rentals may be deposited into a common fund account or accounts in the Treasury, and notwithstanding the provisions of the Act of June 30, 1932 (40 U. S. C. 303b), shall be available to pay the cost of such maintenance, repair, and alterations of any improvements located on such sites or additions to sites as is necessary to keep them in rentable condition and for the establishment of necessary reserves therefor: Provided, That except for such necessary reserves, as determined by the Commissioner, the unobligated balances of rentals so deposited into the Treasury shall be covered at the end of each fiscal year into miscellaneous receipts: Provided further, That with respect to improvements on such sites or additions to sites which are suitable for residential purposes only and the estimated annual rentals of which will not exceed $1,200, the Commissioner may enter into leases without regard to the provisions of section 3709 of the Revised Statutes, as amended." SEC. 403. Section 5 of the Public Buildings Act of May 25, 1926 (44 Stat. 630), is hereby amended to delete the following words which appear at the end of the last paragraph thereof: "and to charge against the total sum of $150,000,000 hereinbefore authorized only the respective net excess cost, if any, over and above the proceeds of such sales, or providing such new sites and buildings", and after the words "miscellaneous receipts" change the comma to a period. SEC. 404. The Federal Works Administrator, together with the Postmaster General where his office is concerned, is authorized to accept on behalf of the United States unconditional gifts of real, personal, or other property in aid of any project or function within their respective jurisdictions. SEC. 405. The provisions of section 601 of the Economy Act, approved June 30, 1932, as amended, are hereby extended to authorize the Public Buildings Administration to furnish services in the continental United States, on the basis of full reimbursement, at the request of the State Department, to any international body with which the United States Government is affiliated. SEC. 406. The Commissioner of Public Buildings is authorized to contract for seeding, planting, or landscaping the grounds of any public building constructed or acquired by the Public Buildings Administration in an amount not exceeding $1,800, without reference to section 3709 of the Revised Statutes. SEC. 407. The Commissioner of Public Buildings is authorized to procure space in the District of Columbia by lease, upon such terms and for such period, not in excess of one year, as he may deem in the public interest, for the housing of any Federal agency or agencies, except the Post Office Department, and to assign and reassign such space. As used in this section, the term "Federal Agency" means any executive department (except the Post Office Department), independent establishment, commission, board, bureau, in the executive branch, or other agency of the United States, including wholly owned Government corporations. SEC. 408. The Federal Works Administrator is hereby authorized to enter into such agreements with the city of Chicago, Illinois, as he shall deem necessary and in the public interest, in connection with the construction by the said city of a superhighway through the Congress Street Post Office located in said city. For the purposes of this section there is hereby authorized to be appropriated such sum as shall be necessary to defray such cost, if any, which said Administrator shall determine should be borne by the United States as an incident to the construction by the said city of the superhighway through said post office. SEC. 409. The Federal Works Administrator and the Postmaster General shall submit to the Congress promptly after the convening of each new Congress, reports showing the location and the approximate accommodations of such public building projects throughout the United States, its Territories and possessions, as they shall find eligible to be constructed in accordance with applicable statutory provisions. Such reports shall indicate the limit of cost of each project when in excess of $200,000. When the estimated cost of a project does not exceed $200,000 the limit of cost shall be determined by the Commissioner of Public Buildings. The report herein provided for shall supersede the report required by the Public Buildings Act of 1926 (44 Stat. 630, as amended). SEC. 410. The Federal Works Administrator, with the approval of the Bureau of the Budget, is authorized, notwithstanding any other provision of law, to change or rechange the name or designation of any building in the custody and jurisdiction of the Federal Works Agency. SEC. 411. All Acts and parts of Acts inconsistent or in conflict with the foregoing provisions are hereby repealed to the extent of such inconsistency or conflict. Approved June 16, 1949. [CHAPTER 288-1ST SESSION] [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 of Representatives of the United States of America in Congress assembled, SHORT TITLE That this Act may be cited as the "Federal Property and Administrative Services Act of 1949". Sec. 2. Declaration of policy. Sec. 3. Definitions. TABLE OF CONTENTS 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-PROPERTY MANAGEMENT Sec. 201. Procurement, warehousing, and related activities. 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. 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. 36-928 - 79-26 Sec. 307. Administrative determinations and delegations. Sec. 309. Definitions. Sec. 310. Statutes not applicable. TITLE IV-FOREIGN EXCESS PROPERTY Sec. 401. Disposal of foreign excess property. Sec. 402. Methods and terms of disposal. Sec. 404. Miscellaneous provisions. TITLE V-GENERAL PROVISIONS Sec. 501. Applicability of existing procedures. Sec. 502. Repeal and saving provisions. Sec. 503. Authorization for appropriations. Sec. 505. Effective date. 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, 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. 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 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 and the House of Representatives). (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 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 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. TITLE I-ORGANIZATION GENERAL SERVICES ADMINISTRATION SEC. 101. (a) There is hereby established an agency in the executive branch of the Government which shall be known as the General Services Administration. (b) There shall be at the head of the General Services Administration an Administrator of General Services who shall be appointed by the President by and with the advice and consent of the Senate, and perform his functions subject to the direction and control of the President. (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 perform such functions as the Administrator shall designate and shall be Acting Administrator of General Services during the absence or disability of the Administrator and, unless the President shall designate 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 provisions of this section, his functions shall be performed temporarily by 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. |