[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

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.''.

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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

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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

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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

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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.