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 Tech-
nology Fund with an Acquisition Services Fund,
and for other purposes.
109TH CONGRESS
1ST SESSION
H. R. 2066
AN ACT
To amend title 40, United States Code, to establish a Fed-
eral 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘General Services Ad-
ministration 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 ap-
point a Commissioner of the Federal Acquisition Service,
who shall be the head of the Federal Acquisition Service.
‘‘(b) FUNCTIONS.—Subject to the direction and con-
trol of the Administrator of General Services, the Commis-
sioner of the Federal Acquisition Service shall be respon-
sible 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 ap-
propriate.
‘‘(c) REGIONAL EXECUTIVES.—The Administrator
may appoint up to five Regional Executives in the Federal
Acquisition Service, to carry out such functions within the
Federal Acquisition Service as the Administrator con-
siders 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.—Sec-
tion 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.’’.
(c) REFERENCES.—Any reference in any other Fed-
eral 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 Com-
missioner 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 Treas-
ury are hereby abolished.
(b) TRANSFERS.—Capital assets and balances re-
maining 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 im-
mediately 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 re-
funds or recoveries relating to personal property or
services procured through the Fund, including—
‘‘(A) the net proceeds of disposal of sur-
plus 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 Adminis-
trator.
‘‘(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 fis-
cal year shall be approved by the Administrator. The
Administrator shall establish rates to be charged
agencies provided, or to be provided, supply of per-
sonal 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 de-
fined in section 11101(6) of this title);’’.
(f) PAYMENT FOR PROPERTY AND SERVICES.—Sec-
tion 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 em-
ployed directly in providing information
technology (as defined in section 11101(6)
of this title); and’’.
(g) TRANSFER OF UNCOMMITTED BALANCES.—Sub-
section (f) of section 321 of such title is amended to read
as follows:
‘‘(f) TRANSFER OF UNCOMMITTED BALANCES.—Fol-
lowing 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 sub-
section (b), the uncommitted balance of any funds remain-
ing 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 sec-
tions 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 ap-
pears 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 Sup-
ply Fund’’ and inserting ‘‘Acquisition Services
Fund’’.
(6) Section 605 of such title is amended—
(A) in subsection (a)—
(i) in the heading, by striking ‘‘GEN-
ERAL SUPPLY FUND’’ and inserting ‘‘AC-
QUISITION SERVICES FUND’’; and
(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 insert-
ing ‘‘321(f)’’; and
(ii) by striking ‘‘General Supply
Fund’’ and inserting ‘‘Acquisition Services
Fund’’.
SEC. 4. PROVISIONS RELATING TO ACQUISITION PER-
SONNEL.
Section 37 of the Office of Federal Procurement Pol-
icy Act (41 U.S.C. 433) is amended by adding at the end
the following new subsections:
‘‘(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 Per-
sonnel Management, shall establish policies and pro-
cedures under which the agency head may reemploy
in an acquisition-related position (as described in
subsection (g)(1)(A)) an individual receiving an an-
nuity from the Civil Service Retirement and Dis-
ability Fund, on the basis of such individual’s serv-
ice, 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
AUTHOR-
ITY.—Polices and procedures established pursuant
to this subsection shall authorize the head of the ex-
ecutive agency, on a case-by-case basis, to continue
an annuity if—
‘‘(A) the unusually high or unique quali-
fications of an individual receiving an annuity
from the Civil Service Retirement and Dis-
ability Fund on the basis of such individual’s
service, or
‘‘(B) a special need of the agency for the
services of an employee,
makes the reemployment of an individual essential.
‘‘(4) REPORTING REQUIREMENT.—The Admin-
istrator shall submit annually to the Committee on
Government Reform of the House of Representatives
and the Committee on Homeland Security and Gov-
ernmental 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.
‘‘(j) RETENTION BONUSES.—
‘‘(1) IN GENERAL.—The head of each executive
agency, after consultation with the Administrator,
shall establish policies and procedures under which
the agency head may pay retention bonuses to em-