[Senate Report 109-257]
[From the U.S. Government Publishing Office]
109th Congress Report
SENATE
2d Session 109-257
_______________________________________________________________________
Calendar No. 449
GENERAL SERVICES ADMINISTRATION MODERNIZATION ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 2066
AMENDING 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
May 25, 2006.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
SUSAN M. COLLINS, Maine, Chairman
TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut
GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan
NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii
TOM COBURN, Oklahoma THOMAS R. CARPER, Delaware
LINCOLN D. CHAFEE, Rhode Island MARK DAYTON, Minnesota
ROBERT F. BENNETT, Utah FRANK LAUTENBERG, New Jersey
PETE V. DOMENICI, New Mexico MARK PRYOR, Arkansas
JOHN W. WARNER, Virginia
Michael D. Bopp, Staff Director and Chief Counsel
Jay Maroney, Counsel
Michael L. Alexander, Minority Staff Director
Troy H. Cribb, Minority Counsel
Trina Driessnack Tyrer, Chief Clerk
Calendar No. 449
109th Congress Report
SENATE
2d Session 109-257
======================================================================
GENERAL SERVICES ADMINISTRATION MODERNIZATION ACT
_______
May 25, 2006.--Ordered to be printed
_______
Ms. Collins, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany H.R. 2066]
The Committee on Homeland Security and Governmental
Affairs, to whom was referred 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.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background.......................................................1
III. Legislative History..............................................4
IV. Section-by-Section Analysis......................................4
V. Estimated Cost of Legislation....................................6
VI. Evaluation of Regulatory Impact..................................7
VII. Changes in Existing Law..........................................7
I. Purpose and Summary
The purpose of H.R. 2066, the General Services
Administration Modernization Act, is to establish a Federal
Acquisition Service and to replace the General Supply Fund and
the Information Technology Fund with an Acquisition Services
Fund.
II. Background
NEED FOR THE LEGISLATION
The U.S. General Services Administration (GSA) annually
spends more than $30 billion dollars for products and services
from the private sector that the agency resells to federal
agencies through two different services--the Federal Technology
Service (FTS) and the Federal Supply Service (FSS). Each
service manages its own funding mechanism. FTS uses the
Information Technology Fund (IT Fund) to assist Federal
agencies in identifying, acquiring, deploying, managing and
using technology solutions, and also provides information
security services to help customer agencies protect their data
and related systems. FTS also provides a full range of end-to-
end telecommunications products and services, including local
and global voice, data, and video services. The FSS uses the
General Supply Fund (GS Fund) to purchase commercial goods and
services. While this construct made sense when information
technology was in its infancy, the business case for separate
systems to handle IT goods and services no longer exists.
Instead, the separate funds have now become a barrier to
coordinated acquisition management services and technology
needed to support a total solution.
To address this concern, GSA proposed \1\ that the two
funds combine to form the Acquisition Services Fund. In order
to achieve this unification, legislation was necessary as GSA
does not have this authority. The planned FTS-FSS merger
reflects recent changes in the marketplace, as many GSA
customers require a blended delivery model that integrates
products and services in a means that is transparent and that
allows for end-to-end customer service.
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\1\ General Services Administration, ``GSA FAS Reorganization--
Seven Zones,'' given to Senate Homeland Security and Governmental
Affairs Committee and Senate Appropriations Committee in Washington, DC
on March 23, 2006; Budget of the United States Government, Fiscal Year
2006, p. 333.
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The new Federal Acquisition Service (FAS) is intended to
provide value to the taxpayer by improving the efficiency and
effectiveness of the government's buying power to obtain the
best value in products and services from suppliers at the
lowest total transaction cost. The new FAS will save agency
customers' time and help them to negotiate better terms and
prices, enabling them to focus on their core missions. The new
organization will also increase value to commercial suppliers
of all types and sizes, by creating consistent and innovative
processes to offer their products and services to government
agencies more efficiently.
During the course of the past year the new FAS has met many
of its planning goals. In 2005, GSA established both the FAS
Implementation Planning Steering Committee and Zonal
Implementation Planning Steering Committee, in order to provide
representative groups from the state, local and federal levels
an opportunity to help design and implement the FAS.
On April 5 2006, GSA received approval of its FAS plan from
the Senate Appropriations Subcommittee on Transportation,
Treasury, Housing and Urban Development.\2\ Approval was
necessary because of the inclusion of a paragraph in the
Transportation, Treasury, Housing and Urban Development
Appropriations bill, passed on October 20, 2005, that stated:
``No funds shall be used by the General Services Administration
to reorganize its organizational structure without approval by
the House and Senate Committees on Appropriations through an
operating plan change.'' \3\ The approved plan was then shared
with GSA customers, industry, union representatives and the GSA
workforce. Based on stakeholder feedback, the plan was modified
to provide for the creation of seven zones that consolidate
some of the existing FTS and FSS regions.
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\2\ Senators Bond and Murray, letter to Acting Administrator David
L. Bibb, April 5, 2006; Representative Joseph K. Knollenberg, letter to
Acting Administrator David L. Bill, April 6, 2006.
\3\ P.L. 109-115.
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DEVELOPMENT OF THE LEGISLATION
H.R. 2066 is the product of a hearing and oversight process
that has spanned three Congresses. The provisions in the
current legislation are rooted in the findings of multiple
hearings held by the Subcommittee on Technology and Procurement
Policy, of the House Committee on Government Reform, as well as
in the recommendations of the administration contained in the
President's Fiscal Year 2007 Budget Request \4\ and the
findings of the GSA Inspector General.\5\
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\4\ Appendix, Budget of the United States Government, Fiscal Year
2007, p. 1054.
\5\ Compendium of Audits of the Federal Technology Service Regional
Client Support Centers, GSA Inspector General, December 14, 2004.
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On April 11, 2002, the House Subcommittee on Technology and
Procurement Policy held a hearing titled, ``Making Sense of
Procurement's Alphabet Soup: How Purchasing Agencies Choose
Between FSS and FTS,'' as part of its continued oversight of
the government's procurement and information technology
management activities.\6\ Concerned about the overlapping and
possibly redundant nature of the FSS/FTS structure, the
Subcommittee reviewed the impact of the existing structure on
GSA's customer agencies and the vendor community.
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\6\ Making Sense of Procurement's Alphabet Soup: How Purchasing
Agencies Choose Between FSS and FTS, Subcomm. on Tech. and Procurement
Policy, House Comm. on Gov't Reform, 107th Cong. 107-172 (2002).
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On October 2, 2003, the House Committee on Government
Reform held another hearing on structural issues faced by GSA
titled, ``Entrepreneurial Government Run Amok? A Review of FTS/
FSS Organizational and Management Challenges.'' \7\ This
hearing explored efforts to restructure the organization of FSS
and FTS, the impact of GSA Inspector General investigations of
FTS contract mismanagement, and GSA's plans for a new
government-wide telecommunications program. The hearing built
on the information on GSA structural and management challenges
was developed in the previous Subcommittee hearing and was
supplemented by GAO work performed for the House Government
Reform Committee.\8\
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\7\ Entrepreneurial Government Run Amok? A Review of FTS/FSS
Organizational and Management Challenges, House Comm. on Gov't Reform,
108th Cong. 108-80 (2003).
\8\ Restructuring GSA's Federal Supply Service and Federal
Technology Service, Statement of William T. Woods, Director Acquisition
and Sourcing Management, Testimony before the House Gov't Reform Comm.,
GAO-04-132T, October 2, 2003.
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On March 16, 2005, the House Government Reform Committee
held a hearing on GSA structural issues titled, ``Service
Oriented Streamlining: Rethinking the Way GSA Does Business.''
\9\ The hearing was held to explore removing the artificial
barrier, created by two separate buying organizations operating
out of different funds, to coordinated acquisition of goods,
services and technology. The hearing addressed legislative and
administrative options to consolidate FSS and FTS into a single
entity operating out of a unified fund, in order to provide
federal agencies with a one-stop shop to acquire commercial
goods, services and technology. The final hearing is built on
evidence developed in the prior hearings as well as recent
revelations of contract management challenges in FTS exposed by
GSA Inspector General reports on weaknesses in GSA's management
controls over its regional offices.\10\
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\9\ Service Oriented Streamlining: Rethinking the Way GSA Does
Business, House Gov't Reform Comm., 109th Cong. 109-11 (2005).
\10\ Compendium of Audits of the Federal Technology Service
Regional Client Support Centers, GSA Inspector General, December 14,
2004.
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III. Legislative History
H.R. 2066 was introduced by Representative Tom Davis on May
4, 2005, and is co-sponsored by Representative Duncan Hunter.
On May 5, 2005, the House Government Reform Committee met in
open session and ordered reported favorably the bill, H.R.
2066, as amended, by voice vote. During consideration, an
amendment was offered by Representative Maloney to eliminate
the requirement that the Commissioner of the new Federal
Acquisition Service be a non-career employee. The amendment was
adopted by unanimous consent. On May 23, 2005, H.R. 2066 passed
the House of Representatives by voice vote under suspension of
the rules. The legislation was received in the Senate on May
24, 2005, and was referred to the Senate Committee on Homeland
Security and Governmental Affairs.
On May 2, 2006, the Committee considered H.R. 2066 and
ordered the bill reported favorably by voice vote as amended by
the amendment offered by Chairman Collins and the amendment
offered by Senator Voinovich. Members present were Senators
Collins, Coleman, Chafee, Warner, Lieberman, Akaka, Carper,
Dayton, Lautenberg, and Pryor. The Collins amendment,
cosponsored by Senators Lieberman and Stevens, removed the
requirement from H.R. 2066 that capped the number of Regional
Executives. The Voinovich amendment, cosponsored by Senator
Akaka, strengthened the criteria under which an agency would
re-employ an annuitant in an acquisition related position
without a reduction in annuity and struck the provision in H.R.
2066 allowing agencies, after consultation with the Office of
Federal Procurement Policy Administrator, to pay retention
bonuses to employees holding acquisition-related positions.
Agencies already have been granted similar authority to pay
such bonuses as part of the Federal Workforce Flexibility Act
of 2004.
IV. Section-by-Section Analysis
Section 1--Short title
Provides that the Act be cited as the ``General Services
Administration Modernization Act.''
Section 2--Federal Acquisition Service
Amends 40 U.S.C. Sec. 303 to provide for a new Federal
Acquisition Service to be headed by a high-level Commissioner
appointed by the Administrator of General Services
(Administrator). The Commissioner of the Federal Acquisition
Service would be responsible for heading the new Federal
Acquisition Service which will carry out functions related to
the newly merged Acquisition Services fund created by section 3
of this Act including any functions carried out by the current
Federal Supply and Federal Technology Services.
Provides in statute a broad structural outline for the new
service, which will allow the General Services Administration
to offer to customer agencies goods and services and
information technology together in a single acquisition. The
Federal Acquisition Service will operate out of a merged
Acquisition Services Fund created by section 3 to replace the
General Supply and Information Technology Funds.
Authorizes the Administrator to appoint Regional Executives
for the Federal Acquisition Service. The Regional Executives
would perform such Federal Acquisition Service related
functions that the Administrator considers appropriate. This
section would establish a statutory Executive to facilitate
closer oversight and more management control over acquisition-
related activities that are conducted in GSA's Regional Offices
throughout the country.
Amends 5 U.S.C. Sec. 5316 to rename the Commissioner of the
Federal Supply Service the Commissioner of the Federal
Acquisition Service for purposes of compensation.
Section 3--Acquisition Services Fund
Repeals 40 U.S.C. Sec. 322 that established the General
Services Administration's Information Technology Fund and amend
40 U.S.C. Sec. 321 that established the General Supply Fund to
create a new Acquisition Services Fund consisting of the assets
of the old Information Technology and Supply funds.
This new Acquisition Services Fund would support the
unified activities of the Federal Acquisition Service created
in Section 2 of this Act. The new merged fund would have the
combined attributes of the old Supply and Information
Technology funds.
Provides for various amendments to 40 U.S.C. Sec. 322
establishing the existence and composition of the new fund. It
would provide that the Administrator determine the cost and
capital requirements of the fund each fiscal year and, in
consultation with the Chief Financial Officer, develop a plan
concerning these requirements. The Administrator would
establish rates to be charged to agencies for services provided
through the fund. Among other things, this section would also
provide that, at the close of each fiscal year, after
provisions for a sufficient inventory of personal property to
meet agencies' needs, the replacement cost of motor vehicles,
and other anticipated operating needs reflected in the
Administrator's requirements plan, the uncommitted balance of
any funds remaining in the fund are to be transferred to the
Treasury's general fund as miscellaneous receipts.
Section 4--Provisions relating to acquisition personnel
Amends section 37 of the Office of Federal Procurement
Policy Act (41 U.S.C. Sec. 433) to provide the federal
acquisition community an additional tool aimed at maintaining
the strength and experience of the federal civilian acquisition
workforce. Specifically, the section would require the head of
an executive agency, after consultation with the Administrator
for Federal Procurement Policy and the Director of the Office
of Personnel Management, to establish policies and procedures
under which an individual receiving a Civil Service Annuity who
becomes reemployed in an acquisition-related position could,
under certain conditions, not be subject to a reduction in
their federal annuity. The criteria under which each case would
be considered would include an individual's unique
qualifications, the agency's exceptional difficulty in
recruiting or retaining a qualified employee, or a temporary
hiring need. The authority would be exercised on a case-by-case
basis. The Administrator for the Office of Federal Procurement
Policy would report annually to the Committee on Government
Reform and the Committee on Homeland Security and Governmental
Affairs on the use of such authority. The authority provided
under this section would expire on December 31, 2011.
Section 5--Effective date
Provides that the Act and amendments made by it would take
effect 60 days after enactment.
V. Estimated Cost of Legislation
May 4, 2006.
Hon. Susan M. Collins,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2066, the General
Services Administration Modernization Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
H.R. 2066--General Services Administration Modernization Act
H.R. 2066 would amend federal law to establish a Federal
Acquisition Service by combining the assets and services of the
Federal Supply Service and the Federal Technology Service. The
Federal Supply Service purchases goods and services for the
federal government, and the Federal Technology Service provides
information technology to federal agencies. In addition, the
legislation would authorize re-employment incentives for
certain civilian federal employees.
Because the legislation would restructure the agencies that
procure goods and services for federal agencies and would not
provide any new authorities for federal procurement or civilian
acquisition personnel, CBO estimates that implementing H.R.
2066 would have no significant effect on the budget and would
not affect direct spending or revenues.
H.R. 2066 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On May 19, 2005, CBO provided a cost estimate for H.R. 2066
as ordered reported by the House Committee on Government Reform
on May 5, 2005. The two pieces of legislation are similar, and
our cost estimates are the same.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
VI. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill. CBO states that
there are no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and no costs on
state, local, or tribal governments. The legislation contains
no other regulatory impact.
VII. Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic and existing law, in which no
change is proposed, is shown in roman):
TITLE 40, UNITED STATES CODE: PUBLIC BUILDINGS, PROPERTY, AND WORKS
Subtitle I--Federal Property and Administrative Services
CHAPTER 3--ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
Subchapter I--General
[SEC. 303. FUNCTIONS
[(a) Bureau of Federal Supply.--
[(1) Transfer of functions.--Subject to paragraph
(2), the functions of the Administrator of General
Services include functions related to the Bureau of
Federal Supply in the Department of the Treasury that,
immediately before July 1, 1949, were functions of--
[(A) the Bureau;
[(B) the Director of the Bureau;
[(C) the personnel of the Bureau; or
[(D) the Secretary of the Treasury.
[(2) Functions not transferred.--The functions of the
Administrator of General Services do not include
functions retained in the Department of the Treasury
under section 102(c) of the Federal Property and
Administrative Services Act of 1949 (ch. 288, 63 Stat.
380).
[(b) Federal Works Agency and Commissioner of Public
Buildings.--The functions of the Administrator of General
Services include functions related to the Federal Works Agency
and functions related to the Commissioner of Public Buildings
that, immediately before July 1, 1949, were functions of--
[(1) the Federal Works Agency;
[(2) the Federal Works Administrator; or
[(3) the Commissioner of Public Buildings.]
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
Regional Executives in the Federal Acquisition Service, to
carry out such functions within the Federal Acquisition Service
as the Administrator considers appropriate.
* * * * * * *
Subchapter III--Funds
[SEC. 321. GENERAL SUPPLY FUND
[(a) Existence.--The General Supply Fund is a special fund
in the Treasury.
[(b) Composition.--
[(1) In general.--The Fund is composed of amounts
appropriated to the Fund and the value, as determined
by the Administrator of General Services, of personal
property transferred from executive agencies to the
Administrator under section 501(d) of this title to the
extent that payment is not made or credit allowed for
the property.
[(2) Other credits.--
[(A) In general.--The Fund shall be credited
with all reimbursements, advances, and refunds
or recoveries relating to personal property or
services procured through the Fund, including--
[(i) the net proceeds of disposal of
surplus personal property; and
[(ii) receipts from carriers and
others for loss of, or damage to,
personal property.
[(B) Reappropriation.--Amounts credited under
this paragraph arereappropriated for the
purposes of the Fund.
[(3) 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.]
SEC. 321. ACQUISITION SERVICES FUND
(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.
(c) Uses.--
(1) In general.--The Fund is available for use by or
under the direction and control of the Administrator
for--
(A) procuring, for the use of federal
agencies in the proper discharge of their
responsibilities--
(i) personal property (including the
purchase from or through the Public
Printer, for warehouse issue, of
standard forms, blankbook work,
standard specifications, and other
printed material in common use by
federal agencies and not available
through the Superintendent of
Documents); [and]
(ii) nonpersonal services; and
(iii) personal services related to
the provision of information technology
(as defined in section 11101(6) of this
title);
* * * * * * *
(d) Payment for Property and Services.--
(1) In general.--For property or services procured
through the Fund for requisitioning agencies, the
agencies shall pay prices the Administrator fixes under
this subsection.
(2) Prices fixed by administrator.--The Administrator
shall fix prices at levels sufficient to recover--
(A) so far as practicable--
(i) the purchase price;
(ii) the transportation cost;
(iii) inventory losses;
(iv) the cost of personal services
employed directly in the repair,
rehabilitation, and conversion of
personal property; [and]
(v) the cost of personal services
employed directly in providing
information technology (as defined in
section 11101(6) of this title); and
[(v)] (vi) the cost of amortization
and repair of equipment used for lease
or rent to executive agencies; and
(B) properly allocable costs payable by the
Fund under subsection (c)(1)(C).
* * * * * * *
[(f) Treatment of Surplus.--
[(1) Surplus deposited in treasury.--As of September
30 of each year, any surplus in the Fund above the
amounts transferred or appropriated to establish and
maintain the Fund (all assets, liabilities, and prior
losses considered) shall be deposited in the Treasury
as miscellaneous receipts.
[(2) Surplus retained.--From any surplus generated by
operation of the Fund, the Administrator may retain
amounts necessary to maintain a sufficient level of
inventory of personal property to meet the needs of the
federal agencies.]
(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.
* * * * * * *
[SEC. 322. INFORMATION TECHNOLOGY FUND
[(a) Existence.--There is an Information Technology Fund in
the Treasury.
[(b) Cost and Capital Requirements.--
[(1) In general.--The Administrator of General
Services shall determine the cost and capital
requirements of the Fund for each fiscal year. The cost
and capital requirements may include amounts--
[(A) needed to purchase (if the Administrator
has determined that purchase is the least
costly alternative) information processing and
transmission equipment, software, systems, and
operating facilities necessary to provide
services;
[(B) resulting from operations of the Fund,
including the net proceeds from the disposal of
excess or surplus personal property and
receipts from carriers and others for loss or
damage to property; and
[(C) that are appropriated, authorized to be
transferred, or otherwise made available to the
Fund.
[(2) Submitting plan to office of management and
budget.--The Administrator shall submit plans
concerning the cost and capital requirements determined
under this section, and other information as may be
requested, for review and approval by the Director of
the Office of Management and Budget. Plans submitted
under this section fulfill the requirements of sections
1512 and 1513 of title 31.
[(3) Adjustments.--Any change to the cost and capital
requirements of the Fund for a fiscal year shall be
made in the same manner as the initial fiscal year
determination.
[(c) Use.--
[(1) In general.--The Fund is available for expenses,
including personal services and other costs, and for
procurement (by lease, purchase, transfer, or
otherwise) to efficiently provide information
technology resources to federal agencies and to
efficiently manage, coordinate, operate, and use those
resources.
[(2) Specifically included items.--Information
technology resources provided under this section
include information processing and transmission
equipment, software, systems, operating facilities,
supplies, and related services including maintenance
and repair.
[(3) Cancellation costs.--Any cancellation costs
incurred for a contract entered into under subsection
(e) shall be paid from money currently available in the
Fund.
[(4) No fiscal year limitation.--The Fund is
available without fiscal year limitation.
[(d) Charges to Agencies.--If the Director approves plans
submitted by the Administrator under subsection (b), the
Administrator shall establish rates, consistent with the
approval, to be charged to agencies for information technology
resources provided through the Fund.
[(e) Contract Authority.--
[(1) In general.--In operating the Fund, the
Administrator may enter into multiyear contracts, not
longer than 5 years, to provide information technology
hardware, software, or services if--
[(A) amounts are available and adequate to
pay the costs of the contract for the first
fiscal year and any costs of cancellation or
termination;
[(B) the contract is awarded on a fully
competitive basis; and
[(C) the Administrator determines that--
[(i) the need for the information
technology hardware, software, or
services being provided will continue
over the period of the contract;
[(ii) the use of the multiyear
contract will yield substantial cost
savings when compared with other
methods of providing the necessary
resources; and
[(iii) the method of contracting will
not exclude small business
participation.
[(2) Effect on other law.--This subsection does not
limit the authority of the Administrator to procure
equipment and services under sections 501-505 of this
title.
[(f) Transfer of Uncommitted Balance.--After the close of
each fiscal year, any uncommitted balance remaining in the
Fund, after making provision for anticipated operating needs as
determined by the Office of Management and Budget, shall be
transferred to the Treasury as miscellaneous receipts.
[(g) Annual Report.--The Administrator shall report
annually to the Director on the operation of the Fund. The
report must address the inventory, use, and acquisition of
information processing equipment and identify any proposed
increases to the capital of the Fund.]
* * * * * * *
CHAPTER 5--PROPERTY MANAGEMENT
* * * * * * *
Subchapter IV--Proceeds From Sale or Transfer
* * * * * * *
SEC. 573. PERSONAL PROPERTY
The Administrator of General Services may retain from the
proceeds of sales of personal property the Administrator
conducts amounts necessary to recover, to the extent
practicable,costs the Administrator (or the Administrator's
agent) incurs in conducting the sales. The Administrator shall deposit
amounts retained into the [General Supply Fund] Acquisition Services
Fund established under section 321(a) of this title. From the amounts
deposited, the Administrator may pay direct costs and reasonably
related indirect costs incurred in conducting sales of personal
property. At least once each year, amounts retained that are not needed
to pay the direct and indirect costs shall be transferred from the
[General Supply Fund] Acquisition Services Fund to the general fund or
another appropriate account in the Treasury.
* * * * * * *
Subchapter VI--Motor Vehicle Pools and Transportation Systems
* * * * * * *
SEC. 604. TREATMENT OF ASSETS TAKEN OVER TO ESTABLISH MOTOR VEHICLE
POOLS AND TRANSPORTATION SYSTEMS
(a) * * *
(b) Addition to [General Supply Fund] Acquisition Services
Fund.--If the Administrator takes over motor vehicles or
related equipment or supplies under section 602 of this title
but reimbursement is not required under subsection (a), the
value of the property taken over, as determined by the
Administrator, may be added to the capital of the [General
Supply Fund] Acquisition Services Fund. If the Administrator
subsequently returns property of a similar kind under section
610 of this title, the value of the property may be deducted
from the Fund.
SEC. 605. PAYMENT OF COSTS
(a) Use of [General Supply Fund] Acquisition Services Fund
To Cover Costs.--The [General Supply Fund] Acquisition Services
Fund provided for in section 321 of this title is available for
use by or under the direction and control of the Administrator
of General Services to pay the costs of carrying out section
602 of this title, including the cost of purchasing or renting
motor vehicles and related equipment and supplies.
(b) Setting Prices To Recover Costs.--
(1) * * *
(2) Increment for replacement cost.--In the
Administrator's discretion, prices may include an
increment for the estimated replacement cost of motor
vehicles and related equipment and supplies.
Notwithstanding section [321(f)(1)] 321(f) of this
title, the increment may be retained as a part of the
capital of the [General Supply Fund] Acquisition
Services Fund but is available only to replace motor
vehicles and related equipment and supplies.
* * * * * * *
TITLE 5, UNITED STATES CODE: GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III--EMPLOYEES
Subpart D--Pay and Allowances
CHAPTER 53--PAY RATES AND SYSTEMS
Subchapter II--Executive Schedule Pay Rates
SEC. 5316. POSITIONS AT LEVEL V
Level V of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Administrator, Bonneville Power Administration, Department
of the Interior.
* * * * * * *
[Commissioner, Federal Supply Service, General Services
Administration.]
Commissioner, Federal Acquisition Service, General Services
Administration.
* * * * * * *
TITLE 41, UNITED STATES CODE: PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
SEC. 433. ACQUISITION WORKFORCE
(a) * * *
* * * * * * *
(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.--Policies 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,
(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.