[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4629 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4629

 To amend the Office of Federal Procurement Policy Act to establish a 
 program to encourage and support carrying out innovative proposals to 
           enhance homeland security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 2002

  Mr. Tom Davis of Virginia introduced the following bill; which was 
             referred to the Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
 To amend the Office of Federal Procurement Policy Act to establish a 
 program to encourage and support carrying out innovative proposals to 
           enhance homeland security, 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. PROGRAM TO ENCOURAGE AND SUPPORT INNOVATIVE SOLUTIONS TO 
              ENHANCE HOMELAND SECURITY.

    (a) Establishment of Program.--The Office of Federal Procurement 
Policy Act (41 U.S.C. et seq.) is amended by adding at the end the 
following new section:

``SEC. 40. PROGRAM TO ENCOURAGE INNOVATIVE SOLUTIONS TO ENHANCE 
              HOMELAND SECURITY.

    ``(a) Establishment of Program.--The Administrator shall establish 
and promote a Governmentwide program to encourage and recognize 
contractor innovation and excellence in facilitating the defense of the 
United States against, or recovery from, terrorism or nuclear, 
biological, chemical, or radiological attack.
    ``(b) Issuance of Agency Announcements Seeking Innovative 
Solutions.--Under the program, the Administrator, in consultation with 
the Director of the Office of Homeland Security, the Associate Director 
for Information Technology and E-Government of the Office of Management 
and Budget, and the Secretaries of Defense, Energy, Commerce, 
Transportation, and the Treasury, shall issue agency announcements 
seeking unique and innovative solutions to advance the defense of the 
United States against, or recovery from, terrorism or nuclear, 
biological, chemical, or radiological attack.
    ``(c) Multiagency Technical Assistance Team.--(1) The 
Administrator, in consultation with the individuals described in 
subsection (b), shall convene a multiagency technical assistance team 
to assist in screening proposals submitted to the Administrator to 
provide unique and innovative solutions to advance the defense of the 
United States against, or recovery from, terrorism or nuclear, 
biological, chemical, or radiological attack. The team shall be 
composed of employees of the participating agencies who have expertise 
in scientific and technical disciplines that would facilitate the 
assessment of the feasibility of the proposals.
    ``(2) The technical assistance team shall--
            ``(A) assess the feasibility, scientific and technical 
        merits, and estimated cost of each proposal; and
            ``(B) submit each proposal, and the assessment of the 
        proposal, to each executive agency whose mission most coincides 
        with the subject matter of the proposal.
    ``(3) The technical assistance team shall not consider or evaluate 
proposals submitted in response to a solicitation for offers for a 
pending procurement or for a specific agency requirement.
    ``(d) Monetary Awards for Innovative Solutions.--(1) Under the 
program carried out under this section, the Administrator shall provide 
monetary awards in recognition of unique and innovative solutions with 
the potential to significantly advance the defense of the United States 
against, or recovery from, terrorism or nuclear, biological, chemical, 
or radiological attack.
    ``(2) The Administrator shall use a competitive process to select 
recipients of monetary awards under this subsection which shall include 
the widely advertised solicitation (including the agency announcements 
described in subsection (b)) of descriptive submissions on technology 
developments and prototypes, the substance of which are not otherwise 
available to the United States. The Administrator shall work with the 
multiagency technical assistance team described in subsection (c) in 
carrying out the competitive selection process.
    ``(3) An award made under this subsection may not exceed $20,000. 
The total amount of awards made under this subsection in a fiscal year 
may not exceed $500,000.
    ``(4) At least one quarter of the total amount awarded under this 
subsection during a fiscal year shall be awarded to small business 
concerns, within the meaning of such term as used in the Small Business 
Act (15 U.S.C. 632 et seq.).''.
    (b) Clerical Amendment.--The table of contents at the beginning of 
such Act is amended by adding at the end the following new item:

``Sec. 40. Program to encourage innovative solutions to enhance 
                            homeland security.''.

SEC. 2. PILOT PROGRAM TO ENCOURAGE INNOVATIVE COMMERCIAL SOLUTIONS.

    (a) Pilot Program.--The Administrator of the Office of Federal 
Procurement Policy shall, in consultation with the Assistant to the 
President for Homeland Security, establish a pilot program under which 
the Secretaries of Defense, Energy, Commerce, Transportation, and the 
Treasury may--
            (1) test the innovative use of streamlined acquisition 
        authorities and procedures authorized by law, with emphasis on 
        provisions authorizing the rapid acquisition of goods and 
        services; and
            (2) test the feasibility of rapidly entering into contracts 
        with private entities to carry out immediate solutions to key 
        homeland security needs using, to the maximum extent 
        practicable, commercial, off-the-shelf items and commercially 
        available services.
    (b) Use of Streamlined Acquisition Authorities.--Under the pilot 
program, the head of an executive agency referred to in subsection (a) 
shall, if appropriate, use streamlined acquisition authorities and 
procedures authorized by law, including authorities and procedures that 
are provided under the following provisions:
            (1) 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) 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) 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.
    (c) Waiver of Requirements.--(1) To carry out the pilot program 
under this section, the head of an agency may waive--
            (A) any provision of the Federal Acquisition Regulation 
        that is not required by statute; and
            (B) any provision of the Federal Acquisition Regulation 
        that is required by a provision of law described in paragraph 
        (2), the waiver of which the head of the agency determines in 
        writing to be necessary to carry out the pilot program.
    (2) The provisions of law referred to in paragraph (1) are as 
follows:
            (A) Section 18 of the Office of Federal Procurement Policy 
        Act (41 U.S.C. 416).
            (B) Subsections (e), (f), and (g) of section 8 of the Small 
        Business Act (15 U.S.C. 637).
    (d) Limitations.--(1) The head of an agency authorized to 
participate in the pilot program may carry out not more than one 
project under the program and may enter into not more than three 
contracts to carry out the project.
    (2) A project carried out under this section shall be approved by 
the Administrator in consultation with the Assistant to the President 
for Homeland Security and the multiagency technical assistance team 
established under section 40(c) of the Office of Federal Procurement 
Policy Act (as added by section 1).
    (e) Criteria for Evaluating Results.--The head of an agency 
participating in the pilot program under this section shall establish 
measurable mission-related criteria for evaluating the results of a 
project under the program. Such agency head shall, as soon as 
practicable after the completion of the project, report to the 
Administrator on the lessons learned from the project. The 
Administrator shall share the results of, and reports on, all the 
projects carried out under this section with the heads of other 
agencies that carry out responsibilities with respect to homeland 
security.
    (f) Prohibition Against Discrimination Against Small Business 
Concerns.--This section shall be applied in a manner that does not 
discriminate against small business concerns (within the meaning of 
such term as used in the Small Business Act (15 U.S.C. 632 et seq.)) or 
any type of small business concern.
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