[DOCID: f:sr344.110]
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Calendar No. 768
110th Congress Report
SENATE
2d Session 110-344
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LOCAL PREPAREDNESS ACQUISITION ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 3179
TO AMEND TITLE 40, UNITED STATES CODE, TO AUTHORIZE THE USE OF FEDERAL
SUPPLY SCHEDULES FOR THE ACQUISITION OF LAW ENFORCEMENT, SECURITY, AND
CERTAIN OTHER RELATED ITEMS BY STATE AND LOCAL GOVERNMENTS
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
June 5, 2008.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TED STEVENS, Alaska
THOMAS R. CARPER, Delaware GEORGE V. VOINOVICH, Ohio
MARK L. PRYOR, Arkansas NORM COLEMAN, Minnesota
MARY L. LANDRIEU, Louisiana TOM COBURN, Oklahoma
BARACK OBAMA, Illinois PETE V. DOMENICI, New Mexico
CLAIRE McCASKILL, Missouri JOHN WARNER, Virginia
JON TESTER, Montana JOHN E. SUNUNU, New Hampshire
Michael L. Alexander, Staff Director
Kevin J. Landy, Chief Counsel
Troy H. Cribb, Counsel
Nora K. Adkins, GAO Detailee
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
Richard A. Beutel, Minority Senior Counsel
Eric B. Cho, Minority GSA Detailee
Trina Driessnack Tyrer, Chief Clerk
Calendar No. 768
110th Congress Report
SENATE
2d Session 110-344
========================================================================
LOCAL PREPAREDNESS ACQUISITION ACT
_______
June 5, 2008.--Ordered to be printed
_______
Mr. Lieberman, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany H.R. 3179]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (H.R. 3179) to amend
title 40, United States Code, to authorize the use of Federal
supply schedules for the acquisition of law enforcement,
security, and certain other related items by State and local
governments, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
CONTENTS
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................2
IV. Section-by-Section Analysis......................................3
V. Evaluation of Regulatory Impact..................................3
VI. Congressional Budget Office Cost Estimate........................3
VII. Changes in Existing Law Made by the Bill, as Reported............4
I. Purpose and Summary
H.R. 3179 would allow State and local governments to
purchase homeland security and public safety equipment and
services from the Schedules Program of the General Services
Administration (GSA). This procurement authority will help
State and local governments reduce the administrative costs of
negotiating their own contracts by authorizing them to use the
pre-negotiated contracts of GSA.
II. Background and Need for the Legislation
The GSA Schedules Program is also known as the Federal
Supply Schedule (FSS) or Multiple Award Schedules (MAS)
Program. Under the FSS/MAS Program, federal agencies are able
to purchase goods and services under contracts that are pre-
negotiated by GSA. These contracts cover more than 11 million
commercial goods and services and are listed in broad
categories known as schedules.
Under current law, State and local governments are
authorized by Congress to purchase goods and services off the
GSA schedules, in limited circumstances, under special
procurement authority. Section 211 of the E-Government Act of
2002 (Pub. L. 107-347) authorized State and local governments
to purchase information technology equipment from GSA
schedules. Congress again granted similar purchasing authority
in section 833 of the National Defense Authorization Act for
Fiscal Year 2007 by authorizing State and local governments to
use the GSA schedules for purchases related to recovery from
disasters, acts of terrorism, or nuclear, biological, chemical
or radiological attack. (Pub. L. 109-364). H.R. 3179 authorizes
State and local purchasing under GSA Schedule 84, which covers
products and services related to law enforcement and security.
Schedule 84 includes items such as fire alarm systems, door
entry control devices, intrusion detection sensors, bomb
detection equipment, perimeter security and video surveillance
systems. The Committee believes that these authorities have
helped State and local governments streamline their acquisition
procedures and save money. Use of the GSA schedules allows
State and local governments to reduce time and resources spent
on negotiating and awarding contracts for needed goods and
services and gives them access to the pre-negotiated prices on
the FSS/MAS Schedules. The Committee believes that it is
appropriate to extend such purchasing authority to help State
and local governments meet growing homeland security and public
safety needs.
The Committee also believes that enactment of H.R. 3179
will expand opportunities for small businesses under Schedule
84. According to GSA officials, over 85 percent of the vendors
listed on Schedule 84 are small businesses. The Committee
expects GSA to offer training to small businesses who seek to
participate in the new purchasing program.
Participation in the purchasing program is voluntary for
State and local governments, as well as vendors, and requires
no federal appropriations. H.R. 3179 does not mandate use of
GSA contracts, but rather allows State and local governments,
should they find it is in their best interest and should
vendors choose to participate in the program, to use these
contracts under their own procurement rules and procedures.
III. Legislative History
H.R. 3179 was introduced by Representative Edolphus Towns
on July 25, 2007 and was referred to the Committee on Oversight
and Government Reform. The Committee on Oversight and
Government Reform held a markup to consider H.R. 3179 on
November 8, 2007 and ordered the bill to be reported favorably
by voice vote. The House passed H.R. 3179 by voice vote on
December 17, 2007.
On January 22, 2008, H.R. 3179 was referred to the Senate
Committee on Homeland Security and Governmental Affairs. On
April 10, 2008, the Committee considered H.R. 3179 and ordered
the bill reported favorably without amendment. Senators present
were Lieberman, Levin, Akaka, Carper, Landrieu, McCaskill,
Tester, Collins, Voinovich and Sununu.
IV. Section-by-Section Analysis
Section 1. Short title
The short title of the bill is the Local Preparedness
Acquisition Act.
Section 2. Authorization for acquisition of law enforcement, security,
and certain other related items by state and local governments
through Federal Supply Schedules
This section amends 40 U.S.C. 502(c) to allow State and
local governments to purchase security- and law enforcement-
related goods and services off GSA Schedule 84 (or any amended
or subsequent version of that Federal supply classification
group).
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill. The
Congressional Budget Office states that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandate Reform Act and would benefit state, local, and
tribal governments. Any costs those entities incur would be
incurred voluntarily. The enactment of this legislation will
not have significant regulatory impact.
VI. Congressional Budget Office Cost Estimate
April 14, 2008.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3179, the Local
Preparedness Acquisition Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 3179--Local Preparedness Acquisition Act
H.R. 3179 would allow state, local, and tribal governments
to purchase additional goods and services at discount prices
through federal supply schedules. Under current law, those
governments may purchase a variety of information technologies
through the federal supply schedules. This legislation would
expand the purchasing program to include specified supplies and
services for law enforcement, fire fighting, and other security
activities.
Under H.R. 3179, any purchases of such supplies and
services would be an exchange between state, local, and tribal
governments and commercial suppliers. However, the General
Services Administration (GSA) charges a 0.75 percent fee on all
sales to recover the procurement and administrative costs of
operating the supply schedule program. Based on information
from GSA regarding the current cooperative program with state,
local, and tribal governments for information technology
services and the anticipated demand under the expanded program,
CBO estimates that increasing the number of purchases would
increase offsetting collections by about $2 million a year.
Because such fees are spent by GSA without further
appropriation, the net budgetary impact of the legislation
would be negligible.
H.R. 3179 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would benefit state, local, and tribal governments. Any costs
those entities incur would be incurred voluntarily.
On November 19, 2007, CBO provided a cost estimate for H.R.
3179, as ordered reported by the House Committee on Oversight
and Government Reform on November 8, 2007. The two pieces of
legislation are identical, as are their estimated costs.
The CBO staff contacts for this estimate are Matthew
Pickford (for federal costs), and Elizabeth Cove (for the state
and local impact). This estimate was approved by Theresa Gullo,
Deputy Assistant Director for Budget Analysis.
VII. Changes to Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
H.R. 3179 as reported are shown as follows (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
UNITED STATES CODE
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
* * * * * * *
CHAPTER 5--PROPERTY MANAGEMENT
* * * * * * *
Sec. 502 Services for other entities
(a) * * *
* * * * * * *
(c) Use of Certain Supply Schedules.--
(1) In general.--The Administrator may provide for
the use by State or local governments of Federal supply
schedules of the General Services Administration [ for
automated ] for the following:
(A) Automated data processing equipment
(including firmware), software, supplies,
support equipment, and services (as contained
in Federal supply classification code group
70).
(B) Alarm and signal systems, facility
management systems, firefighting and rescue
equipment, law enforcement and security
equipment, marine craft and related equipment,
special purpose clothing, and related services
(as contained in Federal supply classification
code group 84 or any amended or subsequent
version of that Federal supply classification
group).
* * * * * * *
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