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41 U.S.C. § 133 — Executive agency
Federal law — U.S. Code and appendices · legal_authorities
In division B, the term “executive agency” means—
(1) an executive department specified in [section 101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section101&num=0&edition=prelim);
(2) a military department specified in [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim);
(3) an independent establishment as defined in [section 104(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section104/1&num=0&edition=prelim); and
(4) a wholly owned Government corporation fully subject to chapter 91 of title 31.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 133
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Stable record: federal_law:legal_authorities:record_usc_255ba2d25249a420587edba0
Source file: Laws/federal/codes/united-states-code/title-41/section-133-executive-agency--f6f6a7d502.md
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Passage SHA-256: ebeb6fbb19c9a07205ca41f70c98163e736fef7ad33a6d45e767e1ca8f154eb5
Source location: Title 41, Chapter 1, § 133; chapter-001-chapter-1.md
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In division B, the term “executive agency” means—
(1) an executive department specified in [section 101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section101&num=0&edition=prelim);
(2) a military department specified in [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim);
(3) an independent establishment as defined in [section 104(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section104/1&num=0&edition=prelim); and
(4) a wholly owned Government corporation fully subject to chapter 91 of title 31.
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Federal law — U.S. Code and appendices · legal_authorities
The military departments are:
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 102
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Federal law — U.S. Code and appendices · legal_authorities
The Executive departments are:
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** There is in the Office of the Secretary of Defense an office to be known as the Office of Strategic Capital (in this section referred to as the “Office”).
**(b) Director.—** The Office shall be headed by a Director (in this section referred to as the “Director”), who shall be appointed by the Secretary from among employees in Senior Executive Service positions (as defined in [section 3132 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132&num=0&edition=prelim)), or from outside the civil service who have successfully held equivalent positions.
**(c) Duties.—** The Office shall—
(1) develop, integrate, and implement capital investment strategies proven in the commercial sector to shape and scale investment in critical technologies and assets;
(2) identify and prioritize promising critical technologies and assets that require capital assistance and have the potential to benefit the Department of Defense; and
(3) make eligible investments in such technologies and assets, such as supply chain technologies not always supported through direct investment.
**(d) Non-Federal Funding Requirements for Certain Investments.—** In the case of an eligible investment made through a direct loan, not less than 80 percent of the total capital provided for the specific technology to be funded by the investment shall be derived from non-Federal sources as of the time of the investment.
**(e) Pilot Program on Capital Assistance to Support Defense Investment in the Industrial Base.—**
(1) To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Secretary of Defense, acting through the Director, may carry out a pilot program under this s
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 149
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procurement contracts; subcontracts to disadvantaged small business concerns; performance bonds; contract negotiations; definitions; eligibility; determinations; publication; recruitment; construction subcontracts; annual estimates; Indian tribes**
(1) It shall be the duty of the Administration and it is hereby empowered, whenever it determines such action is necessary or appropriate—
(A) to enter into contracts with the United States Government and any department, agency, or officer thereof having procurement powers obligating the Administration to furnish articles, equipment, supplies, services, or materials to the Government or to perform construction work for the Government. In any case in which the Administration certifies to any officer of the Government having procurement powers that the Administration is competent and responsible to perform any specific Government procurement contract to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. Whenever the Administration and such procurement officer fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator. Not later than 5 days from the date the Administration is notified of a procurement officer’s adverse decision, the Administration may notify the contracting officer of the intent to appeal such adverse decision, and within 15 days of such date the Administrator shall file a written request for a reconsideration of the adverse decision with the Secretary of the department or agency head. For the purposes of this subparagrap
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 637
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports on persons that violate treaties or agreements**
(1) **In general** — Not later than 30 days after the submittal to Congress of an annual report on the status of United States policy and actions with respect to arms control, nonproliferation, and disarmament pursuant to [section 2593a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2593a&num=0&edition=prelim), the Secretary of the Treasury shall submit to the appropriate congressional committees a report, consistent with the protection of intelligence sources and methods, identifying every person with respect to whom there is credible information indicating that—
(A) the person—
(i)
(I) is an individual who is a citizen, national, or permanent resident of a country described in paragraph (2); or
(II) is an entity organized under the laws of a country described in paragraph (2); and
(ii) has engaged in any activity that contributed to or is a significant factor in the President’s or the Secretary of State’s determination that such country is not in full compliance with its obligations as further described in paragraph (2); or
(B) the person has provided material support for such non-compliance to a person described in subparagraph (A).
(2) **Country described** — A country described in this paragraph is a country (other than a country described in paragraph (3)) that the President or the Secretary of State has determined, in the most recent annual report described in paragraph (1), to be not in full compliance with its obligations undertaken in all arms control, nonproliferation, and disarmament agreements or commitments to which the United States is a participating state.
(3) **Excluded countries** — The following countries are not
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2593e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement** The head of an executive agency may not provide or enter into a grant, contract, or cooperative agreement if the estimated value of the services required to be performed under the grant, contract, or cooperative agreement outside the United States exceeds $500,000, unless a duly designated representative of the recipient of such grant, contract, or cooperative agreement certifies to the contracting or grant officer prior to receiving an award and on an annual basis thereafter, after having conducted due diligence, that—
(1) the recipient has implemented a plan to prevent the activities described in [section 7104(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7104/g&num=0&edition=prelim), as amended by section 1702, and is in compliance with that plan;
(2) the recipient has implemented procedures to prevent any activities described in such [section 7104(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7104/g&num=0&edition=prelim) and to monitor, detect, and terminate any subcontractor, subgrantee, or employee of the recipient engaging in any activities described in such section; and
(3) to the best of the representative’s knowledge, neither the recipient, nor any subcontractor or subgrantee of the recipient or any agent of the recipient or of such a subcontractor or subgrantee, is engaged in any of the activities described in such section.
**(b) Limitation** Any plan or procedures implemented pursuant to subsection (a) shall be appropriate to the size and complexity of the grant, contract, or cooperative agreement and to the nature and scope of its activities, including the number of non-United States citizens expected to be employed.
**(c) Disclosure** Th
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7104a
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given that term in [section 5602 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Appropriate congressional committees** — The term “appropriate congressional committees” has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; [50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note), as amended by section 102 of this Act.
(3) **Executive agency** — The term “executive agency” has the meaning given that term in [section 133 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section133&num=0&edition=prelim).
(4) **Family member** — The term “family member” means, with respect to an individual, a spouse, child, parent, sibling, grandchild, or grandparent of the individual.
(5) **Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran** — The term “Iranian diplomat or representative of another government or military or quasi-governmental institution of Iran” means any of the Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran (as that term is defined in section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; [50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note)).
(6) **Knowingly** — The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 8512
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sanctions relating to the defense sector**
(1) **Rosoboronexport** — Except as provided in subsection (d), not later than 30 days after December 18, 2014, the President shall impose 3 or more of the sanctions described in subsection (c) with respect to Rosoboronexport.
(2) **Russian producers, transferors, or brokers of defense articles** — Except as provided in subsection (d), on and after the date that is 45 days after December 18, 2014, the President shall impose 3 or more of the sanctions described in subsection (c) with respect to a foreign person the President determines—
(A) is an entity—
(i) owned or controlled by the Government of the Russian Federation or owned or controlled by nationals of the Russian Federation; and
(ii) that—
(I) knowingly manufactures or sells defense articles transferred into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country;
(II) transfers defense articles into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country; or
(III) brokers or otherwise assists in the transfer of defense articles into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country; or
(B) knowingly, on or after December 18, 2014, assists, sponsors, or provides financial, material, or technological support for, or goods or services to or in support of, an entity described in subparagraph (A) with respect to an activity described in clause (ii) of that subparagraph.
(3) **Specified country defined**
(A) *In general* — In this subsection, the term “specified country” means—
(i) Ukraine, Ge
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 8923
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as provided in this section, the head of an executive agency may not procure, or enter into any contract for the procurement of, any goods or services from any person designated under section 9214(a) or (g) of this title.
**(b) Federal Acquisition Regulation**
(1) **In general** — The Federal Acquisition Regulation issued pursuant to [section 1303(a)(1) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1303/a/1&num=0&edition=prelim) shall be revised to require that each person that is a prospective contractor submit a certification that such person does not engage in any activity described in section 9214(a) or (g) of this title.
(2) **Applicability** — The revision required under paragraph (1) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after February 18, 2016.
**(c) Remedies**
(1) **Inclusion on list** — The Administrator of General Services shall include, on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation, each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under subsection (b).
(2) **Contract termination; suspension** — If the head of an executive agency determines that a person has submitted a false certification under subsection (b) after the date on which the Federal Acquisition Regulation is revised to implement the requirements of this section, the head of such executive agency shall—
(A) terminate any contract with such person; and
(B) debar or suspend such person from eligibility for F
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 9227
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Imposition of tax** There is hereby imposed on any foreign person that receives a specified Federal procurement payment a tax equal to 2 percent of the amount of such specified Federal procurement payment.
**(b) Specified Federal procurement payment** For purposes of this section, the term “specified Federal procurement payment” means any payment made pursuant to a contract with the Government of the United States for—
(1) the provision of goods, if such goods are manufactured or produced in any country which is not a party to an international procurement agreement with the United States, or
(2) the provision of services, if such services are provided in any country which is not a party to an international procurement agreement with the United States.
**(c) Foreign person** For purposes of this section, the term “foreign person” means any person other than a United States person.
**(d) Administrative provisions**
(1) **Withholding** — The amount deducted and withheld under chapter 3 shall be increased by the amount of tax imposed by this section on such payment.
(2) **Other administrative provisions** — For purposes of subtitle F, any tax imposed by this section shall be treated as a tax imposed by subtitle A.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 5000C
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