40 U.S.C. § 321

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 321 - Acquisition Services Fund

(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 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.

(c) USES.-

(1) IN GENERAL.-The Fund is available for use by or under the direction and control of the Administrator for-

(A) procuring, for the use of federal agencies in the proper discharge of their responsibilities-

(i) personal property (including the purchase from or through the Director of the Government Publishing Office, for warehouse issue, of standard forms, blankbook work, standard specifications, and other printed material in common use by federal agencies and not available through the Superintendent of Documents);

(ii) nonpersonal services; and

(iii) personal services related to the provision of information technology (as defined in section 11101(6) of this title);

(B) paying the purchase price, cost of transportation of personal property and services, and cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property; and

(C) paying other direct costs of, and indirect costs that are reasonably related to, contracting, procurement, inspection, storage, management, distribution, and accountability of property and nonpersonal services provided by the General Services Administration or by special order through the Administration.

(2) OTHER USES.-The Fund may be used for the procurement of personal property and nonpersonal services authorized to be acquired by-

(A) mixed-ownership Government corporations;

(B) the municipal government of the District of Columbia; or

(C) a requisitioning non-federal agency when the function of a federal agency authorized to procure for it is transferred to the Administration.

(d) PAYMENT FOR PROPERTY AND SERVICES.-

(1) IN GENERAL.-For property or services procured through the Fund for requisitioning agencies, the agencies shall pay prices the Administrator fixes under this subsection.

(2) PRICES FIXED BY ADMINISTRATOR.-The Administrator shall fix prices at levels sufficient to recover-

(A) so far as practicable-

(i) the purchase price;

(ii) the transportation cost;

(iii) inventory losses;

(iv) the cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property;

(v) the cost of personal services employed directly in providing information technology (as defined in section 11101(6) of this title); and

(vi) the cost of amortization and repair of equipment used for lease or rent to executive agencies; and

(B) properly allocable costs payable by the Fund under subsection (c)(1)(C).

(3) TIMING OF PAYMENTS.-

(A) PAYMENT IN ADVANCE.-A requisitioning agency shall pay in advance when the Administrator determines that there is insufficient capital otherwise available in the Fund. Payment in advance may also be made under an agreement between a requisitioning agency and the Administrator.

(B) PROMPT REIMBURSEMENT.-If payment is not made in advance, the Administration shall be reimbursed promptly out of amounts of the requisitioning agency in accordance with accounting procedures approved by the Comptroller General.

(C) FAILURE TO MAKE PROMPT REIMBURSEMENT.-The Administrator may obtain reimbursement by the issuance of transfer and counterwarrants, or other lawful transfer documents, supported by itemized invoices, if payment is not made by a requisitioning agency within 45 days after the later of-

(i) the date of billing by the Administrator; or

(ii) the date on which actual liability for personal property or services is incurred by the Administrator.

(e) REIMBURSEMENT FOR EQUIPMENT PURCHASED FOR CONGRESS.-The Administrator may accept periodic reimbursement from the Senate and from the House of Representatives for the cost of any equipment purchased for the Senate or the House of Representatives with money from the Fund. The amount of each periodic reimbursement shall be computed by amortizing the total cost of each item of equipment over the useful life of the equipment, as determined by the Administrator, in consultation with the Sergeant at Arms and Doorkeeper of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate.

(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.

(g) AUDITS.-The Comptroller General shall audit the Fund in accordance with the provisions of chapter 35 of title 31 and report the results of the audits.

40 U.S.C. § 321

Pub. L. 107-217, 116 Stat. 1074; Pub. L. 109-313, §3(d)-(g), (h) (2), Oct. 6, 2006, 120 Stat. 1735, 1736; Pub. L. 113-235, div. H, title I, §1301(d), Dec. 16, 2014, 128 Stat. 2537.

HISTORICAL AND REVISION NOTE
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
321(a)	40:756(a) (1st sentence).	June 30, 1949, ch. 288, title I, §109(a)-(c), (e), (f), 63 Stat. 382; Sept. 5, 1950, ch. 849, §§1, 2(a), (b), 3(a), 64 Stat. 578, 579; July 12, 1952, ch. 703, §1(c)-(e), 66 Stat. 593; Pub. L. 87-372, Oct. 4, 1961, 75 Stat. 802; Pub. L. 87-600, §1(a), (b), (d), Aug. 24, 1962, 76 Stat. 401; Pub. L. 93-604, title VII, §701, Jan. 2, 1975, 88 Stat. 1963; Pub. L. 94-273, §2(19), Apr. 21, 1976, 90 Stat. 375; Pub. L. 100-202, §101(m) [title VI, §619(a), (b)], Dec. 22, 1987, 101 Stat. 1329-427.
321(b)(1)	40:756(a) (2d sentence).
321(b)(2)	40:756(c).
321(b)(3)	40:756(g) (last sentence).	June 30, 1949, ch. 288, title I, §109(g) (last sentence), as added Sept. 5, 1950, ch. 849, §3(b), 64 Stat. 579; Pub. L. 86-591, July 5, 1960, 74 Stat. 330.
321(c)(1)	40:756(a) (last sentence).
321(c)(2)	40:756(f).
321(d)	40:756(b).
321(e)	40:756b.	Pub. L. 99-500, §151, Oct. 18, 1986, 100 Stat. 1783-352; Pub. L. 99-591, §151, Oct. 30, 1986, 100 Stat. 3341-355; Pub. L. 100-202, §101(i) [title I, §4], Dec. 22, 1987, 101 Stat. 1329-294; Pub. L. 104-186, title II, §221(15), Aug. 20, 1996, 110 Stat. 1750.
321(f)(1)	40:756(e)(1).
321(f)(2)	40:756a.	Pub. L. 97-12 (proviso in par. under heading "General Supply Fund"), June 5, 1981, 95 Stat. 75.
321(g)	40:756(e)(2).

In subsection (b)(1), the words "the assets of the general supply fund (including any surplus therein) created by section 3 of the Act of February 27, 1929 (45 Stat. 1342; 41 U.S.C. 7c ), and transferred to the Administrator by section 752 of this title" and "the fund shall assume all of the liabilities, obligations, and commitments of the general supply fund created by such Act of February 27, 1929" are omitted as executed and obsolete.In subsection (b)(2)(B), the words "Amounts credited under this paragraph" are substituted for "and the same" for clarity.In subsection (c)(2), the words "Subject to the requirements of subsections (a) to (e) of this section" are omitted as unnecessary.In subsection (d)(1), the words "For property or services procured through the Fund for requisitioning agencies" are added for clarity.In subsection (d)(2)(B), the words "with respect to the supplies or services concerned" are omitted as included in "properly allocable costs".In subsection (e), the text of 40:756b(b) and the words "Notwithstanding any other provision of law" are omitted as unnecessary.In subsection (f)(2), the words "on and after June 5, 1981" are omitted as obsolete.

EDITORIAL NOTES

AMENDMENTS2006- Pub. L. 109-313, §3(h)(2), substituted "Acquisition Services Fund" for "General Supply Fund" in section catchline.Subsecs. (a), (b). Pub. L. 109-313, §3(d), amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (a) and (b) related to the existence and composition, respectively, of the General Supply Fund.Subsec. (c)(1)(A)(iii). Pub. L. 109-313, §3(e), added cl. (iii). Subsec. (d)(2)(A)(v), (vi). Pub. L. 109-313, §3(f), added cl. (v) and redesignated former cl. (v) as (vi).Subsec. (f). Pub. L. 109-313, §3(g), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows:"(1) SURPLUS DEPOSITED IN TREASURY.-As of September 30 of each year, any surplus in the Fund above the amounts transferred or appropriated to establish and maintain the Fund (all assets, liabilities, and prior losses considered) shall be deposited in the Treasury as miscellaneous receipts."(2) SURPLUS RETAINED.-From any surplus generated by operation of the Fund, the Administrator may retain amounts necessary to maintain a sufficient level of inventory of personal property to meet the needs of the federal agencies."

STATUTORY NOTES AND RELATED SUBSIDIARIES

CHANGE OF NAME"Director of the Government Publishing Office" substituted for "Public Printer" in subsec. (c)(1)(A)(i) on authority of section 1301(d) of Pub. L. 113-235 set out as a note under section 301 of Title 44, Public Printing and Documents.

EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109-313 set out as a note under section 5316 of Title 5, Government Organization and Employees.

ACQUISITION SERVICES FUND Pub. L. 109-313, §3(a)-(c), Oct. 6, 2006, 120 Stat. 1735, provided that: "(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 [see Effective Date of 2006 Amendment note above] 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."