Page:United States Statutes at Large Volume 117.djvu/1693

 117 STAT. 1674

PUBLIC LAW 108–136—NOV. 24, 2003

the National Defense Authorization Act for Fiscal Year 1994 under this subsection— (A) subsection (c) of that section shall apply with respect to prototype projects carried out under this paragraph; and (B) the Director of the Office of Management and Budget shall perform the functions of the Secretary of Defense under subsection (d) of that section. (4) APPLICABILITY TO SELECTED EXECUTIVE AGENCIES.— (A) OMB AUTHORIZATION REQUIRED.—The head of an executive agency may exercise authority under this subsection for a project only if authorized by the Director of the Office of Management and Budget to use the authority for such project. (B) RELATIONSHIP TO AUTHORITY OF DEPARTMENT OF HOMELAND SECURITY.—The authority under this subsection shall not apply to the Secretary of Homeland Security while section 831 of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2224) is in effect. (b) ANNUAL REPORT.—The annual report of the head of an executive agency that is required under subsection (h) of section 2371 of title 10, United States Code, as applied to the head of the executive agency by subsection (a), shall be submitted to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives. (c) REGULATIONS.—The Director of the Office of Management and Budget shall prescribe regulations to carry out this section. No transaction may be conducted under the authority of this section before the date on which such regulations take effect. (d) TERMINATION OF AUTHORITY.—The authority to carry out transactions under subsection (a) shall terminate on September 30, 2008. 41 USC 253 note.

SEC. 1442. PUBLIC DISCLOSURE OF NONCOMPETITIVE CONTRACTING FOR THE RECONSTRUCTION OF INFRASTRUCTURE IN IRAQ.

Federal Register, publication. Deadline.

VerDate 11-MAY-2000

10:15 Aug 27, 2004

Jkt 019194

(a) DISCLOSURE REQUIRED.— (1) PUBLICATION AND PUBLIC AVAILABILITY.—The head of an executive agency of the United States that enters into a contract for the repair, maintenance, or construction of infrastructure in Iraq without full and open competition shall publish in the Federal Register or Commerce Business Daily and otherwise make available to the public, not later than 30 days after the date on which the contract is entered into, the following information: (A) The amount of the contract. (B) A brief description of the scope of the contract. (C) A discussion of how the executive agency identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers. (D) The justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition. (2) INAPPLICABILITY TO CONTRACTS AFTER FISCAL YEAR 2005.—Paragraph (1) does not apply to a contract entered into after September 30, 2005.

PO 00000

Frm 00626

Fmt 6580

Sfmt 6581

D:\STATUTES\2003\19194PT2.001

APPS10

PsN: 19194PT2

�