[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2193 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2193

 To establish a program for the disposition of donated private sector 
  and United States Government nonlethal personal property needed by 
                      eligible foreign countries.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 1996

   Mr. Lugar introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To establish a program for the disposition of donated private sector 
  and United States Government nonlethal personal property needed by 
                      eligible foreign countries.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Voluntary and Material 
Assistance Act of 1996''.

SEC. 2. FINDINGS.

    The Congress finds that a program to dispose of United States 
donated nonlethal personal property to foreign countries--
            (1) would benefit the conduct of foreign policy when 
        carried out in a manner consistent with the objectives of 
        United States policy, including the objectives set forth in 
        sections 101 and 102 of the Foreign Assistance Act of 1961;
            (2) would fill some of the gap created by reduced official 
        United States foreign assistance, thereby serving United States 
        foreign policy objectives and benefiting recipient countries;
            (3) would provide United States assistance to foreign 
        countries at much lower cost, thereby saving taxpayer money;
            (4) would involve more people-to-people activity with less 
        bureaucracy and epitomize the virtue of volunteerism; and
            (5) would benefit the United States private sector engaged 
        in foreign trade through--
                    (A) public relations;
                    (B) reduced costs for storage of disposable 
                equipment;
                    (C) potential reductions in tax liability relating 
                to disposable equipment; and
                    (D) penetration of new markets.

SEC. 3. PURPOSE.

    The purpose of this Act is to supplement conventional official 
United States foreign assistance activities through a program for the 
transfer of private sector and United States Government donated 
nonlethal personal property to eligible countries for humanitarian or 
technical assistance purposes consistent with the foreign policy 
objectives of the United States.

SEC. 4. DEFINITION.

    In this Act, the term ``nonlethal personal property'' means any 
property that--
            (1) is not a weapon, ammunition, or other equipment or 
        material designated to inflict serious bodily harm or death; 
        and
            (2) is any of the following:
                    (A) Nonconsumable capital equipment used in 
                education, manufacturing, or agriculture, or in medical 
                treatment of persons or animals (including books, 
                journals, manuals, and software, and computers and 
                other office equipment used in such activities) that is 
                owned by a non-Federal entity.
                    (B) Consumables (including seeds, reagents, hand 
                tools, repair parts, and other devices, but not 
                including raw materials) that are not normally 
                considered capital equipment but are associated with 
                the use of such equipment owned by a non-Federal 
                entity.
                    (C) Nonconsumable capital equipment and consumables 
                described under subparagraphs (A) and (B), 
                respectively, that--
                            (i) are determined to be surplus property 
                        under the Federal Property and Administrative 
                        Services Act of 1949, and
                            (ii) have been screened for donations to 
                        State agencies under that Act.

SEC. 5. ESTABLISHMENT OF UNITED STATES VOLUNTARY AND MATERIAL 
              ASSISTANCE PROGRAM.

    (a) In General.--(1) To carry out the purpose of this Act, the 
President may--
            (A) receive nonlethal personal property donated to the 
        Federal Government by any United States private sector 
        organization and retransfer such property to eligible foreign 
        countries;
            (B) assist private organizations and voluntary 
        organizations in the United States in transferring nonlethal 
        personal property donated to such organizations to eligible 
        foreign countries by transporting property donated to such 
        organizations to such countries; and
            (C) transfer to eligible foreign countries any nonlethal 
        personal property that is determined to be surplus property 
        under the Federal Property and Administrative Services Act of 
        1949 and is made available to the President under this Act.
    (2) The exercise of authority under this section shall be known as 
the United States Voluntary and Material Assistance Program (in this 
Act referred to as the ``Program'').
    (b) General Requirements.--The President shall ensure that the 
donated nonlethal personal property made available for the purposes of 
this Act (including property donated to private organizations and 
voluntary organizations) is transferred to foreign countries under the 
Program only if such transfer is consistent with--
            (1) the local needs of such countries, as determined by 
        members of the United States official missions, Peace Corps 
        volunteers, and appropriate members of private organizations 
        and voluntary organizations active in such countries;
            (2) the willingness and ability of eligible countries and 
        end users to utilize properly the donated nonlethal personal 
        property; and
            (3) United States foreign policy objectives.
    (c) Eligibility.--(1) A foreign country is eligible to receive 
nonlethal personal property donated under the Program if it--
            (A) is not otherwise ineligible under paragraph (2);
            (B) has a legitimate need for and has formally requested 
        the property under the Program;
            (C) has the capability to receive, operate, and maintain 
        the property;
            (D) agrees to use the property for purposes set forth in 
        paragraph (3); and
            (E) permits donated nonlethal personal property to be 
        imported without duty.
    (2) The following foreign countries may not receive property under 
the Program:
            (A) Foreign countries ineligible to receive assistance 
        under the Foreign Assistance Act of 1961.
            (B) Foreign countries ineligible to receive assistance 
        under the Arms Export Control Act.
            (C) Foreign countries covered by a determination under 
        section 6(j)(1)(A) of the Export Administration Act of 1979 (50 
        U.S.C. App. 2405(j)(1)(A)).
    (3) A foreign country that receives donated nonlethal personal 
property under the Program shall agree--
            (A) to use such property only in schools, hospitals, or 
        refugee programs, for agricultural purposes, for starting and 
        sustaining small businesses, for responding to civil and 
        natural disasters, for preventing and alleviating severe public 
        health and environmental hazards, or for purposes related to 
        such uses; and
            (B) not to resell the property for profit.

SEC. 6. ADMINISTRATION OF PROGRAM.

    (a) International Agreements.--(1) The President may enter into 
agreements with eligible countries to facilitate the carrying out of 
the Program.
    (2) Agreements with eligible countries may provide for the 
distribution of property transferred to such countries under the 
Program by private organizations and voluntary organizations active in 
such countries and by nongovernmental organizations in or active in 
such countries.
    (b) Program Coordination.--(1) There shall be within the Department 
of State a Coordinator of the United States Voluntary and Material 
Assistance Program (in this section referred to as the 
``Coordinator''), who shall be appointed by the President, by and with 
the advice and consent of the Senate.
    (2) The President shall delegate the exercise of his authorities 
under the Program to the Coordinator.
    (3) Upon the delegation of authority under paragraph (2), the 
Coordinator shall be responsible for the administration of the Program, 
including--
            (A) the receipt, classification, repair, maintenance, 
        storage, and shipment of nonlethal personal property donated to 
        the Federal Government or transferred to the President under 
        the Program; and
            (B) the receipt, storage, and shipment of nonlethal 
        personal property donated to private organizations or voluntary 
        organizations in the United States under the Program.
    (4) Where possible, the Secretary of Defense shall identify and 
make available to the Coordinator facilities at United States military 
installations, including defense depots undergoing realignment, to 
serve as collection points for nonlethal personal property donated to 
the Federal Government, transferred to the President, or donated to 
private organizations or voluntary organizations under the Program
    (5) The Coordinator shall work with the Secretary of Agriculture, 
the Administrator of the Agency for International Development, the 
Director of the United States Information Agency, and other United 
States Government agencies, or their successor organizations, that 
manage programs of voluntary and material assistance in order to 
rationalize and achieve the maximum effectiveness of the Program.
    (6) Property may be shipped to an end user only after certification 
of the property under the Program. Such certification shall be made in 
accordance with the provisions of subsections (c), (d), and (e).
    (c) List of Equipment Available for Transfer.--(1) The President 
shall establish and maintain a list of items approved for transfer to 
foreign countries under the Program.
    (2) An item may be added to or subtracted from the list as a result 
of a recommendation from individuals located in eligible foreign 
countries (including members of United States missions, Peace Corps 
volunteers, or members of appropriate private organizations or 
voluntary organizations) or by requests from appropriate officials of 
the governments of such countries.
    (3) The list may not include any item designed specifically for any 
military, religious, or political use.
    (4) Used shoes may not be included on the list except for such 
protective shoes to be used with donated equipment. New shoes and new 
or used clothing may be included on the list if quality control 
standards under subsection (d) are met with respect to such shoes and 
clothing.
    (d) Quality Control.--Donated nonlethal personal property may not 
be accepted for transfer under the Program unless such property is 
certified as acceptable for its intended use by appropriate individuals 
of the private sector donating such property, the department or agency 
of the Federal Government transferring such property to the President, 
private organizations or voluntary organizations accepting such 
property, or the Coordinator.
    (e) Capacity To Utilize.--To ensure that donated nonlethal personal 
property is properly utilized and maintained by the end user, the 
President shall consider the technical competence of the end user 
before transferring the donated property, shall establish a clear 
policy concerning training materials, repair parts, wiring diagrams, 
and operating supplies to accompany the donated property, and shall 
establish policy for related user requirements.
    (f) Personnel.--(1) The President may employ or contract with such 
personnel or organizations as may be necessary to manage and operate 
the Program, including collection points in the United States for 
property donated or transferred to the President, or property donated 
to private organizations or voluntary organizations, under the Program.
    (2) Notwithstanding any other provision of law, the President may 
accept the services of private organizations and voluntary 
organizations, including experienced logisticians, to assist and 
collaborate in all phases of the Program.
    (g) Cross Reference.--For rules regarding charitable contributions 
of property, see section 170 of the Internal Revenue Code of 1986.

SEC. 7. MONITORING OF PROGRAM.

    (a) In General.--The President shall ensure that donated nonlethal 
personal property transferred to foreign countries under the Program is 
maintained and utilized for the purposes intended at the time of the 
transfer. The President shall submit to Congress on a periodic basis a 
report on the actions taken by the President under the preceding 
sentence, including the extent to which foreign countries are utilizing 
and maintaining equipment for such purposes.
    (b) Amendment of Foreign Assistance Act.--Section 634(a) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2394(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (11);
            (2) by redesignating paragraph (12) as paragraph (13); and
            (3) by inserting after paragraph (11) the following new 
        paragraph:
            ``(12) the aggregate dollar value, and the impact on the 
        United States foreign assistance program, of the transfer of 
        donated nonlethal personal property during the preceding fiscal 
        year under the United States Voluntary and Material Assistance 
        Act of 1996, and, separately, under any other Act authorizing 
        the transfer of such property; and''.

SEC. 8. PILOT PROJECTS.

    It is the sense of the Congress that, before carrying out any other 
activities under the Program, the President should first conduct a 
pilot project in eligible countries in sub-Saharan Africa in order to 
demonstrate the feasibility of transferring donated nonlethal personal 
property under the Program.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--For the purpose of 
establishing the Program, there are authorized to be appropriated 
$20,000,000 for fiscal year 1997 and $25,000,000 for fiscal year 1998.
    (b) Availability of Funds.--Funds appropriated pursuant to 
subsection (a) are authorized to remain available until expended.
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