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]
In Committee
Summary
Modernizes and consolidates federal procurement law by migrating legacy citations into a unified Title 41 framework. It also creates a new Chapter 73 to set administrative finality rules and tightens enforcement and contract drafting rules across many statutes.
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- Federal contractors and workers: Adds three liquidated‑damages categories of $10 per day for each under‑16 worker knowingly employed, each incarcerated worker knowingly employed, and for wage underpayments. It also broadens covered parties to add "or firms" and extends coverage to "all agencies," and requires mandatory terms for contracts over $2,500 to follow updated rules and regulations.
- Disputes and adjudication: Establishes Chapter 73 finality standards for contracts outside Chapter 71, replaces "hearing examiners" with administrative law judges, and expands board jurisdiction and consolidated Administrative False Claims Act procedures.
- Statutory recoding and scope: Systematically replaces legacy FPASA and other old citations with 41 U.S.C. anchors such as 41 U.S.C. 6101, maps procurement references into Title 40 Chapter 5 or Title 41 chapters (65, 67, 71, 73, 83, 85), and updates cross‑references across Titles 2–52.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 1 costs, 1 mixed.
Harder to overturn federal contract decisions
If enacted, this would set stricter finality rules for some federal contract disputes. It would apply to covered contracts not under the Contract Disputes Act. An agency or board decision would be final unless it is fraudulent, arbitrary or capricious, grossly wrong in a way that implies bad faith, or not backed by substantial evidence. Contracts could not declare legal questions unreviewable or limit court review to fraud only. The change would take effect January 4, 2011.
Would repeal one procurement change
If enacted, this would repeal section 5(c)(2) of Public Law 111-350. The repeal would take effect January 4, 2011. The practical effect would depend on where that subsection had been used in procurement laws, including Coast Guard statutes.
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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