TRANSFER OF FUNDS SEC. 107. (a) All unexpended balances of appropriations, allocations, or other funds available or to be made available, for the use of the Bureau of Federal Supply, the War Assets Administration, the Federal Works Agency, and the National Archives Establishment, and so much of the other unexpended balances of appropriations, allocations, or other funds of the Department of the Treasury, available or to be made available, as the Director of the Bureau of the Budget shall determine to relate primarily to functions transferred to or vested in the Administrator by the provisions of this Act, shall be transferred to the General Services Administration for use in connection with the functions to which such balances relate, respectively. (b) When other functions are transferred to the General Services Administration from any Federal agency, under section 201 (a) (2) or (3), or otherwise under this Act, there shall be transferred such records, property, personnel, appropriations, allocations, and other funds of such agency to the General Services Administration as the Director of the Bureau of the Budget shall determine to relate primarily to the functions so transferred. ANALYSIS Section 107. Transfer of funds (Sec. 107, 63 Stat. 382; 5 U. S. C. 630e) (a) Transfer of functions of specified agencies.-This subsection transfers to the General Services Administration for activities under the Act the appropriations, allocations, or other funds available to the Department of the Treasury, the War Assets Administration, the Federal Works Agency, and the National Archives Establishment for the functions transferred. (b) Transfer of functions of other agencies.-This subsection provides that in the event that the functions of any other Federal agency are transferred under the Act to the General Services Administration, the corresponding property, records, personnel, and funds of such organization shall be transferred to the General Services Administration. STATUS OF TRANSFERRED EMPLOYEES SEC. 108. Subject to other provisions of this title relating to personnel, employees transferred by the provisions of this title shall be deemed to be employees of the General Services Administration and their reappointment shall not be required by reason of the enactment of this Act. ANALYSIS Section 108. Status of transferred employees (Sec. 108, 63 Stat. 382; 5 U. S. C. 630f) This section provides that, subject to other provisions of this title relating to personnel, employees transferred shall be deemed to be employees of the General Services Administration so as not to require reappointment. GENERAL SUPPLY FUND SEC. 109. (a) There is hereby 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. Č. 7c), and transferred to the Administrator by section 102 of this Act, such 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 201 (a) (2) 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 capital of the General Supply Fund shall be in an amount not greater than $150,000,000. 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, and (2) for paying the purchase price, transportation to first storage point of supplies and services, and the cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property. (b) Payment by requisitioning agencies shall be at prices fixed by the Administrator. Until July 1, 1950, such prices shall be fixed in accordance with law and regulations applicable on the date of enactment of this Act to prices fixed by the Director of the Bureau of Federal Supply. On and after such date, such prices shall be fixed at levels so as to recover so far as practicable the applicable purchase price, the transportation cost to first storage point, 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. 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 supplies 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) The General Supply Fund shall be credited with all reimbursements, advances of funds, and refunds or recoveries relating to supplies or services procured through the fund, including the net proceeds of disposal of surplus supplies procured through the fund and receipts from carriers and others for loss of, or damage to, supplies procured through the fund; and the same are hereby reappropriated for the purposes of the fund. (d) A special deposit account may be established as a part of the General Supply Fund with the Treasurer of the United States for use by the chief disbursing officer or any regional disbursing officer, Department of the Treasury, which may be credited with (1) funds advanced from the General Supply Fund account on the books of the Division of Bookkeeping and Warrants and (2) other funds properly for credit to the General Supply Fund without being covered into the Treasury of the United States; and such special deposit account may be charged with payments properly chargeable to the General Supply Fund. (e) The Comptroller General of the United States shall make an annual audit of the General Supply Fund as of June 30, and there shall be covered into the United States Treasury as miscellaneous receipts any surplus found therein, all assets, liabilities, and prior losses considered, above the amounts transferred or appropriated to establish and maintain said fund, and 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. (f) Subject to the requirements of subsections (a) to (e), inclusive, of this section, the General Supply Fund also may be used for the procurement of supplies 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) Whenever any producer or vendor shall tender any article or commodity for sale 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 to determine whether such article or commodity conforms to prescribed 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 pre dominantly 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 109 (a) of this Act. ANALYSIS Section 109. General Supply Fund (Sec. 109, 63 Stat. 382, as amended by secs. 1-3, 64 Stat. 578 and sec. 1 (c)-(e), 66 Stat. 593; 5 U. S. C. 630g) (a) Composition and capital of fund; purposes for which available.—This subsection as originally enacted in Public Law 152 reconstituted the existing general supply fund for use by or under the direction of the Administrator. It established a ceiling on the capital of the fund and increased the previous authorized capital by the amount of surplus therein at the end of the fiscal year 1949, varying for that fiscal year the rule that the surplus found in the fund as of June 30 be covered into the Treasury as miscellaneous receipts. In the Act as originally enacted, the parenthetical expression appearing in clause (1) of the final sentence of this subsection read as follows: "(including the purchase from or through the Public Printer of standard forms and blankbook work for field warehouse issue)". Clause (2) of the final sentence of this subsection as originally enacted read as follows: "for paying all elements of cost of the procurement, handling, and disposition thereof, except that on and after July 1, 1950, those elements of cost which are determined by the Administrator with the approval of the Director of the Bureau of the Budget to be indirect or overhead costs shall not be paid from the fund". The subsection as originally enacted thus continued the general purposes for which the General Supply Fund might be used, providing specifically for its availability for procuring personal property (including the purchase from or through the Public Printer of standard forms and blankbook work for field warehouse issue) and nonpersonal services for the use of Federal agencies in the proper discharge of their responsibilities, and for paying all elements of cost of the procurement, handling, and distribution thereof except, effective July 1, 1950, those elements of cost which are determined to be indirect or overhead costs. The authorizations to use the fund to procure standard forms and blankbook work from the Public Printer and to make the fund's facilities available to all Federal agencies were designed to contribute to the extension of the benefits of centralized procurement to all cases where such methods are more efficient and economical. In eliminating the indirect and overhead costs from the costs which may be charged to the fund, Public Law 152 took cognizance of the recommendations of the Commission on Organization of the Executive Branch of the Government that the surcharge on the price of commodities purchased centrally be eliminated and that the administrative costs of the central procurement agency be paid through direct appropriation. The provisions of this subsection as originally enacted were the result of an effort to find a practical solution of the problem of the surcharge. It was intended that the General Supply Fund be used to pay only those elements of cost directly applicable to its procurement, handling, and distribution activities, such as the purchase price and transportation to first storage point of supplies and services; the cost of equipment and material used exclusively in the handling, repair, and distribution of supplies; breakage, shrinkage, and other inventory losses; the costs of personal services of personnel employed in contracting and processing of orders for and inspecting on receipt of, supplies purchased from the fund; and the cost of direct labor employed on the warehousing and distribution activities of the fund. Other costs, such as general supervisory, clerical and accounting costs, office and miscellaneous equipment and supplies, which are not incurred directly in connection with the procurement, handling, and distribution of supplies and services purchased from the fund would, as determined by the Administrator with the approval of the Director of the Bureau of the Budget, be budgeted and provided for by direct appropriation. Section 1 of Public Law 754 amended the parenthetical expression appearing in clause (1) of the final sentence of subsection 109 (a) to read as above. This amendment enlarged the availability of the General Supply Fund to provide for the purchase from or through the Public Printer, for warehouse issue, of standard |