[CHAPTER 478-2D SESSION] [S. 1302] AN ACT To aid the associations, groups, organizations, and institutions encouraging par ticipation of the youth of the country in athletic and sports programs by making surplus athletic equipment available to such associations, groups, organizations, and institutions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a), notwithstanding the provisions of the Surplus Property Act of 1944, as amended, the War Assets Administrator is authorized to dispose of, without charge except for disassembling, transportation and delivery, to States, their political subdivisions and instrumentalities; to public and governmental institutions; to nonprofit or tax-supported educational institutions and organizations; to charitable and eleemosynary institutions and organizations; to nonprofit associations, groups, institutions, and organizations designated to promote, support, sponsor, or encourage the participation of the youth of the country in athletics, sports, and games any surplus personal property which is suitable for use in athletics, sports, or games by the youth of the country. (b) To aid in making surplus athletic equipment available to the youth of the country through associations, groups, organizations, and institutions sponsoring or promoting the participation of youth in athletics, sports, and games, any Government agency having a surplus of personal property which would be suitable for the purposes of this Act may declare such surplus to the War Assets Administrator who shall have authority to dispose of same in accordance with the provisions of this Act. (c) Any surplus property suitable for use by the youth of the country in athletics, sports, and games, or any property owned by any agency of the Government hereafter declared surplus which may be so used, shall not be disposed of in any manner other than as provided in this Act unless the Administrator has given sufficient notice of such property available for disposal as herein provided and no request for such property has been received. SEC. 2. (a) Any property so transferred shall be without restriction and without charge to the transferee except for disassembling, transporting, and delivering such property. The United States shall incur no obligation or liability in connection with the disassembling, transporting, or delivery of any property disposed of pursuant to this Act. (b) The War Assets Administrator is hereby authorized to prescribe, amend, and rescind such rules and regulations as he may deem necessary to carry out the provisions of this Act. (c) The War Assets Administrator is hereby authorized to deter mine the qualifications of the transferees under the provisions of this Act and his decision shall be final. (d) The War Assets Administrator is hereby authorized to effect transfers under the provisions of this Act without regard to priority as between the transferees under this Act or any other law, any law to the contrary notwithstanding. Approved June 16, 1948. [PUBLIC LAW 829-80TH CONGRESS] [H. R. 2239] AN ACT To amend section 13 (a) of the Surplus Property Act of 1944, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 13 (a) of the Surplus Property Act of 1944, as amended, is hereby amended by inserting a new paragraph as follows: "(3) Surplus property certified by the Governor of the State in which the property is situated and by the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, as the case may be, as being suitable and needed for use in training and maintaining any civilian component of the armed forces under his jurisdiction may be disposed of to States, their political subdivisions or tax-supported instrumentalities, subject to such terms and conditions as the Administrator determines to be necessary to properly protect the interests of the United States. Such disposals shall be without monetary consideration: Provided, That the Government shall be reimbursed for such costs incident to the disposal of the property as the Administrator may deem proper, including the expense of removal of any machinery, equipment, or personal property not transferred as a part of such disposal." Approved June 29, 1948. [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 TITTLE 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. 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. 404. Miscellaneous provisions. TITLE V-GENERAL PROVISIONS Sec. 501. Applicability of existing procedures. 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. |