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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle H—Other Matters

P. L. 116-92

House Conference Report 116-333

SEC. 893. MODIFICATION TO REQUIREMENTS FOR PURCHASE OF COMMERCIAL LEASING SERVICES PURSUANT TO MULTIPLE AWARD CONTRACTS.

(a) Repeal.--Section 877 of the John S. McCain National Defense Authorization Act For Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1907; 41 U.S.C. 3302 note) is repealed.

(b) Exemption for Commercial Leasing Services.--

(1) In general.--Section 3302 of title 41, United States Code, is amended by adding at the end the following new subsection:

``(f) Commercial Leasing Services.--The regulations required by subsection (b) shall not apply to individual purchases for commercial leasing services that are made on a no cost basis and made under a multiple award contract awarded in accordance with the requirements for full and open competition.''.

(2) Termination.--Effective December 31, 2025, subsection (f) of section 3302 of title 41, United States Code, as added by paragraph (1), is repealed.

(c) Audit.--The Comptroller General of the United States shall--

(1) conduct an audit not later than the last day of fiscal year 2021, 2023, and 2025 analyzing the National Broker Contract program of the General Services Administration to determine--

(A) whether brokers selected under the program provide lower lease rental rates than rates negotiated by employees of the General Services Administration; and

(B) the impact of the program on the length of time of lease procurements;

(2) conduct a review of whether the application of section 863 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.4547) resulted in rental cost savings for the Government during the years in which such section was applicable; and

(3) not later than September 30, 2022, and September 30, 2024, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that--

(A) summarizes the results of the most recent audit required under paragraph (1) and the review required by paragraph (2);

(B) includes an assessment of whether the National Broker Contract program provides greater efficiencies and savings than the use of employees of the General Services Administration; and

(C) includes recommendations for improving General Services Administration lease procurements.

Modification to requirements for purchase of commercial leasing services pursuant to multiple award contracts (sec. 893)

The House amendment contained a provision (sec. 899B) that would amend section 877 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 41 U.S.C. 3302 note) to extend the termination date for the exemption for commercial leasing services provision from 2022 to 2025 and change the reporting date of the Comptroller General of the United States audit to every five years.

The Senate bill contained no similar provision.

The Senate recedes with an amendment that would repeal section 877 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 and would amend section 3302 of title 41, United States Code, to add the exemption for commercial leasing services as a new subsection.

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