
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC757]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
               CHAPTER 16--GENERAL SERVICES ADMINISTRATION
 
Sec. 757. Information Technology Fund


(a) Establishment; content; costs and capital requirements

    (1) There is established on the books of the Treasury and \1\ 
Information Technology Fund (hereinafter referred to as the ``Fund''), 
which shall be available without fiscal year limitation. There are 
authorized to be appropriated to the Fund such sums as may be required. 
For purposes of subsection (b) of this section, the Fund shall consist 
of--
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``an''.
---------------------------------------------------------------------------
        (A) the capital and assets of the Federal telecommunications 
    fund established under this section (as in effect on December 31, 
    1986), which are in such fund on January 1, 1987;
        (B) the capital and assets which are in the automatic data 
    processing fund established under section 759 \2\ of this title (as 
    in effect on December 31, 1986) which are in such fund on January 1, 
    1987; and
---------------------------------------------------------------------------
    \2\ See References in Text note below.
---------------------------------------------------------------------------
        (C) the supplies and equipment transferred to the Administrator 
    under sections 759 \2\ and 486(f) of this title, subject to any 
    liabilities assumed with respect to such supplies and equipment.

    (2) The Administrator shall determine the cost and capital 
requirements of the Fund for each fiscal year and shall submit plans 
concerning such requirements and such other information as may be 
requested for the review and approval of the Director of the Office of 
Management and Budget. Any change to the cost and capital requirements 
of the Fund for a fiscal year shall be made in the same manner as 
provided by this section for the initial fiscal year determination. If 
approved by the Director, the Administrator shall establish rates to be 
charged agencies provided, or to be provided, information technology 
resources through the Fund consistent with such approvals. Such cost and 
capital requirements may include funds--
        (A) needed for the purchase (if the Administrator has determined 
    that purchase is the least costly alternative \3\ of information 
    processing and transmission equipment, software, systems, and 
    operating facilities necessary for the provision of such services;
---------------------------------------------------------------------------
    \3\ So in original. Probably should be followed by a closing 
parenthesis.
---------------------------------------------------------------------------
        (B) resulting from operations of the Fund, including the net 
    proceeds of disposal of excess or surplus personal property and 
    receipts from carriers and others for loss or damage to property; 
    and
        (C) which are appropriated, authorized to be transferred, or 
    otherwise made available to the Fund.

These plans fulfill the requirements of sections 1512 and 1513 of title 
31.

(b) Function and availability of Fund

    The Fund shall--
        (1) assume all of the liabilities, obligations, and commitments 
    of the funds described in subparagraphs (A) and (B) of subsection 
    (a)(1) of this section; and
        (2) be available for expenses, including personal services and 
    other costs, and for procurement (by lease, purchase, transfer, or 
    otherwise) for efficiently providing information technology 
    resources to Federal agencies and for the efficient management, 
    coordination, operation, and utilization of such resources.

(c) Contract authority

    (1) In the operation of the Fund, the Administrator is authorized to 
enter into multiyear contracts for the provision of information 
technology hardware, software, or services for periods not in excess of 
five years, if--
        (A) funds are available and adequate for payment of the costs of 
    such contract for the first fiscal year and any costs of 
    cancellation or termination;
        (B) such contract is awarded on a fully competitive basis; and
        (C) the Administrator determines that--
            (i) the need for the information technology hardware, 
        software, or services being provided will continue over the 
        period of the contract;
            (ii) the use of the multiyear contract will yield 
        substantial cost savings when compared with other methods of 
        providing the necessary resources; and
            (iii) such a method of contracting will not exclude small 
        business participation.

    (2) Any cancellation costs incurred with respect to a contract 
entered into under this subsection shall be paid from currently 
available funds in the Fund.
    (3) This subsection shall not be construed to limit the authority of 
the Administrator to procure equipment and services under section 481 of 
this title.

(d) Transfer of uncommitted balances

    Following the close of each fiscal year, the uncommitted balance of 
any funds remaining in the Fund, after making provision for anticipated 
operating needs as determined by the Office of Management and Budget, 
shall be transferred to the general fund of the Treasury as 
miscellaneous receipts.

(e) Annual report

    A report on the operation of the Fund shall be made annually by the 
Administrator to the Director of the Office of Management and Budget. 
Such report shall identify any proposed increases to the capital of the 
Fund and shall include a report on information processing equipment 
inventory, utilization, and acquisition.

(f) Information technology resources

    For purposes of this section, the term ``information technology 
resources'' includes any service or equipment which had been acquired or 
provided under this section or section 759 \4\ of this title, including 
other information processing and transmission equipment, software, 
systems, operating facilities, supplies, and services related thereto, 
and maintenance and repair thereof.
---------------------------------------------------------------------------
    \4\ See References in Text note below.
---------------------------------------------------------------------------

(June 30, 1949, ch. 288, title I, Sec. 110, as added Pub. L. 87-847, 
Oct. 23, 1962, 76 Stat. 1117; amended Pub. L. 99-500, Sec. 101(m) [title 
VIII, Sec. 821(a)(1)], Oct. 18, 1986, 100 Stat. 1783-308, 1783-340, and 
Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 821(a)(1)], Oct. 30, 1986, 
100 Stat. 3341-308, 3341-340; Pub. L. 101-136, title IV, Sec. 25, Nov. 
3, 1989, 103 Stat. 808.)

                       References in Text

    Section 759 of this title, referred to in subsecs. (a)(1)(B), (C) 
and (f), was repealed by Pub. L. 104-106, div. E, title LI, Sec. 5101, 
Feb. 10, 1996, 110 Stat. 680.

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
    Section was formerly classified to section 630g-1 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.


                               Amendments

    1989--Subsec. (a)(2). Pub. L. 101-136 inserted at end ``These plans 
fulfill the requirements of sections 1512 and 1513 of title 31.''
    1986--Pub. L. 99-500 and Pub. L. 99-591 amended section generally, 
substituting provisions relating to the Information Technology Fund for 
former provisions relating to the Federal telecommunications fund.


                    Effective Date of 1986 Amendment

    Section 101(m) [title VIII, Sec. 833] of Pub. L. 99-500 and Pub. L. 
99-591 provided that: ``This title and the amendments made by this title 
[amending this section, sections 751 and 759 of this title, and sections 
3501 to 3507, 3511, 3514, and 3520 of Title 44, Public Printing and 
Documents, enacting provisions set out as notes under sections 101 and 
3503 of Title 44, amending provisions set out as a note under section 
3503 of Title 44, and repealing provisions set out as a note under 
section 759 of this title] shall take effect on the date of enactment of 
this Act [Oct. 18, 1986], except as provided in section 813(b) [set out 
as a note under section 3503 of Title 44] and except that the provisions 
of section 821 and the amendments made by such section [amending this 
section and section 759 of this title, section 3504 of Title 44, and 
provisions set out as a note under section 3503 of Title 44] shall take 
effect on January 1, 1987.''


                               Definitions

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

                  Section Referred to in Other Sections

    This section is referred to in title 44 section 3504.
