General Services Administration Modernization Act
PL 109-313 (H.R.2066), enacted 10/06/2006

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 Serv-
ices Administration a Federal Acquisition Service. The Adminis-
trator 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 Serv-
ices Administration.’’.
General Services
Administration
Modernization
Act.
40 USC 101 note.
Oct. 6, 2006
[H.R. 2066]
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120 STAT. 1735
PUBLIC LAW 109–313—OCT. 6, 2006
(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 Acquisi-
tion 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 Informa-
tion 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, commit-
ments, and obligations of the General Supply Fund and the Informa-
tion 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.
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120 STAT. 1736
PUBLIC LAW 109–313—OCT. 6, 2006
be provided, supply of personal property and non-personal serv-
ices 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 sec-
tion 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 antici-
pated operating needs reflected in the cost and capital plan devel-
oped 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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120 STAT. 1737
PUBLIC LAW 109–313—OCT. 6, 2006
(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 execu-
tive 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 sub-
section.
‘‘(5) SUNSET
PROVISION.—The authority under this sub-
section 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 sec-
tion 308(e)(2) of the National Historic Preservation
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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.
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.
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