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S 2442 IS

To provide the Secretary of Agriculture with alternatives to comply with the Federal Property and Administrative Services Act.

December 11, 2007

Mr. KYL introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

To provide the Secretary of Agriculture with alternatives to comply with the Federal Property and Administrative Services Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. STEWARDSHIP END-RESULT CONTRACTING PROJECTS.

Section 8 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2104) is amended--

(1) by redesignating subsection (h) as subsection (j) and moving that subsection so as to appear at the end of the section; and

(2) by inserting after subsection (g) the following:

`(h) Cancellation or Termination Costs-

`(1) IN GENERAL- Notwithstanding section 304B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254c), the Secretary is not required to obligate funds to cover the cost of cancelling a Forest Service stewardship multiyear contract under section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; section 101(e) of division A of Public Law 105-277) until the contract is cancelled.

`(2) FUNDING SOURCES- The costs of any cancellation or termination of a multiyear stewardship contract described in paragraph (1) may be paid from--

`(A) appropriations originally made available for the performance of the contract concerned;

`(B) appropriations currently available for procurement of the type of service concerned, and not otherwise obligated; or

`(C) funds appropriated for payments for that performance or procurement.

`(3) ANTI-DEFICIENCY ACT VIOLATIONS- In a case in which payment or obligation of funds under this subsection would constitute a violation of section 1341 of title 31, United States Code (commonly known as the `Anti-Deficiency Act'), the Secretary may--

`(A) seek a supplemental appropriation; or

`(B) request funds from the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code.'.