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[109th Congress Public Law 313]
[From the U.S. Government Printing Office]

[DOCID: f:publ313.109]

[[Page 1733]]

            GENERAL SERVICES ADMINISTRATION MODERNIZATION ACT

[[Page 120 STAT. 1734]]

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. <<NOTE: Oct. 6, 2006 -  [H.R. 2066]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: General Services 
Administration Modernization Act. 40 USC 101 note.>> 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 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.''.

[[Page 120 STAT. 1735]]

    (c) <<NOTE: 40 USC 303 note.>> References.--Any reference in any 
other Federal law, Executive order, rule, regulation, reorganization 
plan, or delegation of authority, or in any document--
            (1) <<NOTE: 22 USC 2669; 44 USC 2107 note. 10 USC 
        2302 note.>> 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) <<NOTE: 40 USC 321 note.>> 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

[[Page 120 STAT. 1736]]

        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

[[Page 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

[[Page 120 STAT. 1738]]

                      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. <<NOTE: 5 USC 5316 note.>> 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.

LEGISLATIVE HISTORY--H.R. 2066:
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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.

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