Financing all buildings management operations from one fund will simplify the administrative processes of estimating and justifying future fund requirements for such purposes and will present financial requirements for these operations in one place in the budget document. This, of course, will make less burdensome the review of estimates for these purposes by the Congress. The accounting and reporting processes will be simplified and conducted more economically since the number of accounts can be reduced with buildings management operations being initially financed from one fund. Reduction in the number of accounts produces the byproduct of more economical and effective reporting. Billing other agencies for service rendered will also be simplified inasmuch as service rates can be established on the basis, in part, of historical costs accumulated in one set of buildings management cost accounts. Prior to enactment of this subsection, reimbursable buildings management services were financed from the annual operating appropriation to the General Services Administration. This method of financing caused difficulties near the end of each fiscal year due to the fact that there was an unavoidable time lag between the date a service was rendered and paid for by the General Services Administration and the date on which the agency served reimbursed the Administration. This situation operated against prompt payments to lessors, vendors, and contractors near the end of each year. Accounting for the Fund shall be maintained on the accrual method, and financial reports reflecting the status and condition of the Fund shall be prepared on the basis of such accounting. A ceiling of $10,000,000 is placed on amounts authorized to be appropriated to the Fund, and, in accordance with the standard accounting practices of private industry, supplies and equipment available for the operation, maintenance, and repair of buildings by the General Services Administration on hand, or on order on the date of establishment of the Fund, are also to be used to capitalize the Fund. Any appropriation of funds must be justified by submission of estimates to the Bureau of the Budget and the Appropriations Committees as provided by existing general law. Under the subsection, however, the Fund can be established and put in operation, on a modest basis, by capitalizing supplies and equipment and by transfers by way of advances from existing appropriations. The principal purpose served by the first proviso in this subsection is to permit the crediting of advances to the working-capital fund. Such permission will reduce the amount of appropriated capital which will be required to operate such fund. In other words, day-to-day working capital requirements can be partially met by obtaining cash-from at least the larger service-using agencies— prior to rendering and paying for such services by the General Services Administration. The second proviso requires the transfer of net income of each year, if any, to the general fund of the Treasury. While the General Services Administration as a matter of policy would attempt to charge service-using agencies in amounts which would exactly cover the cost of services performed, the results of any miscalculations in this regard could never benefit the Administration. The third proviso (1) continues the use of a special fund created by the Congress (62 Stat. 644) for both collections and expenditures in connection with the lease of Government-owned space to commercial concerns in the Lafayette Building in the District of Columbia, (2) continues the use of a special fund created by the Congress (40 U. S. C. 345) for both collections and expenditures in connection with buildings sites acquired by the Administration for construction purposes where construction is not immediately started after acquisition of the site and the site is leased by the Administration to others for income-producing purposes, and (3) continues the requirement of depositing in the general fund of the Treasury any receipts from activities which by operation of other law must be so deposited (for example, proceeds from pay telephone stations in Government buildings). MOTOR VEHICLE IDENTIFICATION SEC. 211. Under regulations prescribed by the Administrator, every motor vehicle acquired and used for official purposes within the United States, its Territories, or possessions, by any Federal agency or the District of Columbia shall be conspicuously identified by showing thereon either (a) the full name of the department, establishment, corporation, or agency by which it is used and the service in which it is used, or (b) a title descriptive of the service in which it is used if such title readily identifies the department, establishment, corporation, or agency concerned, and the legend "For official use only": Provided, That the regulations issued pursuant to this section may provide for exemptions from the requirement of this section when conspicuous identification would interfere with the purpose for which a vehicle is acquired and used. ANALYSIS Section 211. Identification of Government motor vehicles (as added by sec. 5 (c), 64 Stat. 580; 40 U. S. C. 491) This section was inserted in Public Law 152 by section 5 of Public Law 754. The purpose of the provision is to extend to the field service of Federal agencies the requirement for identification of motor vehicles acquired and used for official purposes, and to have the legend "For official use only" plainly inscribed on each such vehicle. Under previous law (sec. 4 of the act of February 3, 1905, 33 Stat. 687, as amended by the act of August 2, 1946, 60 Stat. 811, 5 U. S. C. 77, which was repealed by section 7 (d) of Public Law 754) identification was required only for those vehicles acquired and used for official purposes in the departmental service in the District of Columbia. Various agencies and departments have required identification by administrative regulations, but such regulations were neither uniform nor complete in application. This section authorizes the Administrator to issue regulations requiring identification of all motor vehicles acquired and used for official purposes within the United States and its Territories and possessions by any Federal agency. Exemption from the requirements of this section could be provided for in such regulations when conspicuous identification of a vehicle would interfere with the purposes for which it is used, such as in the case of the Central Intelligence Agency, the Federal Bureau of Investigation, Treasury enforcement officers, and immigration border control. 975344-52- -8 REPORTS TO CONGRESS SEC. 212. The Administrator shall submit a report to the Congress, in January of each year and at such other times as he may deem it desirable, regarding the administration of his functions under this Act, together with such recommendations for amendments to this Act as he may deem appropriate as the result of the administration of such functions, at which time he shall also cite the laws becoming obsolete by reason of passage or operation of the provisions of this Act. ANALYSIS Section 212. Reports to Congress (Sec. 210, 63 Stat. 393, renumbered sec. 212 by sec. 5 (a), 64 Stat. 580; 40 U. S. C. 492) This section requires the Administrator to submit to Congress in January of each year, and at such other times as he may deem it desirable, a report regarding the administration of his functions under the Act, together with any recommendations for amendments which he may deem appropriate and a citation of laws becoming obsolete by reason of the passage or operation of the Act. This section, which was numbered 210 in Public Law 152 as originally enacted, was renumbered 212 by section 5 of Public Law 754—a perfecting amendment necessary by reason of the insertion by Public Law 754 of the new sections 210 and 211. Following recommendations made to the Congress by the Administrator pursuant to this section, there were enacted Public Law 209, 82d Congress, approved October 25, 1951, 65 Stat. 638, “An Act To amend or repeal certain laws relating to Government records, and for other purposes", and Public Law 247, 82d Congress, approved October 31, 1951, 65 Stat. 701, “An Act To amend or repeal certain Government property laws, and for other purposes". The statutes affected by Public Law 209 contained limitations, restrictions, and other provisions which had become obsolete or which were inoperative because they had been superseded by recent legislation relating to Federal records management, records disposal, and the control and distribution of records maintained by the various departments and agencies of the Federal Government. The repealers and amendments contained in Public Law 209 thus brought certain previous statutory authority governing administration of Federal records into consonance with the provisions of the Federal Records Disposal Act of 1943, as amended (44 U. S. C. 366-376, 378-380), and the Federal Records Act of 1950 (title V of the Federal Property and Administrative Services Act of 1949, as amended). Public Law 247 amended or repealed, in whole or in part, a number of Government property laws which had become obsolete or inoperative or were in conflict with recent legislation. Public Law 247 thus removed conflicts, ambiguities, and unnecessary or lapsed authority occasioned particularly by the enactment of the Federal Property and Administrative Services Act of 1949. TITLE III-PROCUREMENT PROCEDURE DECLARATION OF PURPOSE SEC. 301. The purpose of this title is to facilitate the procurement of property and services. ANALYSIS TITLE III. PROCUREMENT PROCEDURE This title as enacted in Public Law 152 followed in structure, and was identical in language with the Armed Services Procurement Act of 1947 (62 Stat. 21; 41 U. S. C. 151, et seq.), with a few appropriate changes and omissions. Sub Throughout this title the word "supplies" was used in Public Law 152 as originally enacted in the places where the word "property" now appears. section (m) of Section 1 of Public Law 522, 82d Congress, approved July 12, 1952, amended title III by striking "supplies" wherever it appeared in the title and substituting therefor "property.' Subsection (h) of section 1 of Public Law 522 repealed section 309 (b) of Public Law 152, which contained a definition of the term "supplies", and the text of which is set forth in the analysis under section 309. The substitution of the term "property" for the term "supplies" was effected in order to make the terminology of title III consistent with the terminology employed elsewhere in the Act. The definition of "supplies" was not technically exact, and was originally inserted merely to prescribe the scope of the title. The substitution of the word "property" for "supplies" also made the procedures provided by the title applicable to the procurement of land by the General Services Administration and other agencies to which authority to use the procedures is delegated, but only to the extent that authority to acquire land is granted under other law. Section 301. Declaration of purpose (Sec. 301, 63 Stat. 393, as amended by sec. 1 (m), 66 Stat. 594; 41 U. S. C. 251) This section states that the purpose of title III is to facilitate the procurement of property and services. APPLICATION AND PROCUREMENT METHODS SEC. 302. (a) The provisions of this title shall be applicable to purchases and contracts for property or services made (1) by the General Services Administration for the use of such agency or otherwise; and (2) by any other executive agency (except any agency named in section 2 (a) of the Armed Services Procurement Act of 1947), to the extent of and in conformity with authority delegated by the Administrator pursuant to the provisions of this subsection. The Administrator may delegate to the head of any other such agency authority to make purchases and contracts for property or services pursuant to the provisions of this title (A) for the use of two or more executive agencies or (B) in other cases upon a determination by the Administrator that by reason of circumstances set forth in such determination such delegation is advantageous to the Government in terms of economy, efficiency, or national security. Notice of every such delegation of authority so made shall be furnished to the General Accounting Office. (b) It is the declared policy of the Congress that a fair proportion of the total purchases and contracts for property and services for the Government shall be placed with small-business concerns. Whenever it is proposed to make a contract or purchase in excess of $10,000 by negotiation and without advertising, pursuant to the authority of paragraph (7) or (8) of section 302 (c) of this title, suitable advance publicity, as determined by the agency head with due regard to the type of property involved and other relevant considerations, shall be given for a period of at least fifteen days, wherever practicable, as determined by the agency head. (c) All purchases and contracts for property and services shall be made by advertising, as provided in section 303, except that such purchases and contracts may be negotiated by the agency head without advertising if— (1) determined to be necessary in the public interest during the period of a national emergency declared by the President or by the Congress; (2) the public exigency will not admit of the delay incident to advertising; (3) the aggregate amount involved does not exceed $1,000: Provided, That no agency other than the General Services Administration shall make any purchase of, or contract for, property or services in excess of $500 under this paragraph except in the exercise of authority conferred by the Administrator to procure and furnish property and services for the use of two or more executive agencies; (4) for personal or professional services; |