Short title

This Act may be cited as the

General Services Administration Modernization Act

Federal Acquisition Service

(a)

Establishment

(1)

In general

Section 303 of title 40, United States Code, is amended to read as follows:

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.

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:

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.

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.

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.