[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3251 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3251

 To require executive agencies to consider rental in any analysis for 
             equipment acquisition, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2018

  Mr. Peters (for himself, Mr. Lankford, and Mr. Paul) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To require executive agencies to consider rental in any analysis for 
             equipment acquisition, 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. SHORT TITLE.

    This Act may be cited as the ``Federal Acquisition Savings Act of 
2018''.

SEC. 2. AGENCY ANALYSIS OF EQUIPMENT ACQUISITION.

    (a) Agency Analysis of Equipment Acquisition.--
            (1) In general.--Except as provided for under subsection 
        (d), the head of each executive agency shall acquire equipment 
        using the method of acquisition most advantageous to the 
        Federal Government based on a case-by-case analysis of 
        comparative costs and other factors, including those factors 
        listed in section 7.401 of the Federal Acquisition Regulation.
            (2) Methods of acquisition.--The methods of acquisition to 
        be compared in the analysis under paragraph (1) shall include, 
        at a minimum, purchase, short-term rental or lease, long-term 
        rental or lease, interagency acquisition, and acquisition 
        agreements with a State or a local government as described in 
        subsection (c).
            (3) Amendment of federal acquisition regulation.--Not later 
        than 180 days after the date of the enactment of this Act, the 
        Federal Acquisition Regulatory Council shall amend the Federal 
        Acquisition Regulation to implement the requirement of this 
        subsection, including a determination of the factors for 
        executive agencies to consider for purposes of performing the 
        analysis under paragraph (1).
            (4) Rule of construction.--Nothing in this subsection shall 
        be construed to affect the requirements of chapter 37 of title 
        41, United States Code, section 2305 of title 10, United States 
        Code, or section 1535 of title 31, United States Code.
    (b) Date of Implementation.--The analysis in subsection (a) shall 
be applied to contracts for the acquisition of equipment entered into 
on or after the date that the Federal Acquisition Regulation is amended 
pursuant to paragraph (3) of such subsection.
    (c) Acquisition Agreements With States or Local Governments.--
            (1) In general.--Notwithstanding any other provision of 
        law, including chapter 37 of title 41, United States Code, the 
        Small Business Act (15 U.S.C. 631 et seq.), and section 2305 of 
        title 10, United States Code, the head of an executive agency 
        may enter into an acquisition agreement authorized by this 
        section directly with a State or a local government if the 
        agency head determines that the agreement otherwise satisfies 
        the requirements of subsection (a)(1).
            (2) Terms and conditions.--Any agreement under paragraph 
        (1) shall contain such terms and conditions as the head of the 
        agency deems necessary or appropriate to protect the interests 
        of the United States.
    (d) Exceptions.--The analysis otherwise required under subsection 
(a) is not required--
            (1) when the President has issued an emergency declaration 
        or a major disaster declaration pursuant to the Robert T. 
        Stafford Disaster Relief and Energy Assistance Act (42 U.S.C. 
        5121 et seq.);
            (2) in other emergency situations if the agency head makes 
        a determination that obtaining such equipment is necessary in 
        order to protect human life or property; or
            (3) when otherwise authorized by law.
    (e) Study of Agency Analyses.--Not later than 2 years after the 
date of the enactment of this Act, the Comptroller General of the 
United States shall submit to the Committee on Oversight and Government 
Reform of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a comprehensive report 
on the decisions made by the executive agencies with the highest levels 
of acquisition spending, and a sample of executive agencies with lower 
levels of acquisition spending, to acquire high-value equipment by 
lease, rental, or purchase pursuant to subpart 7.4 of the Federal 
Acquisition Regulation.
    (f) Definitions.--In this section:
            (1) Executive agency.--The term ``executive agency'' has 
        the meaning given that term in section 102 of title 40, United 
        States Code.
            (2) Interagency acquisition.--The term ``interagency 
        acquisition'' has the meaning given that term in section 2.101 
        of the Federal Acquisition Regulation.
            (3) State.--The term ``State'' has the meaning given the 
        term in section 6501 of title 31, United States Code.
            (4) Local government.--The term ``local government'' means 
        any unit of local government within a State, including a 
        county, municipality, city, borough, town, township, parish, 
        local public authority, school district, special district, 
        intrastate district, council of governments, or regional or 
        interstate government entity, and any agency or instrumentality 
        of a local government.
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