Sec. 210. Operation of buildings and related activities." TITLE III-PROCUREMENT PROCEDURE Sec. 301. Declaration of purpose. Sec. 302. Application and procurement methods. Sec. 303. Advertising requirements. Sec. 304. Requirements of negotiated contracts. Sec. 305. Advance payments. [Sec. 306. Waiver of liquidated damages] (Repealed-see note under this section number) Sec. 307. Administrative determinations and delegations. Sec. 308. Statutes continued in effect. Sec. 309. Definitions. Sec. 310. Statutes not applicable. TITLE IV-FOREIGN EXCESS PROPERTY Sec. 401. Disposal of foreign excess property. Sec. 501. Short title. TITLE V-FEDERAL RECORDS * 4 Sec. 502. Custody and control of property. Sec. 503. National Historical Publications Commission. Sec. 504. Federal Records Council. Sec. 505. Records management; the Administrator. Sec. 506. Records management; agency heads. Sec. 507. Archival administration. Sec. 508. Reports. Sec. 509. Legal status of reproductions. Sec. 510. Limitation on liability. Sec. 511. Definitions. (6) Public Law 760, 83d Cong., approved August 31, 1954, 68 Stat. 1051, "An Act To amend the Federal Property and Administrative Services Act of 1949, as amended, to provide for the payment of appraisers', auctioneers', and brokers' fees from the proceeds of disposal of Government surplus real property, and for other purposes"; (7) Public Law 766, 83d Cong., approved September 1, 1954, 68 Stat. 1126, "An Act To amend the Federal Property and Administrative Services Act of 1949, as amended, to authorize the Administrator of General Services to establish and operate motor vehicle pools and systems and to provide office furniture and furnishings when agencies are moved to new locations, to direct the Administrator to report the unauthorized use of Government motor vehicles, and to authorize the United States Civil Service Commission to regulate operators of Government-owned motor vehicles, and for other purposes"; (8) Public Law 61, 84th Cong., approved June 3, 1955, 69 Stat. 83, 'An Act To amend the Federal Property and Administrative Services Act of 1949 so as to improve the administration of the program for the utilization of surplus property for educational and public health purposes" (9) Public Law 148, 84th Cong., approved July 12, 1955, 69 Stat. 297, "An Act To amend the Federal Property and Administrative Services Act of 1949, as amended, and for other purposes"; (10) Public Law 200, 84th Cong., approved August 1, 1955, 69 Stat. 430, "An Act To amend the Federal Property and Administrative Services Act of 1949, as amended, to authorize the Administrator of General Services to donate certain property to the American National Red Cross"; (11) Public Law 373, 84th Cong., approved August 12, 1955, 69 Stat. 695, "Joint Resolution To provide for the acceptance and maintenance of Presidential libraries, and for other purposes"; and (12) Public Law 388, 84th Cong., approved August 12, 1955, 69 Stat. 721, "An Act To amend the Federal Property and Administrative Services Act of 1949 to make temporary provision for making payments in lieu of taxes with respect to certain real property transferred by the Reconstruction Finance Corporation and its subsidiaries to other Government departments". 2 "Sec. 210" and "Sec. 211" were inserted in the table of contents by section 5 (b) of Public Law 754. The words "and operation" were inserted in the caption for sec. 211 by section 4 of Public Law 766. 3 Sec. 210 was redesignated as sec. 212 in the table of contents and wherever such section number appears in the Act as originally enacted, by section 5 (a) of Public Law 754. 4"TITLE V-FEDERAL RECORDS" and "Sec. 501" to "Sec. 511," inclusive, were added to the table of contents by section 6 (c) of Public Law 754. Sec. 703. Property transferred by the Reconstruction Finance Corporation. Sec. 705. Effective date. ANALYSIS Section 1. Short title (Sec. 1, 63 Stat. 377, as amended by sec. 5, 64 Stat. 580, sec. 6, 64 Stat. 583, sec. 4, 68 Stat. 1129, and sec. 1, 69 Stat. 721; 40 U. S. C. 471, note) This section provides the short title "Federal Property and Administrative Services Act of 1949", and follows with a table of contents. 5 Section 6 (a) of Public Law 754 redesignated Title V of the Federal Property and Administrative Services Act of 1949, as originally enacted, to be title VI, and provided that wherever "title V" appeared therein, it is amended to read "title VI". Section 6 (b) of Public Law 754 redesignated sections 501-505, inclusive, of the Act, respectively, as sections 601-605, inclusive, and provided that, wherever any such section number appears in the Act as originally enacted, it is amended to conform in numbering to the redesignation prescribed by section 6 (b). Inserted by section 1 of Public Law 388, 84th Cong., approved August 12, 1955. DECLARATION OF POLICY SEC. 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, establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas, management of public utility services, repairing and converting, establishment of inventory levels, establishment of forms and procedures, and representation before Federal and State regulatory bodies; (b) the utilization of available property; (c) the disposal of surplus property; and (d) records management. ANALYSIS Section 2. Declaration of policy (Sec. 2, 63 Stat. 378, as amended by sec. 1, 68 Stat. 1126; 40 U. S. C. 471) This is very brief and states the intent of the Congress to provide for the Government an economical and efficient system for (a) the procurement and supply of personal property and nonpersonal services and performance of related functions; (b) the utilization of available property; (c) the disposal of surplus property; and (d) records management. Other sections of Public Law 152 implemented items (a), (b), and (c) by consolidating scattered property functions and by providing a new uniform charter for property management. Item (d) was implemented by Public Law 152 only by the transfer of the National Archives Establishment to the General Services Administration and by the provisions of section 104, but an effective system of records management was provided for by the addition of title V, pertaining to Federal records, by section 6 of Public Law 754. The text "establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas" was inserted in this section by section 1 of Public Law 766 of the 83d Congress. DEFINITIONS SEC. 3. As used in titles I through VI of this Act— (a) The term "executive agency" means any executive department or independent establishment in the executive branch of the Government, 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, the House of Representatives, and the Architect of the Capitol and any activities under his direction). (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 (including lands withdrawn or reserved from the public domain which the Administrator, with the concurrence of the Secretary of the Interior, determines are suitable. for return to the public domain for disposition under the general public land laws because such lands are not substantially changed in character by improvements) and lands reserved or dedicated for national forest or national park purposes; (2) naval vessels of the following categories: Battleships, cruisers, aircraft carriers, destroyers, and submarines; and (3) records of the Federal Government. (e) The term "excess property" means any property under the control 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. (g) The term "surplus property" means any excess property not 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. (i) The term "person" includes any corporation, partnership, firm, association, trust, estate, or other entity. (j) The term "nonpersonal services" means such contractual services, other than personal and professional services, as the Administrator shall designate. (k) The 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 performance under the entire contract; and (2) any property which the Government is obligated or has the option to take over under any type of contract as a result either of any changes in the specifications or plans thereunder or of the termination of such contract (or subcontract thereunder), prior to completion of the work, for the convenience or at the option of the Government. (1) The term "motor vehicle" means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, exclusive of any vehicle designed or used for military field training, combat, or tactical purposes, or used principally within the confines of a regularly established military post, camp, or depot, and any vehicle regularly used by an agency in the performance of investigative, law enforcement, or intelligence duties if the head of such agency determines that exclusive control of such vehicle is essential to the effective performance of such duties. ANALYSIS Section 3. Definitions (Sec. 3, 63 Stat. 378, as amended by sec. 7 (a), 64 Stat. 590, sec. 8 (a), 64 Stat. 591, secs. 1 (a) and 1 (b), 66 Stat. 593, sec. 4, 68 Stat. 1129, and sec. 2, 69 Stat. 722; 40 U. S. C. 472) Three definitions require special note. "Federal agency" (section 3 (b)): section 8 (a) of Public Law 754 amended section 3 (b) to read as above. Prior to being amended, it read as follows: "The cerm '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 Representatives)". Thus the amendment made by section 8 (a) of Public Law 754 excluded from the definition of "Federal agency" the Architect of the Capitol and any activities under his direction. Services and facilities authorized by the Act to be rendered or furnished shall be made available to the Houses of Congress and the Architect of the Capitol, but only upon their request, as provided in section 602 (e) of the Act which was inserted by section 8 (c) of Public Law 754. Thus the autonomy of the Congress and of the Architect of the Capitol is preserved, except insofar as they may desire to be included in the procurement and related services provided by the Administrator. It is appropriate at this point to make note of Public Law 394 of the 81st Congress, approved October 26, 1949, 63 Stat. 920, 40 U. S. C. 482, reading as follows: "JOINT RESOLUTION "To clarify the status of the Architect of the Capitol under the Federal Property and Administrative Services Act of 1949. "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the term 'the Senate and the House of Representatives', as used in the Federal Property and Administrative Services Act of 1949, shall be construed to include the Architect of the Capitol and any activities under his direction, and any of the services authorized by such Act shall (as far as practicable) be made available to the Architect of the Capitol, upon his request." "Property" (section 3 (d)): section 7 (a) of Public Law 754 amended section 3 (d) as it appeared originally in Public Law 152 by striking out the word "and" preceding "(2)", substituting a semicolon for the period which appeared after "submarines" at the end of the subsection, and adding at the end of the words "and (3) records of the Federal Government." The exclusion of records of the Federal Government from the definition of the term "property" was made in connection with the addition by section 6 of Public Law 754 of the new title V relating to Federal records, and was appropriate for the reason that statutes relating to real and personal property are not applicable to records, and vice versa. The text in parenthesis in clause (1) of subsection (d), immediately following the word "domain", was inserted by subsection (a) of section 1 of Public Law 522 of the 82d Congress, approved July 12, 1952. The amendment thus means that lands previously withdrawn or reserved from the public domain for other Gov |