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40 U.S.C. § 11301 — Responsibility of Director
Federal law — U.S. Code and appendices · legal_authorities
In fulfilling the responsibility to administer the functions assigned under chapter 35 of title 44, the Director of the Office of Management and Budget shall comply with this chapter with respect to the specific matters covered by this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 11301
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Source file: Laws/federal/codes/united-states-code/title-40/section-11301-responsibility-of-director--e11c08013d.md
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Source location: Title 40, Chapter 113, § 11301; chapter-113-responsibility-for-acquisitions-of-information-technology.md
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In fulfilling the responsibility to administer the functions assigned under chapter 35 of title 44, the Director of the Office of Management and Budget shall comply with this chapter with respect to the specific matters covered by this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter—
(1) the term “agency” means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include—
(A) the Government Accountability Office;
(B) Federal Election Commission;
(C) the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; or
(D) Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities;
(2) the term “burden” means time, effort, or financial resources expended by persons to generate, maintain, or provide information to or for a Federal agency, including the resources expended for—
(A) reviewing instructions;
(B) acquiring, installing, and utilizing technology and systems;
(C) adjusting the existing ways to comply with any previously applicable instructions and requirements;
(D) searching data sources;
(E) completing and reviewing the collection of information; and
(F) transmitting, or otherwise disclosing the information;
(3) the term “collection of information”—
(A) means the obtaining, causing to be obtained, soliciting, or requiring the disclosure to third parties or the public, of facts or opinions by or for an agency, regardless of form or format, calling for either—
(i) answers to identical questions posed to, or identical reporting or recordkeeping requirements imposed on, ten or more persons, other than agencies, instrumentalities, or employees of the United States; or
(ii) answers to questions posed to agencies, ins
Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 3502
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department’s goals and missions. If such a program is established, the Secretary shall—
(1) establish within such program categories of awards, each with specific criteria, that emphasize honoring employees who are at the nonsupervisory level;
(2) publicize within the Department how any employee or group of employees may be nominated for an award;
(3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees;
(4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and
(5) publicize such program within the Department.
**(b) Internal review board** The internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees.
**(c) Rule of construction** Nothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 391
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions of the United States;
(D) the government of the District of Columbia;
or except as to the requirements of [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)—
(E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them;
(F) courts martial and military commissions;
(G) military authority exercised in the field in time of war or in occupied territory; or
(H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix; 11 See References in Text note below.
(2) “person” includes an individual, partnership, corporation, association, or public or private organization other than an agency;
(3) “party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes;
(4) “rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wa
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 551
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in sections 3303, 3304(a), and 3305 of this title and except in the case of procurement procedures otherwise expressly authorized by statute, an executive agency in conducting a procurement for property or services shall—
(1) obtain full and open competition through the use of competitive procedures in accordance with the requirements of this division and the Federal Acquisition Regulation; and
(2) use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
**(b) Appropriate Competitive Procedures.—**
(1) **Use of sealed bids.—** — In determining the competitive procedures appropriate under the circumstance, an executive agency shall—
(A) solicit sealed bids if—
(i) time permits the solicitation, submission, and evaluation of sealed bids;
(ii) the award will be made on the basis of price and other price-related factors;
(iii) it is not necessary to conduct discussions with the responding sources about their bids; and
(iv) there is a reasonable expectation of receiving more than one sealed bid; or
(B) request competitive proposals if sealed bids are not appropriate under subparagraph (A).
(2) **Sealed bid not required.—** — Paragraph (1)(A) does not require the use of sealed-bid procedures in cases in which section 204(e) 11 See References in Text note below. of title 23 applies.
**(c) Efficient Fulfillment of Government Requirements.—** The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Federal Government’s requirements.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3301
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Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2358
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country.
**(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following:
(1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities.
(2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities.
(3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2).
(4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein.
(5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners.
(6) An assessment of foreign malign influence efforts relating to such threats, including any foreign
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3003
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Relationship of Provisions of Law to Procurement of Commercial Products and Commercial Services.—**
(1) **This division.—** — Unless otherwise specifically provided, all other provisions in this division also apply to the procurement of commercial products and commercial services.
(2) **Laws listed in federal acquisition regulation.—** — A contract for the procurement of a commercial product or commercial service entered into by the head of an executive agency is not subject to a law properly listed in the Federal Acquisition Regulation pursuant to [section 1906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1906&num=0&edition=prelim).
**(b) Preference.—** The head of each executive agency shall ensure that, to the maximum extent practicable—
(1) requirements of the executive agency with respect to a procurement of supplies or services are stated in terms of—
(A) functions to be performed;
(B) performance required; or
(C) essential physical characteristics;
(2) those requirements are defined so that commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products may be procured to fulfill those requirements; and
(3) offerors of commercial services, commercial products, and nondevelopmental items other than commercial products are provided an opportunity to compete in any procurement to fill those requirements.
**(c) Implementation.—** The head of each executive agency shall ensure that procurement officials in that executive agency, to the maximum extent practicable—
(1) acquire commercial services or commercial products or nondevelopmental items other than commerci
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3307
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** There is established in the executive branch a Federal Acquisition Security Council.
**(b) Membership.—**
(1) **In general.—** — The following agencies shall be represented on the Council:
(A) The Office of Management and Budget.
(B) The General Services Administration.
(C) The Department of Homeland Security, including the Cybersecurity and Infrastructure Security Agency.
(D) The Office of the Director of National Intelligence, including the National Counterintelligence and Security Center.
(E) The Department of Justice, including the Federal Bureau of Investigation.
(F) The Department of Defense, including the National Security Agency.
(G) The Department of Commerce, including the National Institute of Standards and Technology.
(H) Such other executive agencies as determined by the Chairperson of the Council.
(2) **Lead representatives.—**
(A) *Designation.—*
(i) *In general.—* — Not later than 45 days after the date of the enactment of the Federal Acquisition Supply Chain Security Act of 2018, the head of each agency represented on the Council shall designate a representative of that agency as the lead representative of the agency on the Council.
(ii) *Requirements.—* — The representative of an agency designated under clause (i) shall have expertise in supply chain risk management, acquisitions, or information and communications technology.
(B) *Functions.—* — The lead representative of an agency designated under subparagraph (A) shall ensure that appropriate personnel, including leadership and subject matter experts of the agency, are aware of the business of the Council.
**(c) Chairperson.—**
(1) **Designation.—** — Not later than 45 days after the date of the enactment of the Federal Acquisition
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1322
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