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SURVEYS AND STANDARDIZATION
SEC. 107. (a) As he may deem necessary for the effectuation of his functions under this title, and after adequate advance notice to the agencies affected, and with due regard to the requirements of the National Military Establishment as determined by the Secretary of Defense, the Administrator is authorized (i) to make surveys of Government property and management practices with respect thereto, and obtain reports thereon from executives agencies; (ii) to establish and maintain such uniform Federal supply catalog system to identify and classify personal property under the control of Federal agencies as may be appropriate; and (iii) to prescribe standardized forms and procedures, except such as the Comptroller General is authorized by law to prescribe, and standard purchase specifications.
(b) Each executive agency shall utilize such uniform Federal supply catalog system and standard purchase specifications as far as practicable, taking into consideration efficiency, economy, and other interests of the Government.
APPLICABILITY OF ANTITRUST LAWS
SEC. 108. Whenever any executive agency shall begin negotiations for the disposition to non-Federal interests, public or private, of a plant or plants, or other property, which cost the Government $1,000,000 or more, or of patents, processes, techniques, or inventions, irrespective of cost, the executive agency shall promptly notify the Attorney General of the proposed disposal and the probable terms or conditions thereof. Within a reasonable time, in no event to exceed ninety days after receiving such notification, the Attorney General shall advise the Administrator and the interested executive agency whether, insofar as he can determine, the proposed disposition would tend to create or maintain a situation inconsistent with the antitrust laws. Upon the request of the Attorney General, the Administrator or interested executive agency shall furnish or cause to be furnished such information as it may possess which the Attorney General determines to be appropriate or necessary to enable him to give the advice called for by this section or to determine whether any other disposition of surplus property violates the antitrust laws. Nothing in this Act shall impair, amend, or modify the antitrust laws or limit and prevent their application to persons who buy or otherwise acquire property under the provisions of this Act. As used in this section, the term “antitrust laws” includes the Act of July 2, 1890 (ch. 647, 26 Stat. 209), as amended; the Act of October 15, 1914 (ch. 323, 38 Stat. 730), as amended; the Federal Trade Commission Act, as amended; and sections 73 and 74 of the Act of August 27, 1894 (28 Stat. 570), as amended.
EMPLOYMENT OF PERSONNEL
SEC. 109. (a) The Administrator is authorized, subject to the civil-service and classification laws, to appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this title.
(b) To such extent as he finds necessary to carry out the provisions of this title, the Administrator is hereby authorized to procure the temporary (not in excess of one year) or intermittent services of experts or consultants or organizations thereof, including stenographic reporting services, by contract, and in such cases such service shall be without regard to the civil service and classification laws, and, except in the case of stenographic reporting services by organizations, without regard to section 3709, Revised Statutes, as amended.
(c) Notwithstanding the provisions of section 1222 of the Revised Statutes (10 U. S. C. 576) or of any other provision of law, the Administrator in carrying out the functions imposed upon him by this Act is authorized to utilize in his agency the services of officials and officers in other executive agencies, including personnel of the armed services, with the consent of the head of the agency concerned.
CIVIL REMEDIES AND PENALTIES
SEC. 110. (a) Where any property is transferred or disposed of in accordance with this Act and any regulations prescribed hereunder, no offi er or employee of the Government shall (i) be liable with respect to such transfer or disposition except for his own fraud, or (ii) be accountable for the collection of any purchase price which is determined to be uncollectible by the Federal agency responsible therefor.
(b) Every person who shall use or engage in, or cause to be used or engaged in, any fraudulent trick, scheme, or device, for the purpose of securing or obtaining, or aiding to secure or obtain, for any person any payment, property, or other benefits from the United States or any Federal agency in connection with the procurement, transfer, or disposition of property hereunder, or who enters into an agreement, combination, or conspiracy to do any of the foregoing
(i) shall pay to the United States the sum of $2,000 for each such act, and double the amount of any damage which the United States may have sustained by reason thereof, together with the costs of suit; or
(ii) shall, if the United States shall so elect, pay to the United States, as liquidated damages, a sum equal to twice the consideration agreed to be given by the United States or any Federal agency to such person or by such person to the United States or any Federal agency, as the case may be; or
(iii) shall, if the United States shall so elect, restore to the United States the money or property thus secured and obtained and the United States shall retain as liquidated damages any property, money, or other consideration given to the United States or any Federal agency for such money or
property, as the case may be. (c) The several district courts of the United States, the District Court of the United States for the District of Columbia, and the several district courts of the Territories and possessions of the United States, within whose jurisdictional limits the person, or persons, doing or committing such act, or any one of them, resides or shall be found, shall wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try, and determine such suit.
(d) The civil remedies provided in this section shall be in addition to all other criminal penalties and civil remedies provided by law.
REPORTS TO CONGRESS
SEC. 111. The Administrator shall submit a report to the Congress, in January of each year, regarding the administration of his functions under this title, together with such recommendations for amendments to this title as he may deem appropriate.
TITLE II-FOREIGN EXCESS PROPERTY
DISPOSAL OF FOREIGN EXCESS PROPERTY
SEC. 201. Each executive agency having foreign excess property shall be responsible for the disposal thereof: Provided, That (a) the head of each such executive agency shall, with respect to the disposition of such property, conform to the foreign policy of the United States; (b) the Secretary of State shall, in order to effectuate the purposes of section 32 (b) (2) of the Surplus Property Act of 1944, as amended, and the Foreign Service Buildings Act of May 7, 1926, as amended (including Public Law 547, Seventy-ninth Congress (60 Stat. 663)), and for the purpose of paying any other governmental expenses payable in local currencies, have the authority to use foreign currencies and credits acquired by the United States under section 202 (b) of this Act for purposes of section 32 (b) (2) of the Surplus Property Act of 1944, as amended, and to amend, modify, and renew agreements in effect on the effective date of this Act; (c) any foreign currencies or credits acquired by the Department of State pursuant to such agreements shall be administered in accordance with procedures that many from time to time be established by the Secretary of the Treasury and, if and when reduced to United States currency, shall be covered into the Treasury as miscellaneous receipts; and (d) the Department of State shall, except to such extent as the President shall otherwise determine, continue to perform other functions with respect to agreements for the disposal of foreign excess property in effect on the effective date of this Act.
METHODS AND TERMS OF DISPOSAL
SEO. 202. Foreign excess property may be disposed of (a) by sale, exchange, lease, or transfer, for cash, credit, or other property, with or without warranty and upon such other terms and conditions as the head of the executive agency concerned deems proper; but in no event shall any agricultural commodity, food, or cotton or woolen goods be sold without a condition forbidding their impor
tation into the United States, unless the Secretary of Agriculture determines that such property is in short supply in this country, or (b) for foreign currencies or credits, or substantial benefits or the discharge of claims resulting from the compromise, or settlement of such claims by any executive agency in accordance with the law, whenever the head of the executive agency concerned determines that it is in the interest of the United States to do so. Such property may be disposed of without advertising when the head of the executive agency concerned finds so doing to be most practicable and to be advantageous to the Government. The head of each executive agency responsible for the disposal of foreign excess property may execute such documents for the transfer of title or other interest in property and take such other action as he deems necessary or proper to dispose of such property; and may authorize the abandonment, destruction, or donation of foreign excess property under his control which has no commercial value or the estimated cost of care and handling of which would exceed the estimated proceeds from its sale.
PROCEEDS, FOREIGN CURRENCIES
SEC. 203. Proceeds from the sale, lease, or other disposition of foreign excess property, (a) shall, if in the form of foreign currencies or credits, be administered in accordance with procedures that may from time to time be established by the Secretary of the Treasury, and (b) shall, if in United States currency, or when any proceeds in foreign currencies or credits shall be reduced to United States currency, be covered into the Treasury as miscellaneous receipts : Provided, That the provisions of section 105 (b) (which by their terms apply to surplus property disposed of under title I) shall be applicable to proceeds of foreign excess property disposed of for United States currency under this title II: And provided further, That any executive 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 n cessary to permit appropriate refunds to purchasers when any disposition is l'escinded 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.
SEC. 204. (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 provisions shall guide each executive agency in carry out its functions hereunder.
(b) Any authority conferred upon any executive agency or the head thereof by the provisions of this title may be delegated, and successive redelegation thereof may be authorized, by such head to any official in such agency or to the head of any other executive agency.
(c) The head of each executive agency responsible for the disposal of foreign excess property hereunder may, as may be necessary to carry out his functions under this title, (i) subject to the civil service and classification laws, appoint and fix the compensation of personnel, and (ii) without regard to the civil service and classification laws, appoint and fix the compensation of personnel outside the continental limits of the United States.
(d) Each executive agency responsible for the disposal of foreign excess property under this title shall submit a report to Congress in January of each year relative to its activities under this title, together with any appropriate l'ecommendations.
(e) There shall be transferred from the Department of State to each other executive agency affected by this title such records, property, personnel, obliga. tions, commitments, and unexpended balances of appropriations, allocations, and other funds, available or to be made available, as the Director of the Bureau of the Budget shall determine to relate to functions of such agency under this title which have heretofore been administered by the Department of State.
TITLE III-GENERAL PROVISIONS
APPLICABILITY OF EXISTING PROCEDURES
SEC. 301. All policies and procedures prescribed (a) by either the Director, Bureau of Federal Supply, or the Secretary of the Treasury and relating to
procureinent, warehousing, stocking, transportation, or distribution of personal property and of nonpersonal services and (b) by any officer of the Government under the authority of the Surplus Property Act of 1944, as amended, or under other authority with respect to surplus property or foreign excess property, in effect upon the effective date of this Act and not inconsistent herewith, shall remain in full force and effect unless and until superseded, or except as they may be amended, under the authority of this Act or under other appropriate authority.
REPEAL AND SAVING PROVISIONS
SEC. 302 (a) There are hereby repealed (i) the Surplus Property Act of 1944, as amended (except sections 13 (g), 28, and 32 (:b) (2)), and sections 501 and 502 of Reorganization Plan Numbered 1 of 1947: Provided, That, with respect to the disposal under this Act of any surplus real estate, all priorities and preferences provided for in said Act, as amended, shall continue in effect until 12 o'clock noon, eastern standard time, December 31, 1949; (ii) that portion of the Act entitled “An Act making supplemental appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1949, and for other purposes”, approved June 30, 1948 (Public Law 862, Eightieth Congress), appearing under the caption “Surplus Property Disposal”; (iii) the Act entitled "An Act to authorize the Secretary of War to dispose of material no longer needed by the Army", approved February 28, 1936 (49 Stat. 1147; U. S. C., title 10, sec. 1258); (iv) the Act entitled “An Act to authorize the Secretary of the Navy to dispose of material no longer needed by the Navy,” approved May 23, 1930, as amended (46 Stat. 378; U. S. C., title 34, sec. 546c); (v) section 5 of the Act of July 11, 1919, chapter 6, Forty-first Statutes, 67 (40 U. S. C. 311); and (vi) section 1 of the Act of December 20, 1928, chapter 39, Forty-fifth Statutes, 1030 (40 U. S. C. 311a).
(b) The provisions of the first, third, and fifth paragraphs of section 1 of Executive Order Numbered 6166 of June 10, 1933, are hereby superseded, insofar as they relate to any function now administered by the Bureau of Federal Supply except functions with respect to standard contract forms.
(c) The authority conferred by this Act is in addition to any authority conferred by any other law and shall not be subject to the provisions of any law inconsistent herewith. (d) Nothing in this Act shall impair or affect any authority of
(1) the President under the Philippine Property Act of 1946;
(2) any executive agency with respect to any program conducted for purposes of resale, price support, grants to farmers, stabilization, transfer to foreign governments, or foreign aid, relief, or rehabilitation;
(3) the National Military Establishment with respect to property required for or located in occupied territories;
(4) the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force to make donations for educational purposes as authorized by the Act entitled “An Act to authorize the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force to donate excess and surplus property for educational purposes," approved July 2, 1948 (Public Law 889, Eightieth Congress) ;
(5) the Munitions Board (in the National Military Establishment) with respect to stock piling of critical and strategic materials;
(6) the Secretary of State under the Foreign Service Buildings Act of May 7, 1926, as amended ;
(7) the Secretary of Agriculture or the Department of Agriculture under (a) the National School Lunch Act (60 Stat. 230); (b) the Farmers Home Administration Act of 1946 (60 Stat. 1062) ; (c) the Act of August 31, 1947, Public Law 298, Eightieth Congress, with respect to the disposal of labor supply centers, and labor homes, labor camps, or facilities; or (d) section 32 of the Act of August 24, 1935 (49 Stat. 774), as amended, with respect to the exportation and domestic consumption of agricultural products;
(8) the Secretary of Agricultural, Farm Credit Administration, or any farm credit board under section 6 (b) of the Farm Credit Act of 1937 (50 Stat. 706), with respect to the acquisition or disposal of property ;
(9) the Housing and Home Finance Agency, or any officer or constituent agency therein, with respect to the disposal of residential property, or of other property (real or personal) held as part of or acquired for or in connection with esidential property, or in connection with the insurance of mortgages, loans, or savings and loan accounts under the National Housing Act;
(10) the Tennessee Valley Authority with respect to nonpersonal services and with respect to any property acquired for or in connection with any program of processing, manufacture, production, or force account construction;
(11) the Atomic Energy Commission;
(12) except as provided in subsections (a) and (b) hereof, any other law relating to the procurement, utilization, or disposal of property: Provided, That, subject to, and within the scope of authority conferred on the Administrator by, other provisions of this Act, he is authorized to prescribe regulations to govern any procurement, utilization, or disposal of property under any such law, whenever but only to the extent he deems such action necessary to effectuate the provisions of title I; nor
(13) for such periods of time as the President may specify, any other authority of any executive agency which the President determines within one year after the effective date of this Act should, in the public interest,
stand unimpaired by this Act. (e) The Administrator shall report to the Congress, from time to time, the laws becoming obsolete by reason of the passage or operation of title I of this Act.
AUTHORIZATION FOR APPROPRIATIONS AND TRANSFER AUTHORITY SEC. 303. (a) There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.
(b) When authorized by the Director of the Bureau of the Budget, any Federal agency may use, for the disposition of property under this Act, and for its care and handling pending such disposition. any funds heretofore or hereafter appropriated, allocated, or available to it for purposes similar to those provided for in sections 102, 103, 104, and 106 of this Act.
SEC. 304. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.
SEC. 305. This Act shall become effective on February 28, 1949.
Mr. HOLIFIELD. This is for the purpose of giving the subcommittee an idea of the scope of the bill and also to help us get the background that we will need to lay out a program of consideration of the bill.
I want to thank each one of you for coming, and I hope we will be able to work this bill through as expeditiously as possible. I am sorry that the rest of the subcommittee is not here. Mr. Riehlman is a member of our whole committee but not a member of the subcommittee. He has shown a special interest in this subject, and I have asked him to sit in with the subcommittee on this bill, not as a member of the subcommittee but as a member of the whole committee, who is very much interested in this and give us the benefit of his knowledge on the subject.
As he has a bill in on the same subject, we will from time to time compare the bill which we have before us, H. R. 2781 with his bill and discuss the differences that are involved and see whether it is wise to change the present bill according to his bill or not.
I see we have General Fleming here with us of the Federal Works Agency, and I am going to introduce General Fleming at this time to the subcommittee, and ask him if he would care to make a preliminary statement on H. R. 2781.