Approved For Release 1999/09/21 : CIA-RDP80-01240A000500040011-2 a Approved For Release 1999/09/21 : CIA-RDP80-01240A000500040011-2 1999/09/21 : CIA-RDP80-01240A000500040011-2 r Release ease ! [Pustic Law 152—81sr Conaress] 7 [CuaPrer 288—I1er Sussion] 1 8 [H. R. 4754] 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 yg Preece of the United 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 _f %. 2, Declaration of policy. Nec. 8. Definitions, OO ee ee a, ee ee a ef Trrtz I—Oreanization Sec.101. General Services Administration. | Sec. 102. Transfer of affairs of Bureau of Federal Supply. q Sec. 103. Transfer of affairs of the Federal Works Agency. Sec. 104. Records management: Transfer of the National Archives, Sec. 105. Transfer for Hquidation of the affairs of the War Assets Administration. Sec. 106. Redistribution of functions. Sec. 107. Transfer of funds. Bec. 108. Status of transferred employees. ¢ Sec. 109. General supply fund. Tirtz II—Prormery 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. é : See. 205. Policies, regulations, and delegations, ' See. 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. Titte I1I—Procurrment PROCEDURE Sec. 301. Declaration of purpose, Sec. 802. Application and procurement methods, Sec. 808. Advertising requirements, Sec. 304. Requirements of negotiated contracts, Sec. 805. Advance payments, 4 Sec. 806. Waiver of liquidated damages, } a) Approved For Release 1999/09/21 : CIA-RDP80-01240A000500040011-2 Approved For Release 1999/09/21 : CIA-RDP80-01240A000500040011-2 [Pus. Law 182] 2 Sec. 807. Administrative determinations and delegations, Sec. 808. Statutes continued in effect. Sec. 809. Definitions, Sec. 310. Statutes not applicable. Tirta IV—Forrten Excess PRoPeery See. 401. Disposal of foreign excess property. , Sec. 402. Methods and terms of disposal. Sec. 408. Proceeds; foreign currencies. Sec, 404. Miscellaneous provisions. . Tire V—GENERAL PROVISIONS ‘ Sec..501. Applicability of existing procedures, Sec. 502. Repeal and saving provisions. Sec, 508. Authorization for appropriations, Sec. 504. Separability. Sec. 505. Dffective date. DECLARATION OF POLICY Src. 2. It is the intent of the Congress in enacting this legislation to provide for the Government an economical and efficient: system for (a) the procurement and supply of personal property and nonpersonal services, including related functions such as contracting, inspection, storage, issue, specifications, property identification and classification, transportation and traffic management, management of public utility services, repairing and converting, establishment of inventory levels, establishment of forms and pe and representation before Federal and State regulatory bodies; (b) the utilization of available property; (c) the disposal of surplus property; and (d) records management. DEFINITIONS Sxo. 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 any establishment in the legislative or judicial branch of the Government (except the Senate and the House of Re. resentatives). (c) The term “Administrator” means the Administrator of General Services provided for in title I hereof. (d) The term “property” means any interest in property of any kind except (1) the public domain and lands reserved or dedicated for national forest or national park purposes; and (2) naval vessels of the 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 the discharge of its responsibilities, as determined by the head thereof. (f) The term “foreign excess property” means any excess property located outside the continental United States, Hawaii, Alaska, Puerto Rico, and the Virgin Islands. Approved For Release 1999/09/21 : CIA-RDP80-01240A000500040011-2 Approved For Release 1999/09/21 : CIA-RDP80-01240A000500040011-2 (Pus. Law 152.9 required for the needs and the discharge of the responsibilities of all Federal 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 and surplus property, and, in the case of property which is dangerous to public health or safety, destroying or rendering innocuous such property. (1) 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 shal] designate. (k) Th. term “contractor inventory” means (1) any property acquired by and in the possession of a contractor or subcontractor under a contract pursuant to the terms of which title is vested in the Government, and in excess of the amounts needed to complete full erformance under the entire contract; and (2) any property which Fre Government is obligated to take over under any type of contract as 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 at the option of the Government. ( (g) The term “surplus property” means any excess propery not TITLE I—ORGANIZATION GENERAL SERVICES ADMINISTRATION Sro. 101. (a) There is hereby established an agency in the execu- tive branch of the Government which shall be known as the General Services Administration. (b) There shall be at the head of the General Services Administra- ( tion an Administrator of General Services who shall be appointed by the President by and with the advice and consent of the Senate, and erform his functions subject to the direction and control of the resident. (c) There shall be in the General Services Administration a Deputy Administrator of General Services who shall be appointed by the Administrator of General Services. The Deputy Administrator shall rform such functions as the Administrator shall designate and shall e Acting Administrator of General Services during the absence or disability of the Administrator and, unless the President shall desig- nate another officer of the Government, in the event of a vacancy in the office of Administrator. (d) Pending the first appointment of the Administrator under the rovisions of this section, his functions shall be performed temporarily y such officer of the Government in office upon or immediately prior to the taking of effect of the provisions of this Act as the President shall designate, and such officer while so serving shall receive the salary fixed for the Administrator. Approved For Release 1999/09/21 : CIA-RDP80-01240A000500040011-2 sta aLPProved For Release 1999/09/21 : CIA-RDP80-01240A000500040011-2 (e) Pending the effective date of other provisions of law fixing the rates of compensation of the Administrator, the Deputy Administra- tor and of the heads and assistant heads of the principal organizational units 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 for each of them a rate of compensation which he shall deem to be com- ae with the responsibilities and duties of the respective offices involved. TRANSFER OF AFFAIRS OF BUREAU OF FEDERAL SUPPLY Src. 102, (a) The functions of (1) the Bureau of Federal Supply in the Department of the Treasury, (2) the Director of the Bureau of Federal Supply, (3) the personnel of such Bureau, and (4) the Secre- tary of the Treasury, relating to the Bureau of Federal Supply, are hereby 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 the Department of the Treasury as the Director of the Bureau of the Budget shal] determine to relate primarily to functions transferred by this 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 of the Bureau of Federal Supply are hereby abolished. (b) The functions of the Director of Contract Settlement and of the Office of Contract Settlement, transferred to the Secretary of the Treasury by Reorganization Plan Numbered 1 of 1947, are transferred to the Administrator and shall be performed by him or, subject to his direction and control, by such officers and agencies of the General Services 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 established under section 13 (d) of that Act are transferred from the Department of the Treasury to the General Services Administration, but the func- tions of these Boards shall be performed by them, respectively, under conditions and limitations prescribed by law. There shall also be transferred 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 of the Bureau of the Budget shall determine to relate primarily to the functions transferred by the provisions of this subsection. (c) Any other provision of this section notwithstanding, there may be retained in the Department of the Treasury any function referred to in subsection (a) of this section which the Director of the Bureau of the Budget shall, within ten days after the effective date of this Act, determine to be essential to the orderly administration of the affairs of the agencies of such Department, other than the Bureau of Federal Supply, 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. Approved For Release 1999/09/21 : CIA-RDP80-01240A000500040011-2 te gta ee ee ae ee a, ( Approved For Release 1999/09/21 : ClAsRDF80-01240A000500040011-2 TRANSFER OF AFFAIRS OF THE FEDERAL WORKS AGENCY Src. 103. (a) All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator, of the Commissioner of Public Buildings, and of the Commissioner of Public Roads, are hereby transferred to the Admin- istrator of General Services. There are hereby transferred to the General Services Administration the Public Roads Administration which shall hereafter be known as the Bureau of Public Roads, and all records, property, personnel, obligations, and commitments of the Federal Works Agency, including those of all agencies of the Federal Works Agency. (b) There are hereby abolished the Federal Works Agency, the Public Buildings Administration, the office of Federal Works Admin- istrator, the office of Commissioner of Public Buildings, and the office of Assistant Federal Works Administrator. RECORDS MANAGEMENT: TRANSFER OF THE NATIONAL ARCHIVES Sec. 104. (a) The National Archives Establishment and its func- tions, records, property, personnel, obligations, and commitments are hereby transferred to the General Services Administration. There are transferred to the Administrator (1) the functions of the Archivist of the United States, except that the Archivist shall continue to be a member or chairman, as the case may be, of the bodies referred to in subsection (b) of this section, and (2) the functions of the Director of the Division of the Federal Register of the National Archives Establishment. The Archivist of the United States shall hereafter be appointed by the Administrator. b) There are also transferred to the General Services Administra- tion the following bodies, together with their respective functions and such funds as are derived from Federal sources: (1) The National Archives Council and the National Historical Publications Commis- sion, established by the Act of June 19, 1934 (48 Stat. 1122), (2) the National Archives Trust Fund Board, established by the Act of July 9, 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 established by section 6 of the Act of July 26, 1935 (49 Stat. 501), which shall hereafter be known as the Administrative Committee of the Federal Register. The authority of the Administrator under section 106 hereof shall not extend to the bodies or functions affected by this subsection. ; (c) The Administrator is authorized (1) to make surveys of Gov- ernment records and records management and disposal practices and obtain reports thereon from Federal agencies; (2) to promote, in cooperation with the executive agencies, improved records manage- ment practices and controls in such agencies, including the central storage or disposition of records not needed by such agencies for their current use; and (3) to report to the Congress and the Director of the Bureau of the Budget from time to time the results of such activities. Approved For Release 1999/09/21 : CIA-RDP80-01240A000500040011-2 vs. uwisAApproved For Release 1999/09/21 : CIA-RDP80-01240A000500040011-2 TRANSFER FOR LIQUIDATION OF THE aFFAIRS OF THE WAR ASSETS ADMINISTRATION Sro. 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 the War Assets Administrator are hereby transferred to the Administra- tor of General Services. The War Assets Administration, the office of the War Assets Administrator, and the office of Associate War Assets Administrator are hereby abolished. Personnel now holding 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 the Administrator 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 functions transferred to or vested in him by this Act, and from time to time, to regroup, transfer, and distribute any such functions within the Gen- eral Services Administration. The Administrator is hereby author- ized to transfer the funds necessary to accomplish said functions and report such transfers of funds to the Director of the Bureau of the Budget. , 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 of the Bureau of Federal Supply, the War Assets Administration, the Federal Works Agency, and the National Archives Establishment, and so much of the other unexpended balances of appropriations, allo- cations, or other funds of the Department of the Treasury, available or to be made available, as the Director of the Bureau of the Budget shall determine to relate primarily to functions transferred to or vested in the Administrator by the provisions of this Act, shall be transferred to the General Services Administration for use in connection with the functions to which such balances relate, respectively. (b) When other functions are transferred to the General Services Administration from any Federal agency, under section 201 (a) (2 or (8), or otherwise under this Act, there shall be transferred suc records, property, personnel, appropriations, allocations, and other funds of such agency to the General Services Administration as the Director of the Bureau of the Budget shall determine to relate pri- marily to the functions so transferred. STATUS OF TRANSFERRED EMPLOYEES Szo. 108. Subject to other provisions of this title relating to per- sonnel, employees transferred by the provisions of this title shall be deemed to be employees of the General Services Administration and their reappointment shall not be required by reason of the enactment of this Act. Approved For Release 1999/09/21 : CIA-RDP80-01240A000500040011-2 7 (Pus. Law 1524 Approved For Release 1999/09/21 : CIA-RDP80-01240A000500040011-2 Sxo. 109. (a) There is hereby authorized to be set aside in the Treasury a special fund which shall be known as the General Supply Fund. ‘Such fund shall be composed of the assets of the general su ply fund Cena any surplus therein) created by section 8 of the Act of February 27, 1929 (45 Stat. 1842; 41 U.S. é. 7c), and trans- ferred to the Administrator by section 102 of this Act, and such sums as may be appropriated thereto, and the fund shall assume ali of the liabilities, obligations, and commitments of the general supply fund created by such Act of February 27, 1929. The capital of the General Supply Fund shall be in an amount not greater than $75,000,000. The General Supply Fund shall be available for use by or under the direc- tion and control of the Administrator (1) for procuring personal property (including the purchase from or through the Public Printer of standard forms and blankbook work for field warehouse issue) and nonpersonal services for the use of Federal agencies in the proper dis- charge of their responsibilities, and (2) for paying all elements of cost of the procurement, handling, and distribution thereof, except that on and after July 1, 1950, those elements of cost which are deter- -mined by the Administrator with the approval of the Director of the Bureau of the Budget to be indirect or overhead costs shall not be paid from the fund. (b) Payment by requisitioning agencies shall be at prices fixed by the Administrator. Until July 1, 1950, such prices shall be fixed in accordance with law and regulations applicable on the date of 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 at r levels so as to recover so far as practicable all costs except those which are determined by the Administrator with the approval of the Director of the Bureau of the Budget to be indirect or overhead costs. Requi- sitioning agencies shall pay by advance of funds in all cases where it is determined by the Administrator that there is insufficient capital otherwise available in the General Supply Fund. Advances of funds also may be made by agreement between the requisitioning agencies and the Administrator. Where an advance of funds is not made, ( requisitioning agencies shall promptly reimburse the General Services Adtninietration on vouchers paopured by the requisitioning agency on the basis of itemized invoices submitted by the Administrator and receiving reports evidencing the delivery to the requisitioning agency of such supplies or services: Provided, That in any case where pay- ment shall not have been made by the requisitioning agency within forty-five days after the date of billing by the Administrator, reim- bursement may be obtained by the Administrator by the issuance of transfer and counterwarrants supported by itemized invoices. (c) The General Supply Fund shall be credited with all reimburse- ments, advances of funds, and refunds or recoveries relating to sup- plies or services procured through the fund, including the net sstoeseds of disposal of surplus supplies procured through the fund and receipts from carriers and others for loss of, or damage to, supplies procured through the fund; and the same are hereby reappropriated for the ad ar of the fund. (d) A special deposit account may be established as a part of the General Supply Fund with the Treasurer of the United States for use Approved For Release 1999/09/21 : CIA-RDP80-01240A000500040011-2 [Pun. Law 108) 8 by the A ae ot Release toe Ole dab ROF80-01240A000500040011 -2 Department of the Treasury, which may be credited with (1) funds advanced from the General Supply Fund account on the books of the Division of Bookkeeping and Warrants and (2) other funds properly for credit to the General Supply Fund without being covered into the Treasury of the United States; and such special deposit account may re tered with payments properly chargeable to the General Supply ‘und. (e) The Comptroller General of the United States shall make an annual audit of the General Supply Fund as of June 30, and there shall be covered into the United States Treasury as miscellaneous receipts any surplus found therein, all assets, liabilities, and prior losses considered, above the amounts transferred or appropriated to establish and maintain said fund, and the Comptroller General shall report to the Congress annually the results of the audit, together with such recommendations as he may have regarding the status and oper- ations of the fund. (f) Subject to the requirements of subsections (a) to (e), inclusive, of this section, the General Supply Fund also may be used for the procurement of supplies and nonpersonal services authorized to be. acquired by mixed-ownership Government corporations, or by the municipal government of the District of Columbia, or by a requisi- tioning non-Federal agency when the function of a Federal agency authorized to procure for it is transferred to the General Services Administration: Provided, That the prices charged by the Adminis- trator in such cases shall be fixed at levels which he estimates will be sufficient to recover, in addition to the direct costs of the procurement, handling, and distribution of such supplies and services, the indirect and overhead costs that the Administrator determines are allocable thereto. TITLE TI—PROPERTY MANAGEMENT PROCUREMENT, WAREHOUSING, AND RELATED ACTIVITIES Szo. 201. (a) The Administrator shall, in respect of executive agen- cies, and to the extent that he determines that so doing is advantageous to the Government in terms of economy, efficiency, or service, and with due regard to the program activities of the agencies concerned— (1) prescribe policies and methods of procurement and suppl of personal property and nonpersonal services, including relate functions such as contracting, inspection, storage, issue, property identification and classification, transportation and traffic man- agement, management of public utility services, and repairing and converting; and (2) operate, and, after consultation with the executive agencies affected, consolidate, take over, or arrange for the operation by any executive agency of warehouses, supply centers, repair shops, fuel yards, and other similar facilities; and (3) procure and supply personal property and nonpersonal services for the use of executive agencies 1n the proper discharge of their responsibilities, and perform functions related to procure- ment and supply such as those mentioned above in subparagraph Approved For Release 1999/09/21 : CIA-RDP80-01240A000500040011-2 Approved For Relgase 1999/09/21 : CIA-RDP80-01240A000500040011-2 [Pus. Los Ww isay made for periods not exceeding ten years; and (4) with respect to transportation and other public utility services for the use of executive agencies, represent such agencies in negotiations with carriers and other public utilities and in pro- ceedings involving carriers or other public utilities before Federal and State regulatory bodies; Provided, That the Secretary of Defense may from time to time, and unless the President shall otherwise direct, exempt the National Mili- tary Establishment from action taken or which may be taken by the Administrator under clauses (1), (2), (8), and (4) above whenever he determines such exemption to be in the best interests of national security. (b) The Administrator shall as far as practicable provide any of the services specified in subsection (a) of this section to any other Federal agency, mixed ownership corporation (as defined in the Gov- ernment Corporation Control Act), or the District of Columbia, or the Senate, or the House of Representatives, upon its request. (o) In acquiring personal property, any executive agency, under regulations to be prescribed by the Administrator, may exchange or sell similar items and may apply the exchange allowance or proceeds of sale in such cases in whole or in part payment for the property acquired: Provided, That any transaction carried out under the authority of this subsection shall be evidenced in writing. ( (1): pes That contracts for public utility services may be PROPERTY UTILIZATION qd Sxzo. 202. (a) In order to minimize expenditures for property, the Administrator shall prescribe policies and methods to promote the maximum utilization of excess property by executive agencies, and he shall provide for the transfer of excess property among Federal agencies, (b) Each executive agency shall (1) maintain adequate inventor ( controls and accountability systems for the property under its control, (2) continuously survey property under its control to determine which is 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 possible in accordance with authority delegated and regulations prescribed by the Administrator. (c) Each executive agency shall, as far as practicable, (1) make reassignments of property among activities within the agency when such property is determined to be no longer required for the purposes of the ap) eb naion from which it was purchased, (2) transfer excess property under its control to other Federal agencies, and (3) obtain excess property from other Federal agencies. nder existing provisions of law and procedures defined by the Secretary of Defense, and without regard to the requirements of this section except subsection (f), excess property of one of the depart- ments of the National Military Establishment may be transferred to another department thereof. (e) Transfers of excess property between Federal agencies (except