The text of the bill below is as of Oct 30, 1965 (Passed Congress).
79 STAT. ] PUBLIC LAW 89-306-OCT. 30, 1965 1127 Public Law 89-306 AN A C T October 30, 19 65 To provide for the economic and efficient purchase, lease, maintenance, opera- [H. R. 4845] tion, and utilization of automatic data processing equipment by Federal departments and agencies. Be it enacted hy the Senate and House of RepreHentathes of the United States of America In Congress assembled. That title I of the Automatic data Federal Property and Administrative Services Act of 1949 (63 Stat. mTnt!^^'"^ ^'*"'^" o77), as amended, is hereby amended by adding a new section to read Purchase and ,„ / i i T J J te utilization. as follows: 5USC63CI-630g-l. ''AUTOMATIC DATA PROCESSING E Q U I P M E N T "SEC. 111. (a) The Administrator is authorized and directed to coordinate and provide for the economic and efficient purchase, lease, and maintenance of automatic data processing equipment by Federal agencies. " ( b ) (1) Automatic data processing equipment suitable for efficient and effective use by Federal agencies shall be provided by the Adminis- trator through purchase, lease, transfer of equipment from other Federal agencies, or otherwise, and the Administrator is authorized and directed to provide by contract or otherwise for the maintenance and repair of such equipment. I n carrying out his responsibilities under this section the Administrator is authorized to transfer auto- matic data processing equipment between Federal agencies, to provide for joint utilization of such equipment by two or more Federal agencies, and to establish and operate equipment pools and data processing centers for the use of two or more such agencies when necessary for its most efficient and effective utilization. "(2) The Administrator may delegate to one or more Federal agencies authority to operate automatic data processing equipment pools and automatic data processing centers, and to lease, purchase, or maintain individual automatic data processing systems or specific units of equipment, including such equipment used m automatic data processing pools and automatic data processing centers, when such action is determined by the Administrator to be necessary for the economy and efficiency of operations, or when such action is essential to national defense or national security. The Administrator may delegate to one or more Federal agencies authority to lease, purchase, or maintain automatic data processing equipment to the extent to which he determines such action to be necessary and desirable to allow for the orderly implementation of a program for the utilization of such equipment. "(c) There is hereby authorized to be established on the b<>oks ^^^^^.^J^J^*^'^^ of the Treasury an automatic data processing fund, which shall be available without fiscal year limitation for expenses, including per- sonal services, other costs, and the procurement by lease, purchase, transfer, or otherwise of equipment, maintenance, and repair of such equipment by contract or otherwise, necessary for the efficient coordi- nation, operation, utilization of such equipment by and for Federal agencies: Provided^ That a report of equipment inventory, utiliza- gifions^^nd utla^^ll tion, and acquisitions, together with an account of receipts, disburse- tion. ments, and transfers to miscellaneous receipts, under this authoriza-
1128 PUBLIC LAW 89-306-OCT. 30, 1965 [79 STAT. Report to Budget Bureau and Con- tion shall be made annually in connection with the budget estimates to gress. tlie Director of the Bureau of the Budget and to the Congress, and the inclusion in appropriation acts of provisions regulating the opera- tion of the automatic data processing fund, or limiting the expendi- tures therefrom, is hereby authorized. Appropri ation. " ( d ) There are authorized to be appropriated to said fund such sums as may be required which, together with the value, as determined by the Administrator, of supplies and equipment from time to time transferred to the Administrator, shall constitute the capital of the fund: Provided^ That said fund shall be credited with (1) advances and reimbursements from available appropriations and funds of any agency (including the General Services Administration), organiza- tion, or contractor utilizing such equipment and services rendered them, at rates determined by the Administrator to approximate the costs thereof met by the fund (including depreciation of equipment, provision for accrued leave, and for amortization of installation costs, but excluding, in the determination of rates prior to the fiscal year 1967, such direct operating expenses as may be directly appropriated for, which expenses may be charged to the fund and covered by advances or reimbursements from such direct appropriations) and (2) refunds or recoveries resulting from operations of the fund, including the net proceeds of disposal of excess or surplus personal property and receipts from carriers and others for loss of or damage to property: Provided further^ That following the close of each fiscal year any net income, after making provisions for prior year losses, if any, shall be transferred to the Treasury of the United States as miscellaneous receipts. "(e) The proviso following paragraph (4) in section 201(a) of this 63 Stat. 384. Act and the provisions of section 602(d) of this Act shall have no ap- 40 u s e 48 1, 474. plication in the administration of this section. No other provision of this Act or any other Act which is inconsistent with the provisions of this section shall be applicable in the administration of this section. Scientific and technological ad- " ( f ) The Secretary of Commerce is authorized (1) to provide visory s e r v i c e s by agencies, and the Administrator of General Services in the exercise Secretary of Com- of the authority delegated in this section, with scientific and techno- merce. logical advisory services relating to automatic data processing and related systems, and (2) to make appropriate recommendations to the President relating to the establishment of uniform Federal auto- matic data processing standards. The Secretary of Commerce is authorized to undertake the necessary research in the sciences and technologies of automatic data processing computer and related sys- tems, as may be required under provisions of this subsection. " ( g ) The authority conferred upon the Administrator and the Secretary of Commerce by this section shall be exercised subject to direction by the President and to fiscal and policy control exercised by the Bureau of the Budget. Authority so conferred upon the Administrator shall not be so construed as to impair or interfere with the determination by agencies of their individual automatic data proc- essing equipment requirements, including the development of specifi- cations for and the selection of the types and configurations of equip- ment needed. The Administrator shall not interfere with, or attempt to control in any way, the use made of automatic data processing equipment or components thereof by any agency. The Administra-
79 STAT. ] PUBLIC LAW 89-308-OCT. 31, 1965 1129 tor shall provide adequate notice to all affencies and other usei-s con- _'^°^'^'^^ ^° ^gen- • -k /-wi C1©S cerned with respect to eadi proposed determination specifically affect- ing them or the automatic data processing equipment or components used by them. I n the absence of mutual agreement between the Administrator and the agency or user concerned, such proposed deter- minations shall be subject to review and decision by the Bureau of the Budget unless the President otherwise directs.'' Approved October 30, 1965. Public Law 89-307 AN ACT October 30, 19 65 To amend the joint resolution entitled "Joint resolution to establish the Saint ^^- ''^^^ Augustine Quadricentennial Commission, and for other purposes", approved August 14, 1962 (76 Stat. 386), to provide that eight members of such Commis- sion shall be appointed by the President, and that such Commission may con- tinue in existence until December 31,1966. Be it enacted hy the Senate and House of Representatwes of the United States of America in Congress assemJbled^ That (a) subsec- Qua^^cente^iai tion (a) of the first section of the joint resolution entitled "Joint reso- commission. lution to establish the Saint Augustine Quadricentennial Commission, and for other purposes", approved August 14, 1962 (76 Stat. 386), IS amended by striking "eleven" and inserting in lieu thereof "thirteen". (b) Paragraph (4) of subsection (a) of such section is amended by striking "Six" and inserting in lieu thereof "Eight". SEO. 2. Section 4(b) of such joint resolution is amended by insert- ing, immediately after "Congress" in the last sentence thereof, the following: ", except that the Commission may continue in existence until December 31, 1966." Approved October 30, 1965. Public Law 89-308 AN ACT October 31, 1965 To provide for adjustments in annuities under the Foreign Service retirement [H. R. 417O] and disability system. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Foreign service be cited as the "Foreign Service Annuity Adjustment Act of 1965". menrAct of "ges. SEC. 2. (a) Annuitie-s paid from the Foreign Service retirement and disability fund on the date of enactment of this Act, based on service performed by annuitants which terminated prior to October 16, 1960, shall be adjusted under the provisions of section 821(b) of the Foreign Service Act of 1946, as in effect on October 16, 1960, relating 74 st^at^. 8^39. to the formula for reduction in annuity to provide for a surviving 22 use 1076. widow, as though such provisions had been in effect on the date of the annuitant's separation from the Service, or, in the case of any annui- tant w^ho makes an election under paragraph (1) or (2) of this sub- section, in a ccordance with the following: 49-850 0-66—74