109TH CONGRESS

1ST SESSION H. R. 2066

AN ACT

To amend title 40, United States Code, to establish

and for other purposes.nology Fund with an Acquisition Services Fund,General Supply Fund and the Information Techa Federal Acquisition Service, to replace the

109TH CONGRESS

1ST SESSION H. R. 2066

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘General Services Ad3 ministration Modernization Act’’.

4 SEC. 2. FEDERAL ACQUISITION SERVICE.

5 (a) ESTABLISHMENT.—

6 (1) IN GENERAL.—Section 303 of title 40,

7 United States Code, is amended to read as follows:

8 ‘‘§ 303. Federal Acquisition Service

9 ‘‘(a) ESTABLISHMENT.—There is established in the

10 General Services Administration a Federal Acquisition

11 Service. The Administrator of General Services shall ap12 point a Commissioner of the Federal Acquisition Service,

13 who shall be the head of the Federal Acquisition Service.

14 ‘‘(b) FUNCTIONS.—Subject to the direction and con15 trol of the Administrator of General Services, the Commis16 sioner of the Federal Acquisition Service shall be respon17 sible for carrying out functions related to the uses for

18 which the Acquisition Services Fund is authorized under

19 section 321 of this title, including any functions that were

20 carried out by the entities known as the Federal Supply

21 Service and the Federal Technology Service and such

22 other related functions as the Administrator considers ap23 propriate.

24 ‘‘(c) REGIONAL EXECUTIVES.—The Administrator

25 may appoint up to five Regional Executives in the Federal

26 Acquisition Service, to carry out such functions within the
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1 Federal Acquisition Service as the Administrator con2 siders appropriate.’’.

3 (2) CLERICAL AMENDMENT.—The item relating

4 to section 303 at the beginning of chapter 3 of such

5 title is amended to read as follows:

‘‘303. Federal Acquisition Service.’’.

6 (b) EXECUTIVE SCHEDULE COMPENSATION.—Sec7 tion 5316 of title 5, United States Code, is amended by

8 striking ‘‘Commissioner, Federal Supply Service, General

9 Services Administration.’’ and inserting the following:

10 ‘‘Commissioner, Federal Acquisition Service,

11 General Services Administration.’’.

12 (c) REFERENCES.—Any reference in any other Fed13 eral law, Executive order, rule, regulation, reorganization

14 plan, or delegation of authority, or in any document—

15 (1) to the Federal Supply Service is deemed to

16 refer to the Federal Acquisition Service;

17 (2) to the GSA Federal Technology Service is

18 deemed to refer to the Federal Acquisition Service;

19 (3) to the Commissioner of the Federal Supply

20 Service is deemed to refer to the Commissioner of

21 the Federal Acquisition Service; and

22 (4) to the Commissioner of the GSA Federal

23 Technology Service is deemed to refer to the Com24 missioner of the Federal Acquisition Service.
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1 SEC. 3. ACQUISITION SERVICES FUND.

2 (a) ABOLISHMENT OF GENERAL SUPPLY FUND AND

3 INFORMATION TECHNOLOGY FUND.—The General Supply

4 Fund and the Information Technology Fund in the Treas5 ury are hereby abolished.

6 (b) TRANSFERS.—Capital assets and balances re7 maining in the General Supply Fund and the Information

8 Technology Fund as in existence immediately before this

9 section takes effect shall be transferred to the Acquisition

10 Services Fund and shall be merged with and be available

11 for the purposes of the Acquisition Services Fund under

12 section 321 of title 40, United States Code (as amended

13 by this Act).

14 (c) ASSUMPTION OF OBLIGATIONS.—Any liabilities,

15 commitments, and obligations of the General Supply Fund

16 and the Information Technology Fund as in existence im17 mediately before this section takes effect shall be assumed

18 by the Acquisition Services Fund.

19 (d) EXISTENCE AND COMPOSITION OF ACQUISITION

20 SERVICES FUND.—Subsections (a) and (b) of section 321

21 of title 40, United States Code, are amended to read as

22 follows:

23 ‘‘(a) EXISTENCE.—The Acquisition Services Fund is

24 a special fund in the Treasury.

25 ‘‘(b) COMPOSITION.—
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1 ‘‘(1) IN GENERAL.—The Fund is composed of

2 amounts authorized to be transferred to the Fund or

3 otherwise made available to the Fund.

4 ‘‘(2) OTHER CREDITS.—The Fund shall be

5 credited with all reimbursements, advances, and re6 funds or recoveries relating to personal property or

7 services procured through the Fund, including—

8 ‘‘(A) the net proceeds of disposal of sur9 plus personal property; and

10 ‘‘(B) receipts from carriers and others for

11 loss of, or damage to, personal property; and

12 ‘‘(C) receipts from agencies charged fees

13 pursuant to rates established by the Adminis14 trator.

15 ‘‘(3) COST AND CAPITAL REQUIREMENTS.—The

16 Administrator shall determine the cost and capital

17 requirements of the Fund for each fiscal year and

18 shall develop a plan concerning such requirements in

19 consultation with the Chief Financial Officer of the

20 General Services Administration. Any change to the

21 cost and capital requirements of the Fund for a fis22 cal year shall be approved by the Administrator. The

23 Administrator shall establish rates to be charged

24 agencies provided, or to be provided, supply of per-
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1 sonal property and non-personal services through the

2 Fund, in accordance with the plan.

3 ‘‘(4) DEPOSIT OFFEES.—Fees collected by the

4 Administrator under section 313 of this title may be

5 deposited in the Fund to be used for the purposes

6 of the Fund.’’.

7 (e) USES OF FUND.—Section 321(c) of such title is

8 amended in paragraph (1)(A)—

9 (1) by striking ‘‘and’’ at the end of clause (i);

10 (2) by inserting ‘‘and’’ after the semicolon at

11 the end of clause (ii); and

12 (3) by inserting after clause (ii) the following

13 new clause:

14 ‘‘(iii) personal services related to the

15 provision of information technology (as de16 fined in section 11101(6) of this title);’’.

17 (f) PAYMENT FOR PROPERTY AND SERVICES.—Sec18 tion 321(d)(2)(A) of such title is amended—

19 (1) by striking ‘‘and’’ at the end of clause (iv);

20 (2) by redesignating clause (v) as clause (vi);

21 and

22 (3) by inserting after clause (iv) the following

23 new clause:

24 ‘‘(v) the cost of personal services em25 ployed directly in providing information
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1 technology (as defined in section 11101(6)

2 of this title); and’’.

3 (g) TRANSFER OF UNCOMMITTED BALANCES.—Sub4 section (f) of section 321 of such title is amended to read

5 as follows:

6 ‘‘(f) TRANSFER OF UNCOMMITTED BALANCES.—Fol7 lowing the close of each fiscal year, after making provision

8 for a sufficient level of inventory of personal property to

9 meet the needs of Federal agencies, the replacement cost

10 of motor vehicles, and other anticipated operating needs

11 reflected in the cost and capital plan developed under sub12 section (b), the uncommitted balance of any funds remain13 ing in the Fund shall be transferred to the general fund

14 of the Treasury as miscellaneous receipts.’’.

15 (h) CONFORMING AND CLERICAL AMENDMENTS.—

16 (1) Section 322 of such title is repealed.

17 (2) The heading for section 321 of such title is

18 amended to read as follows:

19 ‘‘§ 321. Acquisition Services Fund’’.

20 (3) The table of sections for chapter 3 of such

21 title is amended by striking the items relating to sec22 tions 321 and 322 and inserting the following:

‘‘321. Acquisition Services Fund.’’.

23 (4) Section 573 of such title is amended by

24 striking ‘‘General Supply Fund’’ both places it ap25 pears and inserting ‘‘Acquisition Services Fund’’.
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1 (5) Section 604(b) of such title is amended—

2 (A) in the heading, by striking ‘‘GENERAL

3 SUPPLY FUND’’ and inserting ‘‘ACQUISITION

4 SERVICES FUND’’; and

5 (B) in the text, by striking ‘‘General Sup6 ply Fund’’ and inserting ‘‘Acquisition Services

7 Fund’’.

8 (6) Section 605 of such title is amended—

9 (A) in subsection (a)—

10 (i) in the heading, by striking ‘‘GEN11 ERAL SUPPLY FUND’’ and inserting ‘‘AC12 QUISITION SERVICES FUND’’; and

13 (ii) in the text, by striking ‘‘General

14 Supply Fund’’ and inserting ‘‘Acquisition

15 Services Fund’’; and

16 (B) in subsection (b)(2)—

17 (i) by striking ‘‘321(f)(1)’’ and insert18 ing ‘‘321(f)’’; and

19 (ii) by striking ‘‘General Supply

20 Fund’’ and inserting ‘‘Acquisition Services

21 Fund’’.
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1 SEC. 4. PROVISIONS RELATING TO ACQUISITION PER2 SONNEL.

3 Section 37 of the Office of Federal Procurement Pol4 icy Act (41 U.S.C. 433) is amended by adding at the end

5 the following new subsections:

6 ‘‘(i) PROVISIONS RELATING TO REEMPLOYMENT.—

7 ‘‘(1) POLICIES AND PROCEDURES.—The head

8 of each executive agency, after consultation with the

9 Administrator and the Director of the Office of Per10 sonnel Management, shall establish policies and pro11 cedures under which the agency head may reemploy

12 in an acquisition-related position (as described in

13 subsection (g)(1)(A)) an individual receiving an an14 nuity from the Civil Service Retirement and Dis15 ability Fund, on the basis of such individual’s serv16 ice, without discontinuing such annuity. The head of

17 each executive agency shall keep the Administrator

18 informed of the agency’s use of this authority.

19 ‘‘(2) SERVICE NOT SUBJECT TO CSRS OR

20 FERS.—An individual so reemployed shall not be

21 considered an employee for the purposes of chapter

22 83 or 84 of title 5, United States Code.

23 ‘‘(3) CRITERIA FOR EXERCISE OF AUTHOR24 ITY.—Polices and procedures established pursuant

25 to this subsection shall authorize the head of the ex-
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1 ecutive agency, on a case-by-case basis, to continue

2 an annuity if—

3 ‘‘(A) the unusually high or unique quali4 fications of an individual receiving an annuity

5 from the Civil Service Retirement and Dis6 ability Fund on the basis of such individual’s

7 service, or

8 ‘‘(B) a special need of the agency for the

9 services of an employee,

10 makes the reemployment of an individual essential.

11 ‘‘(4) REPORTING REQUIREMENT.—The Admin12 istrator shall submit annually to the Committee on

13 Government Reform of the House of Representatives

14 and the Committee on Homeland Security and Gov15 ernmental Affairs of the Senate a report on the use

16 of the authority under this subsection, including the

17 number of employees reemployed under authority of

18 this subsection.

19 ‘‘(5) SUNSET PROVISION.—The authority under

20 this subsection shall expire on December 31, 2011.

21 ‘‘(j) RETENTION BONUSES.—

22 ‘‘(1) IN GENERAL.—The head of each executive

23 agency, after consultation with the Administrator,

24 shall establish policies and procedures under which

25 the agency head may pay retention bonuses to em-
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1 ployees holding acquisition-related positions (as de2 scribed in subsection (g)(1)(A)) within such agency,

3 except that the authority to pay a bonus under this

4 subsection shall be available only if—

5 ‘‘(A) the unusually high or unique quali6 fications of an employee or a special need of the

7 agency for the services of an employee makes

8 the retention of such employee essential; and

9 ‘‘(B) the agency determines that, in the

10 absence of such a bonus, it is likely that the

11 employee would leave—

12 ‘‘(i) the Federal service; or

13 ‘‘(ii) for a different position in the

14 Federal service under conditions described

15 in regulations of the Office.

16 ‘‘(2) SERVICE AGREEMENTS.—(A) Payment of

17 a bonus under this subsection shall be contingent

18 upon the employee entering into a written agreement

19 with the agency to complete a period of service with

20 the agency in return for the bonus.

21 ‘‘(B)(i) The agreement shall include—

22 ‘‘(I) the length of the period of service re23 quired;

24 ‘‘(II) the bonus amount;
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1 ‘‘(III) the manner in which the bonus will

2 be paid (as described in paragraph (3)(B)); and

3 ‘‘(IV) any other terms and conditions of

4 the bonus, including the terms and conditions

5 governing the termination of an agreement.

6 ‘‘(3) TERMS AND CONDITIONS.—A bonus under

7 this subsection—

8 ‘‘(A) may not exceed 50 percent of the

9 basic pay of the employee;

10 ‘‘(B) may be paid to an employee—

11 ‘‘(i) in installments after completion

12 of specified periods of service;

13 ‘‘(ii) in a single lump sum at the end

14 of the period of service required by the

15 agreement; or

16 ‘‘(iii) in any other manner mutually

17 agreed to by the agency and the employee;

18 ‘‘(C) is not part of the basic pay of the em19 ployee; and

20 ‘‘(D) may not be paid to an employee who

21 holds a position—

22 ‘‘(i) appointment to which is by the

23 President, by and with the advice and con24 sent of the Senate;
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1 ‘‘(ii) in the Senior Executive Service

2 as a noncareer appointee (as such term is

3 defined under section 3132(a) of title 5,

4 United States Code); or

5 ‘‘(iii) which has been excepted from

6 the competitive service by reason of its

7 confidential, policy-determining, policy8 making, or policy-advocating character.’’.

9 SEC. 5. EFFECTIVE DATE.

10 This Act and the amendments made by this Act shall

11 take effect 60 days after the date of the enactment of this

12 Act.

Passed the House of Representatives May 23, 2005.

Attest:

Clerk.