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

submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 1,181 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Acquisition Services Fund, a special Treasury fund the GSA Administrator uses to buy property and services for federal agencies, which then pay the fund back. It sets how the fund is stocked and priced, how agencies pay, and what happens to leftover money. It also requires yearly audits and an annual report to Congress on programs the fund pays for.

(a) Existence. The Acquisition Services Fund is a special fund kept in the Treasury.

(b) Composition. The Fund holds money transferred to it or otherwise made available to it. It is also credited with reimbursements, advances, refunds, and recoveries tied to property or services bought through it — including proceeds from selling surplus property, payments from carriers for lost or damaged property, and fees charged to agencies. Each year, the Administrator sets the Fund's cost and capital needs, working with GSA's Chief Financial Officer, and sets the rates agencies pay for supplies and services through the Fund based on that plan. Fees collected under section 313 can also be deposited into the Fund.

(c) Uses. The Administrator can use the Fund to buy property and services for federal agencies — including personal property, standard printed forms bought through the Government Publishing Office, nonpersonal services, and personal services tied to information technology — and to pay for transportation, repair, rehabilitation, and related direct and indirect costs of running this system. The Fund can also be used to buy property and services for certain mixed-ownership government corporations, the D.C. municipal government, or another agency that has had its buying authority transferred to GSA.

(d) Payment for Property and Services. Agencies that get property or services through the Fund pay prices the Administrator sets. Those prices must be high enough to recover, as much as practical, the purchase price, transportation costs, inventory losses, the cost of repair and IT-related personal services, and equipment lease costs, plus other allocable costs. An agency must pay in advance if the Administrator decides the Fund does not have enough capital otherwise, or if the agency and Administrator agree to that. Otherwise, GSA must be reimbursed promptly under procedures the Comptroller General approves. If an agency does not pay within 45 days of being billed (or of GSA's liability arising, whichever is later), the Administrator can force reimbursement through transfer documents backed by itemized invoices.

(e) Reimbursement for Equipment Purchased for Congress. The Administrator can accept payments from the Senate or House for equipment the Fund bought for them, spread out over the equipment's useful life, worked out with the relevant chamber's administrative officer.

(f) Transfer of Uncommitted Balances. After each fiscal year, once enough money is set aside for inventory needs, vehicle replacement costs, and other planned operating needs, any leftover Fund balance goes to the Treasury's general fund as miscellaneous receipts.

(g) Audits. The Comptroller General must audit the Fund under chapter 35 of title 31 and report the results.

(h) Requirement for Annual Report to Congress. By September 30 each year, the Administrator must send two House and Senate committees a report listing every Technology Transformation Services program funded in the past fiscal year or the past five years, including: an explanation of the program; how it is funded and how much it received; any expected reimbursements from other sources; details on its projects, including when they started and finished and their funding; and any other relevant data.

(i) Definitions. "Administrator" means the Administrator of General Services. "Expenditure" means any use of Acquisition Services Fund money for the programs covered by subsection (h).

the actual law source: uscode.house.gov ↗public domain
(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.

(h)1Requirement 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)1Definitions.—

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).

Source credit: (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.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-217 · 116 Stat. 1074
  • 2006Amended · Pub. L. 109-313 · 120 Stat. 1735, 1736
  • 2014Amended · Pub. L. 113-235 · 128 Stat. 2537
  • 2024Amended · Pub. L. 118-182 · 138 Stat. 2624

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.

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