
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC756]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
               CHAPTER 16--GENERAL SERVICES ADMINISTRATION
 
Sec. 756. General Supply Fund


(a) Creation and composition of Fund; availability; overhead costs

    There is authorized to be set aside in the Treasury a special fund 
which shall be known as the General Supply Fund. Such fund shall be 
composed of 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 sums as may be appropriated thereto and the value, as 
determined by the Administrator, of inventories of personal property 
from time to time transferred to the Administrator by other executive 
agencies under authority of section 481(a)(2) of this title to the 
extent that payment is not made or credit allowed therefor, 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. The 
General Supply Fund shall be available for use by or under the direction 
and control of the Administrator (1) for procuring personal property 
(including the purchase from or through the Public Printer, for 
warehouse issue, of standard forms, blankbook work, standard 
specifications, and other printed material in common use by Federal 
agencies not available through the Superintendent of Documents) and 
nonpersonal services for the use of Federal agencies in the proper 
discharge of their responsibilities, (2) for paying the purchase price, 
transportation of personal property and services, and the cost of 
personal services employed directly in the repair, rehabilitation, and 
conversion of personal property, and (3) for 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 such 
Administration.

(b) Payments by requisitioning agencies; fixing of prices; advance of 
        funds

    Payment by requisitioning agencies shall be at prices fixed by the 
Administrator. Such prices shall be fixed at levels so as to recover so 
far as practicable the applicable purchase price, the transportation 
cost, inventory losses, the cost of personal services employed directly 
in the repair, rehabilitation, and conversion of personal property, and 
the cost of amortization and repair of equipment utilized for lease or 
rent to executive agencies. Such prices shall also include an additional 
charge to recover properly allocable costs payable by the General Supply 
Fund under subsection (a)(3) of this section with respect to the 
supplies or services concerned. Requisitioning agencies shall pay by 
advance of funds in all cases where it is determined by the 
Administrator that there is insufficient capital otherwise available in 
the General Supply Fund. Advances of funds also may be made by agreement 
between the requisitioning agencies and the Administrator. Where an 
advance of funds is not made, the General Services Administration shall 
be reimbursed promptly out of funds of the requisitioning agency in 
accordance with accounting procedures approved by the Comptroller 
General: Provided, That in any case where payment shall not have been 
made by the requisitioning agency within forty-five days after the date 
of billing by the Administrator or the date on which an actual liability 
for personal property or services is incurred by the Administrator, 
whichever is the later, reimbursement may be obtained by the 
Administrator by the issuance of transfer and counterwarrants, or other 
lawful transfer documents, supported by itemized invoices.

(c) Credits to Fund

    The General Supply Fund shall be credited with all reimbursements, 
advances of funds, and refunds or recoveries relating to personal 
property or services procured through the fund, including the net 
proceeds of disposal of surplus personal property procured through the 
fund and receipts from carriers and others for loss of, or damage to, 
personal property procured through the fund; and the same are 
reappropriated for the purposes of the fund.

(d) Repealed. Pub. L. 87-600, Sec. 1(c), Aug. 24, 1962, 76 Stat. 401

(e) Audit; surplus; report to Congress

    (1) As of September 30 of each year, there shall be covered into the 
United States Treasury as miscellaneous receipts any surplus in the 
General Supply Fund, all assets, liabilities, and prior losses 
considered, above the amounts transferred or appropriated to establish 
and maintain said fund.
    (2) The Comptroller General shall make audits of the General Supply 
Fund in accordance with the provisions of chapter 35 of title 31 and 
make reports on the results thereof.

(f) Additional uses of Fund

    Subject to the requirements of subsections (a) to (e) of this 
section, the General Supply Fund also may be used for the procurement of 
personal property and nonpersonal services authorized to be acquired by 
mixed-ownership Government corporations, or by the municipal government 
of the District of Columbia, or by a requisitioning non-Federal agency 
when the function of a Federal agency authorized to procure for it is 
transferred to the General Services Administration.

(g) Material tests; fees; disposition of fees

    Whenever any producer or vendor shall tender any article or 
commodity for sale or lease to the General Services Administration or to 
any procurement authority acting under the direction and control of the 
Administrator pursuant to this Act, the Administrator is authorized in 
his discretion, with the consent of such producer or vendor, to cause to 
be conducted, in such manner as the Administrator shall specify, such 
tests as he shall prescribe either to determine whether such article or 
commodity conforms to prescribed specifications and standards, or to aid 
in the development of contemplated specifications and standards. When 
the Administrator determines that the making of such tests will serve 
predominantly the interest of such producer or vendor, he shall charge 
such producer or vendor a fee which shall be fixed by the Administrator 
in such amount as will recover the cost of conducting such tests, 
including all components of such costs, determined in accordance with 
accepted accounting principles. When the Administrator determines that 
the making of such tests will not serve predominantly the interest of 
such producer or vendor, he shall charge such producer or vendor such 
fee as he shall determine to be reasonable for the furnishing of such 
testing service. All such fees collected by the Administrator may be 
deposited in the general supply fund to be used for any purpose 
authorized by subsection (a) of this section.

(June 30, 1949, ch. 288, title I, Sec. 109, 63 Stat. 382; Sept. 5, 1950, 
ch. 849, Secs. 1, 2(a), (b), 3, 64 Stat. 578, 579; July 12, 1952, ch. 
703, Sec. 1(c)-(e), 66 Stat. 593; Pub. L. 86-591, July 5, 1960, 74 Stat. 
330; Pub. L. 87-372, Oct. 4, 1961, 75 Stat. 802; Pub. L. 87-600, Aug. 
24, 1962, 76 Stat. 401; Pub. L. 93-604, title VII, Sec. 701, Jan. 2, 
1975, 88 Stat. 1963; Pub. L. 94-273, Sec. 2(19), Apr. 21, 1976, 90 Stat. 
375; Pub. L. 100-202, Sec. 101(m) [title VI, Sec. 619(a), (b)], Dec. 22, 
1987, 101 Stat. 1329-390, 1329-427.)

                       References in Text

    Act of February 27, 1929, referred to in subsec. (a), is act Feb. 
27, 1929, ch. 354, 45 Stat. 1341, as amended, which enacted section 289 
of this title and sections 7a to 7c, and 7d of Title 41, Public 
Contracts. Sections 7a to 7c, and 7d of Title 41 were repealed by act 
June 30, 1949, ch. 288, title VI, Sec. 602(a)(29)-(31), 63 Stat. 401, 
renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. For 
complete classification of this Act to the Code, see Tables.
    This Act, referred to in subsec. (g), is act June 30, 1949, ch. 288, 
63 Stat. 377, as amended, known as the Federal Property and 
Administrative Services Act of 1949. For complete classification of this 
Act to the Code, see Short Title note set out under section 471 of this 
title and Tables.

                          Codification

    In subsec. (e)(2), ``chapter 35 of title 31'' substituted for ``the 
Accounting and Auditing Act of 1950 [31 U.S.C. 65 et seq.]'' on 
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, 
the first section of which enacted Title 31, Money and Finance.
    Section was formerly classified to section 630g of Title 5 prior to 
the general revision and enactment of Title 5, Government Organization 
and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. 
Prior thereto, section was classified to section 219 of Title 41, Public 
Contracts.


                               Amendments

    1987--Subsec. (a). Pub. L. 100-202, Sec. 101(m) [title VI, 
Sec. 619(a)], added cl. (3).
    Subsec. (b). Pub. L. 100-202, Sec. 101(m) [title VI, Sec. 619(b)], 
inserted provision requiring that prices also include an additional 
charge to recover properly allocable costs payable by the General Supply 
Fund.
    1976--Subsec. (e)(1). Pub. L. 94-273 substituted ``September'' for 
``June''.
    1975--Subsec. (e). Pub. L. 93-604 substantially reenacted existing 
provisions and substituted requirement that the audit of the General 
Supply Fund shall be made in accordance with the Accounting and Auditing 
Act of 1950 for requirement that the audit shall be made as of June 30, 
and struck out requirement that the Comptroller General shall report to 
the Congress annually the results of the audit, together with such 
recommendations as he may have regarding the status and operations of 
the fund.
    1962--Subsec. (a). Pub. L. 87-600, Sec. 1(a), (d), substituted 
``transportation of personal property and services'' for 
``transportation to first storage point of supplies and services''.
    Subsec. (b). Pub. L. 87-600, Sec. 1(b), (d), struck out ``to first 
storage point'' after ``the transportation cost'', and requirement that 
until July 1, 1950, prices were to be fixed in accordance with law and 
regulations applicable on July 1, 1949, to prices fixed by the Director 
of the Bureau of Federal Supply, and substituted ``actual liability for 
personal property'' for ``actual liability for supplies''.
    Subsec. (c). Pub. L. 87-600, Sec. 1(d), substituted ``personal 
property'' for ``supplies'' wherever appearing.
    Subsec. (d). Pub. L. 87-600, Sec. 1(c), struck out subsec. (d) which 
authorized the establishment of a special deposit account for use by the 
chief, or any regional, disbursing officer, chargeable with payments 
properly chargeable to the fund.
    Subsec. (f). Pub. L. 87-600, Sec. 1(d), substituted ``personal 
property'' for ``supplies''.
    1961--Subsec. (a). Pub. L. 87-372 struck out $150,000,000 capital 
limitation of General Supply Fund.
    1960--Subsec. (g). Pub. L. 86-591 authorized Administrator to cause 
tests to be conducted to aid in development of contemplated 
specifications and standards.
    1952--Subsec. (a). Act July 12, 1952, Sec. 1(c), (d), inserted ``and 
the value, as determined by the Administrator, of inventories of 
personal property from time to time transferred to the Administrator by 
other executive agencies under authority of section 201(a)(2) to the 
extent that payment is not made or credit allowed therefor'' in second 
sentence after ``thereto'', and increased General Supply Fund capital 
from $75,000,000 to $150,000,000.
    Subsec. (f). Act July 12, 1952, Sec. 1(e), struck out proviso 
relating to prices charged by the Administrator to cover overhead.
    1950--Subsec. (a). Act Sept. 5, 1950, Secs. 1, 2(a), provided for 
purchases from or through the Public Printer, for warehouse issue, of 
standard forms, etc. in common use by Federal agencies which are not 
available through the Superintendent of Documents, and to eliminate the 
surcharge on the general supply fund transactions and to charge 
requisitioning agencies with the purchase price, etc. and cost of 
personal services employed directly in the repair, rehabilitation, and 
conversion of personal property.
    Subsec. (b). Act Sept. 5, 1950, Secs. 2(b), 3(a), fixed the 
applicable standard for pricing general supply fund commodities, and to 
reimburse the General Services Administration, where an advance of funds 
is not made out of funds of the requisitioning agency in accordance with 
accounting procedures approved by the Comptroller General.
    Subsec. (g). Act Sept. 5, 1950, Sec. 3(b), added subsec. (g).


                    Effective Date of 1987 Amendment

    Section 101(m) [title VI, Sec. 619(d)] of Pub. L. 100-202 provided 
that: ``The amendments made by this Act [probably means amendments made 
by section 101(m) [title VI, Sec. 619] of Pub. L. 100-202, amending this 
section] shall take effect not later than April 1, 1988.''


                    Effective Date of 1950 Amendment

    Section 2(c) of act Sept. 5, 1950, provided that: ``The amendments 
made by this section [amending this section] shall be effective on the 
date, not earlier than July 1, 1950, on which the Administrator of 
General Services shall determine that appropriated funds adequate to 
effectuate the purposes of such amendments have been made available.''


                               Definitions

    The definitions in section 472 of this title apply to this chapter.


                  Plan for Implementation of Amendments

    Section 101(m) [title VI, Sec. 619(c)] of Pub. L. 100-202 provided 
that: ``Not later than February 15, 1988, the Administrator of General 
Services shall submit to the appropriate committees of the Congress a 
plan for the implementation of the amendments made by this Act [probably 
means amendments made by section 101(m) [title VI, Sec. 619] of Pub. L. 
100-202, amending this section]. Such plan shall (1) fully describe and 
explain the accounting system (including the pricing and cost allocation 
methodology for supplies and services) to be used for such 
implementation, and (2) contain a schedule for completing actions 
necessary for such implementation.''


               Additional Increases in General Supply Fund

    Provisions increasing the capital of the General Supply Fund were 
contained in the following appropriation acts:
    June 5, 1981, Pub. L. 97-12, title I, 95 Stat. 75--$222,300,000.
    July 25, 1979, Pub. L. 96-38, title I, 93 Stat. 124--$10,000,000.
    May 29, 1967, Pub. L. 90-21, title I, 81 Stat. 33--$45,000,000.
    Dec. 19, 1963, Pub. L. 88-215, title I, 77 Stat. 434--$30,000,000.
    May 17, 1963, Pub. L. 88-25, title I, 77 Stat. 26--$25,000,000.
    Oct. 3, 1962, Pub. L. 87-741, title I, 76 Stat. 725--$13,500,000.
    July 25, 1962, Pub. L. 87-545, title I, 76 Stat. 212--$7,500,000.
    Aug. 17, 1961, Pub. L. 87-141, title I, 75 Stat. 351--$6,000,000.
    Mar. 31, 1961, Pub. L. 87-14, title I, 75 Stat. 25--$20,000,000.
    May 20, 1959, Pub. L. 86-30, title I, 73 Stat. 43--$15,000,000.
    Aug. 28, 1958, Pub. L. 85-844, title I, 72 Stat. 1068--$6,250,000.
    June 29, 1957, Pub. L. 85-69, title I, 71 Stat. 231--$12,500,000.
    July 27, 1956, ch. 748, Ch. VI, 70 Stat. 686--$8,000,000.
    June 27, 1956, ch. 452, title I, 70 Stat. 344--$10,000,000.
    Sept. 27, 1950, ch. 1052, Ch. VIII, 64 Stat. 1056--$30,000,000.
    Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 706--$4,000,000.
    June 30, 1949, ch. 286, title I, 63 Stat. 364--$479,803.93.
    June 14, 1948, ch. 466, title I, 62 Stat. 416--$1,500,000.
    Apr. 1, 1944, ch. 152, title I, 58 Stat. 162--$1,000,000.

                  Section Referred to in Other Sections

    This section is referred to in sections 483, 485, 491, 756b of this 
title; title 42 section 7588.
