Donation of Surplus Government Property to Volunteer Fire-fighting Organizations, and for Other Purposes. 85-2, 1958

[H. R. 4007, 85th Cong., 1st sess.]

A BILL To amend section 203 of the Federal Property and Administrative Services Act of 1949 to permit the disposal of surplus property to publicly owned water districts and publicly owned sewer districts

Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, That paragraphs (1) and (3) of subsection (j) of section 203 of the Federal Property and Administrative Services Act of 1949 (40 U. S. C. 484) are each amended by inserting immediately after "for research for any such purpose," the following: "or for the needs of any publicly owned water district or publicly owned sewer district,”.

SEC. 2. Such paragraph (3) is further amended by inserting immediately after "clinics" the following: ", publicly owned water districts, publicly owned sewer districts".

[H. R. 5448, 85th Cong., 1st sess.]

A BILL To amend the Federal Property and Administrative Services Act of 1949 to make rehabilitation facilities and sheltered workshops eligible for donations of surplus real and personal property

Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, That (a) paragraph (1) of subsection (j) of section 203 of the Federal Property and Administrative Services Act of 1949 is amended by inserting after "public health," the following: "rehabilitation of physically or mentally handicapped persons", and by striking out "or (4)" and inserting in lieu thereof "(4), or (5)".

(b) Paragraph (2) of such subsection is amended by striking out "or paragraph (4)" and inserting in lieu thereof ", paragraph (4), or paragraph (5)". (c) Subsection (j) of such section is amended by renumbering paragraphs (5) and (6) of such subsection as paragraphs (6) and (7), respectively, and by inserting after paragraph (4) thereof the following new paragraph:

"(5) Determination whether such surplus property (except surplus property allocated in conformity with paragraph (2) of this subsection) is usable and necessary for the rehabilitation of physically or mentally handicapped persons, including research, in any State shall be made by the Secretary of Health, Education, and Welfare, who shall allocate such property on the basis of need and utilization for transfer by the Administrator of General Services to such State agency for distribution to public and other nonprofit rehabilitation facilities and public and other nonprofit workshops in such State. No such property shall be transferred until the Secretary of Health, Education, and Welfare has received from such State agency a certification that such property is usable and needed for the rehabilitation of physically or mentally handicapped persons in the State, and until the Secretary has determined that such State agency has conformed to minimum standards of operation prescribed by the Secretary for the disposal of surplus property."

(d) The paragraph of such subsection renumbered as paragraph (6) by subsection (c) is amended by striking out "or paragraph (4)" and inserting in lieu thereof ", paragraph (4), or paragraph (5)".

SEC. 2. (a) Paragraph (1) of subsection (k) of section 203 of the Federal Property and Administrative Services Act of 1949 is amended by striking out "for school, classroom, or other educational use, or for use in the protection of public health, including research" and inserting in lieu thereof "for (1) school, classroom, or other educational use, (2) use in the protection of public health, (3) use by a public or other nonprofit rehabilitation facility or a public or other nonprofit workshop, or (4) research for any of such uses".

(b) Paragraph (1) of such subsection is amended by relettering subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph:

"(C) Subject to the disapproval of the Administrator within thirty days after notice to him by the Secretary of Health, Education, and Welfare of a proposed transfer of property for use by a public or other nonprofit rehabilitation facility or by a public or other nonprofit workshop, the Secretary of Health, Education, and Welfare, through such officers or employees of the Department of Health, Education, and Welfare as he may designate, may sell or lease such real property for such use, including research, to municipalities in the State."

(c) The subparagraph of paragraph (1) of such subsection relettered subparagraph (D) is amended by striking out "and subparagraph (B)" and inserting in lieu thereof ", subparagraph (B), and subparagraph (C)”.

(d) Paragraph (2) of subsection (k) of such section is amended (1) by striking out "or" at the end of subparagraph (D), (2) by striking out the comma at the end of subparagraph (E) and inserting in lieu thereof "; or", and (3) by inserting immediately after subparagraph (E) the following new subparagraph: "(F) the Secretary of Health, Education, and Welfare, in the case of property transferred pursuant to this Act to public or other nonprofit rehabilitation facility or to a public or other nonprofit workshop,".

SEC. 3. Section 203 of the Federal Property and Administrative Services Act of 1949 is amended by adding at the end thereof the following new subsection: "(p) For the purposes of subsections (j) and (k) of this section, the term 'public or other nonprofit rehabilitation facility or public or other nonprofit workshop' shall have the same meaning such term has under the Vocational Rehabilitation Act and regulations issued pursuant thereto."

[H. R. 5451, 85th Cong., 1st sess.]

A BILL To amend section 203 of the Federal Property and Administrative Services Act of 1949 to permit the disposal of surplus property to municipalities

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraphs (1) and (3) of section 203 (j) of the Federal Property and Administrative Services Act of 1949 (40 U. S. C. 484 (j)) are each hereby amended by inserting "or for the needs of any municipality," immediately after "for research for any such purpose,”.

SEC. 2. Such paragraph (3) is further amended (1) by striking out "and (B)" and inserting in lieu thereof "(B)", and (2) by inserting "and (C) municipalities" immediately after "1954".

[H. R. 5460, 85th Cong., 1st sess.]

A BILL To amend section 203 (j) of the Federal Property and Administrative Services Act of 1949 to provide that surplus property which is not used in the donable property program shall be offered for sale to States and political subdivisions thereof

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (j) of section 203 of the Federal Property and Administrative Services Act of 1949 (40 U. S. C. 484) is amended (1) by redesignating paragraph (6) thereof as paragraph (7), and (2) by inserting immediately after paragraph (5) the following new paragraph: "(6) In the case of any surplus personal property which is not disposed of under the preceding provisions of this subsection, the Administrator, before offering such property for sale to the public, shall provide that States and political subdivisions thereof (including municipalities) shall be afforded an opportunity to purchase such property at a price not in excess of that at which such property was made available to Federal agencies before it was declared surplus. The Administrator may impose reasonable terms, conditions, reservations, and restrictions upon the use of any single item of personal property sold under this paragraph which has an acquisition cost of $2,500 or more."

[H. R. 5470, 85th Cong., 1st sess.]

A BILL To amend the Federal Property and Administrative Services Act of 1949 to make municipalities eligible for donations of surplus real and personal property

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) paragraph (1) of subsection (j) of section 203 of the Federal Property and Administrative Services Act of 1949 is amended by inserting after "public health", the following: "municipal government" and by striking out "or (4)" and inserting in lieu thereof "(4), or (5)”. (b) Paragraph (2) of such subsection is amended by striking out "or paragraph (4)" and inserting in lieu thereof ", paragraph (4), or paragraph (5)". (c) Such subsection is further amended by renumbering paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (4) the following new paragraph:

“(5) Determination whether such surplus property (except surplus property allocated in conformity with paragraph (2) of this subsection) is usable and necessary for municipal government purposes, including research, in any State shall be made by the Secretary of Health, Education, and Welfare, who shall allocate such property on the basis of need and utilization for transfer by the Administrator of General Services to such State agency for distribution to municipalities in such State. No such property shall be transferred until the Secretary of Health, Education, and Welfare has received from such State agency a certification that such property is usable and needed for municipal government purposes in the State, and until the Secretary has determined that such State agency has conformed to minimum standards of operation prescribed by the Secretary for the disposal of surplus property."

(d) The paragraph of such subsection renumbered as paragraph (6) is amended by striking out "or paragraph (4)" and inserting in lieu thereof paragraph (4), or paragraph (5)".

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SEC. 2. (a) Paragraph (1) of subsection (k) of section 203 of the Federal Property and Administrative Services Act of 1949 is amended by striking out "for school, classroom, or other educational use, or for use in the protection of public health, including research" and inserting in lieu thereof "for (1) school, classroom, or other educational use, (2) use in the protection of public health, (3) use by a municipal government, or (4) research for any of such uses".

"(C) Subject to the disapproval of the Administrator within thirty days after notice to him by the Secretary of Health, Education, and Welfare of a proposed transfer of property for use by a municipal government, the Secretary of Health, Education, and Welfare, through such officers or employees of the Department of Health, Education, and Welfare as he may designate, may sell or lease such real property for municipal government purposes, including research, to municipalities in the State."

"(F) the Secretary of Health, Education, and Welfare in the case of property transferred pursuant to this Act to municipalities for use for municipal government purposes,”.

[H. R. 6537, 85th Cong., 1st sess.]

A BILL To authorize the disposition of certain obsolete and excess property to the United States Volunteer Life Saving Corps

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subject to regulations under section 205 the Federal Property and Administrative Services Act of 1949 (40 U.S. C., sec. 486)—

(1) The Secretary of the Army, under such conditions as he may prescribe, may sell obsolete or excess material to the United States Volunteer Life Saving Corps. Sales under this paragraph shall be at fair value to the Department of the Army, including packing, handling, and transportation.

(2) The Secretary of the Navy may give obsolete material not needed for naval purposes, and sell other material that may be spared at its fair value, to the United States Volunteer Life Saving Corps. In each case the cost of transportation and delivery shall be charged to the United States Volunteer Life Saving Corps.

(3) The Secretary of the Air Force, under such conditions as he may prescribe, may sell obsolete or excess material to the United States Volun

teer Life Saving Corps. Sales under this paragraph shall be at fair value to the Department of the Air Force, including packing, handling, and transportation.

(4) The Commandant of the Coast Guard may dispose of, with or without charge, to the United States Volunteer Life Saving Corps all such obsolete or other material as may not be needed for the Coast Guard.

Mr. McCORMACK. Any other witnesses here?

If not, the hearings will be closed.

We thank each and every one of you.

(H. R. 4107, H. R. 6316, and H. R. 13085 follow :)

[H. R. 4107, 85th Cong., 1st sess.]

A BILL To amend the Federal Property and Administrative Services Act of 1949 to permit the donation of surplus property to volunteer fire-fighting organizations, volunteer reserve services, squads, and first-aid crews

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of section 203 (j) (1) of the Federal Property and Administrative Services Act of 1949 (40 U. S. C. 484 (j) (1)) is amended to read as follows: "Under such regulations as he may prescribe, the Administrator is authorized in his discretion to donate for educational purposes or public health purposes, including research, or for the purpose of aiding in the protection of life and property by volunteer fire-fighting organizations, volunteer reserve services, squads, and first-aid crews, 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 working-capital or similar fund) under the control of any executive agency as shall have been determined to be surplus property and as shall have been determined under paragraph (2) or (3) of this subsection to be usable and necessary for any of such purposes."

SEC. 2. (a) The first sentence of section 203 (j) (2) of such Act (40 U. S. C. 484 (j) (2)) is amended to read as follows: "Determination whether such surplus property (except surplus property donated in conformity with paragraph (3) of this subsection) is usable or necessary for educational purposes or public health purposes (including research), or for the purpose of aiding in the protection of life and property by volunteer fire-fighting organizations, volunteer reserve services, squads and first aid crews, shall be made by the Secretary of Health, Education, and Welfare, who shall locate such property on the basis of needs and utilization for transfer by the Administrator (1) to medical institutions, hospitals, clinics, health centers, school systems, schools, colleges, and universities which are tax supported or have been held exempt from taxation under section 501 (c) (3) of the Internal Revenue Code of 1954; (2) to State departments of education or health for distribution to the institutions and organizations described in clause (1), 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; or (3) to any incorporated or unincorporated volunteer fire department, fire company, or other similar fire-fighting organization, volunteer reserve service, squad, or first aid crew."

(b) The second sentence of such section 203 (j) (2) is amended by inserting "or for the purpose of aiding in the protection of life and property by volunteeer fire-fighting organizations, volunteer reserve services, squads and first aid crews in the State," after "in the State,".

SEC. 3. Section 203 (m) of such Act (40 U. S. C. 484 (m)) is amended by inserting after "educational purposes and health purposes" a comma and the following: "or for the purpose of aiding in the protection of life and property by volunteer fire-fighting organizations, volunteer reserve services, squads and first aid crews,".

SEC. 4. Section 203 (n) of such Act (40 U. S. C. 484 (n)) is amended by inserting "or volunteer fire-fighting organizations, volunteer reserve services, squads and first aid crews" after "educational or public health institutions".

[H. R. 6316, 85th Cong., 1st sess.]

SEC. 2. (a) The first sentence of section 203 (j) (2) of such Act (40 U. S. C. 484 (j) (2)) is amended to read as follows: "Determination whether such surplus property (except surplus property donated in conformity with paragraph (3) of this subsection) is usable or necessary for educational purposes or public health purposes (including research), or for the purpose of aiding in the protection of life and property by volunteer fire-fighting organizations, volunteer reserve services, squads and first-aid crews, shall be made by the Secretary of Health, Education, and Welfare, who shall allocate such property on the basis of needs and utilization for transfer by the Administrator (1) to medical institutions, hospitals, clinics, health centers, school systems, schools, colleges, and universities which are tax supported or have been held exempt from taxation under section 501 (c) (3) of the Internal Revenue Code of 1954; (2) to State departments of education or health for distribution to the institutions and organizations described in clause (1), except that in any State where another agency is designated by State laws for such purpose such transfer shall be made to such other agency for such distribution within the State; or (3) to any incorporated or unincorporated volunteer fire department, fire company, or other similar firefighting organization, volunteer reserve service, squad, or first aid crew."

(b) The second sentence of such section 203 (j) (2) is amended by inserting "or for the purpose of aiding in the protection of life and property by volunteer fire-fighting organizations, volunteer reserve services, squads and first aid crews in the State," after "in the State,".

[H. R. 13085, 85th Cong., 2d sess.]

A BILL To amend section 203 of the Federal Property and Administrative Services Act of 1949 to provide for the donation of surplus property to public libraries

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That clause (A) of paragraph (3) of subsection (j) of section 203 of the Federal Property and Administrative Services Act of 1949 (40 U. S. C. 484) is amended by inserting immediately after "health centers," the following: "public libraries,".

SEC. 2. Such subsection (j) is amended by inserting at the end thereof the following:

"(7) For the purposes of this subsection and subsection (k), a public library shall be considered to be an educational institution."

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