1. FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED* SHORT TITLE That this Act may be cited as the "Federal Property and Administrative Services Act of 1949". 40 U.S.C. 471 note 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. 106. Redistribution of functions. Sec. 107. Transfer of funds. Sec. 108. Status of transferred employees. [Repealed.] Sec. 109. General supply fund. Sec. 110. Federal telecommunications fund.1 Sec. 111. Automatic data processing equipment." TITLE II-PROPERTY 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. 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. Operation of buildings and related activities. Sec. 212. 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. [Repealed.] Sec. 307. Administrative determinations and delegations. Sec. 308. Statutes continued in effect. Sec. 309. Definitions. Sec. 310. Statutes not applicable. *Citations to amendments and footnotes appear after the complete text of the Act. 1 40 U.S.C. 471 TITLE IV-FOREIGN EXCESS PROPERTY Sec. 401. Disposal of foreign excess property. Sec. 501. Short title. TITLE V-FEDERAL RECORDS 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. TITLE VI-GENERAL PROVISIONS Sec. 601. Applicability of existing procedures. Sec. 603. Authorization for appropriations. Sec. 604. Separability. Sec. 605. Effective date. TITLE VII-PROPERTY TRANSFERRED FROM THE RECONSTRUCTION Sec. 701. Declaration of Policy. Sec. 702. Definitions. Sec. 703. Property transferred by the Reconstruction Finance Sec. 704. Limitations. Sec. 705. 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, 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. 40 U.S.C. 472 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. 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 shal 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 effect of the provision of this Act as the President shall designate, and such officer while so serving shall receive the salary fixed for the Administrator. (e) Pending the effective date of other provisions of law fixing the rates of compensation of the Administrator, the Deputy Administrator and of the heads and assistant heads of the principal organizational units of the General Services Administration, and taking into consideration provisions of law governing the compensation of officers having comparable responsibilities and duties, the President shall fix for each of them a rate of compensation which he shall deem to be commensurate with the responsibilities and duties of the respective offices involved. TRANSFER OF AFFAIRS OF BUREAU OF FEDERAL SUPPLY SEC. 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 Secretary of the Treasury, relating to the Bureau of Federal Supply, are hereby transferred to the Administrator. The records, property, personnel, 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 shall determine to relate primarily to functions transferred by this section or vested in the Administrator by titles II, III, and VI, of this Act, are hereby transferred to the General Services Ad 102 (a) ministration. 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 Settlement Act Advisory Board created by section 5 of the Contract Settlement 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 functions 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 balances (available or to be made available) of appropriations, allocations, 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. 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. |