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

Subtitle C—Amendments to General Contracting Authorities, Procedures, and Limitations

JWNDAA Section

House Conference Report 109-702

(a) Authority To Use Supply Schedules for Certain Goods and Services- Section 502 of title 40, United States Code, is amended by adding at the end the following new subsection:

`(d) Use of Supply Schedules for Certain Goods and Services-

`(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 goods or services that are to be used to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack.

`(2) DETERMINATION BY SECRETARY OF HOMELAND SECURITY- The Secretary of Homeland Security shall determine which goods and services qualify as goods and services described in paragraph (1) before the Administrator provides for the use of the Federal supply schedule relating to such goods and services.

`(3) VOLUNTARY USE- In the case of the use by a State or local government of a Federal supply schedule pursuant to paragraph (1), participation by a firm that sells to the Federal Government through the supply schedule shall be voluntary with respect to a sale to the State or local government through such supply schedule.

`(4) DEFINITIONS- The definitions in subsection (c)(3) shall apply for purposes of this subsection.'.

(b) Procedures- Not later than 30 days after the date of the enactment of this Act, the Administrator of General Services shall establish procedures to implement subsection (d) of section 502 of title 40, United States Code (as added by subsection (a)).

The House bill contained a provision (sec. 823) that would provide the Administrator of General Services with the authority to allow State and local governments to use the General Services Administration Federal supply schedules for goods and services to facilitate recovery from natural disasters, terrorist attacks, or attacks involving nuclear, chemical, biological, or radiological weapons.

The Senate amendment contained no similar provision.

The Senate recedes.

House Armed Services Committee Report 109-452

SECTION 823--USE OF FEDERAL SUPPLY SCHEDULES BY STATE AND LOCAL GOVERNMENTS FOR GOODS AND SERVICES FOR RECOVERY FROM NATURAL DISASTERS, TERRORISM, OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL ATTACK

This section would provide the Administrator of General Services the authority to allow State or local governments to use General Services Administration's (GSA) federal supply schedules for goods and services to facilitate recovery from natural disasters, terrorism or nuclear, biological, chemical, or radiological attack. This section would build on the successful cooperative purchasing program authorized in section 211 of the E-Government Act of 2002 (Public Law 107-347) which opened GSA's schedules for information technology for use by State and local governments.