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6 Legislative History of the Homeland Security Act of 2002 P.L. 107-296 [i] (2002)

handle is hein.leghis/lhishset0006 and id is 1 raw text is: September 25, 2002 - Co (B) AWARD BY SECRETARY.-The Secretary may award and designate contracts under which States and units of local government may procure anti-terrorism technologies and anti-terrorism services directly from the contract holders. No indemnification may be provided under the authorities set forth in section 742 for procurements that are made directly between contractors and States or units of local government. (2) PERMITTED CATALOG TECHNOLOGIES AND SERVICES.-A State may include in a request submitted under paragraph (1) only a tech- nology or service listed in the catalog pro- duced under subsection (b)(1). (3) COORDINATION OF LOCAL REQUESTS WITH- IN STATE.-The Governor of a State (or the Mayor of the District of Columbia) may es- tablish such procedures as the Governor (or the Mayor of the District of Columbia) con- siders appropriate for administering and co- ordinating requests for anti-terrorism tech- nologies or anti-terrorism services from units of local government within the State. (4) SHIPMENT AND TRANSPORTATION COSTS.- A State requesting anti-terrorism tech- nologies or anti-terrorism services shall be responsible for arranging and paying for any shipment or transportation costs ngpessary to deliver the technologies or services, re- spectively, to the State and localities within the State. (d) REIMBURSEMENT OF ACTUAL COSTS.-In the case of a procurement made by or for a State or unit of local government under the procedures established under this section, the Secretary shall require the State or unit of local government to reimburse the De- partment for the actual costs it has incurred for such procurement. (e) TIME FOR IMPLEMENTATION.-The cata- log and procedures required by subsection (b) of this section shall be completed as soon as practicable and no later than 210 days after the enactment of this Act. SEC. 744. CONGRESSIONAL NOTIFICATION. (a) IN GENERAL.-Notwithstanding any other law, a Federal agency shall, when exer- cising the discretionary authority of Public Law 85-804, as amended by section 742, to in- demnify contractors and subcontractors, provide written notification to the Commit- tees identified in subsection (b) within 30 days after a contract clause is executed to provide indemnification. (b) SUBMISSIoN.-The notification required by subsection (a) shall be submitted to- (1) the Appropriations Committees of the Senate and House; (2) the Armed Services Committees of the Senate and House; (3) the Senate Governmental Affairs Com- mittee; and (4) the House Government Reform Com- mittee. SEC. 745. DEFINITIONS. In this subtitle: (1) ANTI-TERRORISM TECHNOLOGY AND SERV- ICE.-The terms anti-terrorism technology and anti-terrorism service mean any prod- uct, equipment, or device, including informa- tion technology, and any service, system in- tegration, or other kind of service (including a support service), respectively, that is re- lated to technology and is designed, devel- oped, modified, or procured for the purpose of preventing, detecting, identifying, other- wise deterring, or recovering from acts of terrorism. (2) ACT OF TERRORISM.-The term act of terrorism means a calculated attack or threat of attack against any person, prop- erty, or infrastructure to inculcate fear, or to intimidate or coerce a government, the ci- vilian population, or any segment thereof, in the pursuit of political, religious, or ideolog- ical objectives. NGRESSIONAL RECORD-SENATE (3) INFORMATION TECHNOLOGY.-The term information technology has the meaning such term in section 11101(6) of title 40, United States Code. (4) STATE.-The term State includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States. (5) UNIT OF LOCAL GOVERNMENT.-The term unit of local government means any city, county, township, town, borough, parish, vil- lage, or other general purpose political sub- division of a State; an Indian tribe which performs law enforcement functions as de- tdrmined by the Secretary of the Interior; or any agency of the District of Columbia Gov- ernment or the United States Government performing law enforcement functions in and for the District of Columbia or the Trust Territory of the Pacific Islands. Subtitle F-Federal Emergency Procurement Flexibility SEC. 751. DEFINITION. In this title, the term executive agency has the meaning given that term under sec- tion 4(1) of the Office of Federal Procure- ment Policy Act (41 U.S.C. 403(1)). SEC. 752. PROCUREMENTS FOR DEFENSE AGAINST OR RECOVERY FROM TER- RORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL AT- TACK. The authorities provided in this subtitle apply to any procurement of property or services by or for an executive agency that, as determined by the head of the executive agency, are to be used to facilitate defense against or recovery from terrorism or nu- clear, biological, chemical, or radiological attack, but only if a solicitation of offers for the procurement is issued during the 1-year period beginning on the date of the enact- ment of this Act. * SEC. 753. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR PROCUREMENTS IN SUPPORT OF HUMANITARIAN OR PEACEKEEPING OPERATIONS OR CONTINGENCY OPERATIONS. (a) TEMPORARY THRESHOLD AMOUNTS.-For a procurement referred to in section 752 that is carried out in support of a humanitarian or peacekeeping operation or a contingency operation, the simplified acquisition thresh- old definitions shall be applied as if the amount determined under the exception pro- vided for such an operation in those defini- tions were- (1) in the case of a contract to be awarded and performed, or purchase to be made, in- side the United States, $250,000; or (2) in the case of a contract to be awarded and performed, or purchase to be made, out- side the United States, $500,000. (b) SIMPLIFIED ACQUISITION THRESHOLD DEFINITIONS.-In this section, the term sim- plified acquisition threshold definitions means the following: (1) Section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)). (2) Section 309(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(d)). (3) Section 2302(7) of title 10, United States Code. (C) SMALL BUSINESS RESERVE.-FOr a pro- curement carried out pursuant to subsection (a), section 15(j) of the Small Business Act (15 U.S.C. 644(j)) shall be..applied as if the maximum anticipated value identified there- in is equal to the amounts referred to in sub- section (a). SEC. 754. INCREASED MICRO-PURCHASE THRESH- OLD FOR CERTAIN PROCUREMENTS. In the administration of section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428) with respect to a procurement re- S9289 ferred to in section 752, the amount specified in subsections (c), (d), and (f) of such section 32 shall be deemed to be $10,000. SEC. 755. APPLICATION OF CERTAIN COMMER- CIAL ITEMS AUTHORITIES TO CER- TAIN PROCUREMENTS. (a) AUTHORITY.- (1) IN GENERAL.-The head of an executive agency may apply the provisions of law list- ed in paragraph (2) to a procurement referred to in section 752 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 fol- lows: (A) Sections 31 and 34 of the Office of Fed- eral 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 Of- fice of Managemerit and Budget shall issue guidance and procedures for the use of sim- plified 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 SIM- PLIFIED PURCHASE PROCEDURES.-Authority under a provision of law referred to in sub- section (a)(2) that expires under section 4202(e) of the Clinger-Cohen Act of 1996 (divi- sions D and E of Public Law 104--106; 10 U.S.C. 2304 note) shall, notwithstanding such sec- tion, continue to apply for use by the head of an executive agency as provided in sub- sections (a) and (b). SEC. 756. USE OF STREAMLINED PROCEDURES. (a) REQUIRED USE.-The head of an execu- tive agency shall, when appropriate, use streamlined acquisition authorities and pro- cedures authorized by law for a procurement referred to in section 752, including authori- ties 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 Fed- eral Property and Administrative Services Act of 1049: (A) Paragraphs (1), (2), (6), and (7) of sub- section (c) of section 303 (41 U.S.C. 253), relat- ing to use of procedures other than competi- tive 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 con- tracts. (2) TITLE 15, UNITED STATES CODE.-In chap- ter 137 of title 10, United States Code: (A) Paragraphs (1), (2), (6), and (7) of sub- section (c) of section 2304, relating to use of procedures other than competitive proce- dures 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 sec- tion 18(c) of the Office of Federal Procure- ment Policy Act (41 U.S.C. 416(c)), relating to inapplicability of a requirement for procure- ment notice.

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