Page:United States Statutes at Large Volume 118.djvu/2052

 118 STAT. 2022 PUBLIC LAW 108–375—OCT. 28, 2004 (B) either— (i) is in effect on such date; or (ii) was in effect on November 24, 2003. (3) In this subsection, the term ‘‘State licensing agency’’ means an agency designated under section 2(a)(5) of the Randolph Sheppard Act (20 U.S.C. 107a(a)(5)). (c) REPEAL OF SUPERSEDED LAW.—Subsections (a) and (b) of section 852 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1556) are repealed. SEC. 854. DEFENSE PROCUREMENTS MADE THROUGH CONTRACTS OF OTHER AGENCIES. (a) LIMITATION.—The head of an agency may not procure goods or services (under section 1535 of title 31, United States Code, pursuant to a designation under section 11302(e) of title 40, United States Code, or otherwise) through a contract entered into by an agency outside the Department of Defense for an amount greater than the simplified acquisition threshold referred to in section 2304(g) of title 10, United States Code, unless the procurement is done in accordance with procedures prescribed by that head of an agency for reviewing and approving the use of such contracts. (b) EFFECTIVE DATE.—The limitation in subsection (a) shall apply only with respect to orders for goods or services that are issued by the head of an agency to an agency outside the Depart ment of Defense on or after the date that is 180 days after the date of the enactment of this Act. (c) INAPPLICABILITY TO CONTRACTS FOR CERTAIN SERVICES.— This section does not apply to procurements of the following serv ices: (1) Printing, binding, or blank book work to which section 502 of title 44, United States Code, applies. (2) Services available under programs pursuant to section 103 of the Library of Congress Fiscal Operations Improvement Act of 2000 (Public Law 106–481; 114 Stat. 2187; 2 U.S.C. 182c). (d) ANNUAL REPORT.—(1) For each of fiscal years 2005 and 2006, each head of an agency shall submit to the Secretary of Defense a report on the service charges imposed on purchases made for an amount greater than the simplified acquisition threshold during such fiscal year through a contract entered into by an agency outside the Department of Defense. (2) In the case of procurements made on orders issued by the head of a Defense Agency, Department of Defense Field Activity, or any other organization within the Department of Defense (other than a military department) under the authority of the Secretary of Defense as the head of an agency, the report under paragraph (1) shall be submitted by the head of that Defense Agency, Depart ment of Defense Field Activity, or other organization, respectively. (3) The report for a fiscal year under this subsection shall be submitted not later than December 31 of the calendar year in which such fiscal year ends. (e) DEFINITIONS.—In this section: (1) The term ‘‘head of an agency’’ means the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force. (2) The term ‘‘Defense Agency’’ has the meaning given such term in section 101(a)(11) of title 10, United States Code. 10 USC 2304 note.

�