S. 2725. To amend the Federal Property and Administrative Services Act of 1949 to permit the donation of foreign excess property for educational and health purposes in certain cases.. S. 2732. To amend the Federal Property and Administrative Services Act of 1949 to permit the donation of foreign excess property to medical institutions, hospitals, clinics, health centers, schools, Staff memo No. 86-2-22, dated May 27, 1960. S. 3154. To amend section 402 of the Federal Property and Adminis- trative Services Act of 1949, to prescribe procedures to insure that foreign exesss property which is disposed of overseas will not be imported into the United States to the injury of the economy of Staff memo No. 86-2-24, dated May 27, 1960. S. 3489. To amend section 203(j) of the Federal Property and Admin- istrative Services Act of 1949, as amended (40 U.S.C. 484(j)), to provide that the Department of Defense may allocate surplus property under its control for transfer under that act only to edu- cational institutions conducting approved military training pro- Staff memo No. 86-2-25, dated May 27, 1960. S. 3493. To amend the Federal Property and Administrative Services Act of 1949, as amended, so as to authorize the use of surplus per- sonal property by State distribution agencies, and for other pur- S. 2605. To amend section 203 (f) of the Federal Property and Adminis- trative Services Act of 1949, to permit the donation of surplus property to certain civilian youth organizations.. S. 3288. To amend the Federal Property and Administrative Services Act of 1949 to permit the disposal of certain surplus property to STATEMENTS Hart, Hon. Philip A., U.S. Senator from the State of Michigan.... Correspondence with Providence Hospital, Detroit, Mich, and Inter- national Cooperation Administration, re a hospital project in the Upper Volta region of French West Africa__ Byerlein, Helen Ann, registered nurse, Providence Hospital, Detroit, Blackford, Gilbert E., Church World Service, National Council of Churches, Lowell, C. Stanley, associate director, Protestants and Other Americans United for Separation of Church and State, Washington, D.C.. 1. Vinson, Randolph K., executive director, Machinery Dealers National Association, for Alex Zeeve, Jr., chairman, Government Affairs Com- mittee Mayer, H. J., executive vice president, Western Machinery Co., general manager of Edward R. Bacon Co., San Francisco, Calif., and president of Associated Equipment Distributors-- King, Joseph T., general counsel, Associated Equipment Distributors- Dix, Leslie V., Chief of Defense-State Relations, Office of Assistant Secre- tary of Defense (Manpower, Personnel, and Reserve).- Rey, Lt. Col. John F., Chief, Surplus Property Disposals Branch, Depart- Garvey, James A., Assistant Commissioner, Office of Utilization and Sales, General Services Administration, accompanied by C. D. Bean, Lund, Chester B., Director, Office of Field Administration, Department of Health, Education, and Welfare; accompanied by Wendell Gray, Chief, Surplus Property Utilization Division, HEW; and Manuel Rintels, Jonathan B., counsel for the foreign excess profit officer, Office of the General Counsel, Department of Commerce, accompanied by American ORT Federation: Letter to Senator McClellan on S. 2725 and Department of Health, Education, and Welfare: List of personal property received for distribution to public health, educational institutions, and civil defense organizations; and real property for distribution to public International Cooperation Administration: Letter to Senator McClellan Magnuson, Hon. Warren G., U.S. Senator from the State of Washington: Correspondence to Senator Gruening on S. 3288... National Catholic Welfare Conference: Statement on S. 2725 and S. 2732_. 155 National Council of the Churches of Christ: Letter to Senator Gruening 151, 152 DISPOSAL OF SURPLUS PROPERTY OVERSEAS; REIMPORTATION OF SURPLUS PROPERTY; AND EXPANDING THE DONABLE PROPERTY PROGRAM WEDNESDAY, JUNE 1, 1960 U.S. SENATE, SPECIAL SUBCOMMITTEE ON DONABLE PROPERTY, The subcommittee met, pursuant to call, at 10:05 a.m., in room 3302, New Senate Office Building, Senator Ernest Gruening (chairman of the subcommittee) presiding. Present: Senator Gruening. Also present: Glenn K. Shriver, professional staff member, and Ann M. Grickis, assistant chief clerk. Senator GRUENING. The meeting will please come to order. The hearing today will concern itself with all of the bills referred to the Special Subcommittee on Donable Property on which testimony has not been taken. A copy of each bill, together with a staff memorandum explaining the purpose, background, and agency comments, will be inserted at this point in the record. (The material referred to follows:) [S. 2725, 86th Cong., 1st sess.] A BILL To amend the Federal Property and Administrative Services Act of 1949 to permit the donation of foreign excess property for educational and health purposes in certain cases 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 401 of the Federal Property and Administrative Services Act of 1949 is amended by striking the word "Each" at the beginning thereof and inserting in lieu of said word the following: "Subject to the provisions of section 405, each". SEC. 2. The first sentence of section 402 of the Federal Property and Administrative Services Act of 1949 is amended by inserting immediately before the period at the end thereof the following: ", or (c) by donation under section 405". SEC. 3. Title IV of the Federal Property and Administrative Services Act of 1949 is amended by adding at the end thereof the following new section: "DONATION OF FOREIGN EXCESS PROPERTY "SEC. 405. Under such regulations, not inconsistent with policies prescribed by the President pursuant to section 404, as the head of such executive agency as may be designated by the President may prescribe, the head of such executive agency may donate without cost (except for costs of care and handling) for use in a foreign country for educational or health purposes any foreign excess property held by any executive agency, which the head of the agency designated by the President determines (1) is not required for the discharge of the responsibilities of any Federal agency in its operations or programs outside the United 1 States, Puerto Rico, and the Virgin Islands, and (2) is suitable for use for such educational or health purposes, to any nonprofit, charitable, or eleemosynary public or private organization which carries on health or educational activities in such foreign country and is in need of such property for carrying on such activities. The head of such agency designated by the President may impose, and make appropriate provision for the enforcement of terms, conditions, reservations, and restrictions on the use of property donated under this section. No such property shall be donated for use within any foreign country except to the agency designated by such foreign country for the purpose of equitable distribution, in conformity with the provisions of this section, of property donated under this section for use in such foreign country. No property shall be transferred to any such foreign agency until the head of the executive agency designated by the President has received from such foreign agency a certification that such property is usable and needed for educational or health purposes in the foreign country, and until the head of such executive agency designated by the President has determined that such foreign agency has conformed to minimum standards of operation prescribed by the head of the executive agency designated by the President for the disposal of property under this section." SEC. 4. The Federal Property and Administrative Services Act of 1949 is amended by inserting in the table of contents appearing in the first section of such Act, immediately after the line in which "Sec. 404." appears, the following: "Sec. 405. Donation of foreign excess property." [S. 2732, 86th Cong., 1st sess.] A BILL To amend the Federal Property and Administrative Services Act of 1949 to permit the donation of foreign excess property to medical institutions, hospitals, clinics, health centers, schools, colleges, and universities 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 402 of the Federal Property and Administrative Services Act of 1949 is amended by inserting immediately before the period at the end thereof the following: “, or (c) by donation under section 405". SEC. 2. Title IV of the Federal Property and Administrative Services Act of 1949 is amended by adding at the end thereof the following new section: "DONATION OF FOREIGN EXCESS PROPERTY "SEC. 405. (a) Subject to overall policy control by the Secretary of State, the head of each executive agency is authorized in his discretion to donate without cost (except for costs of care and handling) for use in any foreign country for purposes of education or public health, including research for either such purpose, any foreign excess property (including property capitalized in a working capital or similar fund) under the control of such executive agency which shall have been determined to be usable and necessary for any such purpose. In determining whether property is to be donated under this section, no distinction shall be made between property capitalized in a working capital fund established under section 405 of the National Security Act of 1947, as amended (5 U.S.C. 172d), or any similar fund, and any other property. "(b) Determination whether such foreign excess property is usable and necessary for purposes of education or public health, including research for either such purpose, shall be made in accordance with regulations prescribed by the President or his designee. Such property shall be allocated, in accordance with regulations prescribed by the President or his designee, on the basis of needs and utilization, for transfer to nonprofit or tax-supported medical institutions, hospitals, clinics, health centers, schools, colleges, and universities. "(c) The head of the executive agency concerned, in accordance with regulations prescribed by the President or his designee shall give preference to organizations directly or indirectly founded, sponsored, or supported by American citizens in making donations under this section in any foreign country. Except with respect to donations made to organizations referred to in the preceding sentence, no property may be transferred under this section for use in a foreign country except to an agency designated by such foreign country for the purpose of distributing, in conformity with the provisions of this section, all property allocated under this section for use within such foreign country. "(d) The President or his designee may provide for the imposition of reasonable terms, conditions, reservations, and retrictions upon the use of any property donated under this section." STAFF MEMORANDUM NO. 86-2-22, SENATE COMMITTEE ON GOVERNMENT Subject: S. 2725 (Humphrey); S. 2732 (Hart and Bartlett), bills to amend the Federal Property and Administrative Services Act of 1949 to permit the donation of foreign excess property for educational and health purposes. PURPOSE These bills provide for amending title 4 of the Federa. Property and Administrative Services Act of 1949 by inserting a new section 405 which would permit the head of an executive agency to donate foreign excess property to public health centers, clinics, hospitals and to schools and educational institutions. S. 2725 would authorize the President to designate a central executive agency to prescribe regulations for and to donate any foreign excess property held by any executive agency which the designated agency determines (1) is not required for the discharge of the responsibilities of any Federal agency in its operations or programs outside the United States, and (2) is suitable for use for educational or health purposes, to any nonprofit, charitable or eleemosynary public or private organization which carries on health or educational activities in such foreign country and is in need of such property for carrying on such activities. The head of the designated agency would be authorized to impose and make appropriate provision for the enforcement of terms, conditions, reservations and restrictions on the use of the property donated. No property would be donated for use in a foreign country except to an agency designated by such foreign country for the purpose of distribution. No property would be transferred to any such foreign agency until it certified that such property is usable and needed for educational or health purposes in the foreign country and until the head of the designated agency has determined that the foreign agency has conformed to minimum standards of operation prescribed by the head of the designated agency. S. 2732 provides, that subject to overall policy control by the Secretary of State, the head of each executive agency would be authorized, in his discretion, to donate for use in any foreign country, excess property under his control which has been determined is usable and necessary for such purpose. Determination whether such foreign excess property is usable and necessary for education and public health would be made in accordance with regulations prescribed by the President or his designee. Such property would be allocated in accordance with regulations prescribed by the President or his designee on the basis of needs and utilization, for transfer to nonprofit or tax-supported medical institutions, hospitals, clinics, health centers, schools, colleges and universities. Preference would be given to organizations founded, sponsored or supported by American citizens, and except for such organizations, distribution would be made by an agency designated by the foreign country concerned. The bill would also provide that the President or his designee may provide for the imposition of reasonable terms, conditions, reservations, and restrictions upon the use of any donated property. Under existing provisions of law, section 402 of the Federal Property and Administrative Services Act of 1949, foreign excess may be donated in those instances where the property has no commercial value, or the estimated cost of care and handling would exceed the estimated proceeds from its sale. Under the provisions of these bills the above criteria would not apply, and therefore the property could be donated under certain regulations to any educational institution, health department, clinic, hospital or school if there was a showing that a need exists, together with a certification that the property is usable and necessary for these uses. One of the marked differences between S. 2725 and 2732 is that under the latter bill the regulations prescribed by the President shall give preference to health and educational institutions which are organized directly, or are sponsored or supported by American citizens in such foreign countries. |