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(1) procure the temporary or intermittent services of experts or consultants (or organizations thereof) in accordance with section 3109(b) of title 5, United States Code; and
(2) whenever necessary due to an urgent homeland security need, procure temporary (not to exceed 1 year) or intermittent personal services, including the services of experts or consultants (or organizations thereof), without regard to the pay limitations of such section 3109.
(d) DEFINITION OF NONTRADITIONAL GOVERNMENT CONTRACTOR.-In this section, the term "nontraditional Government contractor” has the same meaning as the term “nontraditional defense contractor” as defined in section 845(e) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note). SEC. 832. (6 U.S.C. 392] PERSONAL SERVICES. The Secretary
(1) may procure the temporary or intermittent services of experts or consultants (or organizations thereof) in accordance with section 3109 of title 5, United States Code; and
(2) may, whenever necessary due to an urgent homeland security need, procure temporary (not to exceed 1 year) or intermittent personal services, including the services of experts or consultants (or organizations thereof), without regard to the
pay limitations of such section 3109. SEC. 833. [6 U.S.C. 393) SPECIAL STREAMLINED ACQUISITION AUTHOR
(1) IN GENERAL.—The Secretary may use the authorities set forth in this section with respect to any procurement made during the period beginning on the effective date of this Act and ending September 30, 2007, if the Secretary determines in writing that the mission of the Department (as described in section 101) would be seriously impaired without the use of such authorities.
(2) DELEGATION.—The authority to make the determination described in paragraph (1) may not be delegated by the Secretary to an officer of the Department who is not appointed by the President with the advice and consent of the Senate.
(3) NOTIFICATION.—Not later than the date that is 7 days after the date of any determination under paragraph (1), the Secretary shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate
(A) notification of such determination, and
(B) the justification for such determination. (b) INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN PROCUREMENTS.
(1) IN GENERAL.—The Secretary may designate certain employees of the Department to make procurements described in subsection (a) for which in the administration of section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428) the amount specified in subsections (c), (d), and (f) of such section 32 shall be deemed to be $7,500.
(2) NUMBER OF EMPLOYEES.—The number of employees designated under paragraph (1) shall be
(A) fewer than the number of employees of the Department who are authorized to make purchases without obtaining competitive quotations, pursuant to section 32(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 428(c));
(B) sufficient to ensure the geographic dispersal of the availability of the use of the procurement authority under such paragraph at locations reasonably considered to be potential terrorist targets; and
(C) sufficiently limited to allow for the careful monitoring of employees designated under such paragraph.
(3) REVIEW.-Procurements made under the authority of this subsection shall be subject to review by a designated supervisor on not less than a monthly basis. The supervisor responsible for the review shall be responsible for no more than 7 employees making procurements under this subsection. (c) SIMPLIFIED ACQUISITION PROCEDURES.
(1) IN GENERAL.-With respect to a procurement described in subsection (a), the Secretary may deem the simplified acquisition threshold referred to in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)) to be
(A) in the case of a contract to be awarded and performed, or purchase to be made, within the United States, $200,000; and
(B) in the case of a contract to be awarded and performed, or purchase to be made, outside of the United States, $300,000.
(2) CONFORMING AMENDMENTS.—Section 18(c)(1) of the Office of Federal Procurement Policy Act is amended
(A) by striking “or” at the end of subparagraph (F);
(B) by striking the period at the end of subparagraph (G) and inserting "; or"; and
(C) by adding at the end the following: "(H) the procurement is by the Secretary of Homeland Security pursuant to the special procedures provided in section 833(c) of the Homeland Security Act of 2002.".
(d) APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES.—
(1) IN GENERAL.—With respect to a procurement described in subsection (a), the Secretary may deem any item or service to be a commercial item for the purpose of Federal procurement laws.
(2) LIMITATION.—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)) 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 be deemed to be $7,500,000 for purposes of property or services under the authority of this subsection.
(3) CERTAIN AUTHORITY.—Authority under a provision of law referred to in paragraph (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, notwith
standing such section, continue to apply for a procurement described in subsection (a).
(e) REPORT.-Not later than 180 days after the end of fiscal year 2005, the Comptroller General shall submit to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives a report on the use of the authorities provided in this section. The report shall contain the following:
(1) An assessment of the extent to which property and services acquired using authorities provided under this section contributed to the capacity of the Federal workforce to facilitate the mission of the Department as described in section 101.
(2) An assessment of the extent to which prices for property and services acquired using authorities provided under this section reflected the best value.
(3) The number of employees designated by each executive agency under subsection (b)(1).
(4) An assessment of the extent to which the Department has implemented subsections (b)(2) and (b)(3) to monitor the use of procurement authority by employees designated under subsection (b)(1).
(5) Any recommendations of the Comptroller General for improving the effectiveness of the implementation of the provi
sions of this section. SEC. 834. [6 U.S.C. 394) UNSOLICITED PROPOSALS.
(a) REGULATIONS REQUIRED.—Within 1 year of the date of enactment of this Act, the Federal Acquisition Regulation shall be revised to include regulations with regard to unsolicited proposals.
(b) CONTENT OF REGULATIONS.—The regulations prescribed under subsection (a) shall require that before initiating a comprehensive evaluation, an agency contact point shall consider, among other factors, that the proposal
(1) is not submitted in response to a previously published agency requirement; and
(2) contains technical and cost information for evaluation and overall scientific, technical or socioeconomic merit, or cost
related or price-related factors. SEC. 835. [6 U.S.C. 395) PROHIBITION ON CONTRACTS WITH COR
PORATE EXPATRIATES. (a) IN GENERAL.—The Secretary may not enter into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation under subsection (b).
(b) INVERTED DOMESTIC CORPORATION.–For purposes of this section, a foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)
(1) the entity completes after the date of enactment of this Act, the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;
(2) after the acquisition at least 80 percent of the stock (by vote or value) of the entity is held
(A) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or
(B) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and
(3) the expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. (c) DEFINITIONS AND SPECIAL RULES.
(1) RULES FOR APPLICATION OF SUBSECTION (b).—In applying subsection (b) for purposes of subsection (a), the following rules shall apply:
(A) CERTAIN STOCK DISREGARDED.—There shall not be taken into account in determining ownership for purposes of subsection (b)(2)
(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or
(ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1).
(B) PLAN DEEMED IN CERTAIN CASES. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is after the date of enactment of this Act and which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.
(C) CERTAIN TRANSFERS DISREGARDED.—The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.
(D) SPECIAL RULE FOR RELATED PARTNERSHIPS.–For purposes of applying subsection (b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as I partnership.
(E) TREATMENT OF CERTAIN RIGHTS.-The Secretary shall prescribe such regulations as may be necessary to
(i) treat warrants, options, contracts to acquire stock, convertible debt instruments, and other similar interests as stock; and
(ii) treat stock as not stock. (2) EXPANDED AFFILIATED GROUP.—The term “expanded affiliated group” means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of
such Code shall be applied by substituting “more than 50 percent” for “at least 80 percent” each place it appears.
(3) FOREIGN INCORPORATED ENTITY.—The term “foreign incorporated entity" means any entity which is, or but for subsection (b) would be treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.
(4) OTHER DEFINITIONS.—The terms “person", "domestic”, and "foreign" have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.
(d) WAIVERS.—The Secretary shall waive subsection (a) with respect to any specific contract if the Secretary determines that the waiver is required in the interest of homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur.
SEC. 851. [6 U.S.C. 421] DEFINITION.
In this subtitle, the term "executive agency" has the meaning given that term under section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)). SEC. 852. [6 U.S.C. 422] PROCUREMENTS FOR DEFENSE AGAINST OR
RECOVERY FROM TERRORISM OR NUCLEAR, BIOLOGICAL,
CHEMICAL, OR RADIOLOGICAL ATTACK. 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 nuclear, 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 enactment of this Act. SEC. 853. [6 U.S.C. 423] INCREASED SIMPLIFIED ACQUISITION THRESH
OLD FOR PROCUREMENTS IN SUPPORT OF HUMANI.
GENCY OPERATIONS. (a) TEMPORARY THRESHOLD AMOUNTS.For a procurement referred to in section 852 that is carried out in support of a humanitarian or peacekeeping operation or a contingency operation, the simplified acquisition threshold definitions shall be applied as if the amount determined under the exception provided for such an operation in those definitions were
(1) in the case of a contract to be awarded and performed, or purchase to be made, inside the United States, $200,000; or
(2) in the case of a contract to be awarded and performed, or purchase to be made, outside the United States, $300,000.
(b) SIMPLIFIED ACQUISITION THRESHOLD DEFINITIONS.-In this section, the term "simplified acquisition threshold definitions" means the following: