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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Oversight and Government Reform, for a period to be subse-
quently 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. 
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 ‘‘FEMA Flexibility Act 
of 2011’’. 
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SEC. 2. DEPARTMENT OF HOMELAND SECURITY SPECIAL 
EMERGENCY 
PROCUREMENT 
AUTHORITY 
FOR DOMESTIC EMERGENCY OPERATIONS. 
(a) IN GENERAL.—Title V of the Homeland Security 
Act of 2002 is amended by adding at the end the following 
new section: 
‘‘SEC. 525. SPECIAL EMERGENCY PROCUREMENT AUTHOR-
ITY 
FOR 
DOMESTIC 
EMERGENCY 
OPER-
ATIONS. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, the Secretary is authorized to permit a class 
deviation to the Federal Acquisition Regulation with re-
spect to the micropurchase threshold and may do so in 
such official’s sole discretion to support domestic emer-
gency operations. 
‘‘(b) DELEGATION OF AUTHORITY.—The Secretary 
may carry out this section by acting through the Under 
Secretary for Management. 
‘‘(c) LIMITATION.—In any class deviation under sub-
section (a), the micropurchase threshold may not exceed 
$15,000. 
‘‘(d) 
DOMESTIC
EMERGENCY
OPERATION
DE-
FINED.—In this section, the term ‘domestic emergency op-
eration’ means assistance activities carried out in support 
of— 
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‘‘(1) an emergency or major disaster, as those 
terms are defined in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5122); 
‘‘(2) any occasion or instance for which the Sec-
retary determines Federal assistance is needed to 
supplement State and local efforts and capabilities 
to save lives and to protect property and public 
health and safety, or to lessen or avert the threat of 
a catastrophe in any part of the United States; or 
‘‘(3) any natural catastrophe (including any 
hurricane, tornado, storm, high water, wind-driven 
water, tidal wave, tsunami, earthquake, volcanic 
eruption, 
landslide, 
mudslide, 
snowstorm, 
or 
drought), or, regardless of cause, any fire, flood, or 
explosion, in any part of the United States, that in 
the determination of the Secretary causes damage of 
sufficient severity and magnitude to warrant major 
disaster assistance to supplement the efforts and 
available resources of States, local governments, and 
disaster relief organizations in alleviating the dam-
age, loss, hardship, or suffering caused thereby.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end of the items relating to title V the following new item: 
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