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AMENDING THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949 SO AS TO PERMIT DONATIONS OF SURPLUS PROPERTY TO PUBLIC MUSEUMS

SEPTEMBER 24, 1969.-Ordered to be printed

Mr. ALLEN, from the Committee on Government Operations, submitted the following

REPORT

[To accompany S. 2210]

The Committee on Government Operations, to which was referred the bill (S. 2210) to amend the Federal Property and Administrative Services Act of 1949 so as to permit donations of surplus property to public museums, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass.

AMENDMENT

Page 2, lines 4 and 5, strike out, "all residents of a community, district, State, or region", and insert in lieu thereof, "the general public.".

This amendment is designed to clarify the definition of public museums. The amendment was recommended by the Department of Health, Education, and Welfare, on the premise that while public museums are educational resources, as are public libraries, they differ in that a library serves the local community whereas a public museum serves the general public.

PURPOSE

S. 2210 provides for making public museums, like public libraries, eligible to secure surplus property which is usable and necessary for purposes of education, public health, or for research for any such purpose.

Section 203 (j) of the Federal Property and Administrative Services Act of 1949, as amended, now authorizes the donation of surplus property to museums if they are a part of a school, college, university, or public library, but does not permit the donation of such property to a tax supported public museum. S. 2210 would extend this authority to such public museums in view of their contribution to education. S. 2210 was approved by the Bureau of the Budget and the Department of Health, Education, and Welfare. The General Services Administration, which administers the surplus property program, opposes the bill on the grounds that the inclusion of public museums would increase the competition among those who are now permitted to utilize such property. From the information submitted to the committee during the consideration of this bill, however, it would appear that public museums would need only a limited number of stock items of a rather representative nature, such as a weapon, uniform, etc. Moreover, in the event competition should develop, the law and procedures presently administered by the Department of Health, Education, and Welfare and the State agencies are adequate to resolve any foreseeable conflicts.

AGENCY. COMMENTS

The following reports and recommendations have been received by the committee from the affected Federal departments and agencies:

EXECUTIVE OFFICE OF THE PRESIDENT,

Hon. JOHN L. MCCLELLAN,

BUREAU OF THE BUDGET, Washington, D.C., July 9, 1969.

Chairman, Committee on Government Operations, U.S. Senate, New Senate Office Building, Washington, D.C.

DEAR MR. CHAIRMAN: This is in response to your request for a report on S. 2210, a bill "To amend the Federal Property and Administrative Services Act of 1949 so as to permit donations of surplus property to public museums."

At present a museum is not eligible to receive donations of surplus personal property unless it is a part of a school, college, university or public library. The purpose of S. 2210 would be to redefine existing authority for donations of surplus personal property for educational purposes to specifically include public tax supported museums regardless of whether they are parts of schools, colleges, universities or public libraries. We would not object to enactment of this bill.

In redefining "educational purpose" to include a library, S. 2210 is clearly distinguishable from the numerous bills to enlarge the donation program by adding new categories of eligible donees, such as volunteer fire departments and rescue squads, municipal corporations, sanitary districts and various local agencies. Donations for educational purposes have been authorized for many years and legislation along the lines of S. 2210 would not constitute a new type or category of purpose for which donations would be authorized.

For the above reasons we would have no objection to the enactment of S. 2210.

Sincerely yours,

WILFRED H. ROMMEL, Assistant Director for Legislative Reference.

S. Rept. 91-423

Hon. JOHN L. MCCLELLAN,

GENERAL SERVICES ADMINISTRATION,
Washington, D.C., July 14, 1969.

Chairman, Committee on Government Operations,
U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: Your letter of May 22, 1969, requested the views of the General Services Administration on S. 2210, 91st Congress, a bill "To amend the Federal Property and Administrative Services Act of 1949 so as to permit donations of surplus property to public museums."

Under the Federal Property and Administrative Services Act of 1949 and related legislation, the donation of surplus personal property is limited to educational, public health, civil defense, and public airport uses. Section 203 (j) (3) of the Property Act identifies the types of institution or organization qualifying for donation of surplus personal property for purposes of education or public health, and does not include public museums. The effect of enactment of S. 2210 would be to include museums serving free all residents of a community, district, State, or region, and receiving financial support from public funds.

Personal property which has been determined excess to the needs of a Federal agency must be made available for transfer to other Federal agencies and their authorized recipients before it may be determined surplus and offered for donation. The volume of surplus personal property has been sharply reduced by the requirements of Federal agencies. A further reduction in the volume of surplus personal property available for donation results from the fact that only limited types of personal property are usable for the purposes authorized and in condition suitable for such use. Since it is to be expected that public museums would desire the same type of property that is sought by donees presently eligible, enactment of S. 2210 would increase the competition for available property and further decrease the volume available per eligible donee.

GSA is aware of the Federal Government's interest in supporting the efforts of State and local governments to carry out their public responsibilities, and the Congress has recognized the need for Federal assistance to specific organizations now eligible to receive donated personal property. On the question of whether the designation of public museums as eligible donees is a proper extension of the use of surplus property in the donation program, GSA defers to the Congress for determination on the basis of national policy and priority. Other than the reservations expressed above, GSA has no objection to enactment of the bill.

The Bureau of the Budget has advised that, from the standpoint of the administration's program, there is no objection to the submission of this report to your committee.

Sincerely,

ROBERT L. KUNZIG, Administrator.

S. Rept. 91-423

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