I 

112TH CONGRESS 

1ST SESSION H. R. 3058 

To authorize the Secretary of Homeland Security to permit a class deviation 

to the Federal Acquisition Regulation to support domestic emergency 

operations. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2011 

Mr. LONG (for himself, Mr. KING of New York, Mr. MARINO, and Mr. 

MCCAUL) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize the Secretary of Homeland Security to permit 

a class deviation to the Federal Acquisition Regulation 

to support domestic emergency operations. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FEMA Flexibility Act 

5 of 2011’’. 


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1 SEC. 2. DEPARTMENT OF HOMELAND SECURITY SPECIAL 

2 EMERGENCY PROCUREMENT AUTHORITY 

3 FOR DOMESTIC EMERGENCY OPERATIONS. 

4 (a) IN GENERAL.—Title V of the Homeland Security 

5 Act of 2002 is amended by adding at the end the following 

6 new section: 

7 ‘‘SEC. 525. SPECIAL EMERGENCY PROCUREMENT AUTHOR8 ITY FOR DOMESTIC EMERGENCY OPER9 ATIONS. 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other pro11 vision of law, the Secretary is authorized to permit a class 

12 deviation to the Federal Acquisition Regulation with re13 spect to the micropurchase threshold and may do so in 

14 such official’s sole discretion to support domestic emer15 gency operations. 

16 ‘‘(b) DELEGATION OF AUTHORITY.—The Secretary 

17 may carry out this section by acting through the Under 

18 Secretary for Management. 

19 ‘‘(c) LIMITATION.—In any class deviation under sub20 section (a), the micropurchase threshold may not exceed 

21 $15,000. 

22 ‘‘(d) DOMESTIC EMERGENCY OPERATION DE23 FINED.—In this section, the term ‘domestic emergency op24 eration’ means assistance activities carried out in support 

25 of— 


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1 ‘‘(1) an emergency or major disaster, as those 

2 terms are defined in section 102 of the Robert T. 

3 Stafford Disaster Relief and Emergency Assistance 

4 Act (42 U.S.C. 5122); 

5 ‘‘(2) any occasion or instance for which the Sec6 retary determines Federal assistance is needed to 

7 supplement State and local efforts and capabilities 

8 to save lives and to protect property and public 

9 health and safety, or to lessen or avert the threat of 

10 a catastrophe in any part of the United States; or 

11 ‘‘(3) any natural catastrophe (including any 

12 hurricane, tornado, storm, high water, wind-driven 

13 water, tidal wave, tsunami, earthquake, volcanic 

14 eruption, landslide, mudslide, snowstorm, or 

15 drought), or, regardless of cause, any fire, flood, or 

16 explosion, in any part of the United States, that in 

17 the determination of the Secretary causes damage of 

18 sufficient severity and magnitude to warrant major 

19 disaster assistance to supplement the efforts and 

20 available resources of States, local governments, and 

21 disaster relief organizations in alleviating the dam22 age, loss, hardship, or suffering caused thereby.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 in section 1(b) of such Act is amended by adding at the 

25 end of the items relating to title V the following new item: 


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‘‘Sec. 525. Special emergency procurement authority for domestic emergency 

operations.’’. 

Æ 


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