I
107TH CONGRESS
1ST SESSION
H. R. 3426
To provide increased flexibility Governmentwide for the procurement of prop-
erty and services to facilitate the defense against terrorism, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 6, 2001
Mr. TOM DAVIS of Virginia (for himself and Mr. WELDON of Pennsylvania)
introduced the following bill; which was referred to the Committee on
Government Reform
A BILL
To provide increased flexibility Governmentwide for the pro-
curement of property and services to facilitate the de-
fense against terrorism, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Emergency
Procurement Flexibility Act of 2001’’.
SEC. 2. CONTRACTING FOR HUMANITARIAN OR PEACE-
KEEPING OPERATIONS AND CONTINGENCY
OPERATIONS.
(a) INCREASED THRESHOLD FOR SIMPLIFIED ACQUI-
SITIONS.—Section 4(11) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403(11)) is amended to read
as follows:
‘‘(11)(A) Except as provided in subparagraph
(B), the term ‘simplified acquisition threshold’
means $100,000.
‘‘(B) The term ‘simplified acquisition threshold’
means an amount equal to five times the amount
specified in subparagraph (A) in the case of a con-
tract to be awarded and performed, or purchase to
be made, in support of—
‘‘(i) a military operation (not including
routine training, force rotation, or stationing)
in support of the provision of humanitarian or
foreign disaster assistance or in support of a
peacekeeping operation under chapter VI or VII
of the Charter of the United Nations; or
‘‘(ii) a contingency operation (as defined in
section 101(a)(13) of title 10, United States
Code).’’.
(b) CONFORMING AMENDMENTS.—
(1) FEDERAL PROPERTY AND ADMINISTRATIVE
SERVICES ACT OF 1949.—Section 309(d) of the Fed-
eral Property and Administrative Services Act of
1949 (41 U.S.C. 259(d)) is amended—
(A) in paragraph (1)—
(i) by striking ‘‘(1)’’; and
(ii) by striking ‘‘, except that,’’ and all
that follows through ‘‘section 4 of such
Act’’; and
(B) by striking paragraph (2).
(2) TITLE 10, UNITED STATES CODE.—Section
2302(7) of title 10, United States Code, is amended
by striking ‘‘, except that,’’ and all that follows
through ‘‘section 4 of such Act’’.
SEC. 3. INCREASED MICRO-PURCHASE THRESHOLD FOR
CERTAIN PROCUREMENTS.
In the administration of section 32 of the Office of
Federal Procurement Policy Act (41 U.S.C. 428) during
fiscal years 2002 and 2003 with respect to procurements
of property or services by or for an executive agency for
use to facilitate the defense against terrorism or NBCRT
attack, as determined by the head of the executive agency,
the amount specified in subsections (c), (d), and (f) of
such section shall be deemed to be $25,000.
SEC. 4. APPLICATION OF CERTAIN COMMERCIAL ITEMS AU-
THORITIES TO CERTAIN PROCUREMENTS.
(a) AUTHORITY.—
(1) IN GENERAL.—The head of an executive
agency may apply the provisions of law listed in
paragraph (2) in the procurement of property or
services during fiscal years 2002 and 2003 by or for
the executive agency for use to facilitate defense
against terrorism or NBCRT attack, as determined
by the head of the executive agency, without regard
to whether the property or services are commercial
items.
(2) COMMERCIAL ITEM LAWS.—The provisions
of law referred to in paragraph (1) are as follows:
(A) Sections 31 and 34 of the Office of
Federal Procurement Policy Act (41 U.S.C.
427, 430).
(B) Section 2304(g) of title 10, United
States Code.
(C) Section 303(g) of the Federal Property
and Administrative Services Act of 1949 (41
U.S.C. 253(g)).
(b) INAPPLICABILITY OF LIMITATION ON USE OF
SIMPLIFIED ACQUISITION PROCEDURES.—
(1) IN GENERAL.—The $5,000,000 limitation
provided in section 31(a)(2) of the Office of Federal
dures authorized by law for an acquisition, during fiscal
years 2002 and 2003, of property or services that, as de-
termined by such official, would facilitate the defense
against terrorism or NBCRT attack, including authorities
and procedures that are provided under the following pro-
visions of law:
(1) FEDERAL PROPERTY AND ADMINISTRATIVE
SERVICES ACT OF 1949.—In title III of the Federal
Property and Administrative Services Act of 1949:
(A) Paragraphs (1), (2), (6), and (7) of
subsection (c) of section 303 (41 U.S.C. 253),
relating to use of procedures other than com-
petitive procedures under certain circumstances
(subject to subsection (e) of such section).
(B) Section 303J (41 U.S.C. 253j), relat-
ing to orders under task and delivery order con-
tracts.
(2) TITLE 10, UNITED STATES CODE.—In chap-
ter 137 of title 10, United States Code:
(A) Paragraphs (1), (2), (6), and (7) of
subsection (c) of section 2304, relating to use
of procedures other than competitive procedures
under certain circumstances (subject to sub-
section (e) of such section).
(B) Section 2304c, relating to orders
under task and delivery order contracts.
(3) OFFICE OF FEDERAL PROCUREMENT POL-
ICY ACT.—Paragraphs (1)(B), (1)(D), and (2) of
section 18(c) of the Office of Federal Procurement
Policy Act (41 U.S.C. 416(c)), relating to inapplica-
bility of a requirement for procurement notice.
SEC. 6. CERTAIN RESEARCH AND DEVELOPMENT BY CIVIL-
IAN AGENCIES.
(a) AUTHORITY.—
(1) IN
GENERAL.—Title III of the Federal
Property and Administrative Services Act of 1949
(41 U.S.C. 251 et seq.) is amended by adding at the
end the following new section:
‘‘SEC. 317. RESEARCH AND DEVELOPMENT TO FACILITATE
DEFENSE AGAINST TERRORISM OR NBCRT
ATTACK.
‘‘(a) AUTHORITY.—
‘‘(1) IN GENERAL.—The head of an executive
agency may engage in basic research, applied re-
search, advanced research, and development projects
that—
‘‘(A) are necessary to the responsibilities of
such official’s executive agency in the field of
research and development; and
‘‘(B) have the potential to facilitate de-
fense against terrorism or NBCRT attack.
‘‘(2) AUTHORIZED
MEANS.—To engage in
projects authorized under paragraph (1), the head of
an executive agency may exercise the same authority
(subject to the same restrictions and conditions) as
the Secretary of Defense may exercise under sections
2358 and 2371 of title 10, United States Code, ex-
cept for subsections (b), (f), and (g) of such section
2371.
‘‘(3) APPLICABILITY TO SELECTED EXECUTIVE
AGENCIES.—The head of an executive agency may
exercise authority under this subsection only if au-
thorized by the Director of the Office of Manage-
ment and Budget to do so.
‘‘(b) NBCRT ATTACK DEFINED.—In this section,
the term ‘NBCRT attack’ means a nuclear, biological,
chemical, radiological, or technological attack on the
United States and includes a technological attack on a na-
tional security system (as defined in section 5142 of the
Clinger-Cohen Act of 1996 (divisions D and E of Public
Law 104–106; 40 U.S.C. 1452)).
‘‘(c) ANNUAL REPORT.—The annual report of the
head of an executive agency that is required under sub-
section (h) of section 2371 of title 10, United States Code,
as applied to the head of an executive agency by subsection
(a), shall be submitted to the Committee on Governmental
Affairs of the Senate and the Committee on Government
Reform of the House of Representatives.
‘‘(d) REGULATIONS.—The Director of the Office of
Management and Budget shall prescribe regulations to
carry out this section.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions in section 1(b) is amended by inserting after
the item relating to section 316 the following new
item:
‘‘Sec. 317. Research and development to facilitate defense against terrorism
or NBCRT attack.’’.
(b) TEMPORARY AUTHORITY
FOR CARRYING OUT
CERTAIN PROTOTYPE PROJECTS.—
(1) IN GENERAL.—The head of an executive
agency designated by the Director of the Office of
Management and Budget to do so may, under the
authority of section 317 of the Federal Property and
Administrative Services Act of 1949 (as added by
subsection (a)), carry out prototype projects that
meet the requirements of subparagraphs (A) and
(B) of subsection (a)(1) of such section in accord-
ance with the same requirements and conditions as
are provided for carrying out prototype projects
under section 845 of the National Defense Author-
ization Act for Fiscal Year 1994 (Public Law 103–
160; 10 U.S.C. 2371 note).
(2) CONFORMING AUTHORITY.—In the applica-
tion of the requirements and conditions of section
845 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103–160; 10 U.S.C.
2371 note) to the administration of authority under
paragraph (1)—
(A) subsection (c) of such section shall
apply with respect to prototype projects carried
out under this subsection; and
(B) the Director of the Office of Manage-
ment and Budget shall perform the function of
the Secretary of Defense under subsection (d)
of such section.
SEC. 7. IDENTIFICATION OF NEW ENTRANTS INTO THE
FEDERAL MARKETPLACE.
The head of each executive agency shall conduct mar-
ket research on an ongoing basis to identify effectively the
capabilities, including the capabilities of small businesses
and new entrants into Federal contracting, that are avail-
able in the marketplace for meeting the requirements of
the executive agency in furtherance of defense against ter-
rorism or NBCRT attack. The head of the executive agen-
cy shall, to the maximum extent practicable, take advan-