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Termination of prior restrictions, etc.

63 Stat. 377.

SEC. 4. (a) In the case of personal property donated or sold at a discount for educational, public health or memorial purposes, including research, under any provision of law enacted prior to the enactment of the Federal Property and Administrative Services Act of 1949, no 40 USC 471 note. term, condition, reservation, or restriction imposed on the use of such property shall remain in effect after the date of the enactment of this Act. This subsection shall not be deemed to terminate any civil or criminal liability arising out of a violation of such a term, condition, reservation, or restriction which occurred prior to the enactment of this Act, if a judicial proceeding to enforce such liability is pending at the time of, or commenced within one year after the enactment of this Act.

40 USC 484.

Reports to
Senate and
House of

(b) No term, condition, reservation, or restriction imposed upon the use of any single item of property donated under section 203 (j) of the Federal Property and Administrative Services Act of 1949 prior to the enactment of this Act which has an acquisition cost of less than $2,500 shall remain in effect after the expiration of the one-year period which begins on the date of the enactment of this Act. This subsection shall not be deemed to terminate any civil or criminal liability arising out of a violation of such a term, condition, reservation, or restriction if (1) such violation occurred prior to the expiration of such one-year period and (2) a judicial proceeding to enforce such liability is pending at the time of enactment of this Act or is commenced not later than one year after the expiration of such one-year period.

SEC. 5. Section 203 of the Federal Property and Administrative Services Act of 1949 is amended by adding at the end thereof the following new subsection:

"(n) The Secretary of Health, Education, and Welfare shall submit, during each calendar quarter, a report to the Senate (or to the Secretary of the Senate if the Senate is not in session) and to the House Representatives. of Representatives (or to the Clerk of such House if it is not in session) showing the acquisition cost of all personal property donated under subsection (j) and of all real property disposed of under subsection (k) during the preceding calendar quarter to, or for distribution to, educational or public health institutions in each State, Territory, and possession. The first report under this subsection shall be made with respect to property donated or disposed of during the first calendar quarter which begins after the enactment of this subsection."

69 Stat. 84.

69 Stat. 85.

"State."

SEC. 6. (a) Section 203 of the Federal Property and Administrative Services Act of 1949 is amended by striking out the words "Federal Security Administrator" and "Federal Security Agency" wherever they appear in subsection (j) or (k) of such section, and by inserting in lieu thereof the words "Secretary of Health, Education, and Welfare", and "Department of Health, Education, and Welfare", respectively.

(b) Section 203 of such Act, as amended by this Act, is further amended (1) by striking out in paragraph (1) of subsection (j) thereof the words "the States, Territories, and possessions” and inserting in lieu thereof the words "any State", and (2) by adding at the end of such subsection the following new paragraph:

"(5) The term 'State', as used in this subsection, includes the District of Columbia, the Commonwealth of Puerto Rico, and the Territories and possessions of the United States."

All 69 Stat. 85.

(c) Clause (D) of paragraph (1) of subsection (k) of section 203 63 Stat. 387. of the Federal Property and Administrative Services Act of 1949 is 40 USC 484. amended by inserting after "District of Columbia” a comma and the words "the Commonwealth of Puerto Rico,".

Approved June 3, 1955.

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To amend the Federal Property and Administrative Services Act of 1949, as amended, to authorize the Administrator of General Services to donate certain property to the American National Red Cross.

property.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Surplus Property and Administrative Services Act of 1949 (63 Stat. 377), 84. as amended, is amended by renumbering subsections (1), (m), and (n) 40 USC 484. of section 203 as subsections "(m)", "(n)", and "(o)", respectively,

and adding subsection (1) as follows:

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"(1) Under such regulations as he may prescribe, the Administrator Red Cross.

is authorized in his discretion to donate to the American National Red Cross, for charitable purposes, such property, which was processed, produced, or donated by the American National Red Cross, as shall have been determined to be surplus property."

Approved August 1, 1955.

(109)

Chapter 513- 2d Session

[blocks in formation]

To amend the Federal Property and Administrative Services Act of 1949, as amended, to authorize the disposal of surplus property for civil defense purposes, and for other purposes.

Disposal.

Be it enacted by the Senate and House of Representatives of the United States of America in C'ongress assembled, That subsection 203 Surplus prop(j) of the Federal Property and Administrative Services Act of 1949, erty. as amended (40 U. S. C. 484 (j)) is amended to read as follows: 63 Stat. 386. "(j) (1) Under such regulations as he may prescribe, the Admin- Donations to istrator is authorized in his discretion to donate without cost (except States. for costs of care and handling) for use in any State for purposes of education, public health, or civil defense, or for research for any such purpose, any equipment, materials, books, or other supplies (including those capitalized in a working capital or similar fund) under the control of any executive agency which shall have been determined 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 any such purpose. In determining whether property is to be donated under this subsection, no distinction shall be made between property capitalized in a working-capital fund established under sec

tion 405 of the National Security Act of 1947, as amended, or any 63 Stat. 587. similar fund, and any other property. No such property shall be 5 USC 172d. transferred for use within any State except to the State agency designated under State law for the purpose of distributing, in conformity with the provisions of this subsection, all property allocated under this subsection for use within such State.

"(2) In the case of surplus property under the control of the De- Armed services. partment of Defense, the Secretary of Defense shall determine whether Educational such property is usable and necessary for educational activities which activities. are of special interest to the armed services, such as maritime academies or military, naval, Air Force, or Coast Guard preparatory schools. 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 the appropriate State agency for distribution to such educational 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 (3) or paragraph (4) of this subsection.

"(3) Determination whether such surplus property (except sur- Education and plus property allocated in conformity with paragraph (2) of this public health. subsection) is usable and necessary for purposes of education or public health, or for research for any such purpose, in any State 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 to such State agency for distribution to (A) tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges, and universities, and (B) other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges, and universities which are exempt from taxation under section 501 (c) (3) of the Internal Revenue Code of 1954. No such 68A Stat. 163. 26 USC 501 (c) (3). property shall be transferred to any State agency until the Secretary of Health, Education, and Welfare has received, from such State agency, a certification that such property is usable and needed for educational or public health 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.

All 70 Stat. 494.

Civil defense.

64 Stat. 1248. 50 USC 2281, 2253, 2257.

Personal property.

"State".

40 USC 484.

"(4) Determination whether such surplus property (except surplus property allocated in conformity with paragraph (2) of this subsection) is usable and necessary for civil defense purposes, incinding research, in any State shall be made by the Federal Civil Defense Administrator, 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 civil defense organizations of such State, or political subdivisions and instrumentalities thereof, which are established pursuant to State law. No such property shall be transferred until the Federal Civil Defense Administrator has received from such State agency a certification that such property is usable and needed for civil defense purposes in the State, and until the Federal Civil Defense Administrator has determined that such State agency has conformed to minimum standards of operation prescribed by the Federal Civil Defense Administrator for the disposal of surplus property. The provisions of sections 201 (b), 401 (c), 401 (e), and 405 of the Federal Civil Defense Act of 1950, as amended, shall apply to the performance by the Federal Civil Defense Administrator of his responsibilities under this section.

"(5) The Secretary of Health, Education, and Welfare and the Federal Civil Defense Administrator may impose reasonable terms, conditions, reservations, and restrictions upon the use of any single item of personal property donated under paragraph (3) or paragraph (4), respectively, of this subsection which has an acquisition cost of $2,500 or more.

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'(6) The term 'State', as used in this subsection, includes the District of Columbia, the Commonwealth of Puerto Rico, and the Territories and possessions of the United States."

SEC. 2. (a) Clause (C) of paragraph (2) of subsection 203 (k) of such Act is amended by striking out the word "or" at the end thereof. (b) Clause (D) of paragraph (2) of such subsection is amended by striking out the comma at the end thereof and inserting in lieu thereof a semicolon and the word "or".

(c) Paragraph (2) of such subsection is amended by inserting, immediately after clause (D) thereof, as amended by this section, the following new clause:

"(E) the Federal Civil Defense Administrator, in the case of property.transferred pursuant to this Act to civil defense organizations of the States or political subdivisions or instrumentalities thereof which are established by or pursuant to State law,". 69 Stat. 83, 430. SEC. 3. Subsection 203 (n) of such Act is amended to read as follows:

40 USC 484.

Cooperative

agreements.

"(n) For the purpose of carrying into effect the provisions of subsections (j) and (k), the Secretary of Health, Education, and Welfare, the Federal Civil Defense Administrator, and the head of any Federal agency designated by either such officer, are authorized to enter into cooperative agreements with State surplus property distribution agencies designated in conformity with paragraph (1) of subsection (j). Such cooperative agreements may provide for utilization by such Federal agency, without payment or reimbursement, of the property, facilities, personnel, and services of the State agency in carrying out any such program, and for making available to such State agency, without payment or reimbursement, property, facilities, personnel, or services of such Federal agency in connection with such utilization."

SEC. 4. Subsection (h) of section 507 of the Federal Property and Administrative Services Act of 1949, as amended, as added by clause (3) of the joint resolution entitled "Joint resolution to provide for the acceptance and maintenance of Presidential libraries, and for other

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