123STA T . 3 457PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 theS e cr et a r ys ha l ls ubmi tare po rt n o later than 30d ays a f ter the end of each fiscal q uarter to the con g ressional defense commit - tees summari z ing the details of the transfer of funds from this appropriation . S EC . 812 0. ( a )R E S E T T L E M E N TS UP P OR T A N DO T H ER P U B L I C B ENE F ITS FOR C ERTAIN I RA Q I REFU G EES. — Section 12 4 4(g) of the Refugee Crisis in Iraq A ct of 200 7 (subtitle C of title X IIofdi v ision A of Public L a w 110 – 181
122 Stat. 3 9 8) is amended by stri k ing ‘ ‘for a period not to e x ceed eight months ’ ’ and inserting ‘‘to the same extent , and for the same periods of time, as such refugees’’. (b) RESETTLEMENT SUPPORT AND OTHER PUBLIC BENEFITS FOR CERTAIN AFGHAN ALLIES.—Section 6 02(b)(8) of the Afghan Allies Protection Act of 2009 (title V I of division F of Public Law 111– 8; 123 Stat. 809) is amended by striking ‘‘for a period not to exceed 8 months’’ and inserting ‘‘to the same extent, and for the same periods of time, as such refugees’’. SEC. 8121. (a) E ach congressionally directed spending item specified in this Act or the explanatory statement regarding this Act that is also identified in Senate Report 111–74 and intended for award to a for-profit entity shall be sub j ect to acquisition regula- tions for full and open competition on the same basis as each spending item intended for a for-profit entity that is contained in the budget request of the President. (b) E X CEPTIONS.—Subsection (a) shall not apply to any contract awarded— (1) by a means that is required by Federal statute, including for a purchase made under a mandated preferential program; (2) pursuant to the Small Business Act (1 5U .S.C. 631 et seq.); or (3) in an amount less than the simplified acquisition threshold described in section 302A(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252a(a)). (c) Any congressionally directed spending item specified in this Act or the explanatory statement regarding this Act that is intended for award to a for-profit entity and is not covered by the competition requirement specified in subsection (a), shall be awarded under full and open competition, except that any contract previously awarded under full and open competition that remains in effect during fiscal year 2010 shall be considered to have satisfied the conditions of full and open competition. (d) In this section, the term ‘‘congressionally directed spending item’’ means the following
(1) A congressionally directed spending item, as defined in Rule XLIV of the Standing Rules of the Senate. (2) A congressional earmark for purposes of rule XXI of the H ouse of Representatives. SEC. 8122. N one of the funds appropriated or otherwise made available by this Act may be used to award to a contractor or convert to performance by a contractor any functions pursuant to a study conducted under Office of M anagement and Budget (OMB) Circular A–76 or as part of a utility privatization authorized under section 2688 of title 10, United States Code or under any other provision of law, that are performed by Federal employees at the United States Military Academy, W est Point, as of the date of enactment of this Act. Privat i z ati on.Def inition. E ar m ar ks . 8USC1 1 0 1 note. 8USC11 57 note.
