Page images
PDF
EPUB

TITLE III-GENERAL PROVISIONS

Sec. 301. Applicability of existing procedures.
Sec. 302. Repeal and saving provisions.
Sec. 303. Authorization for appropriations.
Sec. 304. Separability.
Sec. 305. Effective date.

DECLARATION OF POLICY

SEC. 2. It is the intent of Congress in enacting this legislation to provide for the Government an economic and efficient system for (a) the procurement and supply of personal property and nonpersonal services; (b) the utilization of available property; and (c) the disposal of surplus property.

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.

(c) The term “Administrator" means the Federal Works Administrator.

(d) The term “property” means any interest in property of any kind except (i) the public domain and lands reserved or dedicated for national forest or national park purposes; and (ii) 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 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 responsibilities of the Federal Government, as determined by the Administrator.

(h) The term "care and handling” includes completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, and transporting, 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 contractural services, other than personal and professional services, as the Administrator shall designate.

(k) The term "contractor inventory” means (i) 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 amonuts needed to complete performance under such contract; and (ii) 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 the completion of the work, for the convenience or at the option of the Government.

TITLE 1-PROPERTY MANAGEMENT

TRANSFER OF THE BUREAU OF FEDERAL SUPPLY TO THE FEDERAL WORKS AGENCY AND

TRANSFER FOR LIQUIDATION OF THE AFFAIRS OF THE WAR ASSETS ADMINISTRATION TO THE FEDERAL WORKS AGENCY

SEC. 101. (a) The Bureau of Federal Supply in the Department of the Treasury and its functions, records, property, personnel, obligations, and commitments, are hereby transferred from the Department of the Treasury to the Federal Works Agency, 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 subsection or vested in the Administrator by this title. There shall be at the head of such Bureau a Commissioner of Federal Supply, who shall be appointed by the Administrator and who shall receive compensation at the rate of $10,000 per annum. The functions of (i) the Director of the Bureau of Federal Supply, (ii) the personnel of such Bureau, and (iii) the Secretary of the Treasury, relating to the Bureau of Federal Supply, are hereby transferred to the Administrator.

(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 Federal Works Agency 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 Federal Works Agency, but the functions of the Boards shall be performed by them, respectively, under conditions and limitations otherwise prescribed by law. There shall also be transferred to the Federal Works Agency 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) The functions, records, property, personnel, obligations, and commitments of the War Assets Administration are hereby transferred to the Federal Works Agency. The functions of the War Assets Administrator are hereby transferred to the Federal Works Administrator. The War Assets Administration and the office of the War Assets Administrator are hereby abolished. All rights, with respect to employment by the Government, of the personnel transferred by this subsection, shall be neither greater nor less by virtue of such transfer than such rights would have been had the War Assets Administration continued as an independent agency of the Government. Personnel now holding appointments granted under 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.

(d) All unexpended balances of appropriations, allocations, or other funds available or to be made available, for the use of the Bureau of Federal Supply and of the War Assets Administration, and so much of the other unexpended balances of appropriations, allocations, or other funds of the Department of the Treasury, available or to be made available, as the Director of the Bureau of the Budget shall determine to relate primarily to functions transferred from such Department or vested in the Administrator by the provisions of this title, shall be transferred to the Federal Works Agency for use in connection with said functions.

(e) The Administrator is being hereby authorized, in his discretion, in order to provide for the effective accomplishment of the functions transferred by this section or vested in him by this title, and from time to time, to reorganize the several bureaus and administrations within the Federal Works Agency, to regroup, transfer, and distribute any such functions within the Federal Works Agency, and with the approval of the Director of the Bureau of the Budget to make appropriate transfers of funds in connection therewith.

(f) 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.

PROCUREMENT, WAREHOUSING, AND RELATED ACTIVITIES SEC. 102. (a) The Administrator shall, in respect of executive agencies, and to the extent that he determines that so doing is advantageous to the Government in terms of economy, efficiency, or service, and with due regard to the program activities of the agencies concerned

(i) prescribe policies and methods of procurement of personal property and nonpersonal services, and of warehousing, stocking, transportation, and distribution of personal property; and

(ii) operate, and after consultation with the executive agencies affected consolidate, take over, or arrange for the operation by any executive agency of, warehouses, supply centers, repair shops, fuel yards, and other similar facilities; and

(iii) procure personal property and nonpersonal services; and

(iv) advise all executive agencies on traffic management and as to reasonableness of carriers' rates and charges, and represent all such agencies in negotiating rates and charges with carriers and in proceedings involving

carriers' rates and charges before Federal and State regulatory bodies ; Provided, That the Secretary of Defense may from time to time, and unless the President shall otherwise direct, except the National Military Establishment from action taken or which may be taken by the Administrator under clauses (i), (ii), (iii), and (iv) above whenever he determines such exception to be in the best interests of national security.

(b) The Administrator may provide any of the services specified in subsection (a) of this section to any other Federal agency, mixed ownership corporation (as defined in the Government Corporation Control Act), or the District of Columbia, upon its request.

PROPERTY UTILIZATION

SEC. 103. (a) In order to minimize expenditures for property, the Administrator shall prescribe policies and methods to promote the maximum utilization of excess property by executive agencies, and he shall provide for the transfer of excess property among Federal agencies.

(b) Each executive agency shall (i) maintain adequate inventory controls and accountability systems for the property under its control, (ii) continuously survey property under its control to determine which is excess property, and (iii) perform the care and handling of such excess property.

(c) Each executive agency shall, when appropriate, (i) make reassignments of property among activities within the agency when such property is determined to be no longer required for the purposes of the appropriation from which it was purchased, (ii) transfer excess property under its control to other Federal agencies, and (iii) obtain excess property from other Federal agencies.

(d) Under existing provisions of law and procedures defined by the Secretary of Defense, and without regard to the requirements of this section except sub. section (f), excess property of one of the departments of the National Military Establishment may be transferred to another department thereof.

(e) Transfers of excess property between Federal agencies (except transfers for distribution among Federal agencies or for disposal as surplus property) shall be at the fair value thereof, as determined by, or pursuant to regulations of, the Administrator, unless such transfer is otherwise authorized by law without reimbursement or transfer of funds.

(f) The Director of the Bureau of the Budget shall prescribe regulations providing for the reporting to said Director by executive agencies of such reassignments or transfers of property between activities financed by different appropriations as he shall deem appropriate, and the reassignments and transfers so reported shall be reported to the Congress in the annual budget or otherwise as said Director may determine.

(g) Whenever the Administrator determines that the assignment or reassign. ment of any space in excess real property to any Federal agency for office, storage, or related facilities would be more advantageous than the permanent transfer of such property, he may make such assignment or reassignment for such period of time as he shall determine and obtain therefrom, in the absence of appropriation available to him therefore, appropriate reimbursement for the expense of maintaining such space.

(h) The Administrator may authorize the abandonment, destruction, or donation to public bodies of property which has no commercial value or the estimated cost of care and handling of which would exceed the estimated proceeds from its sale.

DISPOSAL OF SURPLUS PROPERTY SEC. 104. (a) Except as provided in subsection (i) of this section, the Administrator shall have supervision and direction over the disposition of surplus property. Such property shall be disposed of to such extent, at such time, in such areas, by such agencies, at such terms and conditions, and in such manner, as may be prescribed in or pursuant to this Act.

(b) The care and handling of surplus property, pending its disposition, may be performed by the Federal Works Agency or, when so determined by the Admin

istrator, by the executive agency in possession thereof or by any other executive agency consenting thereto.

(c) Any executive agency designated or authorized by the Administrator to dispose of surplus property may do so by sale, exchange, lease, or transfer, for cash or credit, with or without warranty, and upon such other terms and conditions as the Administrator deems proper, and it may execute such documents for the transfer of title or other interest in property and take such other action as it deems necessary or proper to ispose of such property under the provisions of this title.

(d) A deed, bill of sale, lease, or other instrument executed by or on behalf of any executive agency purporting to transfer title or any other interest in property under this title shall be conclusive evidence of compliance with the provisions of this title insofar as title or other interest of any grantee or transferee is concerned.

(e) Unless the Administrator shall determine that disposal by advertising will in a given case better protect the public interest, surplus-property disposals may be made without regard to any provision of existing law for advertising until 12 o'clock noon eastern standard time, December 31, 1949.

(f) Subject to regulations of the Administrator, any executive agency may authorize any contractor with such agency or subcontractor thereunder to retain or dispose of any contractor inventory.

(g) The Administrator, in formulating policies with respect to the disposal of surplus agricultural commodities, surplus foods processed from agricultural commodities, and surplus cotton or woolen goods, shall consult with the Secretary of Agriculture. Such policies shall be so formulated as to prevent surplus agricultural commodities, or surplus food processed from agricultural commodities, from being dumped on the market in a disorderly manner and disrupting the market prices for agricultural commodities.

(h) Whenever the Secretary of Agriculture determines such action to be required to assist him in carrying out his responsibilities with respect to price support or stabilization, the Administrator shall transfer wthout charge to the Department of Agriculture any surplus agricultural commodities, foods, or cotton or woolen goods to be disposed of. Receipts resulting from disposal by the Department of Agriculture under this subsection shall be deposited pursuant to any authority available to the Secretary of Agriculture, except that net proceeds of any sale of surplus property so transferred shall be credited pursuant to section 105 (b), when applicable. Surplus farm commodities so transferred shall not be sold, other than for export, in quantities in excess of, or at prices less than, those applicable with respect to sales of such commodities by the Commodity Credit Corporation, or at less than current prevailing market prices, whichever may be the higher; and the Commodity Credit Corporation may dispose of or cause to be disposed of for cash or its equivalent in goods or for adequately secured credit, for export only, and at competitive world prices, any farm commodity or product thereof without regard to restrictions with respect to the disposal of commodities imposed upon it by any law: Provided, That no food or food product shall be sold or otherwise disposed of under this subsection for export (i) if there is a shortage of such food or food product in the United States or if such sale or other disposition may result in such a shortage, or (ii) if such food or food product is needed to supply the normal demands of consumers in the United States.

(i) The United States Maritime Commission shall dispose of surplus vessels of one thousand five hundred gross tons or more which the Commission determines to be merchant vessels or capable of conversion to merchant use, and such vessels shall be disposed of only in accordance with the provisions of the Merchant Marine Act, 1936, as amended, and other laws authorizing the sale of such vessels.

PROCEEDS FROM TRANSFER OR DISPOSITION OF PROPERTY

SEC. 105. (a) All proceeds under this title from any transfer of excess property to a Federal agency for its use, or from any sale, lease, or other disposition of surplus property, shall be covered into the Treasury as miscellaneous receipts, except as provided in subsections (b), (c), and (d) of this section.

(b) Where the property transferred or disposed of was acquired by the use of funds either not appropriated from the general fund of the Treasury or appropriated therefrom but by law reimbursable from assessment, tax, or other revenue or receipts, then the net proceeds of the disposition or transfer shall

be credited to the reimbursable fund or appropriation or paid to the Federal agency which determined such property to be excess: Provided, That the proceeds shall be credited to miscellaneous receipts in any case when the agency which determined the property to be excess shall deem it uneconomical or impractical to ascertain the amount of net proceeds. As used in this subsection the term “net proceeds of the disposition or transfer" means the proceeds of the disposition or transfer minus all expenses incurred for care and handling and disposition or transfer.

(c) Any Federal agency disposing of surplus property under this title (i) may deposit, in a special account with the Treasurer of the United States, such amount of the proceeds of such dispositions as it deems necessary to permit appropriate refunds to purchasers when any disposition is rescinded or does not become final, or payments for breach of any warranty, and (ii) may withdraw therefrom amounts so to be refunded or paid, without regard to the origin of the funds withdrawn.

(d) Where any contract entered into by an executive agency or any subcon. tract under such contract authorizes the proceeds of any sale of property in the custody of the contractor or subcontractor to be credited to the price or cost of the work covered by such contract or subcontract, the proceeds of any such sale shall be credited in accrdance with the contract or subcontract.

(e) Where any mortgage, lien, or other interest as security is retained in connection with any disposition of surplus property under this title, the Administrator shall preserve and manage such security and may enforce and settle any right of the Government with respect thereto in such manner and upon such terms as he deems in the best interest of the Government.

POLICIES, REGULATIONS, AND DELEGATIONS SEC. 106. (a) The President may prescribe such policies, not inconsistent with the provisions of this title, as he shall deem necessary to effectuate the provisions of this title, which policies shall guide the Administrator and executive agencies in carrying out their respective functions hereunder.

(b) The Administrator shall prescribe such regulations as he deems necessary to effectuate his functions under this title, and the head of each Federal agency shall cause to be issued such orders and directives as he deems necessary to carry out such regulations.

(c) The Administrator is authorized to delegate and to authorize successive redelegation of any authority transferred to or vested in him by this title (except for the authority to issue regulations on matters of policy having application to executive agencies and the authority contained in subsection 101 (e)) to any official in the Federal Works Agency or to the head of any other Federal agency.

(d) With respect to any function transferred to or vested in the Federal Works Agency or the Administrator by this title, the Administrator may (i) direct the undertaking of its performance by the Federal Works Agency or by any constituent organization therein which he may designate or establish; or (ii) designate and authorize any executive agency to perform such function for itself;. or (iii) designate and authorize any other executive agency to perform such function; or (iv) provide for such performance by any combination of the foregoing methods. Any designation, assignment, or transfer of functions by the Administrator to another executive agency under this section shall be made only with the consent of the executive agency concerned.

(e) When any executive agency (including the Federal Works Agency and constituent organizations thereof) is authorized and directed by the Administrator to carry out any function under this title, the Administrator may, with the approval of the Director of the Bureau of the Budget, provide for the transfer of appropriate personnel, records, property, and funds of the Federal Works Agency, or of such other executive agency as has theretofore carried out such function, to the executive agency so authorized and directed.

(f) The Administrator may establish industry advisory committees to advise with him with respect to any function transferred to or vested in the Administrator by this Act. The members thereof shall serve without compensation but shall be entitled to transportation and not to exceed $25 per diem in lieu of subsistence, as authorized by section 5 of the Act of August 2, 1946 (5 U. S. C. 73b-2), for persons so serving

(g) The Administrator shall advise and consult with interested Federal agencies with a view to obtaining their advice and assistance in carrying out the purposes of this title.

« PreviousContinue »