2 U.S.C. § 1821

Small purchase contracting authority

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(a) In generalTo promote efficiency and economy in contracting and to avoid unnecessary burdens, the Architect of the Capitol is granted authority to utilize special simplified procedures for purchases of property and services the aggregate amount of which does not exceed $250,000. Notwithstanding any other provision of law—(1)section 6101 of title 41 shall apply with respect to purchases and contracts for the Architect of the Capitol as if the reference to “$25,000” in paragraph (1) of such section were a reference to “$100,000”; and(2) the Architect may procure services, equipment, and construction for security related projects in the most efficient manner he determines appropriate.(b) Effective date

This section shall apply to fiscal year 2003 and each fiscal year thereafter.

(Pub. L. 108–7, div. H, title I, § 1201, Feb. 20, 2003, 117 Stat. 372; Pub. L. 115–244, div. B, title I, § 133(a), Sept. 21, 2018, 132 Stat. 2936.)Editorial NotesCodification

In subsec. (a)(1), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7.

Prior Provisions

Prior similar provisions were contained in Pub. L. 107–68, title I, § 131, Nov. 12, 2001, 115 Stat. 581.

Amendments

2018—Subsec. (a). Pub. L. 115–244, which directed amendment of “2 U.S.C. 1821” by inserting “To promote efficiency and economy in contracting and to avoid unnecessary burdens, the Architect of the Capitol is granted authority to utilize special simplified procedures for purchases of property and services the aggregate amount of which does not exceed $250,000.” before “Notwithstanding any other provision of law—”, was executed by making the insertion in subsec. (a) of section 1201 of Pub. L. 108–7, div. H, title I, which is classified to this section, to reflect the probable intent of Congress.

Statutory Notes and Related SubsidiariesEffective Date of 2018 Amendment

Pub. L. 115–244, div. B, title I, § 133(b), Sept. 21, 2018, 132 Stat. 2936, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2019 and each succeeding fiscal year.”

Notes of Decisions

Cited in 2 cases, 2013–2017 · leading case: Bobick v. Cmty. & S. Bank, 743 S.E.2d 518 (Ga. Ct. App. 2013).

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Bobick v. Cmty. & S. Bank, 743 S.E.2d 518 (Ga. Ct. App. 2013). “We agree with the Eleventh Circuit’s construction ofl2USC§ 1821 (d) (13) (D) as broadly covering all (1) claims for payment from assets of any depository institution for which the [FDIC] has been appointed Receiver; (2) actions for payment from assets of such depository…”

Settlers' Hous. Serv., Inc. v. Schaumburg Bank & Trust Co. (In re Settlers' Hous. Serv., Inc.), 568 B.R. 40 (Bankr. N.D. Ill. 2017). “2 U.S.C. § 1821 (d)(13)(D) 7 Constructive Fraud Dismissed with prejudice, see 520 B.”

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