[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2066 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2066

     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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2005

 Mr. Tom Davis of Virginia (for himself and Mr. Hunter) introduced the 
   following bill; which was referred to the Committee on Government 
                                 Reform

_______________________________________________________________________

                                 A BILL


 
     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 non-career employee as 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 administering the 
Acquisition Services Fund under section 321 of this title and carrying 
out functions related to the uses for which such Fund is authorized 
under such section, 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 up to 
five 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 the item relating to the 
Commissioner of the Federal Supply Service of the General Services 
Administration and inserting the following:
            ``Commissioner of the 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;
                    ``(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 
subsections:
    ``(i) Provisions Relating to Reemployment.--If an individual 
receiving an annuity from the Civil Service Retirement and Disability 
Fund on the basis of such individual's service becomes reemployed in an 
acquisition-related position (as described in subsection (g)(1)(A)), 
such annuity shall not be discontinued thereby. An individual so 
reemployed shall not be considered an employee for the purposes of 
chapter 83 or 84 of title 5, United States Code.
    ``(j) Retention Bonuses.--
            ``(1) The head of each executive agency, after consultation 
        with the Administrator, shall establish policies and procedures 
        under which the agency head may pay retention bonuses to 
        employees holding acquisition-related positions (as described 
        in subsection (g)(1)(A)) within such agency, except that the 
        authority to pay a bonus under this subsection shall be 
        available only if--
                    ``(A) the unusually high or unique qualifications 
                of an employee or a special need of the agency for the 
                services of an employee makes the retention of such 
                employee essential; and
                    ``(B) the agency determines that, in the absence of 
                such a bonus, it is likely that the employee would 
                leave--
                            ``(i) the Federal service; or
                            ``(ii) for a different position in the 
                        Federal service under conditions described in 
                        regulations of the Office.
            ``(2)(A) Payment of a bonus under this subsection shall be 
        contingent upon the employee entering into a written agreement 
        with the agency to complete a period of service with the agency 
        in return for the bonus.
            ``(B)(i) The agreement shall include--
                    ``(I) the length of the period of service required;
                    ``(II) the bonus amount;
                    ``(III) the manner in which the bonus will be paid 
                (as described in paragraph (3)(B)); and
                    ``(IV) any other terms and conditions of the bonus, 
                including the terms and conditions governing the 
                termination of an agreement.
            ``(3) A bonus under this subsection--
                    ``(A) may not exceed 50 percent of the basic pay of 
                the employee;
                    ``(B) may be paid to an employee--
                            ``(i) in installments after completion of 
                        specified periods of service;
                            ``(ii) in a single lump sum at the end of 
                        the period of service required by the 
                        agreement; or
                            ``(iii) in any other manner mutually agreed 
                        to by the agency and the employee;
                    ``(C) is not part of the basic pay of the employee; 
                and
                    ``(D) may not be paid to an employee who holds a 
                position--
                            ``(i) appointment to which is by the 
                        President, by and with the advice and consent 
                        of the Senate;
                            ``(ii) in the Senior Executive Service as a 
                        noncareer appointee (as such term is defined 
                        under section 3132(a) of title 5, United States 
                        Code); or
                            ``(iii) which has been excepted from the 
                        competitive service by reason of its 
                        confidential, policy-determining, policy-
                        making, or policy-advocating character.''.

SEC. 5. 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.
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