40 U.S.C. § 321 — Acquisition Services Fund

Page 28 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS [§ 312 In subsections (a) and (b), the words ‘‘and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’ are added to provide an accurate literal translation of the words ‘‘this Act’’, meaning the Federal Property and Administrative Services Act of 1949. See the revision note under sec- tion 111 of this title. Reference to title V of this Act is omitted as obsolete because of the Act of October 22, 1968 (Public Law 90–620, 82 Stat. 1238), the first section of which enacted Title 44, United States Code. The re- sponsibilities of the Administrator of General Services under title V were given to the Archivist of the United States, National Historical Publications and Records Commission, and Advisory Committee on the Records of Congress. In subsection (a), the words ‘‘subject to chapters 33 and 51 and subchapter III of chapter 53 of title 5’’ are substituted for ‘‘subject to the civil-service and classi- fication laws’’ because of section 7(b) of the Act of Sep- tember 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. In subsection (b), the words ‘‘under section 3109 of title 5’’ are substituted for ‘‘(not in excess of one year)’’ and ‘‘or organizations thereof, including stenographic reporting services, by contract or appointment, and in such cases such service shall be without regard to the civil-service and classification laws, and except in the case of stenographic reporting services by organiza- tions, without regard to section 5 of title 41’’ for clarity and to eliminate unnecessary words. In subsection (c), the words ‘‘section 973 of title 10’’ are substituted for ‘‘section 1222 of the Revised Stat- utes (10 U. S. C. 576)’’ in section 208(c) of the Federal Property and Administrative Services Act of 1949 be- cause of section 49(b) of the Act of August 10, 1956 (ch. 1041, 70A Stat. 640), the first section of which enacted Title 10, United States Code, and section 4(a)(5) and (6) of the Act of January 2, 1968 (Public Law 90–235, 81 Stat. 759). The words ‘‘personnel (including armed services personnel) from an executive agency other than the General Services Administration’’ are substituted for ‘‘officials, officers, and other personnel in other execu- tive agencies, including personnel of the armed serv- ices’’ for clarity and to eliminate unnecessary words. In subsection (d), the words ‘‘On and after June 23, 1913’’ are omitted as obsolete. The word ‘‘Adminis- trator’’ is substituted for ‘‘Secretary of the Treasury’’ [subsequently changed to ‘‘Federal Works Adminis- trator’’ because of section 301 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426)], and the word ‘‘Administration’’ [meaning the General Services Administration] is substituted for ‘‘public-buildings service’’ and ‘‘Office of the Supervising Architect’’ [subsequently changed to ‘‘Public Buildings Adminis- tration’’ because of section 1 of Executive Order No. 6166 (eff. June 10, 1933) and section 303 of Reorganiza- tion Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1427)], because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the re- vised title. The words ‘‘such as supervising super- intendents, superintendents, junior superintendents, and inspectors of the several classes’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 2011—Subsecs. (a), (b). Pub. L. 111–350 substituted ‘‘di- vision C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ for ‘‘title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’. [§ 312. Repealed. Pub. L. 111–8, div. D, title V, § 518(c)(1), Mar. 11, 2009, 123 Stat. 665] Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1073, related to transfer and use of amounts for major equip- ment acquisitions. § 313. Tests of materials (a) SCOPE.—This section applies to any article or commodity tendered by a producer or vendor for sale or lease to the General Services Admin- istration or to any procurement authority act- ing under the direction and control of the Ad- ministrator of General Services pursuant to this subtitle. (b) AUTHORITY TO CONDUCT TESTS.—The Ad- ministrator, in the Administrator’s discretion and with the consent of the producer or vendor, may have tests conducted, in a manner the Ad- ministrator specifies, to— (1) determine whether an article or com- modity conforms to prescribed specifications and standards; or (2) aid in the development of specifications and standards. (c) FEES.— (1) IN GENERAL.—The Administrator shall charge the producer or vendor a fee for the tests. (2) AMOUNT OF FEE IF TESTS PREDOMINANTLY SERVE INTEREST OF PRODUCER OR VENDOR.—If the Administrator determines that conducting the tests predominantly serves the interest of the producer or vendor, the Administrator shall fix the fee in an amount that will recover the costs of conducting the tests, including all components of the costs, determined in ac- cordance with accepted accounting principles. (3) AMOUNT OF FEE IF TESTS DO NOT PREDOMI- NANTLY SERVE INTEREST OF PRODUCER OR VEN- DOR.—If the Administrator determines that conducting the tests does not predominantly serve the interest of the producer or vendor, the Administrator shall fix the fee in an amount the Administrator determines is rea- sonable for furnishing the testing service. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1073.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 313(a) ......... 40:756(g) (1st sen- tence words be- fore 1st comma). June 30, 1949, ch. 288, title I, § 109(g) (1st–3d sentences), as added Sept. 5, 1950, ch. 849, § 3(b), 64 Stat. 579; Pub. L. 86–591, July 5, 1960, 74 Stat. 330. 313(b) ......... 40:756(g) (1st sen- tence words after 1st comma). 313(c) ......... 40:756(g) (2d, 3d sen- tences). In subsection (b), the word ‘‘contemplated’’ is omit- ted as unnecessary. SUBCHAPTER III—FUNDS § 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 cred- ited with all reimbursements, advances, and refunds or recoveries relating to personal property or services procured through the Fund, including— Page 29 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 321 (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 Admin- istrator. (3) COST AND CAPITAL REQUIREMENTS.—The Administrator shall determine the cost and capital requirements of the Fund for each fis- cal 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 agen- cies in the proper discharge of their respon- sibilities— (i) personal property (including the pur- chase from or through the Director of the Government Publishing Office, for ware- house issue, of standard forms, blankbook work, standard specifications, and other printed material in common use by federal agencies and not available through the Su- perintendent of Documents); (ii) nonpersonal services; and (iii) personal services related to the pro- vision of information technology (as de- fined 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 em- ployed directly in the repair, rehabilitation, and conversion of personal property; and (C) paying other direct costs of, and indi- rect costs that are reasonably related to, contracting, procurement, inspection, stor- age, management, distribution, and account- ability of property and nonpersonal services provided by the General Services Adminis- tration or by special order through the Ad- ministration. (2) OTHER USES.—The Fund may be used for the procurement of personal property and non- personal services authorized to be acquired by— (A) mixed-ownership Government corpora- tions; (B) the municipal government of the Dis- trict of Columbia; or (C) a requisitioning non-federal agency when the function of a federal agency au- thorized 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 Ad- ministrator fixes under this subsection. (2) PRICES FIXED BY ADMINISTRATOR.—The Administrator shall fix prices at levels suffi- cient to recover— (A) so far as practicable— (i) the purchase price; (ii) the transportation cost; (iii) inventory losses; (iv) the cost of personal services em- ployed directly in the repair, rehabilita- tion, and conversion of personal property; (v) the cost of personal services em- ployed 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 ex- ecutive agencies; and (B) properly allocable costs payable by the Fund under subsection (c)(1)(C). (3) TIMING OF PAYMENTS.— (A) PAYMENT IN ADVANCE.—A requisi- tioning 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 requisi- tioning 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 ac- cordance with accounting procedures ap- proved by the Comptroller General. (C) FAILURE TO MAKE PROMPT REIMBURSE- MENT.—The Administrator may obtain reim- bursement 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 Adminis- trator; 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 reim- bursement 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 Ser- geant 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 inven- tory of personal property to meet the needs of Federal agencies, the replacement cost of motor vehicles, and other anticipated operating needs Page 30 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 321 1 See Delayed Effective Date of Amendment note below. 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 provi- sions of chapter 35 of title 31 and report the re- sults of the audits. (h) 1 REQUIREMENT FOR ANNUAL REPORT TO CON- GRESS.—Not later than September 30 of each year, the Administrator shall submit to the Committee on Oversight and Accountability of the House of Representatives and the Com- mittee on Homeland Security and Governmental Affairs of the Senate a report that includes, at a minimum, a list of each program within the Technology Transformation Services funded by expenditures during the previous fiscal year, or that have been funded by expenditures in the previous 5-year period, including the following: (1) An explanation of the program. (2) Information about how the program is funded, including the amount of expenditures the program received in the previous fiscal year and total amount. (3) The amount of reimbursements associ- ated with or anticipated to be associated with the program from another source of funds or another agency, if applicable. (4) A description of projects or initiatives as- sociated with the program, including— (A) information about when the projects or initiatives were initiated and completed; and (B) funding information, to the extent practicable. (5) Any additional information, data, or analysis used to determine the information es- timated within the report, if applicable. (i) 1 DEFINITIONS.—In this section: (1) ADMINISTRATOR.—The term ‘‘Adminis- trator’’ means the Administrator of General Services. (2) EXPENDITURE.—The term ‘‘expenditure’’ means any obligation of funds from the Acqui- sition Services Fund for programs referenced in subsection (h). (Pub. L. 107–217, Aug. 21, 2002, 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; Pub. L. 118–182, § 2(b), Dec. 23, 2024, 138 Stat. 2624.) DELAYED EFFECTIVE DATE OF AMENDMENT Amendment by section 2(b) of Pub. L. 118–182 adding subsecs. (h) and (i) of this section effec- tive on the commencement of the first fiscal year after Dec. 23, 2024. See 2024 Amendment note below. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 321(a) ......... 40:756(a) (1st sen- tence). 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 sen- tence). 321(b)(2) ..... 40:756(c). 321(b)(3) ..... 40:756(g) (last sen- tence). 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 sen- tence). 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, title I, (pro- viso 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 gen- eral 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 Feb- ruary 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 re- quirements of subsections (a) to (e) of this section’’ are omitted as unnecessary. In subsection (d)(1), the words ‘‘For property or serv- ices procured through the Fund for requisitioning agen- cies’’ 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 AMENDMENTS 2024—Subsecs. (h), (i). Pub. L. 118–182 added subsecs. (h) and (i). 2006—Pub. L. 109–313, § 3(h)(2), substituted ‘‘Acquisi- tion Services Fund’’ for ‘‘General Supply Fund’’ in sec- tion catchline. Subsecs. (a), (b). Pub. L. 109–313, § 3(d), amended sub- secs. (a) and (b) generally. Prior to amendment, sub- secs. (a) and (b) related to the existence and composi- tion, respectively, of the General Supply Fund. Subsec. (c)(1)(A)(iii). Pub. L. 109–313, § 3(e), added cl. (iii). Page 31 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 323 1 So in original. Probably should be ‘‘Federal Citizen Services Fund’’. 2 So in original. See 2009 Amendment notes below. 3 See Delayed Effective Date of Amendment note below. 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 Sep- tember 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 re- tain 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’’ sub- stituted 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 2024 AMENDMENT Pub. L. 118–182, § 2(c), Dec. 23, 2024, 138 Stat. 2624, pro- vided that: ‘‘The amendment made by this Act [amend- ing this section and section 323 of this title] shall take effect on the commencement of the first fiscal year after the date of the enactment of this Act [Dec. 23, 2024].’’ 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 Orga- nization 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 IN- FORMATION TECHNOLOGY FUND.—The General Supply Fund and the Information Technology Fund in the Treasury are hereby abolished. ‘‘(b) TRANSFERS.—Capital assets and balances remain- ing 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 Ac- quisition Services Fund and shall be merged with and be available for the purposes of the Acquisition Serv- ices 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 exist- ence immediately before this section takes effect shall be assumed by the Acquisition Services Fund.’’ [§ 322. Repealed. Pub. L. 109–313, § 3(h)(1), Oct. 6, 2006, 120 Stat. 1736] Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1076, related to an Information Technology Fund in the Treasury. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as an Effective Date of 2006 Amendment note under section 5316 of Title 5, Govern- ment Organization and Employees. § 323. Consumer Information Center Fund 1 (a) EXISTENCE.—There is in the Treasury a Federal Citizen Services Fund, General Services Administration, for the purpose of dissemi- nating Federal Government information to the public and for other related purposes. (b) DEPOSITS.—Money shall be deposited into the Fund from— (1) appropriations from the Treasury for Federal Citizen Services activities; (2) user fees from the public; (3) reimbursements from other federal agen- cies for costs of distributing publications; and (4) any other income incident to Center 2 ac- tivities. (c) EXPENDITURES.—Money deposited into the Fund is available for expenditure for Center 2 ac- tivities in amounts specified in appropriation laws. The Fund shall assume all liabilities, obli- gations, and commitments of the Center 2 ac- count. (d) UNOBLIGATED BALANCES.—Any unobligated balances at the end of a fiscal year remain in the Fund and are available for authorization in appropriation laws for subsequent fiscal years. (e) GIFT ACCOUNT.—The Center 2 may accept and deposit to this account gifts for purposes of defraying the costs of printing, publishing, and distributing consumer information and edu- cational materials and undertaking other con- sumer information activities. In addition to amounts appropriated or otherwise made avail- able, the Center 2 may expend the gifts for these purposes and any balance remains available for expenditure. (f) The Administrator may enter into agree- ments with federal agencies to provide services through the Fund on a fully reimbursable basis. (g) 3 REQUIREMENT FOR ANNUAL REPORT TO CON- GRESS.—Not later than September 30 of each year, the Administrator shall submit to the Committee on Oversight and Accountability of the House of Representatives and the Com- mittee on Homeland Security and Governmental Affairs of the Senate a report that includes, at a minimum, a list of each program funded by ex- penditures during the previous fiscal year, or that have been funded by expenditures in the previous 5-year period, including the following: (1) An explanation of the program. (2) Information about how the program is funded, including the amount of expenditures the program received in the previous fiscal year and total amount. (3) The amount of reimbursements associ- ated with or anticipated to be associated with the program from another source of funds or another agency, if applicable. (4) A description of projects or initiatives as- sociated with the program, including— (A) information about when the projects or initiatives were initiated and completed; and (B) funding information, to the extent practicable. (5) Any additional information, data, or analysis used to determine the information es- timated within the report, if applicable.