Page:United States Statutes at Large Volume 118.djvu/2040

 118 STAT. 2010 PUBLIC LAW 108–375—OCT. 28, 2004 SEC. 806. APPLICABILITY OF COMPETITION EXCEPTIONS TO ELIGI BILITY OF NATIONAL GUARD FOR FINANCIAL ASSIST ANCE FOR PERFORMANCE OF ADDITIONAL DUTIES. Section 113(b)(1)(B) of title 32, United States Code, is amended by inserting before the period at the end the following: ‘‘, subject to the exceptions provided in section 2304(c) of title 10’’. SEC. 807. INFLATION ADJUSTMENT OF ACQUISITION RELATED DOLLAR THRESHOLDS. (a) INFLATION ADJUSTMENT AUTHORITY.—(1) The Office of Fed eral Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by inserting after section 35 the following new section: ‘‘SEC. 35A. INFLATION ADJUSTMENT OF ACQUISITION RELATED DOLLAR THRESHOLDS. ‘‘(a) REQUIREMENT FOR PERIODIC ADJUSTMENT.—(1) On October 1 of each year that is evenly divisible by five, the Federal Acquisition Regulatory Council shall adjust each acquisition related dollar threshold provided by law, as described in subsection (c), to the baseline constant dollar value of that threshold. ‘‘(2) For the purposes of paragraph (1), the baseline constant dollar value— ‘‘(A) for a dollar threshold in effect on October 1, 2000, that was first specified in a law that took effect on or before such date shall be the October 1, 2000, constant dollar value of that dollar threshold; and ‘‘(B) for a dollar threshold specified in a law that takes effect after October 1, 2000, shall be the constant dollar value of that threshold as of the effective date of that dollar threshold pursuant to such law. ‘‘(b) ADJUSTMENTS EFFECTIVE UPON PUBLICATION.—The Federal Acquisition Regulatory Council shall publish a notice of the adjusted dollar thresholds under this section in the Federal Register. The adjusted dollar thresholds shall take effect on the date of publica tion. ‘‘(c) ACQUISITION RELATED DOLLAR THRESHOLDS.—Except as provided in subsection (d), the requirement for adjustment under subsection (a) applies to a dollar threshold that is specified in law as a factor in defining the scope of the applicability of a policy, procedure, requirement, or restriction provided in that law to the procurement of property or services by an executive agency, as determined by the Federal Acquisition Regulatory Council. ‘‘(d) EXCLUDED THRESHOLDS.—Subsection (a) does not apply to— ‘‘(1) dollar thresholds in sections 3141 through 3144, 3146, and 3147 of title 40, United States Code; ‘‘(2) dollar thresholds in the Service Contract Act of 1965 (41 U.S.C. 351, et seq.); or ‘‘(3) dollar thresholds established by the United States Trade Representative pursuant to title III of the Trade Agree ments Act of 1979 (19 U.S.C. 2511 et seq.). ‘‘(e) CALCULATION OF ADJUSTMENTS.—An adjustment under this section shall— ‘‘(1) be calculated on the basis of changes in the Consumer Price Index for all urban consumers published monthly by the Department of Labor; and ‘‘(2) be rounded— Federal Register, publication. 41 USC 431a.

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