Volume 69 · 84
Public Law 84–61
To amend the Federal Property and Administrative Servites Act of 1949 so as to Improve the administration of the program for the utilization of surplus property for educational and public health purposes.
Approved June 3, 1955
Statutory text
AN ACT
To amend the Federal Property and Administrative Servites Act of 1949 so as to Improve the administration of the program for the utilization of surplus property for educational and public health purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That
paragraph
Federal Property and Administrative Services Act of 1949, amendment.
(1) of subsection (j) of section 203 of the Federal Property and Administrative Services Act of 1949 is amended (1) by inserting after “other supplies” the following: “(whether or not capitalized in a working-capital or similar fund)”, and (2) by adding at the end thereof the following: “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.”
Paragraph (2) of section 20.3 (j) of the Federal Property and
Restriction on property transferal.
Administrative Services Act of 1949 is amended by inserting at the end thereof the following new sentence: “No property shall be transferred (except surplus property donated in conformity with paragraph (3) of this subsection), until the Secretary of Health, Education, and Welfare has received from an appropriate State agency or official a certification that such property is usable and needed for educational or public health purposes in the State, and no property shall be transferred pursuant to this paragraph until the Secretary of Health, Education, and Welfare has determined that such agency or official has conformed to minimum standards of operation prescribed by the Secretary for the disposal of surplus property.”
Sec. 2.
Subsection (j) of section 203 of the Federal Property
Restrictions, etc., on use of property.
and Administrative Services Act of 1949 is amended by adding at the end thereof the following new paragraph:
“(4) The Secretary of Health, Education, and Welfare may impose reasonable terms, conditions, reservations, and restrictions upon the use of any single item of property donated under paragraph (2) of this subsection which has an acquisition cost of $2,500 or more.”
The amendment made by subsection (a) shall apply only with respect to property donated after the date of enactment of this Act.
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:
“(m) The Secretary of Health, Education, and Welfare, or the head of any Federal agency designated by the Secretary, is authorized to enter into cooperative agreements with State departments of education or health, and with other State agencies, which are responsible for carrying out in the States the program for the utilization of surplus property for educational purposes and health purposes provided for in subsections (j) or (k) of this section. 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 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.
In the case of personal property donated or sold at a discount for educational, public health or memorial purposes, inchid ing research, under any provision of law enacted prior to the enactment of
the Federal Property and Administrative Services Act of 1949, no term, condilion, 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.
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 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.”
Sec. 6.
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.
Section 203 of such Act, as amended by this Act, is further amended (1) bystrikingout 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
“State.”
the District of (Columbia, the Commonwealth of Puerto Rico, and the Territories and possessions of the United States.”
Clause (D) of paragraph (1) of subsection (k) of section 203
of the Federal Property and Administrative Services Act of 1949 is amended by inserting after “District of Columbia” a comma and the words “the Commonwealth of Puerto Rico,”.
Approved June 3, 1955.