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119-hr-5185119th CongressWALLET

To make improvements in the enactment of title 41, United States Code, into a positive law title and to improve the Code.

Sponsored By: Representative Kamlager-Dove, Sydney [D-CA-37]

Passed House

Summary

Positive-law codification of Title 41 modernizes and centralizes federal procurement, property, and acquisition references across the U.S. Code and adds a new Chapter 73 that clarifies finality rules for certain contract disputes.

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  • Federal agencies and contracting offices see obsolete citations replaced with current Title 40 and Title 41 references, making procurement cross-references consistent across many statutes.
  • Contractors and program managers get clearer placement of named procurement laws, mapping statutes like Walsh–Healey and Buy American into Title 41 chapters to simplify where rules are found.
  • Courts, contractors, and lawyers must work with a new Chapter 73 (41 U.S.C. 7301–7304) that sets when administrative contract decisions are final and preserves judicial review for legal questions.

*Net fiscal effect: does not create new appropriations or funding authorities, so it does not increase federal spending.*

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Clearer, updated procurement code references

If enacted, many laws would point to updated Title 40 and Title 41 sections for procurement rules. Old citations, like those for the Buy American Act and legacy statutes, would be replaced with clear, current locations. The bill would add two translation sections (sections 171 and 172) that list how old rules map to the new code. This would help agencies, courts, and contractors find and follow the right rules.

New rules for federal contract disputes

If enacted, this would set review rules for disputes on federal contracts not covered by the Contract Disputes Act. An agency decision would be final unless it was fraudulent, capricious, arbitrary, grossly wrong in a way that implies bad faith, or lacked substantial evidence. Courts would still decide legal questions, and parties could not use finality clauses to block review, except for fraud by the decisionmaker. The bill would also restore earlier text in sections 1 and 16 of the Contract Disputes Act and fix a Buy American citation, effective January 4, 2011.

Repeal of one 2011 procurement clause

If enacted, the bill would repeal section 5(c)(2) of Public Law 111-350. The repeal would be effective January 4, 2011. Agencies and contractors that relied on that clause would need to review how their procedures change. For example, some Coast Guard procurement practices could be affected.

Sponsors & CoSponsors

Sponsor

Kamlager-Dove, Sydney [D-CA-37]

CA • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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