H.R. 5185 — To make improvements in the enactment of title 41, United States Code, into a positive law title and to improve the Code.
Executive Summary
H.R. 5185 is a comprehensive technical corrections bill designed to update and conform various provisions of the United States Code to reflect the prior enactment of Title 41 (Public Contracts) into positive law. The bill systematically replaces outdated references to legacy statutes—such as the Federal Property and Administrative Services Act of 1949, the Office of Federal Procurement Policy Act, and various Revised Statutes—with their modern, codified citations in Title 41 and Title 40. This is a routine, non-partisan housekeeping measure prepared by the Office of the Law Revision Counsel to ensure the accuracy, consistency, and usability of federal statutory law.
Arguments For
- Improves the clarity, consistency, and usability of the United States Code for legal practitioners, federal agencies, and the judiciary by eliminating obsolete cross-references.
- Represents a standard, non-controversial exercise of Congress's duty to maintain the U.S. Code, carrying zero fiscal impact or substantive policy changes.
Likely Supporters
Arguments Against
- Because it is a massive technical bill spanning over 60 pages, there is a minor risk of unintended drafting errors that could inadvertently alter the interpretation of existing procurement laws.
- Consumes limited committee and floor time for purely administrative housekeeping, though it will likely be expedited via suspension of the rules or unanimous consent.
Likely Opponents
📋 Key Provisions
- Amends dozens of U.S. Code titles to replace obsolete cross-references to legacy procurement laws with updated Title 41 and Title 40 citations.
- Establishes Chapter 73 in Title 41 to govern the finality of administrative decisions in disputes arising under contracts not subject to Chapter 71, ensuring decisions are final unless fraudulent, capricious, arbitrary, or grossly erroneous.
- Creates a new Subchapter IV in Title 41, Chapter 1, providing explicit statutory translation references for provisions formerly contained in the Office of Federal Procurement Policy Act and the Federal Property and Administrative Services Act of 1949.
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Replaces references to section 3709 of the Revised Statutes with section 6101 of title 41.
"section 3709 of the Revised Statutes"
Adds Chapter 73 to Title 41 regarding the finality of administrative decisions.
"CHAPTER 73—FINALITY OF ADMINISTRATIVE DECI"
Adds a new section 171 to Title 41 to translate obsolete references to the Federal Property and Administrative Services Act of 1949.
"References to provisions formerly contained in Fed"