TRANSFER OF AFFAIRS OF THE FEDERAL WORKS AGENCY

SEC. 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 Administrator 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 Administrator, the office of Commissioner of Public Buildings, and the office of Assistant Federal Works Administrator.

ANALYSIS

Section 103. Transfer of affairs of the Federal Works Agency (Sec. 103, 63 Stat. 380; 5 U. S. C. 630b)

(a) Transfer of constituents and functions of the Federal Works Agency.— This subsection transfers to the General Services Administration the functions, records, and personnel of (1) the Public Buildings Administration and (2) the Public Roads Administration (to be known as the Bureau of Public Roads), and all other functions, records, and personnel of (3) the Federal Works Agency. The functions of the Federal Works Administrator, the Commissioner of Public Buildings, and the Commissioner of Public Roads are transferred to the Administrator of General Services, so that there thus is conformance to the strong recommendation of the Commission on Organization of the Executive Branch of the Government for an integrated organization with all statutory authority and responsibility vested in the head of the organization.

[NOTE] The Bureau of Public Roads, together with its functions, personnel, and funds and the functions of the Commissioner of Public Roads, was transferred to the Department of Commerce by Reorganization Plan No. 7 of 1949, effective Aug. 20, 1949 (63 Stat. 1070; 5 U. S. C. 133z-15, note).]

Various functions received by the General Services Administration from the Federal Works Agency pursuant to sec. 103 (a), and carried out by the Bureau of Community Facilities, a constituent agency of the Federal Works Agency, were transferred from the General Services Administration by Reorganization Plans Nos. 15, 16, and 17 of 1950, all effective May 24, 1950 (64 Stat. 1267, 1268, 1269; 5 U. S. C. 133z-15, note), to the Department of the Interior, the Federal Security Agency, and the Housing and Home Finance Agency, respectively.

(b) Abolition of Federal Works Agency. This subsection abolishes the Federal Works Agency, Public Buildings Administration, Office of the Federal Works Administrator, Office of the Commissioner of Public Buildings, and the Office of the Assistant Federal Works Administrator. The Administrator of General Services has established the Public Buildings Service to succeed the Public Buildings Administration.

RECORDS MANAGEMENT: TRANSFER OF THE NATIONAL ARCHIVES

SEC. 104. (a) The National Archives Establishment and its functions, 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 Administration 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 Commission, 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 Government 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 management 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.

ANALYSIS

Section 104. Records management: Transfer of the National Archives (Sec. 104, 63 Stat. 381; 44 U. S. C. 391)

(a) Transfer of the National Archives Establishment.-This subsection transfers to the General Services Administration the functions, records, and personnel of the National Archives Establishment, and to the Administrator of General Services the functions of the Archivist of the United States (except his membership in the bodies specified in subsection (b)), and of the Director of the Division of the Federal Register. The Archivist is to be appointed by the Administrator. The National Archives Establishment, provided for in the Act of June 19, 1934 (48 Stat. 1122) which is cited in subsection (b) and which was repealed by

369771-56- 2

13

section 7 (d) of Public Law 754, has been succeeded by the National Archives and Records Service established by the Administrator.

(b) Transfer of National Archives Council and other bodies.-This subsection transfers to the General Services Administration the National Archives Council, the National Historical Publications Commission, the National Archives Trust Fund Board, the Board of Trustees of the Franklin D. Roosevelt Library, and the Administrative Committee of the Federal Register, and provides that the authority of the Administrator under section 106 shall not extend to those bodies or their functions. The National Archives Council ceased to exist by virtue of section 7 (d) of Public Law 754, which repealed the Act of June 19, 1934 (48 Stat. 1122) cited in text. Section 504 of the Federal Property and Administrative Services Act of 1949, which was introduced into the Act as part of title V by section 6 of Public Law 754, provided for the establishment by the Administrator of a new Federal Records Council. The former National Historical Publications Commission was reconstituted by section 503 (a) of the Act, which was introduced therein as part of title V by section 6 Public Law 754.

(c) Surveys of Government records.-This subsection authorizes the Administrator to make surveys of Government records, records management, and disposal practices, and obtain reports on records and disposal procedures from Federal agencies. The Administrator is authorized to promote improvements in records management, storage, and disposition of records and to report to Congress and to the Director of the Bureau of the Budget the results of such activities. This subsection is to be read in the light of title V of the Act introduced therein by section 6 of Public Law 754 and headed "Federal Records".

TRANSFER FOR LIQUIDATION OF THE AFFAIRS OF THE WAR ASSETS
ADMINISTRATION

SEC. 105. The functions, records, property, personnel, obligations, and commitments of the War Assets Administration are hereby transferred to the General Services Administration. The functions of the War Assets Administrator are hereby transferred to the Administrator of General Services. The War Assets Administration, the office of the War Assets Administrator, and the office of Associate War Assets Administrator are hereby abolished. Personnel now holding appointments granted under the second sentence of section 5 (b) of the Surplus Property Act of 1944, as amended, may be continued in such positions or may be appointed to similar positions for such time as the Administrator may determine.

ANALYSIS

Section 105. Transfer for liquidation of the affairs of the War Assets Administration (Sec. 105, 63 Stat. 381 ; 5 U. S. C. 630c)

This section provides for the liquidation of the affairs of the War Assets Administration as an agency and transfers its remaining functions, and its records, property, personnel, obligations, and commitments to the General Services Administration. It also permits the retention of certain special assistants and other experts holding appointments without regard to the provisions of the civil-service laws and the Classification Act of 1923, as amended, and their appointment to similar positions.

The retention in employment and the status of other personnel transferred from War Assets Administration to the General Services Administration are to be governed by applicable provisions of existing law.

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 General Services Administration. The Administrator is hereby authorized to transfer the funds necessary to accomplish said functions and report such transfers of funds to the Director of the Bureau of the Budget.

ANALYSIS

Section 106. Redistribution of functions (Sec. 106, 63 Stat. 381; 5 U. S. C. 630d) Under this section the Administrator of General Services, in order effectively to perform the functions vested in him under the terms of this Act, is authorized to regroup and distribute within the Administration functions transferred to or vested in him by this Act, to make appropriate transfers of funds in connection therewith, and to report such transfers of funds to the Director of the Bureau of the Budget.

Such reporting is necessary in order to assure that funds are expended for the purpose for which they were appropriated, but it is not intended to give the Director of the Bureau of the Budget veto power over the Administrator so far as the organization of the Administration is concerned. The authority in this field should not be divided.