A BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R001000040005-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 69
• Document Creation Date: December 9, 2016
• Document Release Date: November 28, 2000
• Sequence Number: 5
• Publication Date: June 2, 1949
• Content Type: REGULATION

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81ST CONGRESS
1ST SESSION
Calendar No. 467
5. 2020
[Report No. 475]
IN THE SENATE OF THE UNITED STATES
JUNE 8 (legislative day, JUNE 2), 1949
Mr. MCCLELLAN, from the Committee on Expenditures in the Executive De-
partments, reported the following bill; which was read twice and placed
on the calendar
A 13h ILL
To simplify the procurement, utilization, and disposal of Gov-
ment property, to reorganize certain agencies of the Govern-
ment, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tines of the United States of America in Congress assembled,
4 That this Act may be cited as the "Federal Property
5 and Administrative Services Act of 1949".
TABLE OF CONTENTS
Sec. 2. Declaration of policy.
Sec. 3. Definitions.
TITLE I-ORGANIZATION
Sec. 101. General Services Agency.
Sec. 102. Abolition of Bureau of Federal Supply and transfer of contract
settlement functions.
Sec. 103. Transfer of affairs of the Federal Works Agency.
Sec. 104. Records management; transfer of the National Archives.
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TABLE OF CONTENTS-Continued
TITLIE I-ORGANIZATION-Continued
Sec.. 105. Transfer for liquidation of the affairs of the War Assets Admin-
istration.
Sec.. 106. Redistribution of functions.
Sec. 107. Transfer of funds.
Sec.. 108. Status of transferred employees.
Sec. 109. General supply fund.
TITLE II-PROPERTY MANAGEMENT
Sec. 201. Procurement, warehousing, and related activities.
Sec. 202. Property utilization.
Sec. 203. Disposal of surplus property.
Sec. 204. Proceeds from transfer or disposition of property.
Sec. 205. Policies, regulations, and delegations.
Sec. 206. Surveys and standardization.
Sec. 207. Applicability of antitrust laws.
Sec. 208. Employment of personnel.
Sec. 209. Civil remedies and penalties.
Sec. 210. Reports to Congress.
TITLE III-PROCUREMENT PROCEDURE
Sec. 301. Declaration of purpose.
Sec. 302. Application and procurement methods.
Sec. 303. Advertising requirements.
Sec. 304. Requirements of negotiated contracts.
Sec. 305. Advance payments.
Sec. 306. Waiver of liquidated damages.
Sec. 307. Administrative determinations and delegations.
Sec. 308. Statutes continued in effect.
Sec. 309. Definitions.
Sec. 310. Statutes not applicable.
TITLE IV--FOREIGN EXCESS PROPERTY
Sec. 401. Disposal of foreign excess property.
Sec. 402. Methods and terms of disposal.
Sec. 403. Proceeds; foreign currencies.
Sec. 404. Miscellaneous provisions.
TITLE V-GENERAL PROVISIONS
Sec. 501. Applicability of existing procedures.
Sec. 502. Repeal and saving provisions.
Sec. 503. Authorization for appropriations.
See. 504. Separability.
Sec. 505. Effective date.
1 DECLARATION OF POLICY
2 SEC. 2. It is the intent of the Congress in enacting this
3 legislation to provide for the Government an economical and
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1 efficient system for (a) the procurement and supply of per-
2 sonal property and nonpersonal services, including related
3 functions such as contracting, inspection, storage, issue, speci-
4 fications, property identification and classification, transporta-
5 tion and traffic management, management of public utility.
6 services, repairing and converting, establishment of inventory
7 levels, establishment of forms and procedures, and representa-
8 tion before Federal and State regulatory bodies; (b) the
9 utilization of available property ; (c) the disposal of surplus
10 property; and (d) records management.
11 DEFINITIONS
12 SEC. 3. As used in this Act-
13 (a) The term "executive agency" means any executive
14 department or independent establishment in the executive
15 branch of the Government, including any wholly owned Gov-
16 ernment corporation.
17 (b) The term "Federal agency" means any executive
18 agency or any establishment in the legislative or judicial
19 branch of the Government.
20 (c) The term "Administrator" means the Administrator
21 of General Services provided for in title I hereof.
22 (d) The term "property" means any interest in prop-
23 erty of any kind except (1) the public domain and lands
24 reserved or dedicated for national forest or national park
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1 purposes; and (2) naval vessels of the following categories :
2 Battleships, cruisers, aircraft carriers, destroyers, and sub-
3 marines.
4 (e) The term "excess property" means any property
5 under the control of any Federal agency which is not required
6 for its needs and the discharge of its responsibilities, as
7 determined by the head thereof.
8 (f) The term "foreign excess property" means any
9 excess property located outside . the continental United
10 States, Hawaii, Alaska, Puerto Rico, and the Virgin
11 Islands.
12 (g) The term. "surplus property" means any excess
13 property not required for the needs and the discharge of
14 the responsibilities of the Federal Government, as deter-
15 mined by the Administrator.
16 (h) The term "care and handling" includes complet-
17 ing, repairing, converting, rehabilitating, operating, pre-
18 serving, protecting, insuring, packing, storing, handling, con-
19 serving, and transporting excess and surplus property, and, in
20 the case of property which is dangerous to public health or
21 safety, destroying or rendering innocuous such property.
22 (i) The term "'person" includes any corporation, part-
23 nership, firm, association, trust, estate, or other entity.
24 (j) The term "nonpersonal services" means such con-
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1 tractual services, other than personal and professional
2 services, as the Administrator shall designate.
3 (k) The term "contractor inventory" means (1)
4 any property acquired by and in the possession of a con-
.5 tractor or subcontractor under a contract pursuant to the
6 terms of which title is vested in the Government, and in
7 excess of the amounts needed to complete full performance
8 under the entire contract; and (2) any. property which
9 the Government is obligated to take over under any type
10 of contract as a result either of any changes in the speci-
11 fications or plans thereunder or of the termination of such
12 contract (or subcontract thereunder) , prior to completion
13 of the work, for the convenience or at the option of the
14 Government.
15 TITLE I-ORGANIZATION
16 GENERAL SERVICES AGENCY
17 SEC. 101. (a) There is hereby established an agency
18 in the executive branch of the Government which shall be
19 known as the General Services Agency.
20 (b) There shall be at the head of the General Services
21 Agency an Administrator of General Services who shall be
22 appointed by the President by and with the advice and
23 consent of the Senate, and perform his functions subject to
24 the direction and control of the President.
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1 (c) There shall be in the General Services Agency a
2 Deputy Administrator of General Services who shall be
3 appointed by the Administrator of General Services.
4 The Deputy Administrator shall perform such functions
5 as the Administrator shall designate and shall be Acting
6 Administrator of General Services during the absence or
7 disability of the Administrator and, unless the President
8 shall designate another officer of the Government, in the
9 event of a vacancy in the office of Administrator.
10 (d) Pending the first appointment of the Administrator
11 under the provisions of this section, his functions shall be
12 performed temporarily by such officer of the Government
13 in office upon or immediately prior to the taking of effect
14 of the provisions of this Act as the President shall designate.
15 (e) The President is authorized to fix the compensa-
16 tion of the Administrator, the Deputy Administrator, and
17 of the heads and assistant heads of the principal organiza-
18 tional units of the General Services Agency at such rates
19 (not in excess of $15,000 per annum) as he shall deem
20 to be commensurate with the responsibilities and duties
21 of their respective offices.
22 ABOLITION OF BUREAU OF FEDERAL SUPPLY AND TRANSFER
23 OF CONTRACT SETTLEMENT FUNCTIONS
24 SEC. 102. (a) The functions of the Bureau of Federal
25 Supply in the Department of the Treasury and its records,
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1 property, personnel, obligations, and commitments, are
2 hereby transferred to the Administrator of General Services,
3 together with such additional records, property, and per-
4 sonnel of the Department of the Treasury as the Director of
5 the Bureau of the Budget shall determine to relate primarily
6 to functions transferred by this section or vested in the
7 Administrator by titles II, III, and V of this Act. The
8 functions of the Director of the Bureau of Federal. Supply,
9 and the functions of the Secretary of the Treasury, relating
10- to the Bureau of Federal Supply and the Director thereof,
11 are hereby transferred to the Administrator. The Bureau
12 of Federal Supply and the office of the Director of the Bureau
13 of Federal Supply are hereby abolished.
14 (b) The functions of the Director of Contract Settle
15 ment and of the Office of Contract Settlement, transferred
16 to the Secretary of the Treasury by Reorganization Plan
17 Numbered 1 of 1947, are transferred to the Administrator
18 and shall be performed by him or, subject to his direction
19 and control, by such officers and agencies of the General
20 Services Agency as he may designate. The Contract Set-
21 tlement Act Advisory Board created by section 5 of the
22 Contract Settlement Act of 1944 (58 Stat. 649) and the
23 Appeal Board established under section 13 (d) of that Act
24 are transferred from the Department of the Treasury to the
25 General Services Agency, but the functions of these Boards
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1 shall be performed by them, respectively, under con-
2 ditions and limitations prescribed by law. There shall
3 also be transferred to the General Services Agency such
4 records, _property, personnel, obligations, commitments, and
5 unexpended balances (available or to be made available)
6 of appropriations, allocations, and other funds of the Treas-
7 ury :Department as the Director of the Bureau of the Budget
8 shall determine to relate primarily to the functions trans-
9 ferred by the provisions of this subsection.
10 (c) Any other provision of this section notwithstanding,
11 there may be retained in the Department of the Treasury
12 any function referred to in subsection (a) of this section
13 which the Director of the Bureau of the Budget shall, within
14 ten days after the effective date of this Act, determine to be
15 essential to the orderly administration of the affairs of the
16. agencies of such Department, other than the Bureau of Fed-
17 eral Supply, together with such records, property, personnel,
18 obligations, commitments, and unexpended balances of ap-
19 propriations, allocations, and other funds, available or to be
20 made available, of said Department, as said Director shall
21 determine.
22 TRANSFER OF AFFAIRS OF THE FEDERAL WORKS AGENCY
23 SEC. 103. (a) There are hereby transferred to the
24 General Services Agency the Public Roads Administra-
25 tion , and its functions, records, property, personnel,
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1 obligations, and commitments. All other functions, records,
2 property, personnel, obligations, and commitments of the
3 Federal Works Agency, of the Federal Works Administrator,
4 and of the Commissioner of Public Buildings are hereby
5 transferred to the Administrator of General Services.
6 (b) There are hereby abolished the Federal Works
7 Agency, the Public Buildings Administration, the office of
8 Federal Works Administrator, the office of the Commissioner
9 of Public Buildings, and the office of Assistant Federal
10 Works Administrator.
11 (c) Without regard to the provisions of section 103 (b) ,
12 the President may continue, for such duration as he shall
13 determine, as a constituent agency of the General Services
14 Agency, the heretofore existing Bureau of Community
15 Facilities of the Federal Works Agency.
16 RECORDS MANAGEMENT : TRANSFER OF TILE NATIONAL
17 ARCIIIVES
18 SEC. 104. (a) The National Archives Establishment
19 and its functions, records; property, personnel, obligations,
20 and commitments are hereby transferred to the General
21 Services Agency. There are transferred to the Administra-
22 tor (1) the functions of the Archivist of the United States,
23 'except that the Archivist shall continue to be a member or
24 chairman, as the case may be, of the bodies referred to in
25 subsection (b) of this section, and (2) the functions of the
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1. Director of the Division of the Federal Register of the
2 National Archives Establishment. The Archivist of the
3 United States shall hereafter be appointed by the
4 Administrator.
5 (b) There are also transferred to the General Services
6 Agency the following bodies, together with their respective
7 functions (1) The National Archives Council and the Na-
8 tional Historical Publications Commission, established by the
9 Act of June 19, 1934 (48 Stat. 1122), (2) the National
10 Archives Trust Fund Board, established by the Act of July
11 9, 1941 (55 Stat. 581) , (3) the Board of Trustees of the
12 Franklin D. Roosevelt Library, established by the Joint
13 Resolution of July 1L 8, 1939 (53 Stat. 1062), and (4) the
14 Administrative Committee established by section 6 of the
15 Act of July 26, 1935 (49 Stat. 501), which shall hereafter
16, be known as the Administrative Committee of the Federal
17 Register. The authority of the Administrator under section
18 106 hereof shall not extend to the bodies or functions affected
19 by this subsection.
20 (c) The Administrator is authorized (1) to make sur-
21 veys of Government records and records management and
22 disposal practices and obtain reports thereon from Federal
23 agencies; (2) to promote, in cooperation with the executive
24 agencies, improved records management practices and con-
25 trols in such agencies, including the central storage or disposi-
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1 tion of records not needed by such agencies for their current
use; and (3) to report to the Congress and. the Director
3 of the Bureau of the Budget from time to time the results: of
4 such activities.
5 TRANSFER FOR LIQUIDATION OF THE AFFAIRS OF THE WAR
ASSETS ADMINISTRATION
7 . SEC. 105. The functions, records, property, personnel,
8 obligations, and commitments of the War Assets Admin-
10
12
16
19
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istration are hereby transferred to the General Services
Agency. The functions of the War Assets Administrator
are hereby transferred to the Administrator of General
Services. The War Assets Administration, the office -'of
the War Assets Administrator, and the office of Associate
War Assets Administrator are hereby abolished. Personnel
now holding appointments granted under the second sentence
of section 5 (b) of the Surplus Property Act of 1944, as
amended, may be continued in such positions or may be
appointed to similar positions for such time as the Admin-
istrator, may determine.
REDISTRIBUTION OF FUNCTIONS
SEC. 106. The Administrator is hereby authorized, in
his discretion, in order to provide for the effective accom-
plishment of the functions transferred to or vested in him
by this Act, and from time to time, to regroup, transfer,
and distribute any such functions within the General Services
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1 Agency, and with the approval of the Director of the Bureau
2 of the Budget to make appropriate transfers of funds in
3 connection therewith.
4 TRANSFER OF FUNDS
5 SEC. 107. (a) All unexpended balances of appropriations,
6 allocations, or other funds available or to be made available,
7 for the use of the Bureau of Federal Supply, the War Assets
8 Administration, the Federal Works Agency, and the Na-
9 tional Archives Establishment, and so much of the other
10 unexpended balances of appropriations, allocations, or other
11 funds of the Department of the Treasury, available or to be
12 made available, as the Director of the Bureau of the Budget
13 shall determine to relate primarily to functions transferred
14 to or vested in the Administrator by the provisions of this
15 Act, shall be transferred to the General Services Agency
16 for use in connection with the functions to which such bal-
17 ances relate, respectively.
18 (b) When other functions are transferred to the Gen-
19
20
21
22
23
24
era]. Services Agency from any Federal agency, there shall
be transferred such records, property, personnel, appropri-
ations, allocations, and. other funds of such agency to the
General Services Agency as the Director of the Bureau of
the Budget shall determine to relate primarily to the func-
tions so transferred?
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1 STATUS OF TRANSFERRED EMPLOYEES
2 SEC. 108. Subject to other provisions of this title relating
3 to personnel, employees transferred by the provisions of this
4 title shall be deemed to be employees of the General Services
5 Agency, and their reappointment shall not be required by
6 reason of the enactment of this Act.
7 GENERAL SUPPLY FUND
8 SEC. 109. (a) There is hereby authorized to be set
9 aside in the Treasury a special fund which shall be known
10 as the General Supply Fund. Such fund shall be composed
11 of the . assets of the general supply fund (including any
12 surplus therein) created by section 3 of the Act of Feb-
13 ruary 27, 1929 (45 Stat. 1342; 41 U. S. C. 7c), and
14 transferred to the Administrator by section 102 of this Act,
15 and such sums as may be appropriated thereto, and the
16 fund shall assume all of the liabilities, obligations, and com-
17 mitments of the general supply fund created by such Act
18 of February 27, 1929. The capital of the General Supply
19 Fund-shall be in an amount not greater than $100,000,000.
20 The General Supply Fund shall be available for use by or
21 under the direction and control of the Administrator (1)
22 for procuring personal property (including the purchase
23 from or through the Public Printer of standard forms and
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1 blankbook work for field warehouse issue) and nonpersonal
2 'services for the use of Federal agencies in the proper dis-
charge of their responsibilities, and (2) for paying all ole-
4 merits of cost of the procurement, handling, and distribution
5 thereof, except that on and after July 1, 1950, those elements
6 of cost which are determined. by the Administrator with the
7 approval of the Director of the Bureau of the Budget to be
8 ; indirect or overhead costs shall not be paid from the fund.
0 (b) Payment by requisitioning agencies shall be at
TO. prices fixed by the Administrator. Until July 1, 1950, such
11 prices shall be fixed. in accordance with law and regulations
12 applicable on the date of enactment of this Act to prices
13 fixed by the Director of the Bureau of Federal Supply.. On
14 .'and after such date, such prices shall be fixed at levels so
17
19
20
22
as to recover so far as practicable all costs except those
which are determined by the Administrator with the approval
of the Director of the Bureau of the Budget to be indirect
or overhead costs,, Requisitioning agencies shall pay by
advance of funds in. all cases where it is determined by the
Administrator that there is insufficient capital otherwise avail-
able in the General Supply Fund. Advances of funds also
may be made by agreement between the requisitioning agen-
23 cies and the Administrator. Where an advance of funds
24 . is not made, requisitioning agencies shall promptly reimburse
25 the General Services Agency on vouchers prepared by the
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1 requisitioning agency on the basis of itemized invoices sub-
2 mitted by the Administrator and receiving reports evidencing
3 , the delivery to the requisitioning agency of such supplies or
4 services : Provided, That in any case where payment shall
5 not have been made by the requisitioning agency within
6 forty-five days after the date of billing by the Administrator,
7 reimbursement may be obtained by the Administrator by the
issuance of transfer and counterwa.rrants supported by item-
ized invoices.
(c) The General Supply Fund shall be credited with all
11 reimbursements, advances of funds, and refunds or recoveries
12 relating to supplies or services procured through the fund,
13 including the net proceeds of disposal of surplus supplies
14 procured through the fund and receipts from carriers and
15 others for loss of, or damage to, supplies procured through
16 the fund; and the same are hereby reappropriated for the
1-7 purposes of the fund.
18 (d) A special deposit account may be established as a
19 part of the General Supply Fund with the Treasurer of the
United States for use by the chief disbursing officer or any
21 regional disbursing officer, Department of the Treasury,
22 which may be credited with (1)' funds advanced from the
23 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
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1 into the Treasury of the United States; and such special
2 deposit account may be charged with payments properly
3 chargeable to the General Supply Fund.
4 (e) The Comptroller General of the United States shall
5 make an annual audit of the General Supply Fund as of
6 June 30, and there shall be covered into the United States
7 Treasury as miscellaneous receipts any surplus found therein,
8 all assets, liabilities, and prior losses considered, above the
9 amounts transferred or appropriated to establish and main-
10 tain said fund, and the Comptroller General shall report
11 to the Congress annually the results of the audit, together
12 with such recommendations as he may have regarding the
13 status and,operations of the fund.
14 .(f) Subject to the requirements of subsections (a) to
15 (e) , inclusive, of this section, the General Supply Fund
1.6 also may be used for the procurement of supplies and non-
17 personal services authorized to be acquired by mixed-own-
18 ership Government corporations, or by the municipal
19 government of the District of Columbia, or by a requisitioning
20 non-Federal agency when the function of a Federal agency
2.1 authorized to procure for it is transferred to the General
22 Services Agency : Provided, That the prices charged by the
23 Administrator in such cases shall be fixed at levels which
24 he estimates will be sufficient to recover, in addition to the
25. direct costs of the procurement, handling, and distribution
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of such supplies and services, the indirect and overhead
costs that the Administrator determines are allocable
thereto.
TITLE II-PROPERTY MANAGEMENT
0 PROCUREMENT, WAREHOUSING, AND RELATED ACTIVITIES
6 SEC. 201. (a) The Administrator shall, in respect of
7 executive agencies, and to the extent that he determines
8 that so doing is advantageous to the Government in
9 terms of economy, efficiency, or service, and vOth due
10 regard to the program activities of the agencies concerned-
11 (1) prescribe policies and methods of procurement
12 and supply of personal property and nonpersonal serv-
13 ices, including related functions such as contracting,
14 inspection, storage, issue, specifications, property idea
15 tification and classification, transportation and traffic
16 management, management of public utility services., and
17 repairing and converting; and
18 (2) operate, and, after consultation with the execu-
19 tive agencies affected, consolidate, take over, or arrange
20 for the operation by any executive agency of ware-
21 houses, supply centers, repair shops, fuel yards, and
22 other similar facilities ; and
23 (3) procure and supply personal property and
24 nonpersonal services for the use of executive agencies
5.2020 3
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.1. in the proper discharge of their responsibilities, and
2, perform functions related to procurement and supply
3 such as those mentioned above in subparagraph (1)
4 Provided, That contracts for public utility services may
be made for periods not exceeding ten years; and
5
Ei (4) with respect to transportation and other
7
represent such agencies in negotiations with carriers
and other public utilities and in proceedings involving
public utility services for the use of executive agencies,
10 carriers or other public utilities before Federal and
11 State regulatory bodies;
12 Provided, That the Secretary of Defense may from time
13 to time, unless the President shall otherwise direct, exempt
14 the National Military Establishment from action taken or
15 which may be taken by the Administrator under clauses (1) ,
16.. (2), (3), and (4) above whenever he determines such
17 exemption to be in. the best interests of national security.
18 (b) The Administrator shall as far as practicable provide
19 any of the services specified in subsection (a) of this section
20. to any other Federal agency, mixed ownership corporation
21 (as defined. in the.. Government Corporation Control Act) , or
22 . the District of Columbia, upon its request.
23. (c) In acquiring personal property, any executive
24. ,agency, under regulations to be prescribed by the Adminis-
25 trator, may exchange or sell similar items (provided that
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1 such items are exchanged as a general practice in trade chan-
2 nels) , and may apply the exchange allowance or proceeds
3 of sale in such cases in whole or in part payment for the
4 property acquired : Provided, That any transaction carried
5 out under the authority of this subsection shall be evidenced
6 in writing.
PROPERTY UTILIZATION
8 SEC. 202. (a) In order to minimize expenditures for
property, the Administrator shall prescribe policies and
10 methods to promote the maximum utilization of excess prop
11 erty by executive agencies, and he shall provide for the
12 transfer of excess property among Federal agencies.
13 (b) Each executive agency shall (1) maintain ade-
14 quate inventory controls and accountability systems for the
15 property under its control, (2) continuously survey- prop-
16 erty under its control to determine which is excess property,
17 and promptly report such property to the Administrator,
18 (3) perform the care and handling of such excess property,
19 and (4) transfer or dispose of such property as promptly
20 as possible in accordance with authority delegated and
21 regulations prescribed by the Administrator.
22 (c) Each executive agency shall, as far as practicable,
23 (1) make reassignments of property among activities within
24 the agency when such property is determined to be no longer
25 required for the purposes of the appropriation from which
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1 it was purchased, (2) transfer excess property under its
,2 control to other Federal agencies, and (3) obtain excess
3 property from other Federal agencies.
4 (d) Under existing provisions of law and procedures
5 defined by the Secretary of Defense, and without regard to
6 the requirements of this section except subsection (f) , ex-
7 cess property of one of the departments of the National 31ili-
8 tary Establishment may be transferred to another department
9 thereof.
10 (e) Transfers of excess property between Federal agen-
11 ties (except transfers for redistribution to other Federal
12 agencies or for disposal as surplus property) shall be at the
13 fair value thereof, as determined by, or pursuant to regula-
14 tions of, the Administrator, unless such transfer is other-
15 wise authorized by any law approved subsequent to June
16 21, 1944, to be without reimbursement or transfer
17 of funds.
18 (f) The Director of the Bureau of the Budget shall
19
20
21
22
23
prescribe regulations providing for the reporting to said
Director by executive agencies of such reassignments or
transfers of property between activities financed by different
appropriations as he shall deem appropriate, and the re-
assignments and transfers so reported shall be reported to
24 the Congress in the annual budget or otherwise as said
25- Director may determine.
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1 (g) Whenever the Administrator determines that the
2 temporary assignment or reassignment of any space in
3 excess real property to any Federal agency for office, stor-
4 age, or related facilities would be more advantageous than
5 the permanent transfer of such property, he may make such
6 assignment or reassignment for such period of time as he
7 shall determine and obtain, in the absence of appropriation
8 available to him therefor, appropriate reimbursement from
9 the using agency for the expense of maintaining such space.
(h) The Administrator may authorize the abandonment,
destruction, or donation to public bodies of property which
1-2 has no commercial value or of which the estimated cost of
25
continued care and handling would exceed the estimated
proceeds from its sale.
DISPOSAL OF SURPLUS PROPERTY
SEC. 203. (a) Except as otherwise provided in this
section, the Administrator shall have supervision and direc-
tion over the disposition of surplus property. Such property
shall be disposed of to such extent, at such time, in such
areas, by such agencies, at such terms and conditions, and in"
such manner, -as may be prescribed in or pursuant to this Act.
(b) The care and handling of surplus property, pending
its disposition, and the disposal of surplus property, may be
performed by the General Services Agency or, when so
determined by the Administrator, by the executive agency
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1 in ' possession thereof or by any other executive agency
2 consenting thereto.
3 (c) Any executive agency designated or authorized
4 by the Administrator to dispose of surplus property may do
5 so by sale,, exchange, lease, permit, or transfer, for cash,
6. credit, or other property, with or without warranty, and
7 upon such other terms and conditions as the Administrator
8 deems; proper, and it may execute such documents for the
9 transfer of title or other interest in property and take such
10 other action as it deems necessary or proper to dispose of
11 such property under.the provisions of this title.
13
14
17
18
19
21
(d) A. deed, bill of sale, lease, or other instrument
executed by or on behalf of any executive agency purporting
to transfer title or any other interest in property under this
title shall be conclusive evidence of compliance with the
provisions of this title insofar as concerns title or other
interest of any bona fide grantee or transferee for value
and without notice of lack of such compliance.
'(e) TJnless the Administrator shall determine that dis-
posal by advertising will in a given case better protect the
public interest, surplus property disposals may be made with-
out regard to any provision of existing law for advertising
until 12 o'clock noon, eastern standard time, December 31,
1950.
(f) Subject to regulations, of the Administrator, any
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I executive agency may authorize any contractor with such
2 agency or subcontractor thereunder to retain or dispose of
3 any contractor inventory.
4 (g) The Administrator, in formulating policies with
5 respect to the disposal of surplus agricultural commodities,
6 surplus foods processed from agricultural commodities, and
7 = surplus cotton or woolen goods, shall consult with the See-
8
9
10
13
25
retary of Agriculture. Such policies shall be so formulated
as to prevent surplus agricultural commodities, or surplus
food processed from agricultural commodities, from being
dumped on the market in a disorderly manner and dis-
rupting the market prices for agricultural commodities.
(h) Whenever the Secretary of Agriculture determines
such action to be required to assist him in carrying out his
responsibilities with respect to price support or stabilization,
the Administrator shall transfer without charge to the De-
partment of Agriculture any surplus agricultural commod-
ities, foods, or cotton or woolen goods to be disposed of.
Receipts resulting from disposal . by the Department of
Agriculture under this subsection shall be deposited pursuant
to any authority available to the Secretary of Agriculture,
except that net proceeds of any sale of surplus property
so transferred shall be credited pursuant to section 204 (b)
when applicable. Surplus farm commodities so transferred
shall not be sold, other than for export, in quantities in
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1 excess of, or at prices less than, those applicable with respect
2 to sales of such commodities by the Commodity Credit
Corporation.
(i) The United States Maritime Commission shall dis-
such vessels shall be disposed of only in accordance with the
-5 ;pose of surplus vessels of one thousand five hundred. gross
6 tons or more which the Commission determines to be mer-
7. chant vessels or capable of conversion to merchant use, and
9 provisions of the Merchant Marine Act, 1936, as amended,
10. and other laws authorizing the sale of such vessels.
11 (j) (1) Under such regulations as he may prescribe,
12 the Administrator is authorized in his discretion to donate
13 for educational purposes in the States, Territories, and pos-
14 sessions without cost (except for costs of care and handling)
15 such. equipment, materials, books, or other supplies under
16 the control of any executive agency as shall have been
17 determined to be surplus property and which shall. have
18 been determined under paragraph 2 or paragraph 3 of this
.19 subsection to be usable for educational purposes.
20 (2) Determination whether such property (except sur-
21 plus property donated in conformity with paragraph 3 of this
23
25
2ubsection) is usable and necessary for educational purposes
shall be made by the Federal Security Administrator, who
shall allocate such property on the basis of needs and utiliza-
tion for transfer by the Administrator of General Services to'
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1 tax-supported school systems, schools, colleges, and univer-
2 sities, and to other nonprofit schools, colleges, and uni-
3 versities which have been held exempt from taxation under
4 section 101 (6) of the Internal Revenue Code, or to State
5 departments of education for distribution to such tax-
6 supported and nonprofit school systems, schools, colleges.
7 and universities; except that in any State where another
8 agency is designated by State law for such purpose such
9 transfer shall be made to said agency for such distribution
10 within the State.
11 (3) In the case of surplus property under the control of
12 the National Military Establishment, the Secretary of Defense
13 shall determine whether such property is usable and neces-
14 sary for educational activities that are of special interest to
15 the armed services, such as maritime academies or military,
16 naval, Air Force, or Coast Guard preparatory schools. If
17 such Secretary shall determine that such property is usable
and necessary for such purposes, he shall allocate it for
transfer by the Administrator to such educational activities.
If he shall determine that such property is not usable and
necessary for such purposes, it may be disposed of in accord-
ance with paragraph 2 of this subsection.
(k) (1) Under such regulations as he may prescribe,
the Administrator is authorized, in his discretion, to assign ;
S.2020 4
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1. to the Federal Security Administrator for disposal such
2 surplus real property, including buildings, fixtures, and
3 equipment situated thereon, as is recommended by the
4 Federal Security Administrator as being needed for school,
5 classroom., or other educational use, or for use in the pro-
6 tection of public health, including research.
7 (A) Subject to the disapproval of the Administrator
8 Within thirty days after notice to him by the Federal
9 Security Administrator of a proposed transfer of property
10 for school, classroom, or other educational use, the
11 Federal Security Administrator, through such officers or
12 employees of the Federal Security Agency as lie may
13 designate, may sell or lease such real property, including
14 buildings, fixtures, and equipment situated thereon, for
15 educational purposes to the States and their political sub-
16 divisions and instrumentalities, and tax-supported educa-
17 tional institutions, and to other nonprofit educational
18 institutions which have been held exempt from taxation
19 under section 101 (6) of the Internal Revenue Code.
20 (B) Subject to the disapproval of the Administrator
21 ,within thirty days after notice to him by the Federal
22 Security Administrator of a proposed transfer of property
23 for public-health use, the Federal Security Administrator,
24 through such officers or employees of the Federal Se-
25 curity Agency as he may designate, may sell or lease
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1 such real property for public-health purposes, including
2 research, to the States and their political subdivisions and
3 instrumentalities, and to tax-supported medical institu-
4 tions, and to hospitals or other similar institutions not
5 operated for profit which have been held exempt from
6 taxation under section 101 (6) of the Internal Revenue
7 Code.
(C) In fixing the sale or lease value of property
to be disposed of under subparagraph (A) and sub-
paragraph (B) of this paragraph, the Federal Security
11 Administrator shall take into consideration any benefit
12 which has accrued or may accrue to the United States
13 from the use of such property by any such State, political
14 subdivision, instrumentality, or institution.
15 (D) "States" as used in this subsection includes
16 the District of Columbia and the Territories and posses-
17 sions of the United States.
18 (2) Subject to the disapproval of the Administrator
19 within thirty days after notice to him of any action to be
20 taken under this subsection-
21 (A) the Federal Security Administrator, through
22 such officers or employees of the Federal Security
23 Agency as lie may designate, in the case of property
24 transferred pursuant to the Surplus Property Act of
25 1944, as amended, and pursuant to this Act, to States,
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1 political subdivisions, and instrumentalities thereof, and
2 tax-supported and other nonprofit educational institu-
3 Lions for school, classroom, or other educational use;
4 (B) the Federal Security Administrator, through
5 such officer or employees of the Federal Security Agency
6 as he may designate, in the case of property transferred
7 pursuant to the Surplus Property Act of 1944, as
8 amended, and pursuant to this Act, to States, political
9 subdivisions and instrumentalities thereof, tax-supported
10 medical institutions, and to hospitals and other similar
11 institutions not operated for profit, for use in the pro-
12 tection of public health (including research) ;
13 (C ). the Secretary of the Interior, in the case of
14 property transferred pursuant to the Surplus Property
15 Act of 1944, as amended, and pursuant to this Act, to
16 States, political subdivisions, and instrumentalities
17 thereof, and municipalities for use as a public park,
18 public recreational area, . or historic monument for the
19 benefit of the public; or
20 (D) the Secretary of Defense, in the case of prop-
21 erty transferred pursuant to the Surplus Property Act
22 of 1944, as amended, to States, political subdivisions,
23 and tax-supported instrumentalities thereof for use in
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it the training and maintenance of civilian components of
2 the armed forces,
3 is authorized and directed-
(i) to determine and enforce compliance with the
terms, conditions, reservations, and restrictions contained
in any instrument by which such transfer was made ;
(ii) to reform, correct, or amend any such instru-
8 ment by the execution of a corrective, reformative, or
9 amendatory instrument where necessary to correct such
10 instrument or to conform such transfer to the require-
11 ments of applicable law ; and
12 (iii) to (I) grant releases from any of the terms,
13 conditions, reservations, and restrictions contained in,
14 and (II) convey, quitclaim, or release to the transferee
15 or other eligible user any right or interest reserved to
16 the United States by, any instrument by which such
17 transfer was made, if he determines that the property
18 so transferred no longer serves the purpose for which it
19 was transferred, and that such release, conveyance, or
20 quitclaim deed will not prevent accomplishment of the
21 purpose for which such property was so transferred:
22 Provided, That any such release, conveyance, or quit-
23 claim deed may be granted on, or made subject to, such
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1 terms and conditions as he shall deem necessary to
2 protect or advance the interests of the United States.
3 (1) The Administrator is authorized to take possession
4 of abandoned and other unclaimed property on premises
5 owned or leased by the Government, to determine when
6 title thereto vested in the United States, and to utilize,
7 transfer or otherwise dispose of such property. Former
8 owners of such property upon proper claim filed within three
9 years from the date of vesting of title in the United States
10 shall be paid the proceeds realized from the disposition of
11 such property or, if the property is used or transferred, the
12 fair value therefor as of the time title was vested in the
13 United States as determined by the Administrator, less in
14 either case the costs, incident to the care and handling of
15 such property as determined by the Administrator.
16 PROCEEDS FROM TRANSFER OR DISPOSITION OF PROPERTY
17 SEC. 204. (a) All proceeds under this title from any
18 transfer of excess property to a Federal agency for its use,
19 or from any sale, lease, or other disposition of surplus prop-
20 erty, shall be covered into the Treasury as miscellaneous
21 receipts, except as provided in subsections (b) , (c) , and (d)
22 of this section.
23 (b) Where the ;property transferred or disposed of was
24 acquired by the use of funds either not appropriated from
25 the general fund of the Treasury or appropriated therefrom
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but by law reimbursable from assessment, tax, or other rev-
2 enue or ,receipts, then the net proceeds of the disposition or
3 transfer shall be credited to the reimbursable fund or ap-
4 propriation or paid to the Federal agency which determined
5 such property to be excess : Provided, That the proceeds
6 ? shall be credited to miscellaneous receipts in any case when
7 the agency which determined the property to be excess shall
8 deem it uneconomical or impractical to ascertain the amount
9 of net proceeds. As used in this subsection, the term "net
10 proceeds of the disposition or transfer" means the proceeds
11 of the disposition or transfer minus all expenses incurred
12 for care and handling and disposition or transfer.
13 (c) Any Federal agency disposing of surplus property
14 under this title (1) may deposit, in a special account with
15 the Treasurer of the United States, such amount of the
16 proceeds of such dispositions as it deems necessary to permit
17 appropriate refunds to purchasers when any disposition is
18 rescinded or does not become final, or payments for breach
19 of any warranty, and (2) may withdraw therefrom amounts
20 so to be refunded or paid, without. regard to the origin of
21 the funds withdrawn.
22 (d) Where any contract entered into by an executive
23 agency or any subcontract under such contract authorizes
24 the proceeds of any sale of property in the custody of the
25 contractor or subcontractor to be. credited to the price or
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1 cost of the work covered by such- contract or subcontract,
2 the proceeds of any such sale shall be credited in accordance
3 with the contract or subcontract.
4 (e) Where credit has been extended in connection with
5 any disposition of surplus property under this title or by
6 War Assets Administration (or its predecessor agencies)
7 under the Surplus Property Act of 1944, or where such
8 disposition has been by lease or permit, the Administrator
9 shall administer and manage such credit, lease, or permit,
10 and any security therefor, and may enforce, adjust, and
11. settle any right of the Government with respect thereto in
12 such manner and upon such terms as he deems in the best
13 interest of the Government.
14 POLICIES, REGULATIONS, AND DELEGATIONS
15 SEC. 205. (a) The President may prescribe such poli-
16 cies and directives, not inconsistent with the provisions of
17 this Act, as he shall deem necessary to effectuate the provi-
18 sions of this Act, which policies and directives shall govern
19 the Administrator and executive agencies in carrying out
20 their respective functions hereunder.
21 (b) The Comptroller General shall prescribe principles
22 and standards of accounting for property, after considering
23 the needs and requirements of the executive agencies, coop-
24 erate with the Administrator and with the executive agencies
25 in the development of property accounting systems, and ap-
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1 prove such systems when deemed to be adequate and in con-
2 formity with prescribed principles and standards. From time
3 to time the General Accounting Office shall examine such
4 property accounting systems as are established by the ex-
5 ecutive agencies to determine the extent of compliance with
6 prescribed principles and standards and approved systems,
7 and the Comptroller General shall report to the Congress any
8 failure to comply with such principles and standards or to
9 adequately account for property.
10 (c) The Administrator shall prescribe such regulations
11 as he deems necessary to effectuate his functions under
12 this Act, and. the head of each. Federal agency shall cause
13 to be issued such orders and directives as such head deems
14 necessary to carry out such regulations.
15 (d) The Administrator is authorized to delegate and
16 to authorize successive redelegation of any authority trans-
17 ferred to or vested in him by this Act (except for the
18 authority to issue regulations on matters of policy having
19 application to executive agencies, the authority contained
20 in section 106, and except as otherwise provided in this
21 Act) to any official in the General Services Agency or to
22 the head of any other Federal agency.
(e) With respect to any function transferred to or
24 vested in the General Services Agency or the Administrator
25 by this Act, the Administrator may (1) direct the under-
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1 taking of its performance by the General Services Agency
2 or by any constituent organization therein which he may
3 designate or establish; or (2) designate and authorize any
4 executive agency to perform such function for itself ; or (3)
5 designate and authorize any other executive agency to per-
6 form such function; or (4) provide for such performance
7 by any combination of the foregoing methods. Any desig-
8 nation or assignment of functions or delegation of authority
9 to another executive agency under this section shall be
10 made only with the consent of the executive agency con-
corned or upon direction of the President.
23
25
k 1 i rv null ally executive agency (including the
General Services Agency and constituent organizations there-
of) is authorized and directed by the Administrator to carry
out any function under this Act, the Administrator may,
with the approval of the Director of the Bureau of the
Budget, provide for the transfer of appropriate personnel,
records, property, and allocated funds of the General Services
Agency, or of such other executive agency as has theretofore
carried out such function, to the executive agency so author-
ized and directed.
(g) The Administrator may establish advisory com-
mittees to advise with, him with respect to any function trans-
ferred to or vested in the Administrator by this Act. The
members thereof shall serve without compensation but
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1 shall be entitled to transportation and not to exceed $25
2 per diem in lieu of subsistence, as authorized by section 5
3 of the Act of August 2, 1946 (5 U. S. C. 73b-2), for
4 persons so serving.
5 (h) The Administrator shall advise and consult with
6 interested Federal agencies with a view to obtaining their
7 advice and assistance in carrying out the purposes of this
8 title.
9 SURVEYS AND STANDARDIZATION
10 SEC. 206. (a) As he may deem necessary for.the effec-
11 tuation of his functions under this title, and after adequate
12 advance notice to the agencies affected, and with due regard
13 to the requirements of the National Military Establishment
14 as determined by the Secretary of Defense, the Adminis-
15 trator is authorized (1) to make surveys of Government
16 property and property management practices and obtain
17 reports thereon from Federal agencies; (2) to cooperate
18 with executive agencies in the establishment of reasonable
19 inventory levels for property stocked by them and from time
20 to time report any excessive stocking to the Congress and
21 to the Director of the Bureau of the Budget; (3) to estab-
22 lish and maintain such uniform Federal supply catalog system
23 as may be appropriate to identify and classify personal prop-
24 erty under the control of Federal agencies : Provided, That
25 the Administrator shall coordinate his activities hereunder
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1 with the cataloging activities of the National Military Estab-
2 lishment so as to avoid unnecessary duplication; and (4) to
3 prescribe standardized forms and procedures, except such
4 as the Comptroller General is authorized-by law to prescribe,
5 and standard purchase specifications.
6 (b) Each executive agency shall utilize such uniform
7 Federal supply catalog system and standard purchase speci-
8 fications as far. as practicable, taking into consideration
9 efficiency, economy, and other interests of the Government.
10 (c) The General Accounting Office shall audit all types
11 of property accounts and transactions at such times and in
12 such manner as determined by the Comptroller General.
13 Such audit shall be conducted as far as practicable at the
14 place or places where the property or records of the execu-
15 tive agencies are kept and shall include but not necessarily
16 be limited to an evaluation of the effectiveness of internal
1, controls and audits, and a general audit of the discharge of
18 accountability for Government-owned or controlled property
19 based upon generally accepted principles of auditing.
20 APPLICABILITY OF ANTITRUST LAWS
21 SEc. 207. Whenever any executive agency shall begin
22 negotiations for the disposition to private interests of a plant
23 or plants, or other property, which cost the Government
24 $1,000,000 or more, or of patents, processes, techniques, or
25 inventions, irrespective of cost, the executive agency shall
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promptly notify the Attorney General of the proposed dis-
2 posal and the probable terms or conditions thereof. Within
3 a reasonable time, in no event to exceed thirty days after
4 receiving such notification, the Attorney General shall advise
5 the Administrator and the interested executive agency
G whether, insofar as he can determine, the proposed disposition
7 would tend to create or maintain a situation inconsistent with
8 the antitrust laws. Upon the request of the Attorney
9 General, the Administrator or interested executive agency
10 shall furnish or cause to be furnished such information as it
11 may possess which the Attorney General determines to be
1-2 appropriate or necessary to enable him to give the advice
13 called for by this section or to determine whether any other
14 disposition or proposed disposition of surplus property
15 violates the antitrust laws. Nothing in this Act shall impair,
16 amend, or modify the antitrust laws or limit and prevent their
17 application to persons who buy or otherwise acquire property
18 under the provisions of this Act. As used in this section, the
19 term "antitrust laws" includes the Act of July 2, 1890 (26
20 Stat. 209, as amended) ; the Act of October 15, 1914 (38
21 Stat. 730, as amended) ; the Federal ;grade Commission
22 Act (38 Stat. 717, as amended) ; and sections 73 and 74 of
23 the Act of August 27, 1894 (28 Stat. 570, as amended).
24 EMPLOYMENT OF PERSONNEL
25 SEC. 208. (a) The Administrator is authorized, subject
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1 to the civil-service and classification laws, to appoint and fix
2 the compensation of such personnel as may be necessary
3 to carry out the provisions of title I, II, III, and V of this
4 Act.
5 (b) To such extent as lie finds necessary to carry out
6 the provisions of titles I, II, III, and V of this Act, the Ad-
7 winistrator is hereby authorized to procure the temporary
8 (not in excess of one year) or intermittent services of experts
9 or consultants or organizations thereof, including stenographic
10 reporting services, by contract or appointment, and in such
11 cases such service shall be without regard to the civil-service
12 and classification laws, and, except in the case of stenographic
13 reporting services by organizations, without regard to section
14 3709, Revised Statutes, as amended (41 U. S. C. 5) ..
15 (c) Notwithstanding the provisions of section 1222 of
16 the Revised Statutes (10 U. S. C. 576) or of any other
17 provision of law, the Administrator in carrying out the
18 functions imposed upon him by this Act is authorized to
19 utilize in his agency the services of officials, officers, and
20 other personnel in other executive agencies, including per-
21 sonnet[ of the armed services, with the consent of the head of
22 the agency concerned.
23 CIVIL REMEDIES AND PENALTIES
24 SEC. 209. (a) Where any property is transferred or
25 disposed of in accordance with this Act and any regulations
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1 prescribed hereunder, no officer or employee of the Govern-
2 ment shall (1) be liable with respect to such transfer or
3 disposition except for his own fraud, or (2) be accountable
4 for the collection of any purchase price for such property
5 which is determined to be uncollectible by the Federal agency
6 responsible therefor.
7, (b) Every person who shall use or engage in, or cause
8 to be used or engaged in, or enter into an agreement, corn-
9 bination, or conspiracy to use or engage in or to cause to
10 be used or engaged in, any fraudulent trick, scheme, or
11 device, for the purpose of securing or obtaining, or aiding to
12 secure or obtain, for any person any payment, property, or
13 other benefits from the United States or any Federal agency
14 in connection with the procurement, transfer, or disposition
15 of property hereunder-
16 (1) shall pay to the United States the sum of
17 $2,000 for each such act, and double the amount of any
18 damage which the United States may have. sustained by
19 reason thereof, together with the cost of suit; or
20 (2) shall, if the United States shall so elect, pay
.21 to the United States, as liquidated damages, a sum equal
22 to twice the consideration agreed to be given by the
23 United States or any Federal agency to such person or
24 by such person to the United States or any Federal
25 agency, as the case may be; or
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6
7
.8
40
(3) shall, if the United States shall so elect, re-
store to the United States the money or property thus
secured and obtained and the United States shall retain
as liquidated damages any property, money, or other
consideration given to the United States or any Federal
agency for such money or property, as the case may be.
(c) The several district courts of the United States,
the District Court of the United States for the District of
Columbia, and the several district courts of the Territories
and possessions of the United States, within whose jurisdic-
tional limits the person, or persons, doing or committing such
act, or any one of them, resides or shall be found, shall where-
13 soever such act may have been done or committed, have
14 full power and jurisdiction to hear, try, and determine such
15 suit.
16 (d) The civil remedies provided in this section shall
17 be in addition to all other criminal penalties and civil
18 remedies provided by law.
19 REPORTS TO CONGRESS
20 SEC. 210. The Administrator shall submit a report to
21 the Congress, in January of each year and at such
22 other times as he may deem it desirable, regarding the ad-
2.3 ministration of his functions under this Act, together with
24 such recommendations for amendments to this Act as
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he may deem appropriate as the result of the administration
of this Act.
TITLE III-PROCUREMENT PROCEDURE
DECLARATION OF PURPOSE
SEC. 301. The purpose of this title is to facilitate the
procurement of supplies and services.
APPLICATION AND PROCUREMENT METHODS
SEC. 302. (a) The provisions of this title shall be ap-
9 plicable to purchases and contracts for supplies or services
made-
(1) by the General Services Agency for the use
12 of such agency or otherwise ; and
13 (2) by any other executive agency (except any
14 agency named in section 2 (a) of the Armed Services
15 Procurement Act of 1947) , to the extent of and in con-
16 formity with authority delegated by the Administrator
17 pursuant to the provisions of this subsection.
18 The Administrator may delegate to the head of any other
19 such agency authority to make purchases and contracts for
20 supplies or services ~ pursuant to the provisions of this title
21 (A) for the use of two or more executive agencies or (B)
22 in other cases upon a determination by the Administrator
23 that by reason of circumstances set forth in such determina-
24 tion such delegation is advantageous to the Government in
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terms of economy, efficiency, or national security. Notice
of every such delegation of authority so made shall be fur-
nished to the General Accounting Office.
(b) It is the declared policy of the Congress that a fair
proportion of the total purchases and contracts for supplies
and services for the Government shall be placed with small-
business concerns. Whenever it is proposed to make a
8 contract or purchase in excess of $10,000 by negotiation
and without advertising, pursuant to the authority of para-
graph (7) or (8) of section 302 (c) of this title, suitable
advance publicity, as determined by the agency head with
due regard to the type of supplies involved and other rel-
evant considerations, shall be given for a period of at least
fifteen days, wherever practicable, as determined by the
agency head.
(c) All purchases and contracts for supplies and serv-
ices shall be made by advertising, as provided in section 303,
except that such purchases and contracts may be negotiated
by the agency head without advertising if-
(1) determined to be necessary in the public
interest during the period of a national emergency
declared by the President or by the Congress;
(2) the public exigency will not admit of the delay
incident to advertising ;
(3) the aggregate amount involved does not exceed
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1 $1,000: Provided, That no agency other than the
2 General Services Agency shall make any purchase of,
3 or contract for, supplies or services in excess of $500
4 under this paragraph except in the exercise of authority
5 conferred by the Administrator to procure and furnish
6 supplies and services for the use of two or more executive
7 agencies;
(4) for personal or professional services;
(5) for any service to be rendered by any univer-
sity, college, or other educational institution;:
11 (6) the supplies or services are to be procured and
12 used outside the limits of the United States and its
13 possessions;
14 (7) for medicines or medical supplies;
15 (8) for supplies purchased for authorized resale ;
16 (9) for supplies or services for which it is imprac-
17 ticable. to secure competition ;
18 (10) the agency head determines that the purchase
19 or contract is for experimental, developmental, or re-
20 search work, or for the manufacture or furnishing of
22
24
25
supplies for experimentation, development, research, or
test: Provided, That beginning six months after the
effective date of this title and at the end of each six-
month period thereafter, there shall be furnished to the
Congress a report setting forth the name of each con-
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1 tractor with whom a contract has been entered into
2 pursuant to this paragraph (10) since the date of the
3 last such report, the amount of the contract, and, with
4 due consideration given to the national security, a de-
5 scription of the work required to be performed
6 thereunder;
(11) for supplies or services as to which the agency
8 head determines that the character, ingredients, or com-
9 ponents thereof are such that the purchase or contract
10 should not be publicly disclosed;
11, (12) for equipment which the agency head deter-
12 mines to be technical equipment, and as to which he
13 determines that the procurement thereof without ad-
14 vertising is necessary in special situations or in particular
15 localities in order to assure standardization of equipment
16 and interchangeability of parts and that such standard-
17 ization and interchangeability is necessary in the public
18 interest;
19 (13) for supplies or services as to which the agency
20 head determines that bid prices after advertising there-
21 for are not reasonable (either as to all or as to some part
22 of the requirements) or have not been independently
23 arrived at in open competition : Provided, That no
24 negotiated purchase or contract ma1y be entered into
25 under this paragraph after the rejection of all or some
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1 of the bids received unless (A) notification of the inten-
2 tion to negotiate and reasonable opportunity to negotiate
3 shall have been given by the agency head to each re-
4 sponsible bidder and (B) the negotiated price is the
5 lowest negotiated price offered by any responsible
6 supplier ; or
(14) otherwise authorized by law.
(d) If in the opinion of the agency head bids received
9 after advertising evidence any violation of the antitrust laws
10 he shall refer such bids to the Attorney General for appro-
11 priate action.
12 (e) This section shall not be construed to (A) authorize
13 the erection, repair, or furnishing of any public building or
14 public improvement, but such authorization shall be required
15 in the same manner as heretofore, or (B) permit any con-
16 tract for the construction or repair of buildings, roads, side-
17 walks, sewers, mains, or similar items to be negotiated with-
18 out advertising as required by section 303, unless such con-
19 tract is to be performed outside the continental United States
20 or unless negotiation of such contract is authorized by the
21 provisions of paragraph (1) , (2), (3), (9), (10), (11),
22 or (13) of subsection (c) of this section.
23 ADVERTISING REQUIREMENTS
24 SEC. 303. Whenever advertising is required-
25 (a) The advertisement for bids shall be made a sufficient
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-1 time previous to the purchase or contract, and specifications
2 and invitations for bids shall permit such full and free com-
3 petition as is consistent with the procurement. of types of
4 supplies and services necessary to meet the requirements of
5 the agency concerned.
6 (b) All bids shall be publicly opened at the time and
7 place stated in the advertisement. Award shall be made with
reasonable promptness by written notice to that responsible
9 bidder whose bid, conforming to the invitation for bids, will
10 be most advantageous to the Government, price and other
1-1 factors considered: Provided, That all bids may be rejected
-12 when the agency head determines that it is in the public
13 interest so to do.
14 REQUIREMENTS OF NEGOTIATED CONTRACTS
15 SEC. 304. (a) Except as provided in subsection (b)
16 of this section, contracts negotiated pursuant to section 302
17 (c) may be of any type which in the opinion of the agency
18 head will promote the best interests of the Government.
19 Every contract negotiated pursuant to section 302 (c) shall
20 contain a suitable warranty, as determined by the agency
21 head, by the contractor that no person or selling agency
22 has been employed or retained to solicit or secure such
23 contract upon an agreement or understanding for a commis
24 sion, percentage, brokerage, or contingent fee, excepting
25 bona fide employees or bona fide established commercial or
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1 selling agencies maintained by the contractor for the pur-
2 pose of securing business, for the breach or violation of
3 which warranty the Government shall have the right to
4 annul such contract without liability or in its discretion to
5 deduct from the contract price or consideration the full
6 amount of such commission, percentage, brokerage, or
7 contingent fee.
8 (b) The cost-plus-a-percentage-of-cost system of con-
9 tracting shall not be used, and in the case of a cost-plus-a-
10 fixed-fee contract the fee shall not exceed 10 per centum
11 of the estimated cost of the contract, exclusive of the fee,
12 as determined by the agency head at the time of entering
13 into such contract (except that a fee not in excess of 15
14 per centum of such estimated cost is authorized in any
15 such contract for experimental, developmental, or research
16 work and that a fee inclusive of the contractor's costs and
17 not in excess of 6 per centum of the estimated cost, exclu-
18 sive of fees, as determined by the agency head at the time
19 of entering into the contract, of the project to which such
20 fee is applicable is authorized in contracts for architectural
21 or engineering services relating to any public works or
22 utility project) . Neither a cost nor a cost-plus-a-fixed-fee
23 contract nor an incentive-type contract shall be used unless
24 the agency head determines that such method of contract-
25 ing is likely to be less costly than other methods or that
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1 it is impractical to secure supplies or services of the kind
2 or quality required without the use of a cost or cost-plus-
3 a-fixed.-fee contract or an incentive-type contract. All cost
4 and cost-plus-a-fixed-fee contracts shall provide for advance
5 notification by the contractor to the procuring agency of
6 any subcontract thereunder on a cost-plus-a-fixed-fee basis
7 and of any fixed-price subcontract or purchase order which
8 exceeds in dollar amount either '$25,000 or 5 per centum
of the total estimated cost of the prime contract; and a
1-0 procuring agency, through any authorized representative
11 thereof, shall have the right to inspect the plans and to audit
12 the books and records of any prime contractor or subcon-
13 tractor engaged in the performance of a cost or cost-plus-a-
14 fixed-fee contract.
15 ADVANCE PAYMENTS
16 SEC;. 305. (a) The agency head may make advance
17 payments under negotiated contracts heretofore or hereafter
18 executed in any amount not exceeding the contract price
19 upon such terms as the parties shall agree : Provided, That
20 advance payments shall be made only upon adequate security
21 and if the agency head. determines that provision for such
22 advance payments is in the public interest or in the interest
of the national defense and is necessary and appropriate in
order to procure required supplies or services under the
contract.
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1 (b) The terms governing advance payments may in-
2 elude as security provision for, and upon inclusion of such
3 provision there shall thereby he created, a lien in favor of
4 the Government, paramount to all other liens, upon the
5 supplies contracted for, upon the credit balance in any special
6 account in which such payments may be deposited and upon
7 such of the material and other property acquired for perform-
8 ance of the contract as the parties shall agree.
9 WAIVER OF LIQUIDATED DAMAGES
10 SEC. 306. Whenever any contract made. on behalf of
11 the Government b tl 1
d
y ie agency ica
or by officers authorized
by him so to do includes a provision for liquidated damages
13 for delay, the Comptroller General on the recommendation
14 of the agency bead is authorized and empowered to remit
15 the whole or any part of such damages as in his discretion
16 may be just and equitable.
17 ADMINISTRATIVE DETERMINATIONS AND DELEGATIONS
18 SEC. 307. (a) The determinations and decisions pro-
19 vided in this title to be made by the Administrator or other
20 agency head may be made with respect to individual pur-
21 chases and contracts or with respect to classes of purchases
22 or contracts, and shall be final. Except as provided in sub-
23 section (b) of this section, the agency head is authorized
24 to delegate his powers provided by this title, including the
25 making of such determinations and decisions, in his discre-
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1 tion and subject to his direction, to any other officer or
2 officers or officials of the agency.
3 (b) The power of the agency head to make the deter-
4 minations or decisions specified in paragraphs -(11) and
5 (12) of section 302 (c) and in section 305 (a) shall not
6 be delegable, and the power to make the determinations
7 or decisions specified in paragraph (10) of section 302 (c)
8 shall be delegable only to a chief officer responsible for
9 procurement and only with respect to contracts which will
10
not require the expenditure of more than $25,000. The
11 power of the Administrator to make the delegations and
12 determinations specified in section 302 (a) shall be delegable
13 only to the Deputy Administrator or to the chief official
14 of any principal organizational unit of the General Services
15 Agency.
16 (c) Each determination or decision required by para-
17 graphs (10) , (1t), 12), or (13) of section 3 02 (c), by
18 section 304 or by section 305 (a) shall be based upon
19 written findings made by the official making such deter-
20 mination, which findings shall be final and shall be available
21 within the agency for a period of at lease six years following
22 the date of the determination. A copy of the findings shall
23 be submitted to the General Accounting Office with the
24 contract.
25 (d) In any case where any purchase or contract is
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1 negotiated pursuant to the provisions of section 302 (c).,
2 except in a case covered by paragraphs (2), (3), (4),
3 (5), or (6) thereof, the data with respect to the negotiation
4 shall be preserved in the files of the agency for a period of
5 six years following final payment on such contract.
6 STATUTES CONTINUED IN EFFECT
7 SEC. 308. No purchase or contract shall be exempt
8 from the Act of June 30, 1936 (49 Stat. 2036, as amended;
9 411 U. S. C. 35 to 45), or from the Act of March 3, 1931
10 (46 Stat. 1494, as amended; 40 U. S. C. 276a to 276a-6),
11 solely by reason of having been entered into pursuant to sec-
12 tion 302 (c) hereof without advertising, and the provisions
13 of said Acts. and of the Act of June 19, 1912 (37 Stat. 137,
14 as amended; 40 U. S. C. 324 and 325a) , if otherwise
15 applicable, shall apply to such purchases and contracts.
16 DEFINITIONS
17 SEC. 309. As used in this title-
18 (a) The term "agency head" shall mean the head or
19 any assistant head of any executive agency, and may at the
20 option of the Administrator include the chief official of any
21 principal organizational unit of the General Services Agency.
22 (b) The term "supplies" shall mean all property except
23 land, and shall include, by way of description and without
24 limitation, public works, buildings, facilities, ships, floating
25 equipment, and vessels of every character, type and descrip-
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521 tion (except the categories of naval vessels named in section
2 3 (d) ) , aircraft, parts, accessories, equipment, machine tools
3 and alteration or installation thereof.
4 STATUTES NOT APPLICABLE
5 SEC. 310. The following provisions of law shall not
6 apply to the procurement of supplies or services (1) by
7 the. General Services Agency, or (2) within the scope of
8 authority delegated by the Administrator to any other
9
executive agency :
10
Revised Statutes, section 3709, as amended (41 U. S. C.
11
5
12
:Revised Statutes, section 3735 (41 V. S. C. 13)
13
Sections 1 and 2 of the Act of October 10, 1940 (54
14 Stat. 1109, as amended; 41 U. S. C. 6 and 6a) .
15 TITLE IV-FOREIGN EXCESS PROPERTY
16 DISPOSAL OF FOREIGN EXCESS PROPERTY
17 SEC. 401. Each executive agency having foreign excess
18 property shall be responsible for the disposal thereof : Pro-
19 vided, That (a) the head of each such executive agency
20 shall, with respect to the disposition of such property, con-
21 form to the foreign policy of the United States; (b) the
22 Secretary of State shall have the authority to use foreign
23 currencies and credits acquired by the United States under
24 section 402 (b) of this Act in order to effectuate the pur-
25 poses of section 32 (b) (2) of the Surplus Property Act
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1 of 1944, as amended, and the Foreign Service Buildings
2 Act' of May 7, 1926, as amended (including Public Law
3 547, Seventy-ninth Congress (60 Stat. 663)) , and for
4 the purpose of paying any other governmental expenses pay-
5 able in local currencies, and the authority to amend, modify,
6 and renew agreements in effect on the effective date of
7 this Act; (c) any foreign currencies or credits acquired
8 by the Department of State pursuant to such agreements
9 shall be administered in accordance with procedures that
10 may from time to time be established by the Secretary of
11 the Treasury and, if and when reduced to United States
12 currency, shall be covered into the Treasury as miscellaneous
13 receipts; and (d) the Department of State shall, except to
14 such extent as the President shall otherwise determine, con-
15 tinue to perform other functions with respect to agreements
16 for the disposal of foreign excess property in effect on the
17 effective date of this Act.
18 METHODS AND TERMS OF DISPOSAL
19 SEC. 402. Foreign excess property may be disposed of
20 (a) by sale, exchange, lease, or transfer, for cash, credit,
21 or other property, with or without warranty, and upon such
22 other terms and conditions as the head of the executive
23 agency concerned deems proper; but in no event shall any
24 agricultural commodity, food, or cotton or woolen goods be
25 sold without a condition forbidding their importation into
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10
14
15
16
17
the United States, unless the Secretary of Agriculture deter-
2 mines that such property is in short supply in this country,
3 or (b) for foreign currencies or credits, or substantial bene-
4 fits or the discharge of claims resulting from the compromise
5 or settlement of such claims by any executive agency in
6 accordance with the law, whenever the head of the execu-
7 tive agency concerned determines that it is in the interest
8 of the United States to do so. Such property may be dis-
posed of without advertising when the head of the executive
agency concerned finds so doing to be most practicable and
to. be advantageous to the Government. The head of each
12 executive agency responsible for the disposal of foreign
13 excess property may execute such documents for the transfer
of title or other interest in property and take such other
action as he deems necessary or proper to dispose of such
property; and may authorize the abandonment, destruction,
or donation of foreign excess property under his control
18 which has no commercial value or the estimated cost of
19 care and handling of which would exceed the estimated
20 proceeds from its sale.
PROCEEDS, FOREIGN CURRENCIES
Irl.
SEC. 403. Proceeds from the sale, lease, or other dis-
position of foreign excess property, (a) shall, if . in the
24 form of foreign currencies or credits, be administered in ac-
25 cordance with procedures that may from time to time be
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1 established by the Secretary of the Treasury, and (b) shall,
2. if in United States currency, or when any proceeds in foreign
3 currencies or credits shall be reduced to United States car-
4 rency, be covered into the Treasury as miscellaneous re-
5 ceipts: Provided, That the provisions of section 204 (b)
6 (which by their terms apply to property disposed of under
7 title II) shall be applicable to proceeds of foreign excess
8 property disposed of for United States currency under this
9 title IV: And provided further, That any executive agency
10 disposing of foreign excess property under this title (1) may
11 deposit, in a. special account with the Treasurer of the United
12 States, such amount of the proceeds of such dispositions
13 as it deems necessary to permit appropriate refunds to
14 purchasers when any disposition is rescinded or does not
15 become final, or payments for breach of any warranty, and
16 (2) may withdraw therefrom amounts so to be refunded. or
17 paid, without regard to the origin of the funds withdrawn.
18 MISCELLANEOUS PROVISIONS
19 SEC. 404. (a) The President may prescribe such poli-
20 Gies, not inconsistent with the provisions of this title, as he
21 shall deem necessary to effectuate the provisions of this title,
22 which provisions shall guide each executive agency in carry-
23 ing out its functions hereunder.
24 (b) Any authority conferred upon any executive agency
25 or the head thereof by the provisions of this title may be
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1 delegated, and successive redelegation thereof may be author-
2 ized, by such head to any official in such agency or to the
3 head, of any other executive agency.
4 (c) The head of each executive agency responsible for
5 the disposal of foreign excess property hereunder may, as
6 may be necessary to carry out his functions under this
7 title, (1) subject to the civil-service and classification laws,
-8 appoint and fix the compensation of personnel, and (2)
9 without regard to the civil-service and classification laws,
10 appoint and fix the compensation of personnel outside the
11 continental limits of the United States.
12 (d) Each executive agency responsible for the dis-
13 posal of foreign excess property under this title shall submit
14 a report to Congress in January of each year or at such other
15 time or times as he may deem desirable relative to its
:16 activities under this title,, together with any appropriate
17 recommendations.
18 (e) There shall be transferred from the Department of
19 State to? each other executive agency affected by this title
20 such records, property, personnel, obligations, commitments,
21 and unexpended balances of appropriations, allocations, and
22 other funds, available or to be made available, as the Direc-
23 tor of the Bureau of the Budget shall determine to relate' to
24 functions of such agency under this title which have here-
25 tofore been administered by the Department of State.
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1 TITLE V-GENERAL PROVISIONS
2 APPLICABILITY OF EXISTING PROCEDURES
3 SEC. 501. All policies, procedures, and directives
,4 prescribed-
5 (a) by either the Director, Bureau of Federal Sup-
6 ply, or the Secretary of the Treasury and relating to
7 any function transferred to or vested in the Adminis-
8 trator by the provisions of this Act;
9 (b) by any officer of the Government under the
10 authority of the Surplus Property Act of 1944, as
11 amended, or under other authority with respect to sur-
12 plus property or foreign excess property;
13 : (c) by or under authority of the Federal Works
14 Administrator or the head of any constituent agency of
15 the Federal Works Agency; and
16 (d) by the Archivist of the United States or any
17 other officer or body whose functions are transferred by
18 title I of this Act,
19 in effect upon the effective date of this Act and not incon-
20 sistent herewith, shall remain in full force and effect unless
21 and until superseded, or except as they may be amended,
22 under the authority of this Act or under other appropriate
23 authority.
25
REPEAL AND SAVING PROVISIONS
SEC. 502. (a) There are hereby repealed-
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1 (1) the Surplus Property Act of 1944, as amended
2 (except sections 13 (g), 13 (h), 28, and 32 (b)
3 (2) , and sections 501 and 502 of Reorganization
4 Plan Numbered 1 of 1947;
5 (2) that portion of the Act entitled "An Act mak-
ing supplemental appropriations for the Executive Office
7 and sundry independent executive bureaus, boards, com-
3 missions, and offices, for the fiscal year ending June
9 30, 1949, and for other purposes", approved June 30,
10 1948 (Public law 862, Eightieth' Congress), as
11 amended, appearing under the caption "Surplus prop-
12 erty disposal";
13 (3) the Act entitled "An Act to authorize the
14 Secretary of War to dispose of material no longer needed
15 by the Army", approved February 28, 1936 (49 Stat.
16 1147; 10 U. S. C. 1258) ;
17 (4) the Act entitled "An Act to authorize the
18 Secretary of the Navy to dispose of material no longer
19 needed by the Navy", approved May 23, 1930, as
20 amended (46 Stat. 378; 34 U. S. C. 546c) ;
21 (5) section 5 of the Act of July 11, 1919 (41
22 Stat. 67; 40 U. S. C. 311) ;
23 (6) section 1 of the Act of December 20, 1928
24 (45 Stat. 1030; 40 U. S. C. 311a)
25 (7) the Act entitled "An Act to authorize the
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,1 Secretary of the Army, the Secretary of the Navy, and
2 the Secretary of the Air Force to donate excess and
3 surplus property for educational purposes",. approved
4 July 2, 1948 (Public Law 889, Eightieth Congress) ;
5 (8) section 203 of the Act of June 26, 1943 (57
6 Stat. 195, as amended; 5 U. S. C. 118d-1) ;
7 (9) the Act of April 15, 1937 (50 Stat. 64; 5
8 U. S. C.118d);
(10) the second proviso contained in the para-
10 graph of the Act of August 10, 1912 (37 Stat. 296;
11 5 U. S. C. 545), headed "Contingent expenses, Depart-
12 anent of Agriculture" ;
13 (11) the second proviso contained in the twentieth
14 paragraph of section 1 of the Act of March 2, 1.917
15 (39 Stat. 973; 5 U. S. C. 494)
16 (12) the twenty-sixth paragraph under the head-
17 ing "National Parks" of the Act of January 24, 1923
1.8 (42 Stat. 1215; 16 U. S. C. 9) ;
19 (13) the fifth paragraph under the heading "Ex-
20 perirents and demonstrations in livestock production
21 in the cane-sugar and cotton districts of the United
22 States" of the Act of June 30, 1914 (38 Stat. 441; 5
23 U. S. C. 546) ;
24 (14) the proviso contained in the second para-
25 graph - under the heading "Library, Department of
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1 Agriculture" of the Act of March 4, 1915 (38- Stat.
2 11107; 5 U. S. C. 548) ;
3 (15) the second proviso contained in the second
4 paragraph under the heading "Clothing and camp and
5 garrison equipage" of section 1 of the Act of August
6 29, 1916 (39 Stat. 635; 10 U. S. C. 1271) ;
7 (16) the Act of May 11, 1939 (53 Stat. 739;
10 U. S. C. 1271a) ;
(17) the fifth paragraph under the heading "Office
of the Chief Signal Officer" of the Act of May 12, 1917
(40 Stat. 43, as amended; 10 U. S. C. 1272) ;
(18) the third proviso contained in the second
13 paragraph under the heading "Office of the Chief Signal
14 Officer" of the Act of March 4, 1915 (38 Stat. 1064;
15 10U.S.C.1273);
16 (19) the fourteenth paragraph under the heading
17 "Smithsonian Institution" of section 1 of the Act of
18 March 3, 1915 (38 Stat. 839; 20 U. S. C. 66) ;
19 (20) the second paragraph under the heading
20
"Government hospital for the insane" of section 1 of
the Act of August 1, 1914 (38 Stat. 649; 24 U. S. C.
173)
='3 (21) the second paragraph under the heading
24 "Saint Elizabeths Hospital" of section 1 of the Act of
25 June 12, 1917 (40 Stat. 153; 24 U. S. C. 1.74 ). ;
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(22) the proviso contained in the second para-
2 graph under the heading "Bureau of Supplies and Ac-
3 counts" of the Act of August 22, 1912 (37 Stat. 34,6;
4 34 U. S. C. 531a) ;
5 (23) the. second proviso- of the first paragraph
6 under the heading "Bureau of Yards and Docks" of
7 the Act of August 29, 1916 (34 U. S. C. 532) ;
17 (27) the third paragraph under the heading "In-
(24) the proviso contained in the second paragraph
under the heading "Maintenance, Quartermaster's De-
10 partment, Marine Corps" of the Act of March 4, 1917
11 (39 Stat. 1189; 34 U. S. C. 723) ;
12 (25) the twentieth paragraph under the heading
13 "Bureau of Mines" of section 1 of the Act of July 19,
14, 1919 (41 Stat. 200; 40 U. S. C. 118) ;
15 (26) the first sentence of section 5 of the Act of
16 March 4, 1915 (38 Stat. 1161; 41 U. S. C. 26) ;
terstate Commerce Commission" of section 1 of the Act
19 of August 1, 1914 (38 Stat. 627; 49 U. S. C. 58)
20 (28) the Act of June 6, 1941 (55 Stat. 247;
21 14 U., S. C. 31b)
22 (29) section 4 of the Act of June 17, 1910 (36
23 . Stat. 531; 41 U. S. C. 7) ;
24 (30) the Act of February 27, 1929 (45 Stat. 1341;
25 41 U. S. C. 7a, 7b, 7c, and 7d) ; and
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1 (31) section 1 of the Act of May 14, 1935 (49
2 Stat. 234; 41 U. S. C. 7c-1) .
(b) The provisions of the first, third, and fifth para-
4 graphs of section 1 of Executive Order Numbered 6166 of
5 June 10, 1933, are hereby superseded, insofar as they relate
6 to any function now administered by the Bureau of Federal
7 Supply except functions with respect to standard contract
S forms.
9 (c) The authority conferred by this Act is in addition
10 to any authority conferred by any other law and shall not
11 be subject to the provisions of any law inconsistent herewith,
except that sections 205 (b) and 206 (c) of this Act shall
13 not be applicable to any Government corporation or agency
14 which is subject to the Government Corporation Control Act
15 (59 Stat. 597; 31 U. S. C. 841).
a 6 (d) Nothing in this Act shall impair or affect any
17 authority of-
18 (1) the President under the Philippine Property
1`% Act of 1946 (60 Stat. 418; 22 U. S. C. 1381)
20 (2) any executive agency with respect to any phase
21 (:including, but not limited to, procurement, storage,
22 trans ortation rocessin and dis osal) of
a n
o
, r. g, p
p y pr
gram conducted for purposes of resale, price support,
grants to farmers,, stabilization, transfer to foreign gov-
ernments, or foreign aid, relief, or rehabilitation : Pro-
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1 vided, That the agency carrying out such program shall,
2 to the maximum extent practicable, consistent with the
3 fulfillment of the purposes of the program and the effec-
4 tive and efficient conduct of its business, coordinate its
5 operations with the requirements of this Act and the
6 policies and regulations prescribed pursuant thereto;
7 (3) any executive agency named in the Armed
8 Services Procurement Act of 1947, and the head thereof,
9 with respect to the administration of said Act;
-t0 (4) the National Military Establishment with re-
11 spect to property required for or located in occupied
12 territories;
13 (5) the Secretary of Defense with respect to the
14 administration of the National Industrial Reserve Act
15 of 1948;
16 (6) the Secretary of Defense, the Munitions Board,
17 and the Secretaries of the Army, Navy, and Air Force
18 with respect to the administration of the Strategic and
19 Critical Materials Stock Piling Act (60 Stat. 596),
20 and provided that any imported materials which the
21 authorized procuring agency shall certify to the Corn-
22 missioner of Customs to be strategic and critical ma-
23 terials procured under said Act may be entered, or
24 withdrawn from warehouse, free of duty;
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1 (7) the Secretary of State under the Foreign Serv-
2 ice Buildings Act of May 7, 1926, as amended;
3 (8) the Secretary of the Army and the Secretary
4 of the Air Force with respect to the administration of
5 section 1 (b) of the Act entitled "An Act to expedite
6 the. strengthening of the national defense", approved
7 July 2, 1940 (54 Stat. 712) ;
8 (9) the Secretary of Agriculture or the Depart-
9 ment of Agriculture under (A) the National School
10 Lunch Act (60 Stat. 230) ; (B) the Farmers Home
11 Administration Act of 1946 (60 Stat. 1062) ; (C) the
12 Act of August 31, 1947, Public Law 298, Eightieth
13 Congress, with respect to the disposal of labor supply
14 centers, and labor homes, labor camps, or facilities; (D)
15 section 32 of the Act of August 24, 1935 (49 Stat.
16 774), as amended, with respect to the exportation and
17 domestic consumption of agricultural products; or (E)
18 section 201 of the Agricultural Adjustment Act of
19 1938 (52 Stat. 36) or section 203 (j) of the Agri-
20 cultural Marketing Act of 1946 (60 Stat. 1082) ;
21 (10) the Secretary of Agriculture, Farm Credit
22 Administration, or any farm credit board under section
23 6 (b) of the Farm Credit Act of 1937 (50 Stat. 706),
24 with respect to the acquisition or disposal of property;
25 (11) the Housing and Home Finance Agency, or
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any officer or constituent agency therein, with respect
2 to the disposal of residential property, or of other prop-
3 erty (real or personal) held as part of or acquired for
4 or in connection with residential property, or in connec-
tion with the insurance of mortgages, loans, or savings
and loan accounts under the National Housing Act;
(12) the Tennessee Valley Authority with respect to
nonpersonal services, with respect to the matters referred
to in section 201 (a) (4), and with respect to any
10 property acquired or to be acquired for or in connection
11 with any program of processing, manufacture, produc-
12 Lion, or force account construction : Provided, That the
13 Tennessee Valley Authority shall to the maximum extent
14 that it may deem practicable, consistent with the fulfill-
1.5 ment of the purpose of its program and the effective
1.6 and efficient conduct of its business, coordinate its opera-
17 tions with the requirements of this Act and the policies
18 and regulations prescribed pursuant thereto;
19 (13) the Atomic Energy Commission;
20 (14) the Administrator of Civil Aeronautics or the
21 Chief of the Weather Bureau with respect to the dis-
22 posal of airport property and airway property for use
23 as such property. For the purpose of this paragraph
24 the terms "airport property" and "airway property"
25 shall. have the respective meanings ascribed to them in
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1 the International Aviation Facilities Act (62 Stat.
-2 450) ;
3 (15) the Postmaster General or the Postal Estab-
4 hishment with respect to the means and methods of
5 distribution and transportation of the mails, and con-
6 tracts, negotiations, and proceedings before Federal and
7 State regulatory and rate-making bodies, relating to the
8 transportation of the mails;
9 (16) except as provided in subsections (a) and
10 (b) hereof, any other law relating to the procurement,
11 utilization, or disposal of property : Provided, That,
12 subject to, and within the scope of authority conferred on
13 the Administrator by other provisions of this Act, he
14 is authorized to prescribe regulations to govern any pro-
15 curement, utilization, or disposal of property under any
16 such law, whenever but only to the extent he deems such
17 action necessary to effectuate the provisions of title II;
18 (17) the Central Intelligence Agency; nor
19 (18) for such period of time as the President may
20 specify, any other authority of any executive agency
21 which the President determines within one year after
22 the effective date of this Act should, in the public
23" interest, stand unimpaired by this Act.
24 (e) Section 3709, Revised Statutes, as amended (41
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1 U. S. C. 5), is amended by striking out "$100" wherever
2 it appears therein and inserting in lieu thereof "$500."
3 (f) The Administrator shall report to the Congress,
4 in January of each year, and at such other times as he may
5 deem it desirable, the laws becoming obsolete by reason of
6 the passage or operation of titles II and III of this Act.
7 AUTHORIZATION FOR APPROPRIATIONS AND TRANSFER
8 AUTHORITY
9 SEC. 503. (a) There are hereby authorized to be ap-
10 propriated such sums as may be necessary to carry out the
11 provisions of this Act.
12 (b) When. authorized by the Director of the Bureau
13 of the Budget, any Federal agency may use, for the dis-
14 . position of property under this Act, and for its care and
15 handling pending such disposition, any funds heretofore or
16 hereafter appropriated, allocated, or available to it for pur-
17 poses similar to those provided for in sections 201, 202,
18 203, and 205 of this Act.
19 SEPARABILITY
20 SEC. 504. If any provision of this Act, or the applica-
21 tion thereof to any person or circumstances, is held invalid,
22 the remainder of this Act, and the application of such
23 provision to other persons or circumstances, shall not be
24 affected thereby.
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1 EFFECTIVE DATE
2 Sic. 505. This Act shall become effective on July 1,
3 1949, except that the provisions of section 502 (a) (2)
4 (repealing prior law relating to the disposition of the affairs
5 of the War Assets Administration) shall become effective
6 on June 30, 1949.
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81sT CONGRESS
1ST SESSION.
Calendar No. 467
S-2020
[Report No.475]
A BILL
To simplify the procurement, utilization, and
disposal of Government property, to reor-
ganize certain agencies of the Government,
and for other purposes.
By Mr. MCCLELI.AN
Juicy 8 (legislative day, Juca 2), 1949
Read twice and placed on the calendar
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