H. R. 2066

One Hundred Ninth Congress

of the

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and six 

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.’’. 
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(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 
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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 
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(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 
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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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.