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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)

TUESDAY, JULY 19, 1955

HOUSE OF REPRESENTATIVES,

SPECIAL GOVERNMENT ACTIVITIES SUBCOMMITTEE
OF THE COMMITTEE ON GOVERNMENT OPERATIONS,

Washington, D. C.

The Special Government Activities Subcommittee of the Committee on Government Operations met at 10 a. m., pursuant to call, in room 1501, New House Office Building, Hon. Jack B. Brooks (chairman of the subcommittee) presiding.

Subcommittee members present: Representatives Jack Brooks, John E. Moss, Henry S. Reuss, R. Walter Riehlman, J. Arthur Younger, and Otto Krueger.

Also present: Vernon McDaniel, staff director, Special Government Activities Subcommittee.

Mr. BROOKS. Gentlemen, the subcommittee will please come to order. We have a quorum present, and it is about 3 minutes after 10. We want to proceed as expeditiously as possible. We have a good many out-of-town witnesses, and we would like to hear them all this morning, if possible, and if not, we will continue over until tomorrow morning.

This afternoon, as you know, we have some very controversial and interesting legislation scheduled for floor action, and the members of the subcommittee will, of course, be on the House floor, rather than here in subcommittee.

The purpose of this meeting is to consider H. R. 4660 which was introduced by Mr. Dawson of Illinois, and H. R. 7227, which was introduced by me, and at this point in the record we shall insert a copy of each bill.

(A copy of the bills referred to follow :)

[H. R. 4660, 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: "Under such regulations as he may prescribe, the Administrator is authorized in his discretion to donate for educational purposes, public health purposes, including research, 1

or for civil defense purposes in the States, District of Columbia, Territories, and possessions 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 determined to be surplus property and which shall have been determined under paragraphs (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 said Act, is amended to read as follows: "(except surplus property donated in conformity with paragraphs (3) or (4) of this subsection)".

SEC. 3. The final sentence of paragraph (3) of section 203 (j) of said 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 paragraphs (2) or (4) of this subsection."

SEC. 4. After paragraph (3) of section 203 (j) of said Act, insert the following new paragraph:

"(4) Determination whether such surplus property (except surplus property donated in conformity with paragraphs (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 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 "as authorized and directed" in the last line of subparagraph (2) (D) and by inserting in lieu thereof a semicolon and the word "or".

(b) By inserting the following new subparagraph after subparagraph (2) (D):

"(E) the Federal Civil Defense Administrator, in the case of property transferred pursuant to this Act to civil defense organizations of the States, political subdivisions, and instrumentalities thereof which are established by or pursuant to State law, is authorized and directed—”.

SEC. 6. In carrying out the responsibilities of the Federal Civil Defense Administrator under 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.]

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, 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 working-capital 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 usable and necessary for educational activities that are of special interest to the armed services, such as maritime academies or military, naval, Air Force, or Coast Guard preparatory schools; or the Secretary of Defense may determine whether such property is usable and necessary for civil defense activities that are of special interest to the armed services such as State and local civil defense organizations which are established by or pursuant to State law. 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 following new paragraph:

"(6) Determination whether such surplus property (except surplus property donated in conformity with paragraphs (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".

(b) By inserting the following new subparagraph after subparagraph (2) (D): "(E) the Federal Civil Defense Administrator, in the case of property transferred pursuant to this Act to civil defense organizations of the States, political subdivisions and instrumentalities thereof which are established by or pursuant to State law,

is authorized and directed—”.

SEC. 6. In carrying out the responsibilities of the Federal Civil Defense Administrator under 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.

Mr. BROOKS. These bills are essentially designed to allow the civil defense agencies of the country to participate in the use of property declared surplus by the Federal Government, and paid for by the Government.

First, I would like to allow one of our colleagues, the distinguished Member from California, Mr. Glenard P. Lipscomb to introduce a couple of letters, and to make a short statement prior to his going to his committee meeting.

We shall be glad to hear from Mr. Glenard Lipscomb from California at this time.

STATEMENT OF HON. GLENARD P. LIPSCOMB, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA

Mr. LIPSCOMB. Thank you, Mr. Chairman and members of the committee.

I appreciate this opportunity to appear right at the first here, but I would like to encourage the committee to act favorably on this legislation. I feel that it would be a great service to the civil defense local authorities by encouraging them to take a more active interest in civilian defense.

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