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Statements, letters, etc.—Continued

Malon', Hon. George W., a United States Senator from the State of

Nevada:

Am’ndment to H. R. 7227..

Letters from:

Duck Valley Soil Conservation District, Owyhee, Nev.--

Jiggs Soil Conservation District, Lee, Nev..

Nevada Association of Soil Conservation Districts (news-

letter).

Maryland Civil Defense Agency, Pikesville, Md.: Letter, April 25,

1956, to Senator John F. Kennedy, from Sherley Ewing, director,
relative to S. 3693.

Attachments:

Stat:mont A-National Association of State and Territorial

Civil Defense Directors, relative to H. R. 7227---

Statement B-National Association of State and Territorial

Civil Defense Dir-ctors, relative to S. 3693_-

McClellan, Hon. John F., a United States Senator from the State of

Arkansas (chairman, Senate Committee on Government Opera-

tions): Letters relative to committee print, H. R. 7227, from:

Bureau of the Budget, Hon. Rowland Hughes, Director---

Department of Defense, Richard A. Buddeke, Director, Legis-

lative Programs. -

Federal Civil Defense Administration, Hon. Val Peterson, Ad-

ministrator..

General Services Administration, Hon. Edmund F. Mansure,

Administrator.--

Department of Health, Education and Welfare, Hon. Roswell B.

Perkins, Acting Director..

National Association of State Agoncies for Surplus Property: Letter

from E. A. Rulland, national chairman, April 30, 1956, to Senator

John F. Kenndy relative to S. 369 :-

Neuberger, Hon. Richard L., a United States Senator from the State

of Oregon: Statement, relative to H. R. 7855.--

Nevada Association of Soil Conservation Districts Newsletter...

SURPLUS PROPERTY DONATIONS

WEDNESDAY, APRIL 25, 1956

UNITED STATES SENATE,
SUBCOMMITTEE ON REORGANIZATION OF THE
COMMITTEE ON GOVERNMENT OPERATIONS,

Washington, D. C. The subcommittee met, pursuant to call, at 10:10 a. m., in room 457, Senate Office Building, Washington, D. C., Senator John F. Kennedy (chairman of the subcommittee) presiding.

Present: Senator John F. Kennedy, Democrat, Massachusetts; Senator Norris Cotton, Republican, New Hampshire; Senator Thomas E. Martin, Republican, Iowa.

Also present: Walter L. Reynolds, chief clerk; Miles Scull, Jr., professional staff member; Glenn K. Shriver, professional staff member; Mrs. Kathryn M. Keeney, clerical assistant.

Senator KENNEDY. The subcommittee will come to order.

This morning the subcommittee will consider S. 3693, a bill to amend the Federal Property and Administrative Services Act of 1949 to authorize the donation of Government-owned surplus property to civil-defense organizations of the States and local governmental units. Included within our consideration are S. 1527 and H. R. 7227, earlier versions of S. 3693 which were objected to by the various agencies.

S. 3693 was drafted by the staff of the subcommittee and the legislative counsel of the Senate, in cooperation with representatives of the Federal Civil Defense Administration, General Services Administration, Department of Health, Education, and Welfare, the Bureau of the Budget, and the General Accounting Office.

Copies of a committee print of H. R. 7227, which is virtually identical to S. 3693, were forwarded to these agencies for comment and review. All of the agencies are in general agreement with the provisions of the bill, which authorizes the donation of surplus property to civil-defense activities without impairing or interfering with the well-established donable property program for health and education.

The committee bill provides that the Secretary of Health, Education, and Welfare will maintain supervisory jurisdiction over the allocation of surplus property usable and needed for health, education, and civil-defense purposes. The determination of whether the property is needed and usable for these purposes will continue to be made by the Secretary of Health, Education, and Welfare, for health and education, whereas the Federal Civil Defense Administrator will determine which property is usable and needed for civil-defense use.

S. 3693 contemplates that a single State agency will be used for screening surplus property prior to its allocation and distribution to the using activities within the State. This is intended to centralize

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the operating procedure in each State, reduce the number of inspectors or screeners needed, and cut down the time involved in moving surplus property from the disposal agencies.

This bill will make possible the orderly disposal of surplus property to civil-defense organizations without affecting the quality or quantity available for transfer to other donees.

At this point, I would like to insert a copy of the bills S. 1527, H. R. 7227, committee print of H. R. 7227 as amendments in the nature of a substitute, and S. 3693 in the record, together with a copy of staff

a memorandum No. 84–1–38 and copies of letters received from the Department of Health, Education, and Welfare, and the Federal Civil Defense Administration, Bureau of the Budget, General Services Administration, and Department of Defense. The subcommittee bill, S. 3693, is identical to the committee print on H. R. 7227 on which the agencies submitted comments and recommendations. These documents contain some timely information which will clarify the legislative record and intent of the proposed legislation.

(The bills referred to and staff memorandum No. 84–1–38 are as follows:)

[S. 1527, 84th Cong., 1st sess.) A BILL To amend further the Federal Property and Administrative Services Act of 1949,

as amended, to authorize the disposal of surplus property for civil defense purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (1) of section 203 (j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U. S. C. 484 (j)), is further amended to read as follows:

(1) Under such regulations as he may prescribe, the Administrator is authorized in his discretion to donate for educational purposes, public health purposes, including research, or for civil defense purposes in the States, the District of Columbia, and the Territories and possessions of the United States without cost (except for costs of care and handling) such equipment, materials, books, or other supplies under the control of any executive agency as shall have been deter. mined to be surplus property and which shall have been determined under paragraph (2), (3), or (4) of this subsection to be usable and necessary for educational purposes, public health purposes, including research, or for civil defense purposes."

SEC. 2. The parenthetical expression appearing in paragraph (2) of section 203 (j) of such Act, is amended to read as follows: “(except surplus property donated in conformity with paragraph (3) or (4) of this subsection)."

SEC. 3. The final sentence of paragraph (3) of section 203 (j) of such Act is amended to read as follows: “If he shall determine that such property is not usable and necessary for such purposes, it may be disposed of in accordance with paragraph (2) or (4) of this subsection.”

SEC. 4. Section 203 (j) of such Act is amended by inserting at the end thereof the following new paragraph:

“(4) Determination whether such surplus property (except surplus property donated in conformity with paragraph (2) or (3) of this subsection) is usable and necessary for civil defense purposes shall be made by the Federal Civil Defense Administrator, who shall allocate such property on the basis of needs and utilization for transfer by the Administrator of General Services to civil defense organizations of the States, District of Columbia, Territories or possessions, political subdivisions and instrumentalities thereof, which are established by or pursuant to State law, except that in any State where another agency is designated by State law for such purpose such transfer shall be made to such other agency for such distribution within the State.” SEC. 5. Paragraph (2) of section 203 (k) of such Act is amended by

(a) deleting the comma following the words “arined forces" in subparagraph (D) thereof and inserting in lieu thereof a semicolon and the word or”; and

(b) inserting, immediately after subparagraph (D) thereof, the following new subparagraph :

“(E) the Federal Civil Defense Administrator, in the case of property transferred pursuant to this Act to civil defense organizations of the States,

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political subdivisions and instrumentalities thereof which are established

by or pursuant to State law.” SEC. 6. In carrying out the responsibilities of the Federal Civil Defense Administrator under amendments made by this Act, the provisions of sections 201 (b), 401 (c), 401 (e), and 405 of the Federal Civil Defense Act of 1950, as amended, shall apply.

[H. R. 7227, 84th Cong., 1st sess.]

AN ACT To amend further the Federal Property and Administrative Services Act of 1949,

as amended, to authorize the disposal of surplus property for civil defense purposes, to provide that certain Federal surplus property be disposed of to State and local civil defense organizations which are established by or pursuant to State law, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (1) of section 203 (j) of the Federal property and Administrative Services Act of 1949, as amended, is further amended to read as follows: "Under such regulations as he may prescribe, the Administrator is authorized in his discretion to donate for educational purposes, for civil defense purposes or public-health purposes, including research, in any State without cost (except for costs of care and handling) such equipment, materials, books, or other supplies whether or not capitalized in a workingcapital or similar fund under the control of any executive agency as shall have been determined to be surplus property and which shall have been determined under paragraphs (2), (3), or the new paragraph (6) added by section 4 of this Act to this subsection to be usable and necessary for educational purposes, for civil defense purposes or public health purposes, including research. In determining whether or not property is to be donated under this subsection, no distinction shall be made between property capitalized in a working-capital fund established pursuant to section 405 of the National Security Act of 1947, as amended, or any similar fund, and any other property."

SEC. 2. The parenthetical expression appearing in paragraph (2) of section 203 (j) of said Act is amended to read as follows: “(except surplus property donated in conformity with paragraph (3) or the new paragraph (6) added by section 4 of this Act to this subsection.)”

SEC. 3. That paragraph (3) of section 203 (j) of said Act is amended to read as follows:

“(3) In the case of surplus property under the control of the Department of Defense, the Secretary of Defense may determine whether such property is lisable and necessary for educational activities that are of special interest to the armed services, such as maritime academies or military, naval, Air Force, ci Coast Guard preparatory schools; or the Secretary of Defense may determine whether only such property as is peculiarly adaptable for civil defense (not to include common-use items) is usable and necessary for State and local civildefense activities, established by or pursuant to State law, that are of special interest to the armed services. If such Secretary shall determine that such property is usable and necessary for such purposes, he shall allocate it for transfer by the Administrator to such educational or civil-defense activities. If he shall determine that such property is not usable and necessary for such purposes, it may be disposed of in accordance with paragraph (2) or the new paragraph (6) added by section 4 of this Act to this subsection.”

SEC. 4. After the last paragraph of section 203 (j) of said Act, insert the fol lowing new paragraph :

(6) Determination whether such surplus property (except surplus property donated in conformity with paragraph (2) or (3) of this subsection) is usable and necessary for civil-defense purposes shall be made by the Federal Civil Defense Administrator, who shall allocate such property on the basis of needs and utilization for transfer by the Administrator of General Services to civil-defense organizations of the States, political subdivisions and instrumentalities thereof which are established by or pursuant to State law, except that in any State where another agency is designated by State law for such purpose such transfer shall be made to said agency for such distribution within the State."

SEC. 5. Section 203 (k) of said Act is amended as follows:

(a) By deleting the comma and the words “is authorized and directed” in the last line of subparagraph (2) (D) and by inserting in lieu thereof a semicolon and the word “or”.

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