81st cong., 1st sess.-chs. 287, 288-june 30, 1949...ices, other than personal and professional...

63 STAT.] 81ST CONG., 1ST SESS.-CHS. 287, 288-JUNE 30, 1949

by a wage board, or whose compensation is fixed without reference tothe Classification Act of 1923, as amended, or whose compensation islimited or fixed specifically by the provisions of the District of Colum-bia Appropriation Act, 1949: Provided, That the authority grantedby this section shall expire ninety days after the enactment of this Act.

SEC. 5. No additional compensation shall be payable by reason ofthe enactment of this Act for any period prior to the date of enact-ment hereof in the case of any person who is not an employee in orunder the municipal government of the District of Columbia on suchdate of enactment, except that such additional compensation shall bepaid a retired employee for services rendered between the first day ofthe first pay period which began after June 30, 1948, and the date ofhis retirement. No person whose salary or compensation is increasedby this Act shall be entitled to additional compensation for overtime,night, or holiday work, as provided in sections 201 203, 301, and 302of the Federal Employees Pay Act of 1945, as amended, or as providedin section 23 of the Act approved March 28, 1934, as amended (sec. 673c,United States Code), based on the additional compensation providedby this Act for any pay period ending prior to the date of enactmentof this Act.

Approved June 30, 1949.

[CHAPTER 288]AN ACT

To simplify the procurement, utilization, and disposal of Government property,to reorganize certain agencies of the Government, and for other purposes.

Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled,

SHORT TITLE

That this Act may be cited as the "Federal Property and Adminis-trative Services Act of 1949".

TABLE OF CONTENTS

Sec. 2. Declaration of policy.Sec. 3. Definitions.

TITLE I-ORGANIZATION

Sec. 101. General Services Administration.Sec. 102. Transfer of affairs of Bureau of Federal Supply.Sec. 103. Transfer of affairs of the Federal Works Agency.Sec. 104. Records management: Transfer of the National Archives.Sec. 105. Transfer for liquidation of the affairs of the War Assets Administration.Sec. 106. Redistribution of functions.Sec. 107. Transfer of funds.Sec. 108. Status of transferred employees.Sec. 109. General supply fund.

TITLE II-PBOPERTY MANAGEMENT

Sec. 201. Procurement, warehousing, and related activities.Sec. 202. Property utilization.Sec. 203. Disposal of surplus property.Sec. 204. Proceeds from transfer and disposition of property.Sec. 205. Policies, regulations, and delegations.Sec. 206. Surveys, standardization, and cataloging.Sec. 207. Applicability of antitrust laws.Sec. 208. Employment of personnel.Sec. 209. Civil remedies and penalties.Sec. 210. Reports to Congress.

377

42 Stat. 1488.5 U. S. C. § 661;

Supp. II, § 662 et seq.Post, p. 972.62 Stat. 537.

Restriction.Post, p. 951.

Overtime, etc.,work.

59 Stat. 296.6 U. S. C. §5 911,

913, 921, 922; Supp. II,922 note.48 Stat. 522.6 U. S. C. § 673c.

June 30, 1949[H. R. 4754]

[Public Law 152]

Federal Propertyand AdministrativeServices Act of 1949.

PUBLIC LAWS--CH. 288-JUNE 30, 1949

"Executlveagency."

"Federal agency."

"Administrator."

"Property."

"Excess property."

"Foreign excessproperty."

TITLE III-PROCUBEMENT 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 PROPERTr

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 PBOVISIONS

Sec. 501. Applicability of existing procedures.Sec. 502. Repeal and saving provisions.Sec. 503. Authorization for appropriations.Sec. 504. Separability.Sec. 505. Effective date.

DECLARATION OF POLICY

SEc. 2. It is the intent of the Congress in enacting this legislation toprovide for the Government an economical and efficient system for (a)the procurement and supply of personal property and nonpersonalservices, including related functions such as contracting, inspection,storage, issue, specifications, property identification and classification,transportation and traffic management, management of public utilityservices, repairing and converting, establishment of inventory levels,establishment of forms and procedures, and representation beforeFederal and State regulatory bodies; (b) the utilization of availableproperty; (c) the disposal of surplus property; and (d) recordsmanagement.

DEFINITIONS

SEC. 3. As used in this Act-(a) The term "executive agency" means any executive department

or independent establishment in the executive branch of the Govern-ment, including any wholly owned Government corporation.

(b) The term "Federal agency" means any executive agency or anyestablishment in the legislative or judicial branch of the Government(except the Senate and the House of Representatives).

(c) The term "Administrator" means the Administrator of GeneralServices provided for in title I hereof.

(d) The term "property" means any interest in property of anykind except (1) the public domain and lands reserved or dedicated fornational forest or national park purposes; and (2) naval vessels ofthe following categories: Battleships, cruisers, aircraft carriers,destroyers, and submarines.

(e) The term "excess property" means any property under the con-trol of any Federal agency which is not required for its needs and thedischarge of its responsibilities, as determined by the head thereof.

(f) The term "foreign excess property" means any excess propertylocated outside the continental United States, Hawaii, Alaska, PuertoRico, and the Virgin Islands.

378 [63 STAT.

63 STAT.] 81ST CONG., 1ST SESS.-CH. 288-JUNE 30, 1949

(g) The term "surplus property" means any excess property notrequired for the needs and the discharge of the responsibilities of allFederal agencies, as determined by the Administrator.

(h) The term "care and handling" includes completing, repairing,converting, rehabilitating, operating, preserving, protecting, insuring,packing, storing, handling, conserving, and transporting excess andsurplus property, and, in the case of property which is dangerous topublic health or safety, destroying or rendering innocuous suchproperty.

(i) The term "person" includes any corporation, partnership, firm,association, trust, estate, or other entity.

(j) The term "nonpersonal services" means such contractual serv-ices, other than personal and professional services, as the Adminis-trator shall designate.

(k) The term "contractor inventory" means (1) any propertyacquired by and in the possession of a contractor or subcontractorunder a contract pursuant to the terms of which title is vested in theGovernment, and in excess of the amounts needed to complete fullperformance under the entire contract; and (2) any property whichthe Government is obligated to take over under any type of contractas a result either of any changes in the specifications or plans there-under or of the termination of such contract (or subcontract there-under), prior to completion of the work, for the convenience or atthe option of the Government.

TITLE I-ORGANIZATION

GENERAL SERVICES ADMINISTRATION

SEC. 101. (a) There is hereby established an agency in the execu-tive branch of the Government which shall be known as the GeneralServices Administration.

(b) There shall be at the head of the General Services Administra-tion an Administrator of General Services who shall be appointed bythe President by and with the advice and consent of the Senate, andperform his functions subject to the direction and control of thePresident.

(c) There shall be in the General Services Administration a DeputyAdministrator of General Services who shall be appointed by theAdministrator of General Services. The Deputy Administrator shallperform such functions as the Administrator shall designate and shallbe Acting Administrator of General Services during the absence ordisability of the Administrator and, unless the President shall desig-nate another officer of the Government, in the event of a vacancy mthe office of Administrator.

(d) Pending the first appointment of the Administrator under theprovisions of this section, his functions shall be performed temporarilyby such officer of the Government in office upon or immediately priorto the taking of effect of the provisions of this Act as the Presidentshall designate, and such officer while so serving shall receive thesalary fixed for the Administrator.

(e) Pending the effective date of other provisions of law fixing therates of compensation of the Administrator, the Deputy Administra-tor and of the heads and assistant heads of the principal organizationalunits of the General Services Administration, and taking into consid-eration provisions of law governing the compensation of officers hav-ing comparable responsibilities and duties, the President shall fix foreach of them a rate of compensation which he shall deem to be com-mensurate with the responsibilities and duties of the respective officesinvolved.

379

"Surplus property."

"Care and han-dling."

"Person."

"Nonpersonal serv-ices."

"Contractor inven-tory."

Administrator.

Deputy Adminis-trator.

Temporary admin-istrator.

Compensation.

PUBLIC LAWS-CH. 288-JUNE 30, 1949

Post, pp. 383, 393,399.

Abolition of Bureauof Federal Supply.

61 Stat. 951.5 U.S. C., Supp. II,

§ 133y-16 note.Post, p. 399.

58 Stat. 651, 662.41 U.. .C . 113 (d);

Supp. II, 5§ 105, 113note.

Retention of essen-tial functionsby Treasury Depart-ment.

Bureau of PublicRoads.

Abolition of FederalWorks Agency.

TRANSFER OF AFFAIRS OF BUREAU OF FEDERAL SUPPLY

SEC. 102. (a) The functions of (1) the Bureau of Federal Supplyin the Department of the Treasury, (2) the Director of the Bureau ofFederal Supply, (3) the personnel of such Bureau, and (4) the Secre-tary of the Treasury, relating to the Bureau of Federal Supply, arehereby transferred to the Administrator. The records, property, per-sonnel, obligations, and commitments of the Bureau of Federal Supply,together with such additional records, property, and personnel of theDepartment of the Treasury as the Director of the Bureau of theBudget shall determine to relate primarily to functions transferred bythis section or vested in the Administrator by titles II, III, and V,of this Act, are hereby transferred to the General Services Adminis-tration. The Bureau of Federal Supply and the office of Director ofthe Bureau of Federal Supply are hereby abolished.

(b) The functions of the Director of Contract Settlement and of theOffice of Contract Settlement, transferred to the Secretary of theTreasury by Reorganization Plan Numbered 1 of 1947, are transferredto the Administrator and shall be performed by him or, subject to hisdirection and control, by such officers and agencies of the GeneralServices Administration as he may designate. The Contract Settle-ment Act Advisory Board created by section 5 of the Contract Settle-ment Act of 1944 (58 Stat. 649) and the Appeal Board establishedunder section 13 (d) of that Act are transferred from the Departmentof the Treasury to the General Services Administration, but the func-tions of these Boards shall be performed by them, respectively, underconditions and limitations prescribed by law. There shall also betransferred to the General Services Administration such records,property, personnel, obligations, commitments, and unexpended bal-ances (available or to be made available) of appropriations, alloca-tions, and other funds of the Treasury Department as the Director ofthe Bureau of the Budget shall determine to relate primarily to thefunctions transferred by the provisions of this subsection.

(c) Any other provision of this section notwithstanding, there maybe retained in the Department of the Treasury any function referredto in subsection (a) of this section which the Director of the Bureauof the Budget shall, within ten days after the effective date of this Actdetermine to be essential to the orderly administration of the affairsof the agencies of such Department, other than the Bureau of FederalSupply, together with such records, property, personnel, obligations,commitments, and unexpended balances of appropriations, allocations,and other funds, available or to be made available, of said Department,as said Director shall determine.

TRANSFER OF AFFAIRS OF THE FEDERAL WORKS AGENCY

SEC. 103. (a) All functions of the Federal Works Agency and ofall agencies thereof, together with all functions of the Federal WorksAdministrator, of the Commissioner of Public Buildings, and of theCommissioner of Public Roads, are hereby transferred to the Admin-istrator of General Services. There are hereby transferred to theGeneral Services Administration the Public Roads Administration,which shall hereafter be known as the Bureau of Public Roads, andall records, property, personnel, obligations, and commitments of theFederal Works Agency, including those of all agencies of the FederalWorks Agency.

(b) There are hereby abolished the Federal Works Agency, thePublic Buildings Administration, the office of Federal Works Admin-istrator, the office of Commissioner of Public Buildings, and the officeof Assistant Federal Works Administrator.

380 [63 STAT.


RECORDS MANAGEMENT: TRANSFER OF THE NATIONAL ARCHIVES

SEC. 104. (a) The National Archives Establishment and its func-tions, records, property, personnel, obligations, and commitments arehereby transferred to the General Services Administration. Thereare transferred to the Administrator (1) the functions of the Archivistof the United States, except that the Archivist shall continue to be amember or chairman, as the case may be, of the bodies referred to insubsection (b) of this section, and (2) the functions of the Directorof the Division of the Federal Register of the National ArchivesEstablishment. The Archivist of the United States shall hereafter beappointed by the Administrator.

(b) There are also transferred to the General Services Administra-tion the following bodies, together with their respective functions andsuch funds as are derived from Federal sources: (1) The NationalArchives Council and the National Historical Publications Commis-sion, established by the Act of June 19, 1934 (48 Stat. 1122), (2) theNational Archives Trust Fund Board, established by the Act of July9, 1941 (55 Stat. 581), (3) the Board of Trustees of the Franklin D.Roosevelt Library, established by the Joint Resolution of July 18, 1939(53 Stat. 1062), and (4) the Administrative Committee establishedby section 6 of the Act of July 26, 1935 (49 Stat. 501), which shallhereafter be known as the Administrative Committee of the FederalRegister. The authority of the Administrator under section 106hereof shall not extend to the bodies or functions affected by thissubsection.

(c) The Administrator is authorized (1) to make surveys of Gov-ernment records and records management and disposal practices andobtain reports thereon from Federal agencies; (2) to promote, incooperation with the executive agencies, improved records manage-ment practices and controls in such agencies, including the centralstorage or disposition of records not needed by such agencies for theircurrent use; and (3) to report to the Congress and the Director ofthe Bureau of the Budget from time to time the results of suchactivities.

TRANSFER FOR LIQUIDATION OF THE AFFAIRS OF THE WAR ASSETSADMINISTRATION

SEC. 105. The functions, records, property, personnel, obligations,and commitments of the War Assets Administration are hereby trans-ferred to the General Services Administration. The functions of theWar Assets Administrator are hereby transferred to the Administra-tor of General Services. The War Assets Administration, the office ofthe War Assets Administrator, and the office of Associate War AssetsAdministrator are hereby abolished. Personnel now holding appoint-ments granted under the second sentence of section 5 (b) of the Sur-plus Property Act of 1944, as amended, may be continued in such posi-tions or may be appointed to similar positions for such time as theAdministrator may determine.

REDISTRIBUTION OF FUNCTIONS

SEC. 106. The Administrator is hereby authorized, in his discretion,in order to provide for the effective accomplishment of the functionstransferred to or vested in him by this Act, and from time to time, toregroup, transfer, and distribute any such functions within the Gen-eral Services Administration. The Administrator is hereby author-ized to transfer the funds necessary to accomplish said functions andreport such transfers of funds to the Director of the Bureau of theBudget.

381

Appointment ofArchivist.

44 U.s. C. §. 300-300k; Supp. 1, § 300cet seq.

44 U. .0. a. § 300aa-300jj.

44 U. S. 0. 306.

AdministrativeCommittee of theFederal Register.

Infra.

Reports.

58 Stat. 768.50 U. S. a. app.

§ 1614; Supp. II, i 1614note.

Post, p. 399.

Transfer of funds.


Post, p. 384.

41 U. S. C., Supp.II, § 7e note.

Post, p. 401.Ante, p. 380.

Use of fuud.

Prices.

Payment by ad-vance of funds.

TRANSFER OF FUNDS

SEC. 107. (a) All unexpended balances of appropriations, alloca-tions, or other funds available or to be made available, for the use ofthe Bureau of Federal Supply, the War Assets Administration, theFederal Works Agency, and the National Archives Establishment,and so much of the other unexpended balances of appropriations, allo-cations, or other funds of the Department of the Treasury, availableor to be made available, as the Director of the Bureau of the Budgetshall determine to relate primarily to functions transferred to or vestedin the Administrator by the provisions of this Act, shall be transferredto the General Services Administration for use in connection with thefunctions to which such balances relate, respectively.

(b) When other functions are transferred to the General ServicesAdministration from any Federal agency, under section 201 (a) (2)or (3), or otherwise under this Act, there shall be transferred suchrecords, property, personnel, appropriations, allocations, and otherfunds of such agency to the General Services Administration as theDirector of the Bureau of the Budget shall determine to relate pri-marily to the functions so transferred.

STATUS OF TRANSFERRED EMPLOYEES

SEC. 108. Subject to other provisions of this title relating to per-sonnel, employees transferred by the provisions of this title shall bedeemed to be employees of the General Services Administration andtheir reappointment shall not be required by reason of the enactmentof this Act.

GENERAL SUPPLY FUND

SEC. 109. (a) There is hereby authorized to be set aside in theTreasury a special fund which shall be known as the General SupplyFund. Such fund shall be composed of the assets of the general sup-ply fund (including any surplus therein) created by section 3 of theAct of February 27, 1929 (45 Stat. 1342; 41 U. S. C. 7c), and trans-ferred to the Administrator by section 102 of this Act, and such sumsas may be appropriated thereto, and the fund shall assume all of theliabilities, obligations, and commitments of the general supply fundcreated by such Act of February 27, 1929. The capital of the GeneralSupplyI tunod shall be in an amount not greater than $75,000,000. TheGeneral Supply Fund shall be available for use by or under the direc-tion and control of the Administrator (1) for procuring personalproperty (including the purchase from or through the Public Printerof standard forms and blankbook work for field warehouse issue) andnonpersonal services for the use of Federal agencies in the proper dis-charge of their responsibilities, and (2) for paying all elements ofcost of the procurement, handling, and distribution thereof, exceptthat on and after July 1, 1950, those elements of cost which are deter-mined by the Administrator with the approval of the Director of theBureau of the Budget to be indirect or overhead costs shall not be paidfrom the fund.

(b) Payment by requisitioning agencies shall be at prices fixed bythe Administrator. Until July 1, 1950, such prices shall be fixed inaccordance with law and regulations applicable on the date of enact-ment of this Act to prices fixed by the Director of the Bureau of Fed-eral Supply. On and after such date, such prices shall be fixed atlevels so as to recover so far as practicable all costs except those whichare determined by the Administrator with the approval of the Directorof the Bureau of the Budget to be indirect or overhead costs. Requi-sitioning agencies shall pay by advance of funds in all cases where

382 [63 STAT.

63 STAT.] 81ST CONG., IST SESS.-CH. 288-JUNE 30, 1949

it is determined by the Administrator that there is insufficient capitalotherwise available in the General Supply Fund. Advances of fundsalso may be made by agreement between the requisitioning agenciesand the Administrator. Where an advance of funds is not made,requisitioning agencies shall promptly reimburse the General ServicesAdministration on vouchers prepared by the requisitioning agency onthe basis of itemized invoices submitted by the Administrator andreceiving reports evidencing the delivery to the requisitioning agencyof such supplies or services: Provided, That in any case where pay-ment shall not have been made by the requisitioning agency withinforty-five days after the date of billing by the Administrator, reim-bursement may be obtained by the Administrator by the issuance oftransfer and counterwarrants supported by itemized invoices.

(c) The General Supply Fund shall be credited with all reimburse- Creditments, advances of funds, and refunds or recoveries relating to sup-plies or services procured through the fund, including the net proceedsof disposal of surplus supplies procured through the fund and receiptsfrom carriers and others for loss of, or damage to, supplies procuredthrough the fund; and the same are hereby reappropriated for thepurposes of the fund.

(d) A special deposit account may be established as a part of the SpeciaGeneral Supply Fund with the Treasurer of the United States for use count.by the chief disbursing officer or any regional disbursing officer,Department of the Treasury, which may be credited with (1) fundsadvanced from the General Supply Fund account on the books of theDivision of Bookkeeping and Warrants and (2) other funds properlyfor credit to the General Supply Fund without being covered into theTreasury of the United States; and such special deposit account maybe charged with payments properly chargeable to the General SupplyFund.

(e) The Comptroller General of the United States shall make an Annuaannual audit of the General Supply Fund as of June 30, and there Comptro

shall be covered into the United States Treasury as miscellaneousreceipts any surplus found therein, all assets, liabilities, and priorlosses considered, above the amounts transferred or appropriated toestablish and maintain said fund, and the Comptroller General shall Report

report to the Congress annually the results of the audit, together withsuch recommendations as he may have regarding the status and oper-ations of the fund.

(f) Subject to the requirements of subsections (a) to (e), inclusive, udditicof this section, the General Supply Fund also may be used for theprocurement of supplies and nonpersonal services authorized to beacquired by mixed-ownership Government corporations, or by themunicipal government of the District of Columbia, or by a requisi-tioning non-Federal agency when the function of a Federal agencyauthorized to procure for it is transferred to the General ServicesAdministration: Provided, That the prices charged by the Adminis- Pri ces,trator in such cases shall be fixed at levels which he estimates will besufficient to recover, in addition to the direct costs of the procurement,handling and distribution of such supplies and services, the indirectand overhead costs that the Administrator determines are allocablethereto.

TITLE II-PROPERTY MANAGEMENT

PROCUREMENT, WAREHOUSING, AND RELATED ACrIVITIES

SEC. 201. (a) The Administrator shall, in respect of executive agen-cies, and to the extent that he determines that so doing is advantageous

383

ing of funds.

1 deposit ac-

1 audit byH1er General.

to Congress.

)nal use of


to the Government in terms of economy, efficiency, or service, and withdue regard to the program activities of the agencies concerned-

(1) prescribe policies and methods of procurement and supplyof personal property and nonpersonal services, including relatedfunctions such as contracting, inspection, storage, issue, propertyidentification and classification, transportation and traffic man-agement, management of public utility services, and repairingand converting; and

(2) operate, and, after consultation with the executive agenciesaffected, consolidate, take over, or arrange for the operation byany executive agency of warehouses, supply centers, repair shops,fuel yards, and other similar facilities; and

(3) procure and supply personal property and nonpersonalservices for the use of executive agencies in the proper dischargeof their responsibilities, and perform functions related to procure-ment and supply such as those mentioned above in subparagraph

Time limitation. (1): Provided, That contracts for public utility services may bemade for periods not exceeding ten years; and

(4) with respect to transportation and other public utilityservices for the use of executive agencies, represent such agenciesin negotiations with carriers and other public utilities and in pro-ceedings involving carriers or other public utilities before Federaland State regulatory bodies;

Exemption. Provided, That the Secretary of Defense may from time to time, andunless the President shall otherwise direct, exempt the National Mili-tary Establishment from action taken or which may be taken by theAdministrator under clauses (1), (2), (3), and (4) above wheneverhe determines such exemption to be in the best interests of nationalsecurity.

Services to other (b) The Administrator shall as far as practicable provide any ofgencies. the services specified in subsection (a) of this section to any other

Federal agency, mixed ownership corporation (as defined in the Gov-59 Sat. 6. ernment Corporation Control Act), or the District of Columbia, or

3 .. c. 6. the Senate, or the House of Representatives, upon its request.Exchangeallow- (C) In acquiring personal property, any executive agency, under

regulations to be prescribed by the Administrator, may exchange orsell similar items and may apply the exchange allowance or proceedsof sale in such cases in whole or in part payment for the property

Evidenceinwriting. acquired: Provided, That any transaction carried out under theauthority of this subsection shall be evidenced in writing.

PROPERTY UTILIZATION

SEC. 202. (a) In order to minimize expenditures for property, theAdministrator shall prescribe policies and methods to promote themaximum utilization of excess property by executive agencies, andhe shall provide for the transfer of excess property among Federalagencies.

Reuponsibilityofex- (b) Each executive agency shall (1) maintain adequate inventorycontrols and accountability systems for the property under its control,(2) continuously survey property under its control to determine whichis excess property, and promptly report such property to the Admin-istrator, (3) perform the care and handling of such excess property,and (4) transfer or dispose of such property as promptly as possiblein accordance with authority delegated and regulations prescribedby the Administrator.

roepirtyweithion (c) Each executive agency shall, as far as practicable, (1) makegency. reassignments of property among activities within the agency when

such property is determined to be no longer required for the purposes

a

a

e

Pa

384 [63 STAT.


of the appropriation from which it was purchased, (2) transfer excessproperty under its control to other Federal agencies, and (3) obtainexcess property from other Federal agencies.

(d) Under existing provisions of law and procedures defined by theSecretary of Defense, and without regard to the requirements of thissection except subsection (f), excess property of one of the depart-ments of the National Military Establishment may be transferred toanother department thereof.

(e) Transfers of excess property between Federal agencies (excepttransfers for redistribution to other Federal agencies or for disposalas surplus property) shall be at the fair value thereof, as determinedby, or pursuant to regulations of, the Administrator, unless suchtransfer is otherwise authorized by any law approved subsequent toJune 21, 1944, to be without reimbursement or transfer of funds.

(f) The Director of the Bureau of the Budget shall prescribe regu-lations providing for the reporting to said Director by executive agen-cies of such reassignments or transfers of property between activitiesfinanced by different appropriations as he shall deem appropriate, andthe reassignments and transfers so reported shall be reported to theCongress in the annual budget or otherwise as said Director maydetermine.

(g) Whenever the Administrator determines that the temporaryassignment or reassignment of any space in excess real property toany Federal agency for office, storage, or related facilities would bemore advantageous than the permanent transfer of such property, hemay make such assignment or reassignment for such period of timeas he shall determine and obtain, in the absence of appropriation avail-able to him therefor, appropriate reimbursement from the using agencyfor the expense of maintaining such space.

(h) The Administrator may authorize the abandonment, destruc-tion, or donation to public bodies of property which has no commercialvalue or of which the estimated cost of continued care and handlingwould exceed the estimated proceeds from its sale.

DISPOSAL OF SURPLUS PROPERTY

SEC. 203. (a) Except as otherwise provided in this section, theAdministrator shall have supervision and direction over the disposi-tion of surplus property. Such property shall be disposed of to suchextent, at such time, in such areas, by such agencies, at such terms andconditions, and in such manner, as may be prescribed in or pursuantto this Act.

(b) The care and handling of surplus property, pending its dispo-sition, and the disposal of surplus property, may be performed by theGeneral Services Administration or, when so determined by theAdministrator, by the executive agency in possession thereof or byany other executive agency consenting thereto.

(c) Any executive agency designated or authorized by the Admin-istrator to dispose of surplus property may do so by sale, exchange,lease, permit, or transfer, for cash, credit, or other property, with orwithout warranty, and upon such other terms and conditions as theAdministrator deems proper, and it may execute such documents forthe transfer of title or other interest in property and take such otheraction as it deems necessary or proper to dispose of such propertyunder the provisions of this title.

(d) A deed, bill of sale, lease, or other instrument executed by or onbehalf of any executive agency purporting to transfer title or anyother interest in surplus property under this title shall be conclusive

81939°-50--PT. I-25

385

Property of NationalMilitary Establish-ment.

Transfer of excessproperty.

Report to Congress.

Temporary assign-ment of space.

Abandonment, etc.,of property.

Care and handling.

Terms and condi-tions of disposal.


Advertising.

Contractor inven-tories.

Consultation withSecretary of Agricul-ture.

Disposal of agricul-tural commodities.

Post, p. 389.

Disposal of vessels.

49 Stat. 1985.46 U. S. C. § 1101 et

seq.; Supp. II, § 1116act seq.

Donations foreduca-tional purposes.

Allocation of prop-erty.

53 Stat. 33.26 U. . c. o101 (6).

evidence of compliance with the provisions of this title insofar as con-cerns title or other interest of any bona fide grantee or transferee forvalue and without notice of lack of such compliance.

(e) Unless the Administrator shall determine that disposal by adver-tising will in a given case better protect the public interest, surplusproperty disposals may be made without regard to any provision ofexisting law for advertising until 12 o'clock noon, eastern standardtime, December 31,1950.

(f) Subject to regulations of the Administrator, any executiveagency may authorize any contractor with such agency or subcon-tractor thereunder to retain or dispose of any contractor inventory.

(g) The Administrator, in formulating policies with respect to thedisposal of surplus agricultural commodities, surplus foods processedfrom agricultural commodities, and surplus cotton or woolen goods,shall consult with the Secretary of Agriculture. Such policies shall beso formulated as to prevent surplus agricultural commodities, or sur-plus food processed from agricultural commodities, from being dumpedon the market in a disorderly manner and disrupting the market pricesfor agricultural commodities.

(h) Whenever the Secretary of Agriculture determines such actionto be required to assist him in carrying out his responsibilities withrespect to price support or stabilization, the Administrator shalltransfer without charge to the Department of Agriculture any surplusagricultural commodities, foods, or cotton or woolen goods to be dis-posed of. Receipts resulting from disposal by the Department of Agri-culture under this subsection shall be deposited pursuant to any author-ity available to the Secretary of Agriculture, except that net proceedsof any sale of surplus property so transferred shall be credited pur-suant to section 204 (b), when applicable. Surplus farm commoditiesso transferred shall not be sold, other than for export, in quantitiesin excess of, or at prices less than, those applicable with respect tosales of such commodities by the Commodity Credit Corporation.

(i) The United States Maritime Commission shall dispose of sur-plus vessels of one thousand five hundred gross tons or more whichthe Commission determines to be merchant vessels or capable of con-version to merchant use, and such vessels shall be disposed of only inaccordance with the provisions of the Merchant Marine Act, 1936,as amended, and other laws authorizing the sale of such vessels.

(j) (1) Under such regulations as he may prescribe, the Adminis-trator is authorized in his discretion to donate for educational pur-poses in the States, Territories, and possessions without cost (exceptfor costs of care and handling) such equipment, materials, books,or other supplies under the control of any executive agency as shallhave been determined to be surplus property and which shall havebeen determined under paragraph 2 or paragraph 3 of this subsectionto be usable and necessary for educational purposes.

(2) Determination whether such surplus property (except surplusproperty donated in conformity with paragraph 3 of this subsection)is usable and necessary for educational purposes shall be made by theFederal Security Administrator, who shall allocate such property onthe basis of needs and utilization for transfer by the Administratorof General Services to tax-supported school systems, schools, colleges,and universities, and to other nonprofit schools, colleges, and universi-ties which have been held exempt from taxation under section 101 (6)of the Internal Revenue Code, or to State departments of educationfor distribution to such tax-supported and nonprofit school systems,schools, colleges, and universities; except that in any State whereanother agency is designated by State law for such' purpose such

386 [63 STAT.


transfer shall be made to said agency for such distribution within theState.

(3) In the case of surplus property under the control of theNational Military Establishment, the Secretary of Defense shall deter-mine whether such property is usable and necessary for educationalactivities that are of special interest to the armed services, such asmaritime academies or military, naval, Air Force, or Coast Guardpreparatory schools. If such Secretary shall determine that suchproperty is usable and necessary for such purposes, he shall allocateit for transfer by the Administrator to such educational activities.If he shall determine that such property is not usable and necessaryfor such purposes, it may be disposed of in accordance with paragraph2 of this subsection.

(k) (1) Under such regulations as he may prescribe, the Admin-istrator is authorized, in his discretion, to assign to the FederalSecurity Administrator for disposal such surplus real property,including buildings, fixtures, and equipment situated thereon, as isrecommended by the Federal Security Administrator as being neededfor school, classroom, or other educational use, or for use in the protec-tion of public health, including research.

(A) Subject to the disapproval of the Administrator withinthirty days after notice to him by the Federal Security Admin-istrator of a proposed transfer of property for school, class-room, or other educational use, the Federal Security Adminis-trator, through such officers or employees of the Federal SecurityAgency as he may designate, may sell or lease such real property,including buildings, fixtures, and equipment situated thereon, foreducational purposes to the States and their political subdivi-sions and instrumentalities, and tax-supported educational insti-tutions, and to other nonprofit educational institutions whichhave been held exempt from taxation under section 101 (6) ofthe Internal Revenue Code.

(B) Subject to the disapproval of the Administrator withinthirty days after notice to him by the Federal Security Adminis-trator of a proposed transfer of property for public-health use,the Federal Security Administrator, through such officers oremployees of the Federal Security Agency as he may designate,may sell or lease such real property for public-health purposes,including research. to the States and their political subdivisionsand instrumentalities, and to tax-supported medical institutions,and to hospitals or other similar institutions not operated forprofit which have been held exempt from taxation under section101 (6) of the Internal Revenue Code.

(C) In fixing the sale or lease value of property to be disposedof under subparagraph (A) and subparagraph (B) of this para-graph, the Federal Security Administrator shall take into consid-eration any benefit which has accrued or may accrue to the UnitedStates from the use of such property by any such State, politicalsubdivision, instrumentality, or institution.

(D) "States" as used in this subsection includes the District ofColumbia and the Territories and possessions of the United States.

(2) Subject to the disapproval of the Administrator within thirtydays after notice to him of any action to be taken under thissubsection-

(A) The Federal Security Administrator, through such officersor employees of the Federal Security Agency as he may designate,in the case of property transferred pursuant to the SurplusProperty Act of 1944, as amended, and pursuant to this Act,

387

Educational activi-ties of armed services.

Disposal of surplusreal property.

53 Stat. 33.26 U. S. C. § 101 (6).

53 Stat. 33.26 U. S. C. § 101 (6).

"States."

58 Stat. 765.50 U. S. 0. app.

ii 1611-1646; 8upp. ]t1 1612 et seq.

Pot, p. 390.


68 Stat. 765.50 U. 8. 0. app.

5 1611-1646; Supp. II,1612 It seq.Post, p. 399.

58 Stat. 765.60 U. S. C. app.

5 1611-1646; Supp. II,1612 e seq.Post, p. 399.

58 Stat. 765.50 U. S. 0. app.

5§ 1611-1646; Supp. II,1612 t seq.Pot, p. 399.

Protection of Inter-ests of U. 8.

Unclaimed property.

to States, political subdivisions, and instrumentalities thereof,and tax-supported and other nonprofit educational institutions forschool, classroom, or other educational use;

(B) the Federal Security Administrator, through such officeror employees of the Federal Security Agency as he may designate,in the case of property transferred pursuant to the SurplusProperty Act of 1944, as amended, and pursuant to this Act,to States, political subdivisions and instrumentalities thereof,tax-supported medical institutions, and to hospitals and othersimilar institutions not operated for profit, for use in the pro-tection of public health (including research);

(C) the Secretary of the Interior, in the case of property trans-ferred pursuant to the Surplus Property Act of 1944, as amended,and pursuant to this Act, to States, political subdivisions, andinstrumentalities thereof, and municipalities for use as a publicpark, public recreational area, or historic monument for thebenefit of the public; or

(D) the Secretary of Defense, in the case of property trans-ferred pursuant to the Surplus Property Act of 1944, as amended,to States, political subdivisions, and tax-supported instrumentali-ties thereof for use in the training and maintenance of civiliancomponents of the armed forces,

is authorized and directed-(i) to determine and enforce compliance with the terms, condi-

tions, reservations, and restrictions contained in any instrumentby which such transfer was made;

(ii) to reform, correct, or amend any such instrument by theexecution of a corrective, reformative, or amendatory instrumentwhere necessary to correct such instrument or to conform suchtransfer to the requirements of applicable law; and

(iii) to (I) grant releases from any of the terms, conditions,reservations, and restrictions contained in, and (II) convey, quit-claim, or release to the transferee or other eligible user any rightor interest reserved to the United States by, any instrument bywhich such transfer was made, if he determines that the propertyso transferred no longer serves the purpose for which it wastransferred, and that such release, conveyance, or quitclaim deedwill not prevent accomplishment of the purpose for which suchproperty was so transferred: Provided, That any such release,conveyance, or quitclaim deed may be granted on, or made sub-ject to, such terms and conditions as he shall deem necessary toprotect or advance the interests of the United States.

(1) The Administrator is authorized to take possession of abandonedand other unclaimed property on premises owned or leased by the Gov-ernment, to determine when title thereto vested in the United States,and to utilize, transfer or otherwise dispose of such property. Formerowners of such property upon proper claim filed within three yearsfrom the date of vesting of title in the United States shall be paidthe proceeds realized from the disposition of such property or, if theproperty is used or transferred, the fair value therefor as of thetime title was vested in the United States as determined by the Admin-istrator, less in either case the costs incident to the care and handlingof such property as determined by the Administrator.

PROCEEDS FROM TRANSFER OR DISPOSITION OF PROPERTY

SEC. 204. (a) All proceeds under this title from any transfer ofexcess property to a Federal agency for its use, or from any sale,lease, or other disposition of surplus property, shall be covered into

388 [63 STAT.


the Treasury as miscellaneous receipts, except as provided in subsec-tions (b), (c), (d), and (e) of this section.

(b) Where the property transferred or disposed of was acquired bythe use of funds either not appropriated from the general fund of theTreasury or appropriated therefrom but by law reimbursable fromassessment, tax, or other revenue or receipts, then the net proceeds ofthe disposition or transfer shall be credited to the reimbursable fund orappropriation or paid to the Federal agency which determined suchproperty to be excess: Provided, That the proceeds shall be creditedto miscellaneous receipts in any case when the agency which deter-mined the property to be excess shall deem it uneconomical or imprac-tical to ascertain the amount of net proceeds. As used in this sub-section, the term "net proceeds of the disposition or transfer" meansthe proceeds of the disposition or transfer minus all expenses incurredfor care and handling and disposition or transfer.

(c) Any Federal agency disposing of surplus property under thistitle (1) may deposit, in a special account with the Treasurer of theUnited States, such amount of the proceeds of such dispositions as itdeems necessary to permit appropriate refunds to purchasers when anydisposition is rescinded or does not become final, or payments forbreach of any warranty, and (2) may withdraw therefrom amountsso to be refunded or paid, without regard to the origin of the fundswithdrawn.

(d) Where any contract entered into by an executive agency or anysubcontract under such contract authorizes the proceeds of any sale ofproperty in the custody of the contractor or subcontractor to be creditedto the price or cost of the work covered by such contract or subcontract,the proceeds of any such sale shall be credited in accordance with thecontract or subcontract.

(e) Any executive agency entitled to receive cash under any contractcovering the lease, sale or other disposition of surplus property may inits discretion accept, in lieu of cash, any property determined by theMunitions Board to be strategic or critical material at the prevailingmarket price thereof at the time the cash payment or payments becameor become due.

(f) Where credit has been extended in connection with any disposi-tion of surplus property under this title or by War Assets Adminis-tration (or its predecessor agencies) under the Surplus Property Actof 1944, or where such disposition has been by lease or permit, theAdministrator shall administer and manage such credit, lease, or per-mit, and any security therefore and may enforce, adjust, and settleany right of the Government with respect thereto in such manner andupon such terms as he deems in the best interest of the Government.

POLICIES, REGULATIONS, AND DELEGATIONS

SEC. 205. (a) The President may prescribe such policies and direc-tives, not inconsistent with the provisions of this Act, as he shall deemnecessary to effectuate the provisions of this Act, which policies anddirectives shall govern the Administrator and executive agencies incarrying out their respective functions hereunder.

(b) The Comptroller General after considering the needs andrequirements of the executive agencies shall prescribe principles andstandards of accounting for property, cooperate with the Adminis-trator and with the executive agencies in the development of propertyaccounting systems, and approve such systems when deemed to be ade-quate and in conformity with prescribed principles and standards.From time to time the General Accounting Office shall examine suchproperty accounting systems as are established by the executive agen-

389

Crediting of reim-bursable funds.

"Net proceeds of thedisposition or trans-fer."

Refunds to pur-chasers.

Proceeds from con-tractors' sales.

Payment in lieu ofcash.

58 Stnt. 765.50 U. 8. C. app.

o 1611-1646; Supp. n,1612 et s.Port, p. 399.

Property account-ing systems.

Examination byGAO.


cies to determine the extent of compliance with prescribed principlesReport to congress. and standards and approved systems, and the Comptroller General

shall report to the Congress any failure to comply with such principlesand standards or to adequately account for property.

(c) The Administrator shall prescribe such regulations as he deemsnecessary to effectuate his functions under this Act, and the head ofeach executive agency shall cause to be issued such orders and direc-tives as such head deems necessary to carry out such regulations.

Delegation of au- (d) The Administrator is authorized to delegate and to authorizethority. successive redelegation of any authority transferred to or vested in

him by this Act (except for the authority to issue regulations on mat-ters of policy having application to executive agencies, the authority

Ante, p. 381. contained in section 106, and except as otherwise provided in this Act)to any official in the General Services Administration or to the headof any other Federal agency.

Designation ofother (e) With respect to any function transferred to or vested in theGeneral Services Administration or the Administrator by this Act,the Administrator may (1) direct the undertaking of its performanceby the General Services Administration or by any constituent organi-zation therein which he may designate or establish; or (2) designateand authorize any executive agency to perform such function foritself; or (3) designate and authorize any other executive agency toperform such function; or (4) provide for such performance by anycombination of the foregoing methods. Any designation or assign-ment of functions or delegation of authority to another executiveagency under this section shall be made only with the consent of theexecutive agency concerned or upon direction of the President.

Transfer of person- (f) When any executive agency (including the General ServicesAdministration and constituent organizations thereof) is authorizedand directed by the Administrator to carry out any function underthis Act, the Administrator may, with the approval of the Directorof the Bureau of the Budget, provide for the transfer of appropriatepersonnel, records, property, and allocated funds of the GeneralServices Administration, or of such other executive agency as hastheretofore carried out such function, to the executive agency soauthorized and directed.

Advisory commit- (g) The Administrator may establish advisory committees to advisewith him with respect to any function transferred to or vested in theAdministrator by this Act. The members thereof shall serve withoutcompensation but shall be entitled to transportation and not to exceed$25 per diem in lieu of subsistence, as authorized by section 5 of the

60 stat. 808. Act of August 2, 1946 (5 U. S. C. 73b-2), for persons so serving.Consultations. (h) The Administrator shall advise and consult with interested

Federal agencies with a view to obtaining their advice and assistancein carrying out the purposes of this title.

SURVEYS, STANDARDIZATION AND CATALOGING

SEC. 206. (a) As he may deem necessary for the effectuation of hisfunctions under this title, and after adequate advance notice to theexecutive agencies affected, and with due regard to the requirementsof the National Military Establishment as determined by the Secretaryof Defense, the Administrator is authorized (1) to make surveys ofGovernment property and property management practices and obtainreports thereon from executive agencies; (2) to cooperate with execu-tive agencies in the establishment of reasonable inventory levels for

Report. property stocked by them and from time to time report any excessivestocking to the Congress and to the Director of the Bureau of theBudget; (3) to establish and maintain such uniform Federal supply

390 [63 STAT.


catalog system as may be appropriate to identify and classify personalproperty under the control of Federal agencies: Provided, That theAdministrator and the Secretary of Defense shall coordinate the cata-loging activities of the General Services Administration and theNational Military Establishment so as to avoid unnecessary duplica-tion; and (4) to prescribe standardized forms and procedures, exceptsuch as the Comptroller General is authorized by law to prescribe, andstandard purchase specifications.

(b) Each Federal agency shall utilize such uniform Federal supplycatalog system and standard purchase specifications, except as theAdministrator, taking into consideration efficiency, economy, and otherinterests of the Government, shall otherwise provide.

(c) The General Accounting Office shall audit all types of propertyaccounts and transactions at such times and in such manner as deter-mined by the Comptroller General. Such audit shall be conducted asfar as practicable at the place or places where the property or recordsof the executive agencies are kept and shall include but not necessarilybe limited to an evaluation of the effectiveness of internal controls andaudits, and a general audit of the discharge of accountability forGovernment-owned or controlled property based upon generallyaccepted principles of auditing.

APPLICABILITY OF ANTITRUST LAWS

SEC. 207. Whenever any executive agency shall begin negotiationsfor the disposition to private interests of a plant or plants, or otherproperty, which cost the Government $1,000,000 or more, or of patents,processes, techniques, or inventions, irrespective of cost, the executiveagency shall promptly notify the Attorney General of the proposeddisposal and the probable terms or conditions thereof. Within areasonable time, in no event to exceed sixty days after receiving suchnotification, the Attorney General shall advise the Administrator andthe interested executive agency whether, insofar as he can determine,the proposed disposition would tend to create or maintain a situationinconsistent with the antitrust laws. Upon the request of the AttorneyGeneral, the Administrator or interested executive agency shall fur-nish or cause to be furnished such information as it may possess whichthe Attorney General determines to be appropriate or necessary toenable him to give the advice called for by this section or to determinewhether any other disposition or proposed disposition of surplusproperty violates the antitrust laws. Nothing in this Act shallimpair, amend, or modify the antitrust laws or limit and prevent theirapplication to persons who buy or otherwise acquire property underthe provisions of this Act. As used in this section the term "antitrustlaws" includes the Act of July 2, 1890 (ch. 647, 26 Stat. 209), asamended; the Act of October 15, 1914 (ch. 323, 38 Stat. 730), asamended; the Federal Trade Commission Act (38 Stat. 717), asamended; and sections 73 and 74 of the Act of August 27, 1894(28 Stat. 570), as amended.

EMPLOYMENT OF PERSONNEL

SEC. 208. (a) The Administrator is authorized, subject to the civil-service and classification laws, to appoint and fix the compensation ofsuch personnel as may be necessary to carry out the provisions of titlesI, II, III, and V of this Act.

(b) To such extent as he finds necessary to carry out the provisionsof titles I, II, III, and V of this Act, the Administrator is herebyauthorized to procure the temporary (not in excess of one year) or

391

Coordination of cat-aloging activities.

Audit by GAO.

"Antitrust laws."

15 U. S. C. § 1-7.62 Stat. 864, 997.15 U. S. C. § 12-27;

Supp.II,§17;28U.8.C.§§ 381-383, 386-390a18 U. S. C. § 412; 29U. S. C. § 52, 53;Supp. n, § 52.

15 U.S. C. 1§ 41-58;Supp. II, § 45.

15 U. 8. C. §§ 8,9.

Ante, pp. 379, 383;post, pp. 393, 399.

Consultants.

392 PUBLIC LAWS-CH. 288-JUNE 30, 1949

intermittent services of experts or consultants or organizations thereof,including stenographic reporting services, by contract or appointment,and in such cases such service shall be without regard to the civil-service and classification laws, and, except in the case of stenographicreporting services by organizations, without regard to section 3709,

PS, p. 403. Revised Statutes, as amended (41 U. S. C. 5).otheragenie rom (c) Notwithstanding the provisions of section 1222 of the Revised

Statutes (10 U. S. C. 576) or of any other provision of law, theAdministrator in carrying out the functions imposed upon him by thisAct is authorized to utilize in his agency the services of officials,officers, and other personnel in other executive agencies, includingpersonnel of the armed services, with the consent of the head of theagency concerned.

CIVIL REMEDIES AND PENALTIES

SEC. 209. (a) Where any property is transferred or disposed of inaccordance with this Act and any regulations prescribed hereunder,no officer or employee of the Government shall (1) be liable with respectto such transfer or disposition except for his own fraud, or (2) beaccountable for the collection of any purchase price for such propertywhich is determined to be uncollectible by the Federal agency respon-sible therefor.

FraUa . (b) Every person who shall use or engage in, or cause to be used orengaged in, or enter into an agreement, combination, or conspiracy touse or engage in or to cause to be used or engaged in, any fraudulenttrick, scheme, or device, for the purpose of securing or obtaining, oraiding to secure or obtain, for any person any payment, property, orother benefits from the United States or any Federal agency in con-nection with the procurement, transfer, or disposition of propertyhereunder-

Penalties. (1) shall pay to the United States the sum of $2,000 for eachsuch act, and double the amount of any damage which the UnitedStates may have sustained by reason thereof, together with thecost of suit; or

(2) shall, if the United States shall so elect, pay to the UnitedStates, as liquidated damages, a sum equal to twice the considera-tion agreed to be given by the United States or any Federal agencyto such person or by such person to the United States or anyFederal agency, as the case may be; or

(3) shall, if the United States shall so elect, restore to theUnited States the money or property thus secured and obtainedand the United States shall retain as liquidated damages anyproperty, money, or other consideration given to the United Statesor any Federal agency for such money or property, as the casemay be.

Jurisdiction. (c) The several district courts of the United States, the DistrictCourt of the United States for the District of Columbia, and theseveral district courts of the Territories and possessions of the UnitedStates, within whose jurisdictional limits the person, or persons, doingor committing such act, or any one of them, resides or shall be found.shall wheresoever such act may have been done or committed, havefull power and jurisdiction to hear, try, and determine such suit, andsuch person or persons as are not inhabitants of or found within thedistrict in which suit is brought may be brought in by order of thecourt to be served personally or by publication or in such otherreasonable manner as the court may direct.

(d) The civil remedies provided in this section shall be in additionto all other criminal penalties and civil remedies provided by law.

[63 STAT.


REPORTS TO CONGRESS

SEC. 210. The Administrator shall submit a report to the Congress,in January of each year and at such other times as he may deem itdesirable, regarding the administration of his functions under thisAct, together with such recommendations for amendments to this Actas he may deem appropriate as the result of the administration ofsuch functions, at which time he shall also cite the laws becomingobsolete by reason of passage or operation of the provisions of this Act.

TITLE III-PROCUREMENT PROCEDURE

DECLARATION OF PURPOSE

SEC. 301. The purpose of this title is to facilitate the procurementof supplies and services.

APPLICATION AND PROCUREMENT METHODS

SEC. 302. (a) The provisions of this title shall be applicable topurchases and contracts for supplies or services made-

(1) by the General Services Administration for the use ofsuch agency or otherwise; and

(2) by any other executive agency (except any agency namedin section 2 (a) of the Armed Services Procurement Act of 1947),to the extent of and in conformity with authority delegated bythe Administrator pursuant to the provisions of this subsection.

The Administrator may delegate to the head of any other such agencyauthority to make purchases and contracts for supplies or servicespursuant to the provisions of this title (A) for the use of two ormore executive agencies or (B) in other cases upon a determinationby the Administrator that by reason of circumstances set forth insuch determination such delegation is advantageous to the Govern-ment in terms of economy, efficiency, or national security. Noticeof every such delegation of authority so made shall be furnished tothe General Accounting Office.

(b) It is the declared policy of the Congress that a fair propor-tion of the total purchases and contracts for supplies and services forthe Government shall be placed with small-business concerns. When-ever it is proposed to make a contract or purchase in excess of $10,000by negotiation and without advertising, pursuant to the authority ofparagraph (7) or (8) of section 302 (c) of this title, suitable advancepublicity, as determined by the agency head with due regard to thetype of supplies involved and other relevant considerations, shall begiven for a period of at least fifteen days, wherever practicable, asdetermined by the agency head.

(c) All purchases and contracts for supplies and services shall bemade by advertising, as provided in section 303, except that such pur-chases and contracts may be negotiated by the agency head withoutadvertising if-

(1) determined to be necessary in the public interest during theperiod of a national emergency declared by the President or by theCongress;

(2) the public exigency will not admit of the delay incident toadvertising;

(3) the aggregate amount involved does not exceed $1,000:Provided, That no agency other than the General Services Admin-istration shall make any purchase of, or contract for, supplies orservices in excess of $500 under this paragraph except in the

393

62 Stat. 21.41 U.S. C., Supp. II,

§ 151 (a).

Delegation of au-thority.

Small business con-corns.

Advance publicity.

Negotiation withoutadvertising.

Post, p. 395.

Limitation.


Report to Congress.

Violations of anti-trust laws.

Repair, etc., of pub-lic buildings.

Post, p. 395.

exercise of authority conferred by the Administrator to procureand furnish supplies and services for the use of two or moreexecutive agencies;

(4) for personal or professional services;(5) for any service to be rendered by any university, college, or

other educational institution;(6) the supplies or services are to be procured and used outside

the limits of the United States and its possessions;(7) for medicines or medical supplies;(8) for supplies purchased for authorized resale;(9) for supplies or services for which it is impracticable to

secure competition;(10) the agency head determines that the purchase or contract

is for experimental, developmental, or research work, or for themanufacture or furnishing of supplies for experimentation, devel-opment, research, or test: Provided, That beginning six monthsafter the effective date of this title and at the end of each six-monthperiod thereafter, there shall be furnished to the Congress a reportsetting forth the name of each contractor with whom a contracthas been entered into pursuant to this paragraph (10) since thedate of the last such report, the amount of the contract, and, withdue consideration given to the national security, a description ofthe work required to be performed thereunder;

(11) for supplies or services as to which the agency head deter-mines that the character, ingredients, or components thereof aresuch that the purchase or contract should not be publicly disclosed;

(12) for equipment which the agency head determines to betechnical equipment, and as to which he determines that the pro-curement thereof without advertising is necessary in special situ-ations or in particular localities in order to assure standardizationof equipment and interchangeability of parts and that such stand-ardization and interchangeability is necessary in the publicinterest;

(13) for supplies or services as to which the agency headdetermines that bid prices after advertising therefor are notreasonable (either as to all or as to some part of the requirements)or have not been independently arrived at in open competition:Provided, That no negotiated purchase or contract may be enteredinto under this paragraph after the rejection of all or some ofthe bids received unless (A) notification of the intention to nego-tiate and reasonable opportunity to negotiate shall have beengiven by the agency head to each responsible bidder and (B) thenegotiated price is the lowest negotiated price offered by anyresponsible supplier; or

(14) otherwise authorized by law.(d) If in the opinion of the agency head bids received after adver-

tising evidence any violation of the antitrust laws he shall refer suchbids to the Attorney General for appropriate action.

(e) This section shall not be construed to (A) authorize the erec-tion, repair, or furnishing of any public building or public improve-ment, but such authorization shall be required in the same manneras heretofore, or (B) permit any contract for the construction orrepair of buildings, roads, sidewalks, sewers, mains, or similar items tobe negotiated without advertising as required by section 303, unlesssuch contract is to be performed outside the continental United Statesor unless negotiation of such contract is authorized by the provisionsof paragraph (1), (2), (3), (9), (10), (11), or (13) of subsection(c) of this section.

394 [63 STAT.


ADVERTISING REQUTREMENTS

SEC. 303. Whenever advertising is required-(a) The advertisement for bids shall be made a sufficient time

previous to the purchase or contract, and specifications and invitationsfor bids shall permit such full and free competition as is consistentwith the procurement of types of supplies and services necessary tomeet the requirements of the agency concerned.

(b) All bids shall be publicly opened at the time and place statedin the advertisement. Award shall be made with reasonable prompt-ness by written notice to that responsible bidder whose bid, conform-ing to the invitation for bids, will be most advantageous to the Govern-ment, price and other factors considered: Provided, That all bids maybe rejected when the agency head determines that it is in the publicinterest so to do.

REQUIREMENTS OF NEGOTIATED CONTRACTS

SEC. 304. (a) Except as provided in subsection (b) of this section,contracts negotiated pursuant to section 302 (c) may be of any typewhich in the opinion of the agency head will promote the best interestsof the Government. Every contract negotiated pursuant to section302 (c) shall contain a suitable warranty, as determined by the agencyhead, by the contractor that no person or selling agency has beenemployed or retained to solicit or secure such contract upon an agree-ment or understanding for a commission, percentage, brokerage, orcontingent fee, excepting bona fide employees or bona fide establishedcommercial or selling agencies maintained by the contractor for thepurpose of securing business, for the breach or violation of whichwarranty the Government shall have the right to annul such contractwithout liability or in its discretion to deduct from the contract priceor consideration the full amount of such commission, percentage,brokerage, or contingent fee.

(b) The cost-plus-a-percentage-of-cost system of contracting shallnot be used, and in the case of a cost-plus-a-fixed-fee contract the feeshall not exceed 10 per centum of the estimated cost of the contractexclusive of the fee, as determined by the agency head at the time ofentering into such contract (except that a fee not in excess of 15 percentum of such estimated cost is authorized in any such contract forexperimental, developmental, or research work and that a fee inclusiveof the contractor's costs and not in excess of 6 per centum of the esti-mated cost, exclusive of fees, as determined by the agency head at thetime of entering into the contract, of the project to which such fee isapplicable is authorized in contracts for architectural or engineeringservices relating to any public works or utility project). Neither acost nor a cost-plus-a-fixed-fee contract nor an incentive-type contractshall be used unless the agency head determines that such method ofcontracting is likely to be less costly than other methods or that it isimpractical to secure supplies or services of the kind or qualityrequired without the use of a cost or cost-plus-a-fixed-fee contract oran incentive-type contract. All cost and cost-plus-a-fixed-fee con-tracts shall provide for advance notification by the contractor to theprocuring agency of any subcontract thereunder on a cost-plus-a-fixed-feebasis and of any fixed-price subcontract or purchase orderwhich exceeds in dollar amount either $25,000 or 5 per centum of thetotal estimated cost of the prime contract; and a procuring agency,through any authorized representative thereof, shall have the rightto inspect the plans and to audit the books and records of any prunecontractor or subcontractor engaged in the performance of a cost orcost-plus-a-fixed-fee contract.

395

Opening of bids.

Rejection.

Ante, p. 393.

Warranty.

Cost-plus contracts.

Advance notifica-tion of subcontract,etc.


ADVANCE PAYMENTS

Restriction.

Lien in favor ofGovernment.

Delegation of pow-ers.

Ante, p. 301.

Ante, p. 304.

Ante, p. 393.

Basis of determina-tion, etc.

Ante, pp. 394, 395.

Preservation ofdata.

Ante, pp. 393, 394.

SEC. 305. (a) The agency head may make advance payments undernegotiated contracts heretofore or hereafter executed in any amountnot exceeding the contract price upon such terms as the parties shallagree: Provided, That advance payments shall be made only uponadequate security and if the agency head determines that provisionfor such advance payments is in the public interest or in the interestof the national defense and is necessary and appropriate in orderto procure required supplies or services under the contract.

(b) The terms governing advance payments may include as secu-rity provision for, and upon inclusion of such provision there shallthereby be created, a lien in favor of the Government, paramountto all other liens, upon the supplies contracted for, upon the creditbalance in any special account in which such payments may be depos-ited and upon such of the material and other property acquired forperformance of the contract as the parties shall agree.

WAIVER OF LIQUIDATED DAMAGES

SEC. 306. Whenever any contract made on behalf of the Governmentby the agency head or by officers authorized by him so to do includesa provision for liquidated damages for delay, the Comptroller Generalon the recommendation of the agency head is authorized and empow-ered to remit the whole or any part of such damages as in his discre-tion may be just and equitable.

ADMINISTRATIVE DETERMINATIONS AND DELEGATIONS

SEC. 307. (a) The determinations and decisions provided in this titleto be made by the Administrator or other agency head may be madewith respect to individual purchases and contracts or with respectto classes of purchases or contracts, and shall be final. Except as pro-vided in subsection (b) of this section,,the agency head is authorizedto delegate his powers provided by this title, including the makingof such determinations and decisions, in his discretion and subject tohis direction, to any other officer or officers or officials of the agency.

(b) The power of the agency head to make the determinations ordecisions specified in paragraphs (11) and (12) of section 302 (c) andin section 305 (a) shall not be delegable, and the power to make thedeterminations or decisions specified in paragraph (10) of section302 (c) shall be delegable only to a chief officer responsible for pro-curement and only with respect to contracts which will not require theexpenditure of more than $25,000. The power of the Administratorto make the delegations and determinations specified in section 302 (a)shall be delegable only to the Deputy Administrator or to the chiefofficial of any principal organizational unit of the General ServicesAdministration.

(c) Each determination or decision required by paragraphs (10),(11), (12), or (13) of section 302 (c), by section 304 or by section305 (a) shall be based upon written findings made by the officialmaking such determination, which findings shall be final and shallbe available within the agency for a period of at least six years follow-ing the date of the determination. A copy of the findings shall besubmitted to the General Accounting Office with the contract.

(d) In any case where any purchase or contract is negotiated pur-suant to the provisions of section 302 (c), except in a case covered byparagraphs (2), (3), (4), (5), or (6) thereof, the data with respectto the negotiation shall be preserved in the files of the agency for aperiod of six years following final payment on such contract.

[63 STAT.396


STATUTES CONTINUED IN EFFECT

SEC. 308. No purchase or contract shall be exempt from the Act ofJune 30, 1936 (49 Stat. 2036, as amended; 41 U. S. C. 35 to 45), orfrom the Act of March 3, 1931 (46 Stat. 1494, as amended; 40 U. S. C.276a to 276a-6), solely by reason of having been entered into pur-suant to section 302 (c) hereof without advertising, and the provisionsof said Acts and of the Act of June 19, 1912 (37 Stat. 137, as amended;40 U. S. C. 324 and 325a), if otherwise applicable, shall apply to suchpurchases and contracts.

DEFINITIONS

SEC. 309. As used in this title-(a) The term "agency head" shall mean the head or any assistant

head of any executive agency, and may at the option of the Adminis-trator include the chief official of any principal organizational unitof the General Services Administration.

(b) The term "supplies" shall mean all property except land, andshall include, by way of description and without limitation, publicworks, buildings, facilities, ships, floating equipment, and vessels ofevery character, type and description (except the categories of navalvessels named in section 3 (d)), aircraft, parts, accessories, equipment,machine tools and alteration or installation thereof.

397

40 U. S. C., Supp.II, § 276a-5 note.

Ante, p. 393.

40 U. S. C., Supp.II, § 324.

"Agency head."

"Supplies."

Ante, p. 378.

STATUTES NOT APPLICABLE

SEC. 310. The following provisions of law shall not apply to theprocurement of supplies or services (1) by the General ServicesAdministration, or (2) within the scope of authority delegated by theAdministrator to any other executive agency:

Revised Statutes, section 3709, as amended (41 U. S. C. 5);Revised Statutes, section 3735 (41 U. S. C. 13);Sections 1 and 2 of the Act of October 10, 1940 (54 Stat. 1109, as

amended; 41 U. S. C. 6 and 6a).

TITLE IV-FOREIGN EXCESS PROPERTY

DISPOSAL OF FOREIGN EXCESS PROPERTY

SEC. 401. Each executive agency having foreign excess propertyshall be responsible for the disposal thereof: Provided, That (a) thehead of each such executive agency shall, with respect to the disposi-tion of such property, conform to the foreign policy of the UnitedStates; (b) the Secretary of State shall have the authority to use for-eign currencies and credits acquired by the United States under section402 (b) of this Act in order to effectuate the purposes of section32 (b) (2) of the Surplus Property Act of 1944, as amended, and theForeign Service Buildings Act of May 7, 1926, as amended (includingPublic Law 547, Seventy-ninth Congress (60 Stat. 663)), and for thepurpose of paying any other governmental expenses payable in localcurrencies, and the authority to amend, modify, and renew agreementsin effect on the effective date of this Act; (c) any foreign currenciesor credits acquired by the Department of State pursuant to suchagreements shall be administered in accordance with procedures thatmay from time to time be established by the Secretary of the Treasuryand, if and when reduced to United States currency, shall be coveredinto the Treasury as miscellaneous receipts; and (d) the Departmentof State shall, except to such extent as the President shall otherwise

Post, p. 403.

41 U. S. C., Supp.II, §§ 6, 6a notes.

Authority of Seeretary of State.

Post, p. 398.

60 Stat. 754; 44 Stat.403.

50 U. S. C. app.§1641 (b) (2); 22U.. C.I5 292-300; Supp. II,

295a note.Post, p. 399.

PUBLIC LAWS-CI. 288-JUNE 30, 1949

Disposal withoutadvertising.

Ante, p. 389.

Deposits and with-drawals.

determine, continue to perform other functions with respect to agree-ments for the disposal of foreign excess property in effect on theeffective date of this Act.

METHODS AND TERMS OF DISPOSAL

SEC. 402. Foreign excess property may be disposed of (a) by sale,exchange, lease, or transfer, for cash, credit, or other property, with orwithout warranty, and upon such other terms and conditions as thehead of the executive agency concerned deems proper; but in no eventshall any property be sold without a condition forbidding its importa-tion into the United States, unless the Secretary of Agriculture (in thecase of any agricultural commodity, food, or cotton or woolen goods)or the Secretary of Commerce (in the case of any other property)determines that the importation of such property would relieve domes-tic shortages or otherwise be beneficial to the economy of this country,or (b) for foreign currencies or credits, or substantial benefits or thedischarge of claims resulting from the compromise or settlement ofsuch claims by any executive agency in accordance with the law,whenever the head of the executive agency concerned determines thatit is in the interest of the United States to do so. Such property maybe disposed of without advertising when the head of the executiveagency concerned finds so doing to be most practicable and to be advan-tageous to the Government. The head of each executive agency respon-sible for the disposal of foreign excess property may execute suchdocuments for the transfer of title or other interest in property andtake such other action as he deems necessary or proper to dispose ofsuch property; and may authorize the abandonment, destruction, ordonation of foreign excess property under his control which has nocommercial value or the estimated cost of care and handling of whichwould exceed the estimated proceeds from its sale.

PROCEEDS, FOREIGN CURRENCIES

SEC. 403. Proceeds from the sale, lease, or other disposition of for-eign excess property, (a) shall, if in the form of foreign currenciesor credits, be administered in accordance with procedures that mayfrom time to time be established by the Secretary of the Treasury, and(b) shall, if in United States currency, or when any proceeds in for-eign currencies or credits shall be reduced to United States currency,be covered into the Treasury as miscellaneous receipts: Provided,That the provisions of section 204 (b) (which by their terms applyto property disposed of under title II) shall be applicable to proceedsof foreign excess property disposed of for United States currencyunder this title IV: And provided further, That any executive agencydisposing of foreign excess property under this title (1) may deposit,in a special account with the Treasurer of the United States, suchamount of the proceeds of such dispositions as it deems necessary topermit appropriate refunds to purchasers when any disposition isrescinded or does not become final, or payments for breach of anywarranty, and (2) may withdraw therefrom amounts so to be refundedor paid, without regard to the origin of the funds withdrawn.

MISCELLANEOUS PROVISIONS

SEC. 404. (a) The President may prescribe such policies, not incon-sistent with the provisions of this title, as he shall deem necessary toeffectuate the provisions of this title, which provisions shall guide eachexecutive agency in carrying out its functions hereunder.

398 [63 STAT.


(b) Any authority conferred upon any executive agency or thehead thereof by the provisions of this title may be delegated, andsuccessive redelegation thereof may be authorized, by such head toany official in such agency or to the head of any other executive agency.

(c) The head of each executive agency responsible for the disposalof foreign excess property hereunder may, as may be necessary tocarry out his functions under this title, (1) subject to the civil-serviceand classification laws, appoint and fix the compensation of personnel,and (2) without regard to the civil-service and classification laws,appoint and fix the compensation of personnel outside the continentallimits of the United States.

(d) The head of each executive agency responsible for the disposalof foreign excess property under this title shall submit a report toCongress in January of each year or at such other time or times ashe may deem desirable relative to its activities under this title, togetherwith any appropriate recommendations.

(e) There shall be transferred from the Department of State to eachother executive agency affected by this title such records, property,personnel, obligations, commitments, and unexpended balances ofappropriations, allocations, and other funds, available or to be madeavailable, as the Director of the Bureau of the Budget shall determineto relate to functions of such agency under this title which haveheretofore been administered by the Department of State.

TITLE V-GENERAL PROVISIONS

APPLICABILITY OF EXISTING PROCEDURES

SEC. 501. All policies, procedures, and directives prescribed-(a) by either the Director, Bureau of Federal Supply, or the

Secretary of the Treasury and relating to any function transferredto or vested in the Administrator, by the provisions of this Act;

(b) by any officer of the Government under the authority ofthe Surplus Property Act of 1944, as amended, or under otherauthority with respect to surplus property or foreign excessproperty;

(c) by or under authority of the Federal Works Administra-tor or the head of any constituent agency of the Federal WorksAgency; and

(d) by the Archivist of the United States or any other officeror body whose functions are transferred by title I of this Act,

in effect upon the effective date of this Act and not inconsistent here-with, shall remain in full force and effect unless and until superseded,or except as they may be amended, under the authority of this Act orunder other appropriate authority.

REPEAL AND SAVING PROVISIONS

SEC. 502. (a) There are hereby repealed-(1) the Surplus Property Act of 1944, as amended (except

sections 13 (d), 13 (g), 13 (h), 28, and 32 (b) (2)), and sections501 and 502 of Reorganization Plan Numbered 1 of 1947: Pro-vided, That, with respect to the disposal under this Act of anysurplus real estate, all priorities and preferences provided forin said Act, as amended, shall continue in effect until 12 o'clocknoon (eastern standard time), December 31, 1949;

(2) that portion of the Act entitled "An Act making supple-mental appropriations for the Executive Office and sundry inde-pendent executive bureaus, boards, commissions, and offices, for

399

Delegation of au-thority.

Report to Congress.

Transfer of person-nel, etc.

Infa.

Ante, p. 879.

58 Stat. 765.50 U. S. C. app.

§ 1611-1646; Supp. II,app. § 1612 et seq.

58 Stat. 771, 781; 62Stat. 350; 60 Stat. 754;61 Stat. 678, 952.

50 U. S. C. app.§§1622 (d), 1637, 1641(b) (2); Snpp. n,§§ 1622 (g), (h), 1614anote.

Post, pp. 700, 70L


62 Stat. 1202.50 U. S. C., Supp.

II, app. § 1614a note.

62 Stat. 1233.5 U.S. C.. Supp. II,

§5 626v-626x; 10U.S. C.,Supp. 1, §§ 1186-1186b;34 U. S. C., Supp. II,§§ 546/-546n.

the fiscal year ending June 30, 1949, and for other purposes",approved June 30, 1948 (Public Law 862, Eightieth Congress),as amended, appearing under the caption "Surplus propertydisposal";

(3) the Act entitled "An Act to authorize the Secretary of Warto dispose of material no longer needed by the Army", approvedFebruary 28, 1936 (49 Stat. 1147; 10 U. S. C. 1258);

(4) the Act entitled "An Act to authorize the Secretary of theNavy to dispose of material no longer needed by the Navy",approved May 23, 1930, as amended (46 Stat. 378; 34 U. S. C.546c);

(5) section 5 of the Act of July 11, 1919 (41 Stat. 67; 40 U. S. C.311);

(6) the first and second provisos contained in the fifth para-graph under the heading "Division of Supply" in section 1 of theAct of December 20, 1928 (45 Stat. 1030; 40 U. S. C. 3 11a);

(7) the Act entitled "An Act to authorize the Secretary of theArmy, the Secretary of the Navy, and the Secretary of the AirForce to donate excess and surplus property for educationalpurposes", approved July 2, 1948 (Public Law 889, EightiethCongress);

(8) section 203 of the Act of June 26, 1943 (57 Stat. 195, asamended; 5 U. S. C. 118d-1);

(9) the Act of April 15,1937 (50 Stat. 64; 5 U. S. C. 118d);(10) the second proviso contained in the paragraph of the Act

of August 10, 1912 (37 Stat. 296; 5 U. S. C. 545), headed "Con-tingent expenses, Department of Agriculture";

(11) the second proviso contained in the twentieth paragraphof section 1 of the Act of March 2, 1917 (39 Stat. 973; 5 U. S. C.494);

(12) the twenty-sixth paragraph under the heading "NationalParks" of the Act of January 24, 1923 (42 Stat. 1215; 16U. S. C. 9);

(13) the fifth paragraph under the heading "Experiments anddemonstrations in livestock production in the cane-sugar andcotton districts of the United States" of the Act of June 30, 1914(38 Stat. 441; 5 U.S. C. 546);

(14) the proviso contained in the second paragraph under theheading "Libraly, Iepartment of Agriculture" of the Act ofMarch4,1915 (38Stat. 1107; 5 U.S.C.548);

(15) the second proviso contained in the second paragraphunder the heading "Clothing and camp and garrison equipage"of section 1 of the Act of August 29, 1916 (39 Stat. 635; 10U. S. C. 1271);

(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, asamended; 10 U. S. C. 1272);

(18) the third proviso contained in the second paragraph underthe heading "Office of the Chief Signal Officer" of the Act ofMarch 4, 1915 (38 Stat. 1064; 10 U. S. C. 1273);

(19) the fourteenth paragraph under the heading "Smithso-nian Institution" of section 1 of the Act of March 3, 1915 (38 Stat.839; 20U. S.C. 66);

(20) the second paragraph under the heading "Governmenthospital for the insane" of section 1 of the Act of August 1, 1914(38 Stat. 649; 24 U. S. C. 173);

400 [63 STAT.

63 STAT.] 81ST CONG., 1ST SESS.-CH. 288-JUNE 30, 1949 401(21) the second paragraph under the heading "Saint Eliza-

beths Hospital" of section 1 of the Act of June 12, 1917 (40 Stat.153; 24U.S.C. 174);

(22) the proviso contained in the second paragraph under theheading "Bureau of Supplies and Accounts" of the Act of August22,1912 (37 Stat. 346; 34 U. S. C. 531a);

(23) the second proviso of the first paragraph under the head-ing "Bureau of Yards and Docks" of the Act of August 29, 1916(34 U. S. C. 532); '39 tat. 55.

(24) the proviso contained in the second paragraph under theheading "Maintenance, Quartermaster's Department, MarineCorps" of the Act of March 4, 1917 (39 Stat. 1189; 34 U. S. C.723);

(25) the twentieth paragraph under the heading "Bureau ofMines" of section 1 of the Act of July 19, 1919 (41 Stat. 200; 40U. S. C. 118) ;

(26) the first sentence of section 5 of the Act of March 4, 1915(38 Stat. 1161; 41 U. S. C. 26);

(27) the third paragraph under the heading "Interstate Com-merce Commission" of section 1 of the Act of August 1, 1914 (38Stat. 627; 49 U. S. C. 58);

(28) the Act of June 6, 1941 (55 Stat. 247; 14 U. S. C. 31b);(29) section 4 of the Act of June 17, 1910 (36 Stat. 531; 41

U. S. C. 7); 41 u. S. O., Supp.

(30) the Act of February 27, 1929 (45 Stat. 1341; 41 U. S. C. note

7a, 7b, 7c, and 7d); and 4 . S. o., supp.(31) section 1 of the Act of May 14, 1935 (49 Stat. 234; 41 II te

U. S. C. 7c-1).(b) The provisions of the first, third, and fifth paragraphs of section

1 of Executive Order Numbered 6166 of June 10, 1933, are hereby 5U.s. c. 32note.superseded, insofar as they relate to any function now administeredby the Bureau of Federal Supply except functions with respect tostandard contract forms.

(c) The authority conferred by this Act is in addition to anyauthority conferred by any other law and shall not be subject to theprovisions of any law inconsistent herewith, except that sections 205(b) and 206 (c) of this Act shall not be applicable to any Government A. pp. 380, 3a1.corporation or agency which is subject to the Government CorporationControl Act (59 Stat. 597; 31 U.S. C. 841). 31 U. s. , 8upp.

(d) Nothing in this Act shall impair or affect any authority of- tite, p. 3s.(1) the President under the Philippine Property Act of 1946

(60 Stat. 418; 22 U. S. C. 1381);(2) any executive agency with respect to any phase (including,

but not limited to, procurement, storage, transportation, process-ing, and disposal) of any program conducted for purposes ofresale, price support, grants to farmers, stabilization, transfer toforeign governments, or foreign aid, relief, or rehabilitation:Provided, That the agency carrying out such program shall, tothe maximum extent practicable, consistent with the fulfillmentof the purposes of the program and the effective and efficient con-duct of its business, coordinate its operations with the require-ments of this Act and the policies and regulations prescribedpursuant thereto;

(3) any executive agency named in the Armed Services Pro-curement Act of 1947, and the head thereof, with respect to the 62 Stat. 21

administration of said Act; nU §§ 51-161.

(4) the National Military Establishment with respect to prop-erty required for or located in occupied territories;

81939°--50-PT. --- 26


62 Stat. 1225.50 U. S. C., Supp.

II, §§ 451-462.

50 U.S. C. §§ 98-98h;Supp. II, § 98 note.

Ante, p. 350.

44 Stat. 403.22 U. S. C. 5 292-

300; Supp. II, § 295anote.

50 U. S. C. app.§ 1171 (b).

42 U. S. C. §1 1751-1760; Supp. II, § 1752note.

61 Stat. 694.7 U. S. C. § 1001 e

seg.; Supp. II, 5 1001e seq.

Ante, p. 144.7 U. . C. § 612c;

Supp. II, § 612c.Post, p. 1057.

7 U.S. C. I 1291.

60 Stat. 1088.7 U. S. C.§ 1622(j).

12 U. S. C. 6401(b).

48 Stat. 1246.12 U. S. C. § 1701 et

seq.; Supp. II, I 1701eet seq.

Ante, pp. 29, 57; po,pp. 421, 681, 90.

Ante, p. 384.

"Airport property";"airway property."

49 U. S. C., Supp.II, §§1151-1160.

(5) the Secretary of Defense with respect to the administrationof the National Industrial Reserve Act of 1948;

(6) the Secretary of Defense, the Munitions Board, and theSecretaries of the Army, Navy, and Air Force with respect to theadministration of the Strategic and Critical Materials StockPiling Act (60 Stat. 596), and provided that any imported mate-rials which the authorized procuring agency shall certify to theCommissioner of Customs to be strategic and critical materialsprocured under said Act may be entered, or withdrawn fromwarehouse, free of duty;

(7) the Secretary of State under the Foreign Service BuildingsAct of May 7, 1926, as amended;

(8) the Secretary of the Army, the Secretary of the Navy, andthe Secretary of the Air Force with respect to the administrationof section 1 (b) of the Act entitled "An Act to expedite thestrengthening of the national defense", approved July 2, 1940(54 Stat. 712);

(9) the Secretary of Agriculture or the Department of Agri-culture under (A) the National School Lunch Act (60 Stat. 230);(B) the Farmers Home Administration Act of 1946 (60 Stat.1062); (C) the Act of August 31, 1947, Public Law 298, EightiethCongress, with respect to the disposal of labor supply centers,and labor homes, labor camps, or facilities; (D) section 32 ofthe Act of August 24, 1935 (49 Stat. 774), as amended, withrespect to the exportation and domestic consumption of agricul-tural products; or (E) section 201 of the Agricultural AdjustmentAct of 1938 (52 Stat. 36) or section 203 (j) of the AgriculturalMarketing Act of 1946 (60 Stat. 1082);

(10) the Secretary of Agriculture, Farm Credit Administration,or any farm credit board under section 6 (b) of the Farm CreditAct of 1937 (50 Stat. 706), with respect to the acquisition ordisposal of property;

(11) the Housing and Home Finance Agency, or any officer orconstituent agency therein, with respect to the disposal of resi-dential property, or of other property (real or personal) held aspart of or acquired for or in connection with residential property,or in connection with the insurance of mortgages, loans, or savingsand loan accounts under the National Housing Act;

(12) the Tennessee Valley Authority with respect to nonper-sonal services, with respect to the matters referred to in section201 (a) (4), and with respect to any property acquired or to beacquired for or in connection with any program of processing,manufacture, production, or force account construction: Provided,That the Tennessee Valley Authority shall to the maximum extentthat it may deem practicable, consistent with the fulfillment ofthe purpose of its program and the effective and efficient conductof its business, coordinate its operations with the requirementsof this Act and the policies and regulations prescribed pursuantthereto;

(13) the Atomic Energy Commission;(14) the Administrator of Civil Aeronautics or the Chief of the

Weather Bureau with respect to the disposal of airport propertyand airway property for use as such property. For the purposeof this paragraph the terms "airport property" and "airway prop-erty" shall have the respective meanings ascribed to them in theInternational Aviation Facilities Act (62 Stat. 450);

(15) the Postmaster General or the Postal Establishment withrespect to the means and methods of distribution and transporta-tion of the mails, and contracts, negotiations, and proceedings

402 [63 STAT.

63 STAT.] 81ST CONG., IST SESS.-CH. 288-JUNE 30, 1949

before Federal and State regulatory and rate-making bodies,relating to the transportation of the mails;

(16) the United States Maritime Commission with respect tothe construction, reconstruction, and reconditioning (includingoutfitting and equipping incident to the foregoing), the acquisi-tion, procurement, operation, maintenance, preservation, sale,lease, or charter of any merchant vessel or of any shipyard, shipsite, terminal, pier, dock, warehouse, or other installation necessaryor appropriate for the carrying out of any program of suchCommission authorized by law, or nonadministrative activitiesincidental thereto: Provided, That the United States MaritimeCommission shall to the maximum extent that it may deempracticable, consistent with the fulfillment of the purposes ofsuch programs and the effective and efficient conduct of suchactivities, coordinate its operations with the requirements of thisAct, and the policies and regulations prescribed pursuant thereto;

(17) Central Intelligence Agency;(18) except as provided in subsections (a) and (b) hereof, any

other law relating to the procurement, utilization, or disposal ofproperty: Provided, That, subject to, and within the scope ofauthority conferred on the Administrator by other provisions ofthis Act, he is authorized to prescribe regulations to govern anyprocurement, utilization, or disposal of property under any suchlaw, whenever but only to the extent he deems such action neces-sary to effectuate the provisions of title II; nor

(19) for such period of time as the President may specify, anyother authority of any executive agency which the President deter-mines within one year after the effective date of this Act should,in the public interest, stand unimpaired by this Act.

(e) Section 3709, Revised Statutes, as amended (41 U. S. C. 5), isamended by striking out "$100" wherever it appears therein and insert-ing in lieu thereof "$500".

AUTHORIZATIONS FOR APPROPRIATIONS AND TRANSFER AUTHORITY

SEC. 503. (a) There are hereby authorized to be appropriated suchsums as may be necessary to carry out the provisions of this Act.

(b) When authorized by the Director of the Bureau of the Budget,any Federal agency may use, for the disposition of property under thisAct, and for its care and handling pending such disposition, any fundsheretofore or hereafter appropriated, allocated, or available to it forpurposes similar to those provided for in sections 201, 202, 203, and205 of this Act.

SEPARABILITY

SEC. 504. If any provision of this Act, or the application thereof toany person or circumstances, is held invalid, the remainder of thisAct, and the application of such provision to other persons or circum-stances, shall not be affected thereby.

EFFECTIVE DATE

SEC. 505. This Act shall become effective on July 1, 1949, except thatthe provisions of section 502 (a) (2) (repealing prior law relating tothe disposition of the affairs of the War Assets Administration) shallbecome effective on June 30, 1949.

Approved June 30, 1949.

403

Ante, pp. 399, 401.

Ante, p. 883.

Ante, pp. 383-8389.

Ante, p. 399.

81st cong., 1st sess.-chs. 287, 288-june 30, 1949...ices, other than personal and professional...

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