[Congressional Record Volume 151, Number 69 (Monday, May 23, 2005)]
[House]
[Pages H3718-H3720]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GENERAL SERVICES ADMINISTRATION MODERNIZATION ACT
Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and pass
the bill (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.
The Clerk read as follows:
H.R. 2066
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
[[Page H3719]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Florida (Ms. Ros-Lehtinen) and the gentleman from Illinois (Mr. Davis)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Florida (Ms. Ros-Lehtinen).
{time} 1545
general leave
Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 2066.
The SPEAKER pro tempore (Mr. Daniel E. Lungren of California). Is
there objection to the request of the gentlewoman from Florida?
There was no objection.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, as a member of the Committee on Government Reform, I
rise in support of H.R. 2066, the General Services Administration
Modernization Act. This legislation would provide a reorganization of
the General Services Administration, the Federal agency that is charged
with procuring the facilities, products, services, and technology that
Federal agencies and their employees need every day. H.R. 2066 will
ensure that the GSA maximizes its use of taxpayer funds.
This legislation has been under consideration in our Committee on
Government Reform for a number of years, and it has been the subject of
multiple legislative and oversight hearings and was included in the
President's budget proposal for fiscal year 2006. Specifically, H.R.
2066 would combine GSA's current Federal Supply Service and Federal
Technology Service into a single entity, operating out of a united
fund. This would provide Federal agencies with a one-stop shop to
acquire all of their commercial goods and services.
[[Page H3720]]
The separate technology fund was created in the 1980s to assist
agencies as they incorporated complex mainframe computers into their
daily operations. But today information technology is as common in the
Federal workplace as furniture. Having two separate entities within
GSA, one focusing on IT goods and services, one focusing on non-IT
goods and services, is no longer appropriate. So H.R. 2066 would
provide GSA with the statutory structure that it needs to bring it in
line with the current commercial market.
Overall, the reforms provided in H.R. 2066 would help GSA streamline
its operations, improve its performance and efficiency far into the
future. I urge its passage today, Mr. Speaker, and I congratulate the
bill's distinguished authors, the gentleman from Virginia (Mr. Tom
Davis) and the gentleman from California (Mr. Hunter) for working to
create such a thoughtful bill.
Mr. Speaker, I reserve the balance of my time.
Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I am pleased to join with my colleague, the gentlewoman
from Florida (Ms. Ros-Lehtinen), in consideration of H.R. 2066, the
bill before us today.
H.R. 2066, the General Services Modernization Act, as reported by the
Committee on Government Reform, represents the first major
reorganization within the GSA in nearly 20 years. This bill would
combine without substantive change the revolving funds used for the
operations of the Federal Supply Service and the Federal Technology
Service, both currently separate organizations within GSA.
The bill would also authorize a new unit, the Federal Acquisition
Service, headed by a commissioner, to take over the operations of the
combined services.
The Federal Supply Service provides an economic and efficient system
for the procurement and supply of goods and services to Federal
agencies. One way it does this is through the schedules program which
manages long-term government-wide contracts for commercial goods and
services. This provides customer agencies with benefits of volume
discount pricing, lower administrative costs, and reduced inventories.
The Federal Technology Service offers agencies a wide range of
information technology and telecommunication products and services on a
number of contract vehicles. Its focus is oriented toward providing
more full-service solutions for IT, telecommunications and professional
services.
While I would have preferred a more thorough analysis of the benefits
of the consolidation intended by this bill, the proposal would seem to
offer increased organizational efficiency and improved coordination of
the functions the services currently provide. I look forward to
reviewing the detailed reorganization plans that the GSA is preparing.
The bill also contains provisions which would give civilian agencies
additional tools to maintain their acquisition work forces. It would
allow agencies to offer retention bonuses and to reemploy retirees in
certain special circumstances. I would also like to thank the chairman
for working with us to provide appropriate safeguards on the use of
this authority and for accepting a Democratic amendment regarding the
appointment of the new commissioner of the Federal Acquisition Service.
While not directly relevant to this legislation, I would like to take
this opportunity to urge the GSA to consult more closely with Federal
employee unions on its plans for reorganizing. A number of
representatives of Federal employees have contacted the committee with
concerns about the reorganization. Primary among those concerns is the
fact that no one seemed to be talking to them about the plans for
merging the two services. This approach can only breed distrust and
fear, and I urge the administrator to improve communication with the
affected employees.
Mr. Speaker, I reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, I withdraw my motion to suspend the
rules on H.R. 2066.
The SPEAKER pro tempore. The motion is withdrawn.
____________________