Page:United States Statutes at Large Volume 116 Part 3.djvu/643

 PUBLIC LAW 107-296—NOV. 25, 2002 116 STAT. 2235 In the case of any positions within a unit (or subdivision) which are first established on or after the effective date of this Act and any employees first appointed on or after such date, the preceding sentence shall be applied disregarding subparagraph (A). (c) WAIVER.—I f the President determines that the application of subsections (a), (b), and (d) would have a substantial adverse impact on the ability of the Department to protect homeland security, the President may waive the application of such subsections 10 days after the President has submitted to Congress a written explanation of the reasons for such determination. (d) COORDINATION RULE. — No other provision of this Act or of any amendment made by this Act may be construed or applied in a manner so as to limit, supersede, or otherwise affect the provisions of this section, except to the extent that it does so by specific reference to this section. (e) RULE OF CONSTRUCTION.— Nothing in section 9701(e) of title 5, United States Code, shall be considered to apply with respect to any agency or subdivision of any agency, which is excluded from the coverage of chapter 71 of title 5, United States Code, by virtue of an order issued in accordance with section 7103(b) of such title and the preceding provisions of this section (as applicable), or to any employees of any such agency or subdivision or to any individual or entity representing any such employees or any representatives thereof. Subtitle F—Federal Emergency Procurement Flexibility SEC. 851. DEFINITION. 6 USC 421. 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. PROCUREMENTS FOR DEFENSE AGAINST OR RECOVERY 6 USC 422. FROM TERRORISM OR NUCLEAR, BIOLOGICAL, CHEM- ICAL, OR RADIOLOGICAL ATTACK. The authorities provided in this subtitle apply to any procure- Applicability, ment 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. INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR 6 USC 423. PROCUREMENTS IN SUPPORT OF HUMANITARIAN OR PEACEKEEPING OPERATIONS OR CONTINGENCY OPER- ATIONS. (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—

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