Amends the Office of Federal Procurement Policy Act to authorize the head of an executive agency, during a national emergency or major disaster, to use procurement procedures other than competitive procedures when necessary to facilitate the response to, or recovery from, the national emergency or major disaster. Allows such agency head to apply specified provisions of law as if the property or services to be acquired are commercial items.
Authorizes the Federal Emergency Management Agency (FEMA) to accept the services of volunteers and provide for their incidental expenses in carrying out FEMA activities other than policymaking or law or regulatory enforcement.
[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>
Introduced in House
Introduced in House
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.
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.
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.
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.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
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