[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.