[Senate Report 110-344]
[From the U.S. Government Publishing Office]





                                                         Calendar No. 768
110th Congress                                                     Report
                                  SENATE
 2d Session                                                       110-344
=========================================================================

                   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




                  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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