[Congressional Record Volume 152, Number 108 (Wednesday, September 6, 2006)]
[Senate]
[Pages S9064-S9066]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           GENERAL SERVICES ADMINISTRATION MODERNIZATION ACT

  Mr. STEVENS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 449, H.R. 2066.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                               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:

[[Page S9065]]

     ``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,]
       ``(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.] 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

[[Page S9066]]

       [``(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.

  Mr. STEVENS. Mr. President, I ask unanimous consent that the 
committee-reported amendments be agreed to, the Levin amendment be 
agreed to, the bill as amended be read the third time and passed, the 
motion to reconsider be laid upon the table, and that any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The amendment (No. 4905) was agreed to, as follows:

       At the end of the bill add the following:

     SECTION 6. 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 of 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.''.

  The amendments were ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 2066), as amended, was read the third time and passed; 
as follows:
  (The bill will be printed in a future edition of the Record.)

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