[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2066 Referred in Senate (RFS)]
1st Session
H. R. 2066
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 24, 2005
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
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 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 ``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
subsections:
``(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, or
``(B) a special need of the agency for the services
of an employee,
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.
``(j) Retention Bonuses.--
``(1) In general.--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) Service agreements.--(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) Terms and conditions.--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.
Passed the House of Representatives May 23, 2005.
Attest:
JEFF TRANDAHL,
Clerk.