Federal Legislation Monitored by SIA

July 30, 2008

GSA Schedules Program

• Bill Title: H.R. 3179, the "Local Preparedness Acquisition Act"
• Sponsor/Status: Rep. Towns (D-NY); H.R. 3179 was signed in to law by President Bush on 6/26/08
• Summary: The Local Preparedness Acquisition Act extends cooperative purchasing to GSA Schedule 84 and empower local governments to purchase electronic physical security equipment including access control, perimeter security, alarm, and fire detection systems through the GSA Schedules Program. 

Anti-Terrorism Liability Protection

• Bill Title: H.R. 599, a bill to streamline the SAFETY Act and anti-terrorism procurement processes
• Sponsor/Status: Rep. James Langevin (D-RI); H.R. 599 was unanimously passed by the House of Representatives on January 23, 2007. The legislation has been referred to the Senate Homeland Security and Governmental Affairs Committee.
• Summary: In 2002, Congress enacted the “Support Anti-Terrorism by Fostering Effective Technologies Act (SAFETY Act). The SAFETY Act provides limited liability protection for sellers of certain anti-terrorism technologies approved by the U.S. Department of Homeland Security (DHS). This legislation sponsored by Rep. Langevin would improve the SAFETY Act designation process by ensuring that a sufficient number of highly-trained DHS are responsible for reviewing and evaluating SAFETY Act applications. The legislation also requires DHS to establish a formal intra-agency coordination process to ensure that federal, state, and local procurement authorities are aware and make use of the SAFETY Act where appropriate.

Contractor Tax Compliance

• Bill Title: H.R. 1870, the "Contractor Tax Enforcement Act"
• Sponsor/Status: Rep. Ed Towns (D-NY); H.R. 1870 was passed by the House Oversight and Government Reform Committee on May 9, 2007 and it has been referred to the House Ways and Means Committee for further action.
• Summary: The Contractor Tax Enforcement Act is intended to bar businesses that are tax delinquent from future federal contracting opportunities. The legislation was introduced partly in response to a General Accountability Office (GAO) report that found thousands of federal contactors owed taxes. The Towns bill would propose for debarment any federal contractor deemed to have a “seriously delinquent tax debt” in excess of $2500.

• Bill Title: H.R.3033, the "Contractors and Federal Spending Accountability Act"
• Sponsor/Status: Rep. Carolyn Maloney (D-NY); H.R. 3033 passed the House on 4/23/08 and was referred to the Senate Committee on Homeland Security and Governmental Affairs.
• Summary: The Contractors and Federal Spending Accountability Act requires GSA to establish a database to monitor the performance and integrity records of federal contractors and grant recipients. The database would provide information about criminal or civil indictments, convictions, fines, penalties, or administrative agreements relating to contractors and grant recipients covering the most recent five-year period. The legislation would also amend the FAR to require potential contractors to certify in writing certain past performance actions including federal or state debarments or suspensions, and civil and criminal actions taken against that contractor.

• Bill Title: H.R. 1023/S.777, legislation to repeal the 3 percent withholding requirement on government payments to vendors.
• Sponsor/Status: Rep. Kendrick Meek (D-Florida), Sen. Larry Craig (R-ID); pending before the House Ways and Means Committee and the Senate Finance Committee
• Summary: In 2006, Congress enacted legislation that requires federal, state, and local government to withhold 3 percent of payments to vendors beginning in 2011. The Meek legislation would repeal this withholding requirement.
  SIA Position: SIA is an active member of the Withholding Relief Tax Coalition that is working to secure the passage of H.R. 1023/S.777. The legislation has 258 cosponsors.

• Bill Title: S. 2394, the "Good Government Contractor Act of 2007"
• Sponsor/Status: Sen. Norm Coleman (R-MN); it has been referred to the Senate Finance Committee
• Summary: S. 2394 would repeal the three percent withholding requirement on government contractors while imposing new provisions intended to prevent tax-delinquent contractors from receiving future contracts.

Small Business Contracting

• Bill Title: H.R. 1873, the "Small Business Fairness in Contracting Act"
• Sponsor/Status: Rep. Bruce Braley (D-IA); H.R. 1873 passed the House of Representatives by a vote of 409-13 on May 10, 2007 and was referred to the Senate Committee on Small Business and Entrepreneurship
• Summary: The Small Business Fairness in Contracting Act would increase from 23 percent to 25 percent the government-wide small business contracting goal, clarify the definition of contract bundling, and establish a new SBA database that will help small businesses market to larger corporations.

• Bill Title: H.R. 3867, the "Small Business Contracting Program Improvements Act"
• Sponsor/Status: House Small Business Committee Chairwoman Nydia Velazquez (D-NY); passed the House on October 30 and was referred to the Senate Committee on Small Business and Entrepreneurship
• Summary: H.R. 3867 is primarily intended to primarily promote service-disabled veteran owned small business contracting opportunities. The bill also would reform the HUBZone contracting program; encourage implementation of the Women’s Federal Procurement Program and modify the 8(a) minority-owned entrepreneurship program.

• Bill Title: S. 2300, the "Small Business Contracting Revitalization Act"
• Sponsor/Status: Senate Small Business Committee Chairman John Kerry (D-MA); it was passed by the Committee on November 7.
• Summary: S. 2300 contains provisions similar to H.R. 2367 and H.R. 1873. It is intended to strengthen oversight of unbundling contracts for small firms, increase enforcement of protections for subcontractors, and expand opportunities for minority, women and service-disabled entrepreneurs.

Contractor Employee Verification

• Bill Title: S. Amendment 148 to H.R. 2
• Sponsor/Status: Sen. Jeff Sessions (R-AL); the amendment was passed by the Senate 94-0 on January 25, 2007 as an amendment to H.R. 2, the minimum wage increase legislation. The Sessions amendment was not enacted into law.
  
• Summary: The Sessions amendment would prohibit companies who employ illegal immigrants from receiving government contracts.

Rail and Public Transit Grant Funding

• Bill Title: H.R. 1, the "Improving America's Security Act of 2007"
• Sponsor/Status: Rep. Bennie Thompson (D-MS); President Bush signed H.R. 1 into law on August 3, 2007
• Summary: H.R. 1 enacted into law the recommendations of the 9/11 Commission. The legislation also establishes two federal grant programs for rail security and public transportation security that will be administered by the Department of Homeland Security. The law authorizes $3.3 billion for federal grants from FY 2008 through FY 2011 to public transportation agencies for security improvements including the acquisition of perimeter protection, access control, fencing, surveillance equipment, and fire suppression equipment. The legislation also creates a similar grant program that authorizes $1.2 billion in grants to railroad carriers, state and local governments, and Amtrak for railroad security improvements.
  SIA position: SIA supports full funding for these programs.

Wastewater Treatment Facilities Security Grant Funding

• Bill Title: S. 1303, the "Wastewater Treatment Works Security Act of 2007"/S. 1968, the "Water Security Act of 2007"
• Sponsor/Status: Sen. Jim Inhofe (R-OK); pending before the Senate Environment and Public Works Committee. S. 1303 was reintroduced on August 2 as S. 1968 and the bill was modified to describe the authorized use of funds more generally.
• Summary: The Water Security Act of 2007 would authorize the Administrator of the Environmental Protection Agency (EPA) to provide grants to states, local governments, or privately owned utilities for security enhancements at wastewater treatment facilities.
  SIA position: SIA has begun discussions with key members of Congress who may have interest in introducing similar legislation in the House of Representatives. This will be an FY2009 legislative priority.

Tax Credits for Security Investments

• Bill Title: S. 544/H.R. 1814, the "Agricultural Business Security Tax Credit Act of 2007
• Sponsor/Status: Sen. Pat Roberts (R-KS), Rep. Ron Lewis (R-KY); President Bush signed this legislation into as part of the 2008 Farm Bill.
  
• Summary: The Agricultural Business Security Tax Credit Act of 2007 would establish a tax credit for agricultural businesses equal to 30 percent of the cost of making security investments related to perimeter security, access control, installation of security lighting and cameras, and computer network security items. 

Alarm Monitoring/Voice over Internet Protocol

• Bill Title: H.R. 2725, the "Alarm Customer VOIP Notification Act of 2007"
• Sponsor/Status: Rep. Elliot Engel (D-NY); H.R. 2725 is pending before the House Energy and Commerce Committee
• Summary: The Alarm Customer VOIP Notification Act of 2007 would require the Federal Communications Commission (FCC) to adopt regulations that inform subscribers of the steps needed to take to ensure the proper functioning of an alarm or security system used in conjunction with VoIP service. The regulations shall prescribe the minimum steps for consumers as follows: arrange with his or her emergency response system provider, if any, to test such system after installation; notify his or her emergency response system provider as soon as the VoIP service is installed; and maintain a 24-hour battery backup for customer premises equipment installed in connection with the VOIP service in order for the signaling of such system to function in the event of a power outage.
  SIA Position: As a member of the Alarm Industry Communication Committee (AICC), SIA supports this legislation

Fire System Grants

• Bill Title: H.R. 642, the "College Fire Prevention Act"
• Sponsor/Status: Rep. Stephanie Tubbs Jones (D-OH); pending before the House Subcommittee on Higher Education
• Summary: The legislation would authorize $100 million annually for a new Department of Education Grant program that could be used by colleges and universities to acquire fire sprinklers or other fire suppression and detection technologies.

• Bill Title: H.R. 1409, the "College Life Safety and Fire Protection Act"
• Sponsor/Status: Rep. Vito Fossella (R-NY); pending before the House Committee on Education and Labor. The College Life Safety and Fire Protection Act passed by the House of Representatives in 2006 but the Senate failed to take further action. H.R. 1409 has been included within H.R. 4137, higher education reauthorization legislation. H.R. 4137 passed the House on February 7, 2008 and was referred to the Senate Committee on Health, Education, Labor, and Pensions.
• Summary: The College Life Safety and Fire Protection Act would authorize $3 million annually for a new Department of Education grant program for colleges and universities to acquire fire alarm detection and prevention systems such as sprinklers, smoke detectors, and extinguishing systems.
  SIA Position: SIA supports the enactment of the language included in H.R. 1409

• Bill Title: H.R. 2882, the "Long-Term Care Life Safety Act of 2007"
• Sponsor/Status: Rep. Michael Arcuri (D-NY); H.R. 2882 is pending before the House Energy and Commerce Committee
• Summary: The Long-Term Care Life Safety Act of 2007 would authorize $40 million annually for a new Department of Health and Human Services grant program for nursing homes, hospice facilities, and assisted living facilities to retrofit such facilities with fire detection and prevention systems including automatic fire sprinkler systems and warning systems for occupants.
  SIA position: The SIA Government Relations Committee has recommended to the Board of Directors that SIA support this bill.

School Safety

• Bill title: H.R. 1097S.677/S.1217, the "School Safety Enhancements Act of 2007"
• Sponsor/Status: Senator Barbara Boxer (D-CA); Rep. Steve Rothman (D-N.J.)
• Summary: The School Safety Enhancements Act of 2007 would amend the Secure Our Schools grant program to clarify that funds maybe used to acquire surveillance equipment for schools. The Save Our Schools grant program was enacted in 2000 and grant monies may currently be used for metal detectors, locks, improving lighting, and school security assessments. The Rothman-Boxer legislation would authorize $50 million annually for the grant program.
  SIA position: SIA supports full funding for this program.

Identity Management

• Bill title: H.R. 1314, the "Photo Identification Security Act"
• Sponsor/Status: Rep. Marsha Blackburn (R-TN)
  
• Summary: The Photo Identification Security Act would require federal agencies and financial institutions to accept only certain forms of identification including a social security card accompanied by a photo identification card.

Research and Technology

• Bill title: H.R. 3916, a bill to promote DHS research and development pertaining to maritime and border security technology
• Sponsor/Status: Rep. Ralph Hall (R-TX); The legislation was referred to House Science and Technology Subcommittee on Technology and Innovation and was amended on 6/4/2008
• Summary: This legislation is intended to strengthen and prioritize DHS planning as it relates to maritime and border security technological research. The legislation would also reauthorize the DHS Science and Technology Advisory Committee.

Closed Circuit Television

• Bill Title: S. 1644, the FY 2008 Homeland Security Appropriations Bill
• Sponsor/Status: Sen. Robert Byrd (D-WV); S. 1644 was passed by the Senate on July 26. This legislation and a competing version passed by the House of Representatives failed to be reconciled before it was signed by President Bush.
• Summary: Included within the FY 2008 Homeland Security Appropriations Bill recently passed by the Senate is a requirement for the Department of Homeland Security (DHS) to develop a national strategy for the "effective and appropriate" use of closed circuit television (CCTV) to prevent and respond to acts of terrorism. The requirement for a CCTV national strategy, sponsored by Sen. Joe Lieberman (ID-CT), would direct DHS to develop a plan that incorporates the following elements:

• An assessment on how CCTV systems can be used more effectively as part of an overall anti-terrorism program;
• An examination of the advantaged and limitations of closed circuit television;
• Best practices on camera use and data storage;
• An analysis of privacy and civil liberties concerns raised by the use of CCTV; and
• Plans for coordination between federal and state governments and the private sector in the development and use of CCTV and federal assistance for the use of such systems