40 U.S.C. § 321
Section 321 · Acquisition Services Fund
Current version, with additions and removals from the August 21, 2002 version.
(b) Composition.—
(b) Composition.—
(1) In general.—The Fund is composed of amounts appropriated to the Fund and the value, as determined by the Administrator of General Services, of personal property transferred from executive agencies to the Administrator under section 501(d) of this title to the extent that payment is not made or credit allowed for the property.
(2) Other credits.—
(1) In general.—The Fund is composed of amounts authorized to be transferred to the Fund or otherwise made available to the Fund.
(B) Reappropriation.—Amounts credited under this paragraph are reappropriated for the purposes of the Fund.
(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.
(c) Uses.—
(c) Uses.—
(1) In general.—The Fund is available for use by or under the direction and control of the Administrator for—
(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—
(A) procuring, for the use of federal agencies in the proper discharge of their responsibilities—
(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
(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.
(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—
(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;
(A) mixed-ownership Government corporations;
(B) the municipal government of the District of Columbia; or
(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.
(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.—
(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.
(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—
(2) Prices fixed by administrator.—The Administrator shall fix prices at levels sufficient to recover—
(A) so far as practicable—
(A) so far as practicable—
(i) the purchase price;
(i) the purchase price;
(ii) the transportation cost;
(ii) the transportation cost;
(iii) inventory losses;
(iii) inventory losses;
(v) the cost of personal services employed directly in providing information technology (as defined in section 11101(6) of this title); and
(B) properly allocable costs payable by the Fund under subsection (c)(1)(C).
(B) properly allocable costs payable by the Fund under subsection (c)(1)(C).
(3) Timing of payments.—
(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.
(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.
(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—
(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
(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.
(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.
(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) Treatment of Surplus.—
(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.
(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.
(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.
(h) 1 Requirement for Annual Report to Congress.—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 Committee 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 associated 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 associated 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 estimated within the report, if applicable.
(i) 1 Definitions.—In this section:
(1) Administrator.—The term "Administrator" means the Administrator of General Services.
(2) Expenditure.—The term "expenditure" means any obligation of funds from the Acquisition Services Fund for programs referenced in subsection (h).