PUBLIC LAW 109–313—OCT. 6, 2006

GENERAL SERVICES ADMINISTRATION

MODERNIZATION ACT

120 STAT. 1734 PUBLIC LAW 109–313—OCT. 6, 2006

Public Law 109–313

109th Congress

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:

‘‘§ 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.’’.

(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.’’.

General Services

Administration

Modernization

Act.

40 USC 101 note.

Oct. 6, 2006

[H.R. 2066]

PUBLIC LAW 109–313—OCT. 6, 2006 120 STAT. 1735

(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

40 USC 321 note.

22 USC 2669;

44 USC 2107

note.

10 USC 2302

note.

40 USC 303 note.

120 STAT. 1736 PUBLIC LAW 109–313—OCT. 6, 2006

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

PUBLIC LAW 109–313—OCT. 6, 2006 120 STAT. 1737

(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 subsection:

‘‘(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,

‘‘(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.’’.

SEC. 5. 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 the following:

‘‘(ix) a historic light station as defined under section 308(e)(2) of the National Historic Preservation

120 STAT. 1738 PUBLIC LAW 109–313—OCT. 6, 2006

LEGISLATIVE HISTORY—H.R. 2066:

HOUSE REPORTS: No. 109–91 (Comm. on Government Reform).

SENATE REPORTS: No. 109–257 (Comm. on Homeland Security and Governmental

Affairs).

CONGRESSIONAL RECORD:

Vol. 151 (2005): May 23, considered and passed House.

Vol. 152 (2006): Sept. 6, considered and passed Senate, amended.

Sept. 25, House concurred in Senate amendments.

Æ

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.’’.

SEC. 6. 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.

Approved October 6, 2006.

5 USC 5316 note.