Page:United States Statutes at Large Volume 88 Part 1.djvu/841

 88 STAT. ]

PUBLIC LAW 93-400-AUG. 30, 1974

797

DEFINITION

SEC. 4. As used in this Act, the term "executive agency" means an executive department, a military department, and an independent establishment within the meaning of sections 101, 102, and 104(1), respectively, of title 5, United States Code, and also a wholly owned Government corporation within the meaning of section 101 of the Government Corporation Control Act (31 U.S.C. 846).

41 USC 403.

OFFICE OF FEDERAL PKOCUEEMENT POLICY

SEC. 5. (a) There is established in the Office of Management and Budget an office to be known as the Office of Federal Procurement Policy (hereinafter referred to as the "Office"). (b) There shall be at the head of the Office an Administrator for Federal Procurement Policy (hereinafter referred to as the "Administrator"), who shall be appointed by the President, by and with the advice and consent of the Senate.

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AUTHORITY AND FUNCTIONS

SEC. 6. (a) The Administrator shall provide overall direction of "^^ use 405. procurement policy. To the extent he considers appropriate and with due regard to the program activities of the executive agencies, he shall prescribe policies, regulations, procedures, and forms, which shall be m accordance with applicable laws and shall be followed by executive agencies (1) in the procurement of— (A) property other than real property in being; (B) services, including research and development; and (C) construction, alteration, repair, or maintenance of real property; and (2) in providing for procurement by recipients of Federal grants or assistance of items specified in clauses (A), (B), and (C) of this subsection, to the extent required for performance of Federal grant or assistance programs. (b) Nothing in subsection (a)(2) shall be construed— (1) to permit the Administrator to authorize procurement or supply support, either directly or indirectly, to recipients of Federal grants or assistance; or (2) to authorize any action by recipients contrary to State and local laws, in the case of programs to provide Federal grants or assistance to States and political subdivisions. (c) The authority of the Administrator under this Act shall apply only to procurement payable from appropriated funds: Provided, Procurement That the Administrator undertake a study of procurement payable study. from nonappropriated funds. The results of the study, together with Report to presirecommendations for administrative or statutory changes, shall be senL°/and reported to the President of the Senate and the Speaker of the House speaker of the of Representatives at the earliest practicable date, but in no event House. later than two years after the date of enactment of this Act. (d) The functions of the Administrator shall include— (1) establishing a system of coordinated, and to the extent feasible, uniform procurement regulations for the executive agencies; (2) establishing criteria and procedures for an effective and timely method of soliciting the viewpoints of interested parties in the development of procurement policies, regulations, procedures, and forms;

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