SEC. 7201. ACQUISITIONS GENERALLY.
The Act of June 30, 1936 (41 U.S.C. 35 et seq.), commonly referred to as the ‘‘Walsh-Healey Act’’, is amended—
(1) in the first section, by striking out subsection (a) and redesignating subsections (b), (c), (d), and (e), as subsections (a), (b), (c), and (d), respectively;
(2) in section 10(b) by striking out ‘‘manufacturer of, or regular dealer in,’’ and inserting in lieu thereof ‘‘supplier of’’; (3) in section 10(c) by striking out ‘‘ ‘regular dealer’, ‘manu- facturer’,’’; and
(4) by adding at the end the following new sections:
‘‘SEC. 11. (a) The Secretary of Labor may prescribe in regula-
tions the standards for determining whether a contractor is a manu- facturer of or a regular dealer in materials, supplies, articles, or equipment to be manufactured or used in the performance of a contract entered into by any executive department, independent establishment, or other agency or instrumentality of the United States, or by the District of Columbia, or by any corporation all
the stock of which is beneficially owned by the United States, for the manufacture or furnishing of materials, supplies, articles, and equipment.
‘‘(b) Any interested person shall have the right of judicial review of any legal question regarding the interpretation of the terms ‘regular dealer’ and ‘manufacturer’, as defined pursuant to sub- section (a).’’.
SEC. 7202. PROHIBITION ON USE OF FUNDS FOR DOCUMENTING ECO- NOMIC OR EMPLOYMENT IMPACT OF CERTAIN ACQUISI- TION PROGRAMS.
(a) REVISION AND CODIFICATION.—(1) Subchapter I of chapter 134 of title 10, United States Code, is amended by adding at the end the following new section:
‘‘§ 2247. Prohibition on use of funds for documenting eco- nomic or employment impact of certain acquisi- tion programs
‘‘No funds appropriated by the Congress may be obligated or expended to assist any contractor of the Department of Defense in preparing any material, report, lists, or analysis with respect to the actual or projected economic or employment impact in a particular State or congressional district of an acquisition program for which all research, development, testing, and evaluation has not been completed.’’.
(2) The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:
‘‘2247. Prohibition on use of funds for documenting economic or employment impact of certain acquisition programs.’’.
(b) REPEAL OF SUPERSEDED LAW.—Section 9048 of Public Law
102–396 (106 Stat. 1913) is repealed.
SEC. 7203. MERIT-BASED AWARD OF CONTRACTS AND GRANTS.
(a) ARMED SERVICES ACQUISITIONS.—(1) Section 2304 of title
10, United States Code, as amended by section 1005, is further amended—
(A) in subsection (c)(5), by inserting ‘‘subject to subsection (j),’’ after ‘‘(5)’’; and
(B) by adding at the end the following new subsection: ‘‘(j)(1) It is the policy of Congress that an agency named in section 2303(a) of this title should not be required by legislation to award a new contract to a specific non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be procured through merit- based selection procedures.
‘‘(2) A provision of law may not be construed as requiring a new contract to be awarded to a specified non-Federal Government entity unless that provision of law—
‘‘(A) specifically refers to this subsection;
‘‘(B) specifically identifies the particular non-Federal Government entity involved; and
‘‘(C) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in paragraph (1).
‘‘(3) For purposes of this subsection, a contract is a new contract unless the work provided for in the contract is a continuation
of the work performed by the specified entity under a preceding contract.
‘‘(4) This subsection shall not apply with respect to any contract that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of signifi- cance to an agency named in section 2303(a) of this title and to report on such matters to the Congress or any agency of the Federal Government.’’.
(2) Chapter 139 of title 10, United States Code, is amended by adding at the end the following new section:
‘‘§ 2374. Merit-based award of grants for research and devel- opment
‘‘(a) It is the policy of Congress that an agency named in section 2303(a) of this title should not be required by legislation to award a new grant for research, development, test, or evaluation to a non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be awarded through merit-based selection procedures. ‘‘(b) A provision of law may not be construed as requiring a new grant to be awarded to a specified non-Federal Government entity unless that provision of law—
‘‘(1) specifically refers to this subsection;
‘‘(2) specifically identifies the particular non-Federal Government entity involved; and
‘‘(3) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in subsection (a).
‘‘(c) For purposes of this section, a grant is a new grant unless the work provided for in the grant is a continuation of the work performed by the specified entity under a preceding grant.
‘‘(d) This section shall not apply with respect to any grant that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of signifi- cance to an agency named in section 2303(a) of this title and to report on such matters to the Congress or any agency of the Federal Government.’’.
(3) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
‘‘2374. Merit-based award of grants for research and development.’’.
(b) CIVILIAN AGENCY ACQUISITIONS.—(1) Section 303 of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) is amended—
(A) in subsection (c)(5), by inserting ‘‘subject to subsection (h),’’ after ‘‘(5)’’; and
(B) by adding at the end the following new subsection: ‘‘(h)(1) It is the policy of Congress that an executive agency should not be required by legislation to award a new contract to a specific non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be procured through merit-based selection procedures. ‘‘(2) A provision of law may not be construed as requiring a new contract to be awarded to a specified non-Federal Government entity unless that provision of law—
‘‘(A) specifically refers to this subsection;
‘‘(B) specifically identifies the particular non-Federal Government entity involved; and
‘‘(C) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in paragraph (1).
‘‘(3) For purposes of this subsection, a contract is a new contract unless the work provided for in the contract is a continuation of the work performed by the specified entity under a preceding contract.
‘‘(4) This subsection shall not apply with respect to any contract that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of signifi- cance to an executive agency and to report on such matters to the Congress or any agency of the Federal Government.’’.
(2) Title III of such Act, as amended by section 6006, is further amended by adding at the end the following new section:
‘‘SEC. 316. MERIT-BASED AWARD OF GRANTS FOR RESEARCH AND DEVELOPMENT
‘‘(a) POLICY.—It is the policy of Congress that an executive
agency should not be required by legislation to award a new grant for research, development, test, or evaluation to a non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be awarded through merit-based selection procedures.
‘‘(b) RULE OF CONSTRUCTION.—A provision of law may not be
construed as requiring a new grant to be awarded to a specified non-Federal Government entity unless that provision of law—
‘‘(1) specifically refers to this subsection;
‘‘(2) specifically identifies the particular non-Federal Government entity involved; and
‘‘(3) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in subsection (a).
‘‘(c) NEW GRANT DEFINED.—For purposes of this section, a
grant is a new grant unless the work provided for in the grant is a continuation of the work performed by the specified entity under a preceding grant.
‘‘(d) INAPPLICABILITY TO CERTAIN GRANTS.—This section shall not apply with respect to any grant that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an executive agency and to report on such matters to Congress or any agency of the Federal Government.’’.
SEC. 7204. MAXIMUM PRACTICABLE OPPORTUNITIES FOR APPREN- TICES ON FEDERAL CONSTRUCTION PROJECTS.
It is the sense of the House of Representatives that—
(1) contractors performing Federal construction contracts should, to the maximum extent practicable, give preference in the selection of subcontractors to subcontractors participating in apprenticeship programs registered with the Department of Labor or with a State apprenticeship agency recognized by such Department; and
(2) contractors and subcontractors performing Federal construction contracts should provide maximum practicable opportunities for employment of apprentices who are participat- ing in or who have completed such apprenticeship programs.
SEC. 7205. REPEAL OF OBSOLETE PROVISION.
Section 308 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 258) is repealed.
SEC. 7206. REPEAL OF OBSOLETE AND REDUNDANT PROVISIONS OF LAW.
(a) REPEAL OF REQUIREMENT FOR POLICY GUIDANCE.—Title III
of the Act of March 3, 1933 (41 U.S.C. 10a et seq.), commonly referred to as the ‘‘Buy American Act’’, is amended in section 4(g) (41 U.S.C. 10b–1(g)) by striking out paragraphs (2)(C) and (3).
(b) REPEAL OF REPORTING REQUIREMENT.—Section 9096(b) of
Public Law 102–396 (106 Stat. 1924; 41 U.S.C. 10b–2(b)) is repealed. (c) REPEAL OF STUDIES OF WAIVERS.—Section 306 of the Trade
Agreements Act of 1979 (19 U.S.C. 2516) is repealed.