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41 U.S.C. § 1903 — Special emergency procurement authority

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1903 — Special emergency procurement authority

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Source file: Laws/federal/codes/united-states-code/title-41/section-1903-special-emergency-procurement-authority--cf3dbf9021.md
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Source location: Title 41, Chapter 19, § 1903; chapter-019-chapter-19.md

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**(a) Applicability.—** The authorities provided in subsections (b) and (c) apply with respect to a procurement of property or services by or for an executive agency that the head of the executive agency determines are to be used— (1) in support of a contingency operation (as defined in [section 101(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a&num=0&edition=prelim)); (2) to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States; (3) in support of a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate the provision of international disaster assistance pursuant to chapter 9 of part I of the Foreign Assistance Act of 1961 ([22 U.S.C. 2292](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2292&num=0&edition=prelim) et seq.); or (4) in support of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5122](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5122&num=0&edition=prelim))). **(b) Increased Thresholds and Limitation.—** For a procurement to which this section applies under subsection (a)— (1) the amount specified in section 1902(a), (d), and (e) of this title shall be deemed to be— (A) $15,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and (B) $25,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States; (2) the term “simplified acquisition threshold” means— (A) $750,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and (B) $1,500,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States; and (3) the $5,000,000 limitation in sections 1901(a)(2) and 3305(a)(2) of this title and [section 3205(a)(2) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3205/a/2&num=0&edition=prelim) is deemed to be $10,000,000. **(c) Authority To Treat Property or Service as Commercial Product or Commercial Service.—** (1) **In general.—** — The head of an executive agency carrying out a procurement of property or a service to which this section applies under subsection (a)(2) may treat the property or service as a commercial product or a commercial service for the purpose of carrying out the procurement. (2) **Certain contracts not exempt from standards or requirements.—** — A contract in an amount of more than $15,000,000 that is awarded on a sole source basis for a product or service treated as a commercial product or a commercial service under paragraph (1) is not exempt from— (A) cost accounting standards prescribed under [section 1502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1502&num=0&edition=prelim); or (B) cost or pricing data requirements (commonly referred to as truth in negotiating) under chapter 35 of this title and chapter 271 of title 10.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5122 — Definitions

As used in this chapter— (1) **Emergency.—** — “Emergency” means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. (2) **Major disaster.—** — “Major disaster” means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. (3) “United States” means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) “State” means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) “Governor” means the chief executive of any State. (6) **Indian tribal government.—** — The term “Indian tribal government” means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 ([25 U.S.C.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5122

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2292 — General provisions

**(a) Congressional policy** The Congress, recognizing that prompt United States assistance to alleviate human suffering caused by natural and manmade disasters is an important expression of the humanitarian concern and tradition of the people of the United States, affirms the willingness of the United States to provide assistance for the relief and rehabilitation of people and countries affected by such disasters. **(b) General authority** Subject to limitations in [section 2292a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2292a&num=0&edition=prelim), and notwithstanding any other provision of this chapter or any other Act, the President is authorized to furnish assistance to any foreign country, international organization, or private voluntary organization, on such terms and conditions as he may determine, for international disaster relief and rehabilitation, including assistance relating to disaster preparedness, and to the prediction of, and contingency planning for, natural disasters abroad. **(c) Emergency Food Security Program** (1) **In general** — Subject to the limitations in [section 2292a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2292a&num=0&edition=prelim), and notwithstanding any other provision of this chapter or any other Act, the President is authorized to make available emergency food assistance, including in the form of funds, transfers, vouchers, and agricultural commodities (including products derived from agricultural commodities) acquired through local or regional procurement, to meet emergency food needs arising from manmade and natural disasters. (2) **Designation** — Funds made available under this subsection shall be known as the “International

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2292

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of policy

(a) United States development cooperation policy

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1502 — Cost accounting standards

**(a) Authority.—** (1) **Cost accounting standards board.—** — The Cost Accounting Standards Board has exclusive authority to prescribe, amend, and rescind cost accounting standards, and interpretations of the standards, designed to achieve uniformity and consistency in the cost accounting standards governing measurement, assignment, and allocation of costs to contracts with the Federal Government. (2) **Administrator for federal procurement policy.—** — The Administrator, after consultation with the Board, shall prescribe rules and procedures governing actions of the Board under this chapter. The rules and procedures shall require that any action to prescribe, amend, or rescind a standard or interpretation be approved by majority vote of the Board. **(b) Mandatory Use of Standards.—** (1) **Subcontract.—** (A) *Definition.—* — In this paragraph, the term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor. (B) *When standards are to be used.—* — Cost accounting standards prescribed under this chapter are mandatory for use by all executive agencies and by contractors and subcontractors in estimating, accumulating, and reporting costs in connection with the pricing and administration of, and settlement of disputes concerning, all negotiated prime contract and subcontract procurements with the Federal Government in excess 11 So in original. Probably should be followed by “of”. $35,000,000, as adjusted in accordance with applicable requirements of law, including requirements relating to inflation in [section 1908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1908&num=0&edition=prelim). (C) *Nonapplication of

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1502

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 453b — Litigation management

**(a) Federal cause of action** (1) **In general** — There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers 11 So in original. Probably should be “Sellers”. that provide qualified anti-terrorism technology to Federal and non-Federal government 22 So in original. Probably should be “Government”. customers. (2) **Jurisdiction** — Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. **(b) Special rules** In an action brought under this section for damages the following provisions apply: (1) **Punitive damages** — No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment. (2) **Noneconomic damages** (A) *In general* — Noneconomic damages may be awarde

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 453b

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2292 — General provisions

Page 751 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2292a as part of the Servicemember Quality of Life Improve- ment and National Defense Authorization Act for Fis- cal Year 2025, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Secretary’’ and ‘‘Department’’ as used in this section, see section 7002 of Pub. L. 118–159, set out as a note under section 2651 of this title. PART IX—INTERNATIONAL DISASTER ASSISTANCE § 2292. General provisions (a) Congressional policy The Congress, recognizing that prompt United States assistance to alleviate human suffering caused by natural and manmade disasters is an important expression of the humanitarian con- cern and tradition of the people of the United States, affirms the willingness of the United States to provide assistance for the relief and rehabilitation of people and countries affected by such disasters. (b) General authority Subject to limitations in section 2292a of this title, and notwithstanding any other provision of this chapter or any other Act, the President is authorized to furnish assistance to any for- eign country, international organization, or pri- vate voluntary organization, on such terms and conditions as he may determine, for inter- national disaster relief and rehabilitation, in- cluding assistance relating to disaster prepared- ness, and to the prediction of, and contingency planning for, natural disasters abroad. (c) Emergency Food Security Program (1) In general Subject to the limitations in section 2292a of this title, and notwithstanding any other pro- vision of this chapter or any other Act, the President is authorized to make available emergency food assistance, i

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2292

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1903 — Special emergency procurement authority

Page 59 TITLE 41—PUBLIC CONTRACTS § 1903 (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3720; Pub. L. 114–328, div. A, title II, § 217(b), Dec. 23, 2016, 130 Stat. 2051; Pub. L. 115–91, div. A, title VIII, § 806(a), Dec. 12, 2017, 131 Stat. 1456; Pub. L. 115–232, div. A, title VIII, §§ 812(a)(2)(C)(ix), 821(b), Aug. 13, 2018, 132 Stat. 1847, 1853.) ADJUSTMENT OF MICRO-PURCHASE THRESHOLD For adjustment of dollar threshold pursuant to section 1908 of this title, see definition of micro-purchase threshold in Federal Acquisition Regulation 2.101. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1902 ............ 41:428. Pub. L. 93–400, § 32, as added Pub. L. 103–355, title IV, § 4301(a), Oct. 13, 1994, 108 Stat. 3346; Pub. L. 104–106, title XLIII, §§ 4304(b)(4), (c)(3), 4311, Feb. 10, 1996, 110 Stat. 664, 671. SENATE REVISION AMENDMENT In subsecs. (a), (d), and (e), ‘‘$3,000’’ substituted for ‘‘$2,500’’ by S. Amdt. 4726 (111th Cong.). See 156 Cong. Rec. 18682 (2010). Editorial Notes AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–232, § 821(b), struck out ‘‘sections 2338 and 2339 of title 10 and’’ after ‘‘Ex- cept as provided in’’. Subsec. (b)(1). Pub. L. 115–232, § 812(a)(2)(C)(ix), struck out ‘‘, section 2323 of title 10,’’ after ‘‘(15 U.S.C. 637(a))’’. 2017—Subsec. (a)(1). Pub. L. 115–91 substituted ‘‘$10,000’’ for ‘‘$3,000’’. 2016—Subsec. (a). Pub. L. 114–328, § 217(b)(1), des- ignated existing provisions as par. (1), substituted ‘‘Ex- cept as provided in sections 2338 and 2339 of title 10 and paragraph (2) of this subsection, for purposes’’ for ‘‘For purposes’’ and added par. (2). Subsecs. (d), (e). Pub. L. 114–328, § 217(b)(2), sub- stituted ‘‘with a price not greater than the micro-pur

Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 1903

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5122 — Definitions

Page 6357 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5122 2000, the President would submit to Congress a report describing the results of the State Management of Small Disasters Initiative, including recommendations concerning State administration of parts of the pro- gram. STUDY REGARDING COST REDUCTION Pub. L. 106–390, title II, § 209, Oct. 30, 2000, 114 Stat. 1571, as amended by Pub. L. 109–139, § 3, Dec. 22, 2005, 119 Stat. 2649, provided that: ‘‘Not later than September 30, 2007, the Director of the Congressional Budget Office shall complete a study estimating the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment of this Act [see Short Title of 2000 Amendment note above].’’ STUDY OF PARTICIPATION BY INDIAN TRIBES IN EMERGENCY MANAGEMENT Pub. L. 106–390, title III, § 308, Oct. 30, 2000, 114 Stat. 1575, required the Director of the Federal Emergency Management Agency to conduct a study of participa- tion by Indian tribes in emergency management and submit a report no later than 1 year after Oct. 30, 2000. NATIONAL DROUGHT POLICY Pub. L. 105–199, July 16, 1998, 112 Stat. 641, as amended by Pub. L. 106–78, title VII, § 753, Oct. 22, 1999, 113 Stat. 1170, known as the ‘‘National Drought Policy Act of 1998’’, established the National Drought Policy Com- mission to study and submit a report on national drought policy and terminated the Commission 90 days after the submission of the report. RECOMMENDATIONS CONCERNING IMPROVEMENT OF RELA- TIONSHIPS AMONG DISASTER MANAGEMENT OFFICIALS Pub. L. 100–707, title I, § 110, Nov. 23, 1988, 102 Stat. 4710, provided that not later than 1 year after Nov. 23, 1988, the President was to recommend to the Congress proposals to improve the operational and fiscal

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5122

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 5122. This identifies an authority to review, not proof of applicability.