values and to provide for the enhancement of recreational opportunities, particularly undeveloped recreational opportunities; and (3) ensure that any mineral exploration and development that takes place within the recreation area is done in an environmentally sound manner. WILDERNESS DESIGNATIONS

16 USC 1132 note.

16 USC 1132 note.

SEC. 4. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131-1136), the following lands in the State of Pennsylvania are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: (1) certain lands in the Allegheny National Forest, Pennsylvania, which comprise approximately three hundred and sixtyeight acres, as generally depicted on a map entitled "Allegheny Islands Wilderness—Proposed", dated March 1984, composed of Crulls Island, Thompsons Island, R. Thompsons Island, Courson Island, King Island, Baker Island, and No Name Island, and which shall be known as the Allegheny Islands Wilderness; and (2) certain lands in the Allegheny National Forest, Pennsylvania, which comprise approximately nine thousand three hundred and thirty-seven acres as generally depicted on a map entitled "Hickory Creek Wilderness—Proposed", dated March

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/729

 PUBLIC LAW 98-585—OCT. 30, 1984

98 STAT. 3101

1984, and which shall be known as the Hickory Creek Wilderness. ADMINISTRATION OF WILDERNESS

SEC. 5. (a) Subject to valid existing rights, each wilderness area designated by this Act shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act 16 USC 1131 governing areas designated by that Act as wilderness, except that "o^e. any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (b) As provided in section 4(d)(8) of the Wilderness Act, nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Pennsylvania with respect to wildlife and fish in the Allegheny National Forest in the State of Pennsylvania. (c)(1) The Secretary is authorized to acquire by purchase, donation, or exchange, with donated or appropriated funds, such lands or interests in lands (including oil, gas, and other mineral interests and scenic easements) within the wilderness areas designated by this Act as the Secretary deems necessary to carry out the purposes of this Act. Such lands and interests in lands may be acquired only with the consent of the owner thereof. (2) Not more than $2,000,000 is authorized to be appropriated for Appropriation the purpose of acquiring, in accordance with this subsection, lands authorization. and interests in lands in the wilderness areas designated by this Act. ALLEGHENY NATIONAL RECREATION AREA

SEC. 6. (a) In furtherance of the findings and purposes of this Act, certain lands in the Allegheny National Forest, Pennsylvania, which comprise approximately twenty-three thousand one hundred acres, as generally depicted on a map entitled "Allegheny National Recreation Area—Proposed", dated March 1984, are hereby designated as the Allegheny National Recreation Area (hereinafter in this Act referred to as the "national recreation area"). The Secretary of Agriculture may revise the boundaries of the national recreation area to correct errors or to include additional lands acquired adjacent to the area. (b) The national recreation area shall be managed for the purposes of— (1) outdoor recreation including, but not limited to, hunting, fishing, hiking, backpacking, camping, nature study, and the use of motorized and nonmotorized boats on the Allegheny Reservoir; (2) the conservation offish and wildlife populations and habitat; (3) the protection of watersheds and the maintenance of free flowing streams and the quality of ground and surface waters in accordance with applicable law; (4) the conservation of scenic, cultural, and other natural values of the area; (5) allowing the development of privately owned oil, gas, and mineral resources subject to reasonable conditions prescribed by the Secretary under subsection (c) for the protection of the area; and

16 USC 460qq.

�