Page:United States Statutes at Large Volume 117.djvu/1694

 PUBLIC LAW 108–136—NOV. 24, 2003

117 STAT. 1675

(b) CLASSIFIED INFORMATION.— (1) AUTHORITY TO WITHHOLD.—The head of an executive agency may— (A) withhold from publication and disclosure under subsection (a) any document that is classified for restricted access in accordance with an Executive order in the interest of national defense or foreign policy; and (B) redact any part so classified that is in a document not so classified before publication and disclosure of the document under subsection (a). (2) AVAILABILITY TO CONGRESS.—In any case in which the head of an executive agency withholds information under paragraph (1), the head of such executive agency shall make available an unredacted version of the document containing that information to the chairman and ranking member of each of the following committees of Congress: (A) The Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives. (B) The Committees on Appropriations of the Senate and House of Representatives. (C) Each committee that the head of the executive agency determines has legislative jurisdiction for the operations of such department or agency to which the information relates. (c) FISCAL YEAR 2003 CONTRACTS.—This section shall apply to contracts entered into on or after October 1, 2002, except that, in the case of a contract entered into before the date of the enactment of this Act, subsection (a) shall be applied as if the contract had been entered into on the date of the enactment of this Act. (d) RELATIONSHIP TO OTHER DISCLOSURE LAWS.—Nothing in this section shall be construed as affecting obligations to disclose United States Government information under any other provision of law. (e) DEFINITIONS.—In this section, the terms ‘‘executive agency’’ and ‘‘full and open competition’’ have the meanings given such terms in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).

Applicability.

SEC. 1443. SPECIAL EMERGENCY PROCUREMENT AUTHORITY.

(a) PERMANENT AUTHORITY.—(1) The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by inserting after section 32 the following new section: ‘‘SEC. 32A. SPECIAL EMERGENCY PROCUREMENT AUTHORITY.

41 USC 428a.

‘‘(a) APPLICABILITY.—The authorities provided in this section apply with respect to any procurement of property or services by or for an executive agency that, as determined by the head of such executive agency, are to be used— ‘‘(1) in support of a contingency operation; or ‘‘(2) to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States. ‘‘(b) INCREASED THRESHOLDS.—For a procurement to which this section applies under subsection (a)— ‘‘(1) the amount specified in subsections (c), (d), and (f) of section 32 shall be deemed to be $15,000; and ‘‘(2) the term ‘simplified acquisition threshold’ means—

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