[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3766 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3766

 To simplify Federal procurement procedures for emergency and disaster 
                    relief, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2005

Mr. Marchant (for himself and Mr. Tom Davis of Virginia) introduced the 
   following bill; which was referred to the Committee on Government 
    Reform, and in addition to the Committees on Armed Services and 
  Transportation and Infrastructure, 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 simplify Federal procurement procedures for emergency and disaster 
                    relief, 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. SPECIAL PROCUREMENT FLEXIBILITIES FOR EMERGENCY AND DISASTER 
              RELIEF.

    The Office of Federal Procurement Policy Act (41 U.S.C. 403 et 
seq.) is amended by adding at the end the following new section:

``SEC. 42. SPECIAL PROCUREMENT FLEXIBILITIES FOR EMERGENCY AND DISASTER 
              RELIEF.

    ``(a) General Authority.--(1) During a national emergency declared 
by Congress or the President or a major disaster declared by the 
President, the head of an executive agency may use procedures other 
than competitive procedures pursuant to the provisions in section 
2304(c)(7) of title 10, United States Code, or section 303(c)(7) of the 
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
253(c)(7)), without regard to subparagraph (B) of such sections.
    ``(2) The head of the agency may not use the authority in paragraph 
(1) unless the head of the agency determines that use of such authority 
is necessary to facilitate the response to or recovery from the 
national emergency or major disaster. Such determination shall be in 
lieu of the determination required by section 2304(c)(7)(A) of title 
10, United States Code, or section 303(c)(7)(A) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 253(c)(7)(A)).
    ``(b) Additional Authorities.--The head of the executive agency may 
apply the following provisions of law as if the property or services to 
be acquired pursuant to the authority in subsection (a) are commercial 
items:
            ``(1) Sections 26 and 34 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 422 and 430).
            ``(2) Section 2306a of title 10, United States Code.
            ``(3) Section 304A of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 254b).''.

SEC. 2. USE OF VOLUNTEERS.

    At the end of chapter 97 of title 5, United States Code, add the 
following new section:
``Sec. 9702. Authority to use services of volunteers
    ``The Federal Emergency Management Agency may accept the services 
of volunteers and provide for their incidental expenses to carry out 
any activity of the Agency except policymaking or law or regulatory 
enforcement.''.
                                 <all>