[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2066 Enrolled Bill (ENR)]
H.R.2066
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To amend title 40, United States Code, to establish a Federal
Acquisition Service, to replace the General Supply Fund and the
Information Technology Fund with an Acquisition Services Fund, 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 ``General Services Administration
Modernization Act''.
SEC. 2. FEDERAL ACQUISITION SERVICE.
(a) Establishment.--
(1) In general.--Section 303 of title 40, United States Code,
is amended to read as follows:
``Sec. 303. Federal Acquisition Service
``(a) Establishment.--There is established in the General Services
Administration a Federal Acquisition Service. The Administrator of
General Services shall appoint a Commissioner of the Federal
Acquisition Service, who shall be the head of the Federal Acquisition
Service.
``(b) Functions.--Subject to the direction and control of the
Administrator of General Services, the Commissioner of the Federal
Acquisition Service shall be responsible for carrying out functions
related to the uses for which the Acquisition Services Fund is
authorized under section 321 of this title, including any functions
that were carried out by the entities known as the Federal Supply
Service and the Federal Technology Service and such other related
functions as the Administrator considers appropriate.
``(c) Regional Executives.--The Administrator may appoint Regional
Executives in the Federal Acquisition Service, to carry out such
functions within the Federal Acquisition Service as the Administrator
considers appropriate.''.
(2) Clerical amendment.--The item relating to section 303 at
the beginning of chapter 3 of such title is amended to read as
follows:
``303. Federal Acquisition Service.''.
(b) Executive Schedule Compensation.--Section 5316 of title 5,
United States Code, is amended by striking ``Commissioner, Federal
Supply Service, General Services Administration.'' and inserting the
following:
``Commissioner, Federal Acquisition Service, General Services
Administration.''.
(c) References.--Any reference in any other Federal law, Executive
order, rule, regulation, reorganization plan, or delegation of
authority, or in any document--
(1) to the Federal Supply Service is deemed to refer to the
Federal Acquisition Service;
(2) to the GSA Federal Technology Service is deemed to refer to
the Federal Acquisition Service;
(3) to the Commissioner of the Federal Supply Service is deemed
to refer to the Commissioner of the Federal Acquisition Service;
and
(4) to the Commissioner of the GSA Federal Technology Service
is deemed to refer to the Commissioner of the Federal Acquisition
Service.
SEC. 3. ACQUISITION SERVICES FUND.
(a) Abolishment of General Supply Fund and Information Technology
Fund.--The General Supply Fund and the Information Technology Fund in
the Treasury are hereby abolished.
(b) Transfers.--Capital assets and balances remaining in the
General Supply Fund and the Information Technology Fund as in existence
immediately before this section takes effect shall be transferred to
the Acquisition Services Fund and shall be merged with and be available
for the purposes of the Acquisition Services Fund under section 321 of
title 40, United States Code (as amended by this Act).
(c) Assumption of Obligations.--Any liabilities, commitments, and
obligations of the General Supply Fund and the Information Technology
Fund as in existence immediately before this section takes effect shall
be assumed by the Acquisition Services Fund.
(d) Existence and Composition of Acquisition Services Fund.--
Subsections (a) and (b) of section 321 of title 40, United States Code,
are amended to read as follows:
``(a) Existence.--The Acquisition Services Fund is a special fund
in the Treasury.
``(b) Composition.--
``(1) In general.--The Fund is composed of amounts authorized
to be transferred to the Fund or otherwise made available to the
Fund.
``(2) Other credits.--The Fund shall be credited with all
reimbursements, advances, and refunds or recoveries relating to
personal property or services procured through the Fund,
including--
``(A) the net proceeds of disposal of surplus personal
property; and
``(B) receipts from carriers and others for loss of, or
damage to, personal property; and
``(C) receipts from agencies charged fees pursuant to rates
established by the Administrator.
``(3) Cost and capital requirements.--The Administrator shall
determine the cost and capital requirements of the Fund for each
fiscal year and shall develop a plan concerning such requirements
in consultation with the Chief Financial Officer of the General
Services Administration. Any change to the cost and capital
requirements of the Fund for a fiscal year shall be approved by the
Administrator. The Administrator shall establish rates to be
charged agencies provided, or to be provided, supply of personal
property and non-personal services through the Fund, in accordance
with the plan.
``(4) Deposit of fees.--Fees collected by the Administrator
under section 313 of this title may be deposited in the Fund to be
used for the purposes of the Fund.''.
(e) Uses of Fund.--Section 321(c) of such title is amended in
paragraph (1)(A)--
(1) by striking ``and'' at the end of clause (i);
(2) by inserting ``and'' after the semicolon at the end of
clause (ii); and
(3) by inserting after clause (ii) the following new clause:
``(iii) personal services related to the provision of
information technology (as defined in section 11101(6) of
this title);''.
(f) Payment for Property and Services.--Section 321(d)(2)(A) of
such title is amended--
(1) by striking ``and'' at the end of clause (iv);
(2) by redesignating clause (v) as clause (vi); and
(3) by inserting after clause (iv) the following new clause:
``(v) the cost of personal services employed directly
in providing information technology (as defined in section
11101(6) of this title); and''.
(g) Transfer of Uncommitted Balances.--Subsection (f) of section
321 of such title is amended to read as follows:
``(f) Transfer of Uncommitted Balances.--Following the close of
each fiscal year, after making provision for a sufficient level of
inventory of personal property to meet the needs of Federal agencies,
the replacement cost of motor vehicles, and other anticipated operating
needs reflected in the cost and capital plan developed under subsection
(b), the uncommitted balance of any funds remaining in the Fund shall
be transferred to the general fund of the Treasury as miscellaneous
receipts.''.
(h) Conforming and Clerical Amendments.--
(1) Section 322 of such title is repealed.
(2) The heading for section 321 of such title is amended to
read as follows:
``Sec. 321. Acquisition Services Fund''.
(3) The table of sections for chapter 3 of such title is
amended by striking the items relating to sections 321 and 322 and
inserting the following:
``321. Acquisition Services Fund.''.
(4) Section 573 of such title is amended by striking ``General
Supply Fund'' both places it appears and inserting ``Acquisition
Services Fund''.
(5) Section 604(b) of such title is amended--
(A) in the heading, by striking ``General Supply Fund'' and
inserting ``Acquisition Services Fund''; and
(B) in the text, by striking ``General Supply Fund'' and
inserting ``Acquisition Services Fund''.
(6) Section 605 of such title is amended--
(A) in subsection (a)--
(i) in the heading, by striking ``General Supply Fund''
and inserting ``Acquisition Services Fund''; and
(ii) in the text, by striking ``General Supply Fund''
and inserting ``Acquisition Services Fund''; and
(B) in subsection (b)(2)--
(i) by striking ``321(f)(1)'' and inserting ``321(f)'';
and
(ii) by striking ``General Supply Fund'' and inserting
``Acquisition Services Fund''.
SEC. 4. PROVISIONS RELATING TO ACQUISITION PERSONNEL.
Section 37 of the Office of Federal Procurement Policy Act (41
U.S.C. 433) is amended by adding at the end the following new
subsection:
``(i) Provisions Relating to Reemployment.--
``(1) Policies and procedures.--The head of each executive
agency, after consultation with the Administrator and the Director
of the Office of Personnel Management, shall establish policies and
procedures under which the agency head may reemploy in an
acquisition-related position (as described in subsection (g)(1)(A))
an individual receiving an annuity from the Civil Service
Retirement and Disability Fund, on the basis of such individual's
service, without discontinuing such annuity. The head of each
executive agency shall keep the Administrator informed of the
agency's use of this authority.
``(2) Service not subject to csrs or fers.--An individual so
reemployed shall not be considered an employee for the purposes of
chapter 83 or 84 of title 5, United States Code.
``(3) Criteria for exercise of authority.--Polices and
procedures established pursuant to this subsection shall authorize
the head of the executive agency, on a case-by-case basis, to
continue an annuity if--
``(A) the unusually high or unique qualifications of an
individual receiving an annuity from the Civil Service
Retirement and Disability Fund on the basis of such
individual's service,
``(B) the exceptional difficulty in recruiting or retaining
a qualified employee, or
``(C) a temporary emergency hiring need,
makes the reemployment of an individual essential.
``(4) Reporting requirement.--The Administrator shall submit
annually to the Committee on Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the use of the
authority under this subsection, including the number of employees
reemployed under authority of this subsection.
``(5) Sunset provision.--The authority under this subsection
shall expire on December 31, 2011.''.
SEC. 5. DISPOSAL OF FEDERAL SURPLUS PROPERTY TO HISTORIC LIGHT
STATIONS.
Section 549(c)(3)(B) of title 40, United States Code, is amended--
(1) in clause (vii), by striking ``or'' after the semicolon;
(2) in clause (viii), by striking the period and inserting ``;
or''; and
(3) by adding at the end the following:
``(ix) a historic light station as defined under
section 308(e)(2) of the National Historic Preservation Act
(16 U.S.C. 470w-7(e)(2)), including a historic light
station conveyed under subsection (b) of that section,
notwithstanding the number of hours that the historic light
station is open to the public.''.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 60
days after the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.