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6 U.S.C. § 444 — Application of certain commercial items authorities to certain procurements

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

6 U.S.C. § 444 — Application of certain commercial items authorities to certain procurements

**(a) Authority** (1) **In general** — The head of an executive agency may apply the provisions of law listed in paragraph (2) to a procurement referred to in [section 422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section422&num=0&edition=prelim) without regard to whether the property or services are commercial items. (2) **Commercial item laws** — The provisions of law referred to in paragraph (1) are as follows: (A) Sections 1901 and 1906 of title 41. (B) [Section 3205 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3205&num=0&edition=prelim). (C) [Section 3305 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3305&num=0&edition=prelim). **(b) Inapplicability of limitation on use of simplified acquisition procedures** (1) **In general** — The $5,000,000 limitation provided in [section 1901(a)(2) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901/a/2&num=0&edition=prelim), [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), and [section 3305(a)(2) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3305/a/2&num=0&edition=prelim) shall not apply to purchases of property or services to which any of the provisions of law referred to in subsection (a) are applied under the authority of this section. (2) **OMB guidance** — The Director of the Office of Management and Budget shall issue guidance and procedures for the use of simplified acquisition procedures for a purchase of property or services in excess of $5,000,000 under the authority of this section. **(c) Continuation

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Source location: Title 6, Chapter 1, § 444; chapter-001-homeland-security-organization.md

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

6 U.S.C. § 422 — Labor-management relations

**(a) Limitation on exclusionary authority** (1) **In general** — No agency or subdivision of an agency which is transferred to the Department pursuant to this chapter shall be excluded from the coverage of chapter 71 of title 5 as a result of any order issued under section 7103(b)(1) of such title 5 after June 18, 2002, unless— (A) the mission and responsibilities of the agency (or subdivision) materially change; and (B) a majority of the employees within such agency (or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to terrorism investigation. (2) **Exclusions allowable** — Nothing in paragraph (1) shall affect the effectiveness of any order to the extent that such order excludes any portion of an agency or subdivision of an agency as to which— (A) recognition as an appropriate unit has never been conferred for purposes of chapter 71 of such title 5; or (B) any such recognition has been revoked or otherwise terminated as a result of a determination under subsection (b)(1). **(b) Provisions relating to bargaining units** (1) **Limitation relating to appropriate units** — Each unit which is recognized as an appropriate unit for purposes of chapter 71 of title 5 as of the day before the effective date of this chapter (and any subdivision of any such unit) shall, if such unit (or subdivision) is transferred to the Department pursuant to this chapter, continue to be so recognized for such purposes, unless— (A) the mission and responsibilities of such unit (or subdivision) materially change; and (B) a majority of the employees within such unit (or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to terrorism investigation.

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

41 U.S.C. § 3305 — Simplified procedures for small purchases

**(a) Authorization.—** To promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for special simplified procedures for purchases of property and services for amounts— (1) not greater than the simplified acquisition threshold; and (2) greater than the simplified acquisition threshold but not greater than $5,000,000 for which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial products or commercial services. **(b) Leasehold Interests in Real Property.—** The Administrator of General Services shall prescribe regulations that provide special simplified procedures for acquisitions of leasehold interests in real property at rental rates that do not exceed the simplified acquisition threshold. The rental rate under a multiyear lease does not exceed the simplified acquisition threshold if the average annual amount of the rent payable for the period of the lease does not exceed the simplified acquisition threshold. **(c) Prohibition on Dividing Contracts.—** A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts to use the simplified procedures required by subsection (a). **(d) Promotion of Competition.—** In using the simplified procedures, an executive agency shall promote competition to the maximum extent practicable. **(e) Compliance With Special Requirements of Federal Acquisition Regulation.—** An executive agency shall comply with the Federal Acquisition Regulation provisions referred to in [section 1901(e) of this title](https://uscode.house.gov/

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

10 U.S.C. § 2304 — Repealed. Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293]

### Statutory Notes Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 85–800, § 8, Aug. 28, 1958, 72 Stat. 967; Pub. L. 85–861, § 33(a)(12), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 87–653, § 1(a)–(c), Sept. 10, 1962, 76 Stat. 528; Pub. L. 90–268, § 5, Mar. 16, 1968, 82 Stat. 50; Pub. L. 90–500, title IV, § 405, Sept. 20, 1968, 82 Stat. 851; Pub. L. 93–356, § 4, July 25, 1974, 88 Stat. 390; Pub. L. 96–513, title V, § 511(76), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 97–86, title IX, § 907(a), Dec. 1, 1981, 95 Stat. 1117; Pub. L. 97–295, § 1(24), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 97–375, title I, § 114, Dec. 21, 1982, 96 Stat. 1821; Pub. L. 98–369, div. B, title VII, §§ 2723(a), 2727(b), July 18, 1984, 98 Stat. 1187, 1194; Pub. L. 98–577, title V, § 504(b)(1), (2), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 99–145, title IX, § 961(a)(1), title XIII, § 1303(a)(13), Nov. 8, 1985, 99 Stat. 703, 739; Pub. L. 99–500, § 101(c) [title X, §§ 923(a)–(c), 927(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–152, 1783–155, and Pub. L. 99–591, § 101(c) [title X, §§ 923(a)–(c), 927(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–152, 3341–155; Pub. L. 99–661, div. A, title IX, formerly title IV, §§ 923(a)–(c), 927(a), title XIII, § 1343(a)(14), Nov. 14, 1986, 100 Stat. 3932, 3935, 3993, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–26, § 7(d)(3), Apr. 21, 1987, 101 Stat. 281; Pub. L. 100–456, div. A, title VIII, § 803, Sept. 29, 1988, 102 Stat. 2008; Pub. L. 101–189, div. A, title VIII, §§ 812, 817, 818, 853(d), Nov. 29, 1989, 103 Stat. 1493, 1501, 1502, 1519; Pub. L. 101–510, div. A, title VIII, § 806(b), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 102–25, title VII, § 701(d)(2), Apr. 6, 1991, 105 Stat. 114; Pub. L. 102–484, div. A, title VIII, §§ 801(

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

10 U.S.C. § 3205 — Simplified procedures for small purchases

**(a) Authorization.—** In order to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for— (1) special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold; and (2) special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold but not greater than $5,000,000 with respect to which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial products or commercial services. **(b) Prohibition on Dividing Contracts.—** A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts in order to use the simplified procedures required by subsection (a). **(c) Promotion of Competition.—** In using simplified procedures, the head of an agency shall promote competition to the maximum extent practicable. **(d) Compliance With Special Requirements of Federal Acquisition Regulation.—** The head of an agency shall comply with the Federal Acquisition Regulation provisions referred to in [section 1901(e) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901/e&num=0&edition=prelim).

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

49 U.S.C. § 44919 — PreCheck Program

**(a) In General.—** The Administrator of the Transportation Security Administration shall continue to administer the PreCheck Program in accordance with section 109(a)(3) of the Aviation and Transportation Security Act ([49 U.S.C. 114](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section114&num=0&edition=prelim) note). **(b) Expansion.—** Not later than 180 days after the date of enactment of the TSA Modernization Act, the Administrator shall enter into an agreement, using other transaction authority under [section 114(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section114/m&num=0&edition=prelim), with at least 2 private sector entities to increase the methods and capabilities available for the public to enroll in the PreCheck Program. **(c) Minimum Capability Requirements.—** At least 1 agreement under subsection (b) shall include the following capabilities: (1) Start-to-finish secure online or mobile enrollment capability. (2) Vetting of an applicant by means other than biometrics, such as a risk assessment, if— (A) such means— (i) are evaluated and certified by the Secretary of Homeland Security; (ii) meet the definition of a qualified anti-terrorism technology under section 865 of the Homeland Security Act of 2002 ([6 U.S.C. 444](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section444&num=0&edition=prelim)); and (iii) are determined by the Administrator to provide a risk assessment that is as effective as a fingerprint-based criminal history records check conducted through the Federal Bureau of Investigation with respect to identifying individuals who are not qualified to participate in the PreCheck Program due to disqualifying criminal history; and (B

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

50 U.S.C. § 1431 — Authorization; official approval; Congressional action: notification of committees of certain proposed obligations, resolution of disapproval, continuity of session, computation of period

**(a)** The President may authorize any department or agency of the Government which exercises functions in connection with the national defense, acting in accordance with regulations prescribed by the President for the protection of the Government, to enter into contracts or into amendments or modifications of contracts heretofore or hereafter made and to make advance payments thereon, without regard to other provisions of law relating to the making, performance, amendment, or modification of contracts, whenever he deems that such action would facilitate the national defense. The authority conferred by this section shall not be utilized to obligate the United States in an amount in excess of $500,000 without approval by an official at or above the level of an Assistant Secretary or his Deputy, or an assistant head or his deputy, of such department or agency, or by a Contract Adjustment Board established therein. The authority conferred by this section may not be utilized to obligate the United States in an amount in excess of $150,000,000 unless the Committees on Armed Services of the Senate and the House of Representatives and in addition, the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with respect to contracts, or modifications or amendments to contracts, or advance payments proposed to be made under this section by the Secretary of the Department in which the Coast Guard is operating with respect to the acquisition of Coast Guard cutters or aircraft, have been notified in writing of such proposed obligation and 60 days of continuous session of Congress have expired following the date on which such notice was transmitted to such Committees. For purposes of thi

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

10 U.S.C. § 2304 — Untitled legal text

Page 1870 TITLE 10—ARMED FORCES [§ 2302e existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. [§ 2302e. Renumbered § 4004] [§ 2303. Repealed. Pub. L. 116–283, div. A, title XVIII, § 1807(c)(4), Jan. 1, 2021, 134 Stat. 4157] Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 85–568, title III, § 301(b), July 29, 1958, 72 Stat. 432; Pub. L. 98–369, div. B, title VII, § 2722(b), July 18, 1984, 98 Stat. 1187; Pub. L. 116–283, div. A, title XVIII, § 1807(c)(2), (3), Jan. 1, 2021, 134 Stat. 4157, related to ap- plicability of chapter. See, generally, sections 3063 and 3064 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 2022, with additional provi- sions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. [§ 2303a. Repealed. Pub. L. 98–577, title III, § 302(c)(1), Oct. 30, 1984, 98 Stat. 3077] Section, Pub. L. 98–525, title XII, § 1212(a), Oct. 19, 1984, 98 Stat. 2590, related to publication of proposed regulations. Section, pursuant to section 1212(b) of Pub. L. 98–525, was to have taken effect with respect to procurement policies, regulations, procedures, or forms first pro- posed to be issued by an agency on or after the date which was 30 days after the date of enactment of Pub. L. 98–525. Pub. L. 98–525 was approved Oct. 19, 1984. How- ever, before that effective date, the section was re- pealed by Pub. L. 98–577. [§ 2304. Repealed. Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293] Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 85–800, § 8, Aug. 28, 1958, 72 Stat. 967; Pub.

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

6 U.S.C. § 444 — Definitions

Page 226 TITLE 6—DOMESTIC SECURITY § 443 1 So in original. er and place the anti-terrorism technology on an Approved Product List for Homeland Secu- rity. (e) Exclusion Nothing in this section shall in any way limit the ability of any person to seek any form of re- covery from any person, government, or other entity that— (1) attempts to commit, knowingly partici- pates in, aids and abets, or commits any act of terrorism, or any criminal act related to or re- sulting from such act of terrorism; or (2) participates in a conspiracy to commit any such act of terrorism or any such criminal act. (Pub. L. 107–296, title VIII, § 863, Nov. 25, 2002, 116 Stat. 2239.) § 443. Risk management (a) In general (1) Liability insurance required Any person or entity that sells or otherwise provides a qualified anti-terrorism technology to Federal and non-Federal Government cus- tomers (‘‘Seller’’) shall obtain liability insur- ance of such types and in such amounts as shall be required in accordance with this sec- tion and certified by the Secretary to satisfy otherwise compensable third-party 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. (2) Maximum amount For the total claims related to 1 such act of terrorism, the Seller is not required to obtain liability insurance of more than the maximum amount of liability insurance reasonably available from private sources on the world market at prices and terms that will not un- reasonably distort the sales price of Seller’s anti-terrorism technologies. (3) Scope of coverage Liability insurance obtained pursuant to this subsection shall, in addition to the Seller

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