§ 104. — Administration of chapter.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC104]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 2--TERMINATION OF WAR CONTRACTS
Sec. 104. Administration of chapter
(a) Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 652
(b) Rules and regulations
In order to insure uniform and efficient administration of the
provisions of this chapter, the Administrator of General Services,
subject to such provisions, by general orders or general regulations--
(1) shall prescribe policies, principles, methods, procedures,
and standards to govern the exercise of the authority and discretion
and the performance of the duties and functions of all Government
agencies under this chapter; and
(2) may require or restrict the exercise of any such authority
and discretion, or the performance of any such duty or function, to
such extent as he deems necessary to carry out the provisions of
this chapter.
(c) Compliance
The exercise of any authority or discretion and the performance of
any duty or function, conferred or imposed on any Government agency by
this chapter, shall be subject to such orders and regulations prescribed
by the Administrator of General Services pursuant to subsection (b) of
this section. Each Government agency shall carry out such orders and
regulations of the Administrator of General Services expeditiously, and
shall issue such regulations with respect to its operations and
procedures as may be necessary to carry out the policies, principles,
methods, procedures, and standards prescribed by the Administrator of
General Services. Any Government agency may issue such further
regulations not inconsistent with the general orders or regulations of
the Administrator of General Services as it deems necessary or desirable
to carry out the provisions of this chapter.
(d) Personnel; supplies, facilities, and services
The Administrator of General Services may, within the limits of
funds which may be made available, employ and fix the compensation of
necessary personnel in accordance with the provisions of the civil-
service laws and chapter 51 and subchapter III of chapter 53 of title 5,
and make expenditures for supplies, facilities, and services necessary
for the performance of his functions under this chapter. Without regard
to the provisions of the civil-service laws, he may employ certified
public accountants, qualified cost accountants, industrial engineers,
appraisers, and other experts, and contract with certified public
accounting firms and qualified firms of engineers in the discharge of
the duties imposed upon him and in furtherance of the objectives and
policies of this chapter. The Administrator of General Services shall
perform the duties imposed upon him through the personnel and facilities
of the contracting agencies and other established Government agencies,
to the extent that this does not interfere with the function of the
Administrator of General Services to insure uniform and efficient
administration of the provisions of this chapter.
(e) Publication in Federal Register
All orders and regulations prescribed by the Administrator of
General Services or any Government agency under this chapter shall be
published in the Federal Register.
(July 1, 1944, ch. 358, Sec. 4, 58 Stat. 651; Ex. Ord. No. 9809, Sec. 8,
eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1, Sec. 201,
eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288,
title I, Sec. 102(b), 63 Stat. 380; Oct. 28, 1949, ch. 782, title XI,
Sec. 1106(a), 63 Stat. 972; Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
Stat. 652.)
References in Text
The civil-service laws, referred to in subsec. (d), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
Codification
In subsec. (d) of this section, ``chapter 51 and subchapter III of
chapter 53'' substituted for ``the Classification Act of 1949'' on
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees.
In the second sentence of this section, provisions that authorized
the appointment of a Deputy Director and that authorized the employment
of certified public accountants, qualified cost accountants, industrial
engineers, appraisers, and other experts without regard to ``the
Classification Act of 1923'', were omitted as obsolete. Sections 1202
and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed
the 1923 Act and all laws or parts of laws inconsistent with the 1949
Act. While section 1106(a) of the 1949 Act provided that references in
other laws to the 1923 Act should be held and considered to mean the
1949 Act, it did not have the effect of continuing the exceptions
contained in this sentence because of section 1106(b) which provided
that the application of the 1949 Act to any position, officer, or
employee shall not be affected by section 1106(a). The Classification
Act of 1949 was repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80
Stat. 632 (of which section 1 revised and enacted Title 5 into law).
Section 5102 of Title 5 contains the applicability provisions of the
1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel
Management to determine the applicability to specific positions and
employees.
Amendments
1966--Subsec. (a). Pub. L. 89-554 repealed subsec. (a) which
provided for the appointment, pay, and term of the Director of Contract
Settlement. This office was abolished previously by Reorg. Plan No. 1 of
1947.
1949--Subsec. (d). Act Oct. 28, 1949, substituted ``Classification
Act of 1949'' for ``Classification Act of 1923''.
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966,
Sec. 8, 80 Stat. 632, 655.
Transfer of Functions
Functions of Secretary of the Treasury transferred to Administrator
of General Services by section 102(b) of act June 30, 1949, ch. 288, 63
Stat. 380, which was classified to section 752(b) of former Title 40,
Public Buildings, Property, and Works, and was repealed by Pub. L. 107-
217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304.
Subsec. (a), establishing the Office of Contract Settlement to be
headed by the Director of Contract Settlement and providing for the
appointment of the Director by the President with the advice and consent
of the Senate with compensation of $12,000 per year and a term of two
years, was repealed, and references in the remainder of this section to
``Director'' were changed to ``Secretary'' by section 8 of Ex. Ord. No.
9809 and section 201 of Reorg. Plan No. 1 of 1947. Reorg. Plan No. 1 of
1947 is set out in the Appendix to Title 5, Government Organization and
Employees.
Effective Date of Transfer of Functions
Transfer of functions by act June 30, 1949, effective July 1, 1949,
see section 605, formerly section 505, of act June 30, 1949, ch. 288, 63
Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64
Stat. 583.
