is so instituted by a creditor or by creditors, only one action shall be brought, and any creditor may file his claim in such action and be made party thereto within one year from the completion of the work under said contract, and not later. If the recovery on the bond should be inadequate to pay the amounts found due to all of said creditors, judgment shall be given to each creditor pro rata of the amount of the recovery. The surety on said bond may pay into court, for distribution among said claimants and creditors, the full amount of the sureties' liability, to wit, the penalty named in the bond, less any amount which said surety may have had to pay to the United States by reason of the execution of said bond, and upon so doing the surety will be relieved from further liability: Provided further, That in all suits instituted under the provisions of this Act such personal notice of the pendency of such suits, informing them of their right to intervene as the court may order, shall be given to all known creditors, and in addition thereto notice of publication in some newspaper of general circulation, published in the State or town where the contract is being performed, for at least three successive weeks, the last publication to be at least three months before the time limited therefor." The act of Aug. 13, 1894, supra, was construed by the Supreme Court before and after the amendment thereof. The list of decisions includes the following; Guaranty Co. v. Pressed Brick Co., 191 U.S. 416, Dec. 7, 1903; United States for the use of Hill v. American Surety Company of New York, 200 U.S. 197, Jan. 2, 1906; Title Guaranty & Trust Company of Scranton, Pennsylvania, v. Crane Company, 219 U.S. 24, Dec. 19, 1910; United States for the use of Alexander Bryant Company v. New York Steam Fitting Company, 235 U.S. 327, Dec. 7, 1914; Illinois Surety Co. v. United States to use of Peeler, 240 U.S. 214, Feb. 21, 1916; Illinois Surety Co. v. John Davis Co., 244 U. S. 376, June 4, 1917; Brogan v. National Surety Company, 246 U.S. 257, Mar. 4, 1918; Fleischman Construction Co. v. United States to the use of Forsberg, 270 U.S. 349, Mar. 1, 1926; Globe Indemnity Co. v. United States to the use of Steacy-Schmidt Manufacturing Co., Inc., 291 U.S. 476, Mar. 5, 1934; American Surety Co. v. Westinghouse Electric Manufacturing Co., 296 U.S. 133, Nov. 11, 1935; and Standard Accident Ins. Co. v. United States for use of Powell, 302 U.S. 442, Jan. 3, 1938. An act of Apr. 25, 1939, ch. 87, 53 Stat. 590592, authorized the Secretary of the Navy, with the approval of the President, to proceed with the construction of certain public works projects. Sec. 4 of this act authorized him to enter into negotiated contracts for such construction and provided that performance and payment bonds might be waived in connection with such contracts. The bond-waiver provision reads as follows: "In any project the contract for which is negotiated under authority of this section, the Secretary of the Navy may waive the requirement of a performance and a payment bond and may accept materials required for any such project at such place or places as he may deem necessary to minimize insurance costs." Sec. 4 of the act of Apr. 25, 1939, supra, was incorporated by reference in the following acts relating to public-works projects: June 11, 1940, ch. 313, 54 Stat. 265, 280; June 14, 1940, ch. 364, 54 Stat. 394, 395; June 15, 1940, ch. 375, sec. 4, 54 Stat. 401; June 25, 1940, ch. 430, 54 Stat. 599, 608; Sept. 9, 1940, ch. 717, 54 Stat. 872, 881; Oct. 8, 1940, ch. 756, 54 Stat. 965, 973; Mar. 17, 1941, ch. 16, 55 Stat. 34, 40; Mar. 23, 1941, ch. 26, 55 1 Stat. 49, 53;/ Apr. 5, 1941, ch. 41, 55 Stat. 123, 129; May 6, 1941, ch. 86, 55 Stat. 151, 163; June 24, 1941, ch. 234, sec. 3, 55 Stat. 262; July 3, 1941, ch. 273, 55 Stat. 541, 557; July 14, 1941, ch. 298, 55 Stat. 592, 593; Aug. 21, 1941, ch. 395, 55 Stat. 658, 664; Aug. 25, 1941, ch. 409, 55 Stat. 669, 679; Oct. 28, 1941, ch. 460, 55 Stat. 745, 753; Dec. 17, 1941, ch. 591, 55 Stat. 810, 815; and Dec. 26, 1941, ch. 630, sec. 2, 55 Stat. 862. Standard Government forms of performance and payment bonds are contained in the Code of Federal Regulations. CROSS REFERENCES Acceptance of bonds of surety companies: see act of Aug. 13, 1894, ch. 282, 28 Stat. 279-280, as amended. Contracts relating to public works and public utilities projects in the Fourteenth Naval District: see act of June 14, 1940, ch. 364, sec. 10, 54 Stat. 395. Deposit of United States bonds or notes in lieu of surety: see act of Feb. 26, 1926, ch. 27, sec. 1126, 44 Stat. 122-123, as amended. Waiver of statutory requirements as to performance and payment bonds: see act of Apr. 29, 1941, ch. 81, 55 Stat. 147. War contracts exempt from certain restrictions upon authorization of the President: see the First War Powers Act, 1941, approved Dec. 18, 1941, ch. 593, title II, sec. 201, 55 Stat. 839. CASE NOTES Bond requirements of statute.- Contracts exceeding $2,000 in amount, for alteration or repair of United States Coast Guard vessels, boats and aircraft, fall within the category "any public work of the United States" as those words are used in this act and are subject to the provisions thereof. Likewise, such contracts for construction of those craft as provide for passage of title to the United States during the progress of the work as partial payments are made, are subject to the provisions of this act, where the contract exceeds $2,000 in amount. (38 Op. Atty. Gen. 418, Mar. 6, 1936.) Contracts for the remaking of cotton mattresses owned by the Government, and the manufacture of uniforms from cloth owned by the Government, where the amount involved is in excess of $2,000, are within the terms of this act. (38 Op. Atty. Gen. 424, Mar. 6, 1936.) "Contracts for the repair of shoes and for laundry service are not contracts for the construction, alteration, or repair of any public building or public work of the United States' within the terms of the act of August 24, 1935, 49 Stat. 793. " (17 Comp. Gen. 545-546, Jan. 6, 1938.) A contract to raise a sunken towboat in a canal is a contract for a "public work" within the meaning of this act. (United States, for Use and Benefit of Shlager v. MacNeil Bros. Co.. 27 F. Supp. 180, Apr. 4, 1939.) Contracts for rental of equipment with operating personnel are not contracts "for the construction, alteration, or repair of any public building or public work of the United States" within the meaning of this act. (19 Comp. Gen. 467, Nov. 1, 1939.) This act and the act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, "relate to contracts for construction of public buildings and public works and not to contracts in connection with or incidential to the construction of public buildings and works." (19 Comp. Gen., supra, at 470.) "No aid in ascertaining the meaning of 'public works' is to be found in the Miller Act itself. But in the National Industrial Recovery Act, passed two years before the Miller Act, Congress defined it as including 'any projects of the character heretofore constructed or carried on either directly by public authority or with public aid to serve the interests of the general public.' The library at Howard University was not only a project of the character heretofore constructed or carried on . . . with public aid'; it had been directly and specifically authorized by Congress in 1931 and money had actually been appropriated for it. And it requires no discussion that Howard University, established by the authority of Congress for the education of youth in the liberal arts and sciences, serves 'the interests of the general public.' "In Maiatico Construction Co. v. United States, supra, upon which the Court of Appeals principally relied in reaching an opposite conclusion, the same court had construed a different statute, the Heard Act of August 13, 1894. That Act required that 'any person or persons entering into a formal contract with the United States for the construction of any public building, or the prosecution and completion of any public work, or for repairs upon any public building or public work, shall be required' to post a bond for the security of both the United States and the suppliers of labor and materials. It permitted the laborers and materialmen to enforce their claims by intervening in any suit by the United States on the bond. The plaintiffs in the Maiatico case supplied labor and materials in the construction of three dormitory buildings at Howard University, the contract for which had been let to the defendant construction company by the United States in November, 1930. The Court of Appeals decided that the Plaintiffs could not recover on the defendant's bond because the dormitories were not 'public Buildings' and their construction was not a 'public work.' It based this conclusion on the theory that 'public buildings' or 'public works,' within the meaning of the Heard Act, included only buildings which belonged to the United States. Since Howard University is a private institution and since it held title to the dormitories, recovery on the bond was denied to the suppliers of materials and labor. "Whatever may have been the validity of this narrow formula when applied to the Heard Act, we cannot approve its application to this suit under the Miller Act. In the first place, the whole concept of 'public works' has been considerably altered since the enactment of the Heard Act in 1894, and particularly within the last dozen years, and the question of title to the buildings or improvements or to the land on which they are situated is no longer of primary significance. Put we are not left to such vague guidance. Two and a half years after the execution of the contract involved in the Maiatico case, Congress, in the National Industrial Recovery Act, specifically defined 'public works' as including any projects of the character heretofore constructed or carried on either directly by public authority or with public aid to serve the interests of the general public. The Miller Act was passed two years later for the purpose of enlarging the protection which the Heard Act had afforded to laborers and materialmen by facilitating the procedure for enforcing their claims against the contractor. During the hearings on the several bills from which the Miller Act evolved, Congressman, Duffy, of Ohio, the author of one of the bills and a member of the sub-committee that drafted the Act, declared without dissent by any Representative: 'If this bill were passed by this Congress it would certainly be applicable to the public works program and that is the reason for its importance.' "We have no doubt that the Miller Act was intended to apply to the 'public works' authorized by the Administrator under the National Industrial Recovery Act. The National Industrial Recovery Act did not leave to speculation the nature of the 'public works' that Congress envisaged. Its language was not technical, but plain and specific. Expressiy included were 'projects of the character heretofore constructed or carried on with public aid to serve the interests of the general public. Beyond question the library at Howard University was such a project.". (United States to use of Noland Company, Ing. v. Irwin, 316 U.S. 23, 28-30, Apr. 6, 1942. also Peterson v. United States for use of Marsh Lumber Co., 119 F.2d 145, 147-148, Apr. 14, 1941.) ... See Rights of persons furnishing labor or material."In giving the statute a reasonable construction in order to effect its remedial purpose, we think that a distinction should be drawn between the provision explicitly stating the condition precedent to the right to sue and the provision as to the manner of serving notice. The structure of the statute indicates the distinction. The proviso, which defines the condition precedent to suit, states that the material-man or laborer 'shall have a right of action upon the said payment bond upon giving written notice to said contractor' within ninety days from the date of final performance. The condition as thus expressed was fully met. Then the statute goes on to provide for the mode of service of the notice. 'Such notice shall be served by mailing the same by registered mail, postage prepaid,' or in any manner' in which the United States marshal 'is authorized by law to serve summons. ་ We think that the purpose of this provision as to manner of service was to assure receipt of the notice, not to make the described method mandatory so as, to deny right of suit when the required written notice within the specified time had actually been given and received. In the face of such receipt, the reason for a particular mode of service fails. It is not reasonable to suppose that Congress intended to insist upon an idle form. Rather, we think that Congress intended to provide a method which would afford sufficient proof of service when receipt of the required, written notice was not shown." (Fleisher Engineering & C. Co. v. United States, 311 U.S. 15, 18-19, Nov. 12, 1940. See also: United States for use of Birmingham Slag Co. v. Perry, 115 F.2d 724, 726, Nov. 29, 1940; United States for Use and Benefit of American Radiator & Standard Sanitary Corporation v. Northwestern Engineering Co., 122 F.2d 600, 601-603, Sept. 9, 1941.) "The proviso of § 2(a), which had no counterpart in the Heard Act, makes clear that the right to bring suit on a payment bond is limited to (1) those materialmen, laborers and subcontractors who deal directly with the prime contractor and (2) those materialmen, laborers and sub-subcontractors who, lacking express or implied contractual relationship with the prime contractor, have direct contractual relationship with a subcontractor and who give the statutory notice of their claims to the prime contractor. To allow those in more remote relationships to recover on the bond would be contrary to the clear language of the proviso and to the expressed will of the framers of the Act. Moreover, it would lead to the absurd result of requiring notice from persons in direct contractual relationship with a subcontractor but not from more remote claimants." (MacEvoy Co. v. United States, 322 U.S. 102, 107-108, Apr. 24, 1944.) "Congress cannot be presumed, in the absence of express statutory language, to have intended to impose liability on the payment bond in situations where it is difficult or impossible for the prime contractor to protect himself. The relatively few subcontractors who perform part of the original contract represent in a sense the prime contractor and are well known to him. It is easy for the prime contractor to secure himself against loss by requiring the subcontractors to give security by bond, or otherwise, for the payment of those who contract directly with the subcontractors. *** But this method of protection is generally inadequate to cope with remote and undeterminable liabilities incurred by an ordinery materialman, who may be a manufacturer, A lessor of equipment used in prosecuting the work under a contract for the construction of a public building has a cause of action under this act. (United States for Use and Benefit of P.A. Bourguin & Co. v. Chester Const. Co.. 104 F.2d 648, June 12, 1939.) /1935, Aug. 26. Forging or counterfeiting postmarking stamp./ That whoever shall forge or counterfeit any postmarking stamp, or impression thereof with intent to make it appear that such impression is a genuine postmark, or shall make or knowingly use or sell, or have in possession with intent to use or sell, any forged or counterfeited postmarking stamp, die, plate, or engraving, or such impression thereof, shall be fined not more than $1,000 or imprisoned not more than five years, or both.--(49 Stat. 866, ch. 692.) EDITORIAL NOTE This act is embodied in the U.S. Code as sec. 349a of title 18. 1935, Aug. 27. Unlawful searches by officer, agent or employee of the United States. Section 201. Any officer, agent, or employee of the United States engaged in the enforcement of any law of the United States who shall search any private dwelling used and occupied as such dwelling without a warrant directing such search, or who, while engaged in such enforcement, shall without a search warrant maliciously and without reasonable cause search any other building or property, shall be guilty of a misdemeanor and upon conviction thereof shall be fined for a first offense not more than $1,000, and for a subsequent offense not more than $1,000, or imprisoned not more than one year, or both such fine and imprisonment: Provided, That nothing herein contained shall apply to any officer, agent, or employee of the United States serving a warrant of arrest, or arresting or attempting to arrest any person committing or attempting to commit an offense in the presence of such officer, agent, or employee, or who has committed, or who is suspected on reasonable grounds of having committed, a felony. Whoever not being an officer, agent, or employee of the United States shall falsely represent himself to be such officer, agent, or employee, and in such assumed character shall arrest or detain any person or shall in any manner search the person, buildings, or other property of any person, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or imprisoned for not more than one year, or by both such fine and imprisonment.--(49 Stat. 877, ch. 740, title II.) EDITORIAL NOTES This section is embodied in the U.S. Code as sec. 53a of title 18. This section was derived from an act of Nov. 23, 1921, ch. 134, sec. 6, 42 Stat. 223-224, which was expressly repealed by act of Aug. 27, 1935, ch. 740, title I, sec. 1, 49 Stat. 972. CROSS REFERENCE Security from unreasonable searches and seizures: see the Constitution, Fourth Amendment. 1935, Aug. 27. Disposal of property abandoned or forfeited to the United States.7 Section 301. Meaning of terms. As used in this title- (1) "Property means all personal property, including but not limited to vessels, vehicles, and aircraft; (2) "Agency" includes any executive department, independent establishment, board, commission, bureau, service, or division of the United States, and any corporation in which the United States owns all or a majority of the stock. (3) "Director" means the Director of the Procurement Division of the Treasury Department of the United States.--(49 Stat. 879, ch. 740, title III.) Sec. 302. Disposal of property voluntarily abandoned to the United States. In the event that any property is or has been voluntarily abandoned to any agency in such manner as to vest title thereto in the United States, it may be retained by such agency and devoted to official use only. If such agency shall not desire so to retain such property, the head thereof shall forthwith notify the Director to that effect, and the Director shall, within a reasonable time- (a) order such agency to deliver the property to any other agency which requests and in his judgment should be given the property, or (b) order disposal of the property as otherwise provided by law.--(49 Stat. 879, ch. 740, title III.) Sec. 303. Disposal of property forfeited to the United States. In the event that any property seized by any agency is or has been forfeited to the United States otherwise than by court decree, it may, in the event that the property is not ordered by competent authority to be returned to any claimant, and in lieu of being disposed of as otherwise provided by law (including advertisement for sale, and sale), be retained by such agency and devoted to official use only. If such agency shall not desire so to retain such property, the head thereof shall forthwith notify the Director to that effect, and such property shall- (a) in the event that it is not ordered by competent authority to be returned to any claimant, and in lieu of being disposed of as otherwise provided by law (including advertisement for sale, and sale), be delivered by such agency, upon order of the Director given within a reasonable time, to any other agency which requests and in the judgment of the Director should be given the property, or (b) upon order of the Director given within a reasonable time, be disposed of as otherwise provided by law.--(49 Stat. 879, ch. 740, title III.) Sec. 304. Procedure if court proceedings for forfeiture are pending. In the event that proceedings are or have been commenced for the forfeiture of any property by court decree, the agency which seized such property shall forthwith notify the Director and may at the same time file with him a request for such property for its official use. The Director shall, before entry of a decree, apply to the court to order delivery of such property- (a) to the agency filing such request; or (b) if no such request has been filed, to any other agency which requests and in the judgment of the Director should be given such property; or (c) if the agency which seized such property has not requested it, and no other agency has requested and in the judgment of the Director should be given such property, and if in the judgment of the Director the property may later become necessary to any agency for official use, to the seizing agency to be retained in its custody. Thereafter, the Director shall, within a reasonable time, order such agency to deliver the property to any other agency which requests and in his judgment should be given such property, or to dispose of it as otherwise provided by law, and if forfeiture thereof is decreed, the court shall, in the event that the property is not ordered by competent authority to be returned to any claimant, order delivery accordingly. All the property for which no such application is made shall be disposed of by the court in accordance with law.--(49 Stat. 880, ch. 740, title II.) Sec. 305. /Appropriations available for maintenance of seized property. The appropriation available to any agency for the purchase, hire, operation, maintenance, and repair of property of any kind shall be available for the payment of expenses of operation, maintenance, and repair of property of the same kind received by it under any provision of this title for official use; for the payment of any lien recognized and allowed pursuant to law, and for the payment of all moneys found to be due any person upon the duly authorized remission or mitigation of any forfeiture; and for reimbursement of other agencies as hereafter provided. The costs of hauling, transporting, towing, and storage of such property shall be paid by the agency which has seized such property or to which it has been abandoned; and, if such property is later delivered to another agency for official use under sections 302, 303, or 304 of this title, the latter shall make reimbursement for all such costs incurred prior to the date of delivery to it of such property.--(49 Stat. 880, ch. 740, title III.) Sec. 306. Informer's fees. Retention or delivery of forfeited or abandoned property under this title shall be regarded as the sale thereof for the purpose of laws providing for informer's fees or remission or mitigation of any forfeiture. Any property so acquired when no longer needed for official use shall be disposed of in the same manner as other surplus property.--(49 Stat. 880, ch. 740, title III.) Sec. 307. Reports; rules and regulations. The Director is authorized, with the approval of the Secretary of the Treasury, (1) to require any agency, from time to time, to make a report of all property abandoned to it or seized and the disposal thereof, and (2) to make such rules and regulations as may be necessary to carry out the provisions of this title.--(49 Stat. 880, ch. 740, title III.) Sec. 308. Effect on other laws; classes of property exempt from allocation. (b) Nothing contained in this title shall be construed as repealing any other laws relating to the disposition of forfeited or abandoned property, except such provisions of such laws as are directly in conflict with any provisions of this title. (c) The following classes of property shall not be subject to allocation under sections 302, 303, or 304 of this title, but shall be disposed of in the manner otherwise provided by law: (1) arms or munitions of war included in section 4 of title VI of the Act entitled "An Act to punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes" (40 Stat. 223), approved June 15, 1917, as amended; (2) narcotic drugs, as defined in the Narcotic Drug Import and Export Act; (3) firearms, as defined in the National Firearms Act; and (4) such other classes or kinds of property as the Director, with the approval of the Secretary of the Treasury, may deem in the public interest, and may by rules and regulations provide.--(49 Stat. 880-881, ch. 740, title III.) EDITORIAL NOTES The sections of this act which are set out above are embodied in the U.S. Code as secs. 304f304m, inclusive, of title 40. Subsec. (a) of sec. 308 repealed an act of Mar. 3, 1925, ch. 438, 43 Stat. 1116, as amended. 1935, Aug. 27. Disposition, control, and use of surplus real property acquired by Federal agencies. Disposition of surplus real property located without District of Columbia. That notwithstanding any other provisions of law, whenever any real property located outside of the District of Columbia, exclusive of military or naval reservations, heretofore or hereafter acquired by any Federal agency, by judicial process or otherwise in the collection of debts, purchase, donation, condemnation, devise, forfeiture, lease, or in any other manner, is, in whole or in part, declared to be in excess of its needs by the Federal agency having control thereof, or by the President on recommendation of the Federal Works Administrator, the Commissioner of Public Buildings, with the approval of the Federal Works Administrator, is authorized (a) to assign or reassign to any Federal agency or agencies space therein: Provided, That if the Federal agency to which space is assigned does not desire to occupy the space so assigned to it, the decision of the Commissioner of Public Buildings shall be subject to review by the President; or (b) pending a sale, to lease such real property on such terms and for such period not in excess of five years as he may deem in the public interest; or (c) to sell the same at public sale to the highest responsible bidder upon such terms and after such public advertisement as he may deem in the public interest: Provided, That if no bids which are satisfactory as to price and responsibility of bidder are received as a result of such public advertisement, the Commissioner of Public Buildings, with the approval of the Federal Works Administrator, is authorized to sell such property by negotiation, upon such terms as may be deemed to be to the best interest of the Government, but at a price not less than that bid by the highest responsible bidder.--(49 Stat. 885886, ch. 744; 54 Stat. 764, 765, ch. 635.) Sec. 2. Alteration and repair of property assigned; payment therefor. Whenever after investigation it is determined by the Commissioner of Public Buildings that any such real property should be used for the accommodation of any Federal agency or agencies, the Commissioner of Public Buildings is authorized to make any repairs thereto or alterations thereof which he deems necessary or advisable and to maintain and operate the same. To the extent that the appropriations of the Public Buildings Administration not otherwise allocated are inadequate for such repairs, alterations, maintenance, or operation, the Commissioner of Public Buildings may require each Federal agency to which space has been assigned therein pursuant to the provisions of section 1 of this Act to pay promptly by check to the Public Buildings Administration out of its appropriation for rent, either in advance of or upon or during occupancy of such space, all or part of the estimated or actual cost of such repairs, alterations, maintenance, and operation: Provided, That the total amount so to be paid shall be determined and equitably apportioned by the Commissioner of Public Buildings among the Federal agencies to whom space has been so assigned: Provided further, That the amount so charged against any Federal agency shall be computed at a rate not in excess of that paid as rent by such agency immediately preceding such assignment for space in lieu of which space is so assigned to it, and if it is less the difference shall be deposited in the Treasury as miscellaneous receipts: And provided further, That in the event such space is not assigned in lieu of existing space, the amount so charged shall be computed at a rate not in excess of that which the Commissioner of Public Buildings determines, with the approval of the Federal Works Administrator, would have been paid as rent for corresponding space during the current fiscal year, and if it is less the difference shall be deposited in the Treasury as miscellaneous receipts. If a Federal agency subject to this proviso disagrees with the amount the Commissioner of Public Buildings so determines would have been paid as rent, the determination of the Commissioner of Public Buildings shall be subject to review by the President.--(49 Stat. 886, ch. 744; 54 Stat. 765, ch. 635.) Sec. 3. Leasing of space, etc. The Commissioner of Public Buildings, with the approval of the Federal Works Administrator, is further authorized to procure space by lease, on such terms and for such period not in excess of five years as he may deem in the public interest, for the housing of any Federal agency or agencies outside of the District of Columbia, except the Post Office Department, and to assign and reassign space therein in the same manner as is authorized with respect to surplus real property by section 1 of this Act, and to require the Federal agencies to whom space is assigned therein to pay the total expenditures required under such lease during its entire term in the manner specified in section 2 of this Act.--(49 Stat. 886, ch. 744; 54 Stat. 765, ch. 635.) Sec. 4. Administrative regulations. The Commissioner of Public Buildings, with the approval of the Federal Works Administrator, is authorized to make such regulations as may be necessary to carry out the provisions of this Act.--(49 Stat. 886, ch. 744; 54 Stat. 765, ch. 635.) Sec. 5. Federal agency" defined. The term "Federal agency", as used in this Act, means any executive department, independent establishment, commission, board, bureau, division, or office in the executive branch, or other agency of the United States, including corporations wholly owned by the United States. -- (49 Stat. 886, ch. 744.) Sec. 6. Expenses of sale, maintenance, etc. There are hereby authorized to be appropriated such amounts as may be necessary to cover the costs incident to the sale or lease of real property, or demolition of buildings thereon as hereinafter authorized, which have been or may hereafter be declared surplus to the needs of any Federal agency in accordance with the provisions of this Act, and the care, maintenance, and protection thereof, including, but not limited to pay of employees, travel of Government employees, brokers' fees not in excess of rates paid for similar services in the community where the property is situated, appraisals, photographs, surveys, evidence of title and perfecting of defective titles, advertising, and telephone and telegraph charges: Provided, however, That a Federal agency shall remain responsible for the proper care, maintenance, and protection of the aforesaid property, notwithstanding any declaration that the same is in excess of its needs until such time as custody is assumed by the Federal Works Agency or other disposition is made thereof.-- (54 Stat. 764-765, ch. 635.) Sec. 7. Demolition of surplus buildings; historic buildings. The Commissioner of Public Buildings, with the approval of the Federal Works Administrator, is authorized, upon their determination that such action will be to the best interest of the Government, to demolish any building declared surplus to the needs of the Government in accordance with the provisions of this Act: Provided, That before proceeding with the demolition of any building, the Commissioner of Public Buildings shall inform the Secretary of the Interior in writing of his intention to demolish it, and shall not proceed with the demolition until he shall have received written notice from the Secretary of the Interior that said building is not an historic building of national significance within the meaning of the Act entitled "An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes", approved August 21, 1935 (Public, Numbered 292, Seventy-fourth Congress; 49 Stat. 666): Provided, however, |