[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3426 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3426

To provide increased flexibility Governmentwide for the procurement of 
property 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 procurement of 
property and services to facilitate the defense against terrorism, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives 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 PEACEKEEPING OPERATIONS AND 
              CONTINGENCY OPERATIONS.

    (a) Increased Threshold for Simplified Acquisitions.--Section 4(11) 
of the Office of Federal Procurement 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 contract 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 Federal 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 AUTHORITIES 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 Procurement Policy 
        Act (41 U.S.C. 427(a)(2)), section 2304(g)(1)(B) of title 10, 
        United States Code, and section 303(g)(1)(B) of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        253(g)(1)(B)) shall not apply to purchases of property or 
        services to which any of the provisions of law referred to in 
        subsection (a) are applied under the authority of this section.
            (2) OMB guidance.--The Director of the Office of Management 
        and Budget shall issue guidance and procedures for the use of 
        simplified acquisition procedures for a purchase of property or 
        services in excess of $5,000,000 under the authority of this 
        section.
    (c) Continuation of Authority for Simplified Purchase Procedures.--
Authority under a provision of law referred to in subsection (a)(2) 
that expires under section 4202(e) of the Clinger-Cohen Act of 1996 
(divisions D and E of Public Law 104-106; 10 U.S.C. 2304 note) shall, 
notwithstanding such section, continue to apply for use by the head of 
an executive agency as provided in subsections (a) and (b).

SEC. 5. USE OF STREAMLINED PROCEDURES.

    The head of an executive agency shall, when appropriate, use 
streamlined acquisition authorities and procedures authorized by law 
for an acquisition, during fiscal years 2002 and 2003, of property or 
services that, as determined by such official, would facilitate the 
defense against terrorism or NBCRT attack, including authorities and 
procedures that are provided under the following provisions 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 competitive procedures under 
                certain circumstances (subject to subsection (e) of 
                such section).
                    (B) Section 303J (41 U.S.C. 253j), relating to 
                orders under task and delivery order contracts.
            (2) Title 10, united states code.--In chapter 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 subsection (e) of such 
                section).
                    (B) Section 2304c, relating to orders under task 
                and delivery order contracts.
            (3) Office of federal procurement policy 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 
        inapplicability of a requirement for procurement notice.

SEC. 6. CERTAIN RESEARCH AND DEVELOPMENT BY CIVILIAN 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 research, 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 defense 
                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, except 
        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 authorized by the Director of the Office of 
        Management 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 national 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 subsection (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 sections 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 accordance with the same requirements and conditions 
        as are provided for carrying out prototype projects under 
        section 845 of the National Defense Authorization Act for 
        Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note).
            (2) Conforming authority.--In the application 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 Management 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 market research on 
an ongoing basis to identify effectively the capabilities, including 
the capabilities of small businesses and new entrants into Federal 
contracting, that are available in the marketplace for meeting the 
requirements of the executive agency in furtherance of defense against 
terrorism or NBCRT attack. The head of the executive agency shall, to 
the maximum extent practicable, take advantage of commercially 
available market research methods, including use of commercial 
databases, to carry out the research.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) NBCRT attack.--The term ``NBCRT attack'' means a 
        nuclear, biological, chemical, radiological, attack against the 
        United States, or a technological attack against a national 
        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)).
            (2) Executive agency.--The term ``executive agency'' has 
        the meaning given the term in section 4(1) of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403(1)).
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