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EXHIBIT 8-REPLIES FROM THE DEPARTMENT OF THE NAVY

Hon. WILLIAM L. DAWSON,

DEPARTMENT OF THE NAVY,

OFFICE OF THE SECRETARY, Washington, D. C., May 13, 1957.

Chairman, Committee on Government Operations,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Your request for comment on H. R. 242, a bill to amend the Federal Property and Administrative Services Act of 1949 to permit the donation of surplus property to certain community organizations has been assigned to this Department by the Secretary of Defense for the preparation of a report expressing the views of the Department of Defense.

The purpose of this bill is to authorize the Administrator of General Services to donate surplus property to volunteer fire departments, volunteer rescue or lifesaving squads, which perform community services that would be performed by the State, or its political subdivisions, if not performed by such organizations. The determination as to whether the property is usable and necessary shall be made by the Secretary of Health, Education, and Welfare.

The proposal broadens the donation program to include volunteer fire departments and volunteer rescue or lifesaving squads among those entitled to receive surplus property of the Federal Government without cost, except for cost of care and handling.

The views of the Department of Defense are in accord with those of the Senate Committee on Government Operations expressed as follows in Senate report 2267 of the 84th Congress (Report on H. R. 7227, a bill extending the donation program to include the Federal Civil Defense Agency):

"The subcommittee on reorganization also gave consideration to other proposals pending before the committee for extension of the donable provisions of the Federal Property and Administrative Services Act, as related to the disposal of surplus property including soil conservation district, welfare camps, and 4-H Clubs, but recommended against including additional groups or agencies. "The action of the committee, in opposing further extensions at this time, accords with the views of some of the Federal agencies concerned with surplus property disposals, which held that further spreading of distributions under the program would create difficult administrative problems and seriously impair the benefits presently accruing to educational and public health activities. This view also accords with the recommendations of the Hoover Commission. * * *” This Department desires to take this opportunity to point out that it opposes making certain supplies capitalized under working-capital funds available for donation without reimbursement. Such opposition was noted in connection with the consideration of H. R. 3322, which was subsequently enacted as Public Law 61 of the 84th Congress.

Therefore the Department of the Navy, on behalf of the Department of Defense, does not favor the enactment of H. R. 242.

This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense.

The Department of the Navy has been advised by the Bureau of the Budget that there is no objection to the submission of this report on H. R. 242 to the Congress.

Sincerely yours,

E. C. STEPHAN,

Rear Admiral, United States Navy,
Chief of Legislative Liaison
(For the Secretary of the Navy).

DEPARTMENT OF THE NAVY,

OFFICE OF THE SECRETARY,
Washington, D. C.

Hon. WILLIAM L. DAWSON,

Chairman, Committee on Government Operations,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Your request for comment on H. R. 2504, a bill to provide that Government surplus property may be donated to 4-H Clubs for the construction, equipment, and operation of camps and centers, has been assigned to this Department by the Secretary of Defense for the preparation of a report thereon expressing the views of the Department of Defense.

The purpose of this bill is to amend the Federal Property and Administrative Services Act (40 U. S. C. 484) to authorize the Administrator of General Services to donate, without cost, to 4-H Clubs such property as is determined to be usable and necessary for the construction, equipment, and operation of 4-H Club camps and centers. The determination whether surplus property is usable and necessary for the construction, equipment, and operation of 4-H Club camps and centers shall be made by the Secretary of Health, Education, and Welfare.

The proposal broadens the donation program to include 4-H Clubs among those entitled to receive surplus property of the Federal Government without cost, except for cost of care and handling.

The views of the Department of Defense are in accord with those of the Senate Committee on Government Operations expressed as follows in Senate Report 2267 of the 84th Congress (report on H. R. 7227, a bill extending the donation program to include the Federal Civil Defense Agency) :

"The Subcommittee on Reorganization also gave consideration to other proposals pending before the committee for extension of the donable provisions of the Federal Property and Administrative Services Act, as related to the disposal of surplus property, including soil conservation districts, welfare camps, and 4-H Clubs, but recommended against including additional groups or agencies. "The action of the committee, in opposing further extensions at this time, accords with the views of some of the Federal agencies concerned with surplus property disposals, which held that further spreading of distributions under the program would create difficult administrative problems and seriously impair the benefits presently accruing to educational and public health activities. This view also accords with the recommendations of the Hoover Commission. * * *"

However, this Department desires to take this opportunity to point out that it opposes making certain supplies capitalized under working-capital funds available for donation without reimbursement. Such opposition was noted in connection with the consideration of H. R. 3322, which was subsequently enacted as Public Law 61 of the 84th Congress.

It should be noted that the bill is technically inaccurate, since subsections (m) and (n) were added to section 203 of the Federal Property and Administrative Services Act of 1949 by Public Law 61 of the 84th Congress (69 Stat. 83). In view of the foregoing, the Department of the Navy on behalf of the Department of Defense does not favor the enactment of H. R. 2504.

This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense.

The Department of the Navy has been advised by the Bureau of the Budget that there is no objection to the submission of this report on H. R. 2504 to the Congress.

Sincerely yours,

JOHN S. MCCAIN, Jr.,

Captain, United States Navy,

Chief of Legislative Liaison
(For the Secretary of the Navy).

Hon. WILLIAM L. DAWSON,

DEPARTMENT OF THE NAVY,

OFFICE OF THE SECRETARY, Washington, D. C., June 27, 1958.

Chairman, Committee on Government Operations,
House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Your request for comment on H. R. 4107 and H. R. 6316, bills to amend the Federal Property and Administrative Services Act of

1949 to permit the donation of surplus property to volunteer fire-fighting organizations, volunteer reserve services, squads, and first-aid crews," has been referred to this Department by the Secretary of Defense for the preparation of a report thereon expressing the views of the Department of Defense.

The purpose of H. R. 4107 and H. R. 6316 is to amend the Federal Property and Administrative Services Act of 1949 to include volunteer fire-fighting organizations, volunteer reserve services, squads, and first-aid crews within the class of agencies which are eligible to receive surplus Government property.

While the broadening of the donation program to cover additional agencies may add delays and difficulties to the ultimate disposal of surplus property it will not impede the determination of Department of Defense excess property, nor the disposition of such property by the Department of Defense. It should be pointed out that the continued addition of eligible donees as proposed by this bill will open the disposal program to real possibilities of abuse and impair the benefits accruing to present eligible donees.

The responsibility for making determinations as to recipients of surplus property and the authority to dispose of the property are placed in agencies outside the Department of Defense. The Department of the Navy, therefore, on behalf of the Department of Defense, neither favors nor opposes enactment of H. R. 4107 and H. R. 6316.

H. R. 4107 and H. R. 6316 appear to be technically incorrect in that the amendments to subsection 203 (J) (1) and (J) (2) do not take into consideration the amendments made to those subsections by the act of July 3, 1956 (70 Stat. 493, ch. 513; 40 U. S. C. 484 (J) (1) and (2)). Sections 3 and 4 of the bill also appear to be incorrect in the reference to subsection 203 (M) and (N).

This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense.

The Department of the Navy has been advised by the Bureau of the Budget that there is no objection to the submission of this report to the Congress. Sincerely yours,

R. Y. MCELROY,

Captain, United States Navy,
Deputy Director, Legislative Liaison

(For the Secretary of the Navy).

Hon. WILLIAM L. DAWSON,

DEPARTMENT OF THE NAVY,

OFFICE OF THE SECRETARY, Washington, D. C., May 13, 1957.

Chairman, Committee on Government Operations,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Your request for comment on H. R. 5451, a bill to amend section 203 of the Federal Property and Administrative Services Act of 1949 to permit the disposal of surplus property to municipalities, has been assigned to this Department by the Secretary of Defense for the preparation of a report, expressing the views of the Department of Defense.

The purpose of H. R. 5451 is to permit the donation of surplus governmental property to municipalities. The proposal broadens the donation program to include municipal governments among those entitled to receive surplus property of the Federal Government without cost, except for cost of care and handling. The views of the Department of Defense are in accord with those of the Senate Committee on Government Operations expressed as follows in Senate Report 2267 of the 84th Congress (report on H. R. 7227, a bill extending the donation program to include the Federal Civil Defense Agency) :

"The Subcommittee on Reorganization also gave consideration to other proposals pending before the committee for extension of the donable provisions of the Federal Property and Administrative Services Act, as related to the disposal of surplus property, including soil conservation districts, welfare camps, and 4-H Clubs, but recommended against including additional groups or agencies.

"The action of the committee, in opposing further extensions at this time, accords with the views of some of the Federal agencies concerned with surplus property disposals, which held that further spreading of distributions under the program would create difficult administrative problems and seriously

impair the benefits presently accruing to educational and public health activities. This view also accords with the recommendations of the Hoover Commission. ***”

This Department desires to take this opportunity to point out that it opposes making certain supplies capitalized under working-capital funds available for donation without reimbursement. Such opposition was noted in connection with the consideration of H. R. 3322 which was subsequently enacted as Public Law 61 of the 84th Congress.

In view of the foregoing, the Department of the Navy, on behalf of the Department of Defense does not favor the enactment of H. R. 5451.

This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense.

The Department of the Navy has been advised by the Bureau of the Budget that there is no objection to the submission of this report on H. R. 5451 to the Congress.

Sincerely yours,

E. C. STEPHAN,

Rear Admiral, United States Navy,

Chief of Legislative Liaison
(For the Secretary of the Navy).

Hon. WILLIAM L. DAWSON,

DEPARTMENT OF THE NAVY,

OFFICE OF THE SECRETARY, Washington, D. C., June 27, 1958.

Chairman, Committee on Government Operations,
House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Your request for comment on H. R. 4107 and H. R. 6316, bills to amend the Federal Property and Administrative Services Act of 1949 to permit the donation of surplus property to volunteer fire-fighting organizations, volunteer reserve services, squads, and first-aid crews, has been referred to this Department by the Secretary of Defense for the preparation of a report thereon expressing the views of the Department of Defense.

The purpose of H. R. 4107 and H. R. 6316 is to amend the Federal Property and Administrative Services Act of 1949 to include volunteer fire-fighting organizations, volunteer reserve services, squads, and first-aid crews within the class of agencies which are eligible to receive surplus Government property.

While the broadening of the donation program to cover additional agencies may add delays and difficulties to the ultimate disposal of surplus property it will not impede the determination of Department of Defense excess property, nor the disposition of such property by the Department of Defense. It should be pointed out that the continued addition of eligible donees as proposed by this bill will open the disposal program to real possibilities of abuse and impair the benefits accruing to present eligible donees.

The responsibility for making determinations as to recipients of surplus property and the authority to dispose of the property are placed in agencies outside the Department of Defense. The Department of the Navy, therefore, on behalf of the Department of Defense, neither favors nor opposes enactment of H. R. 4107 and H. R. 6316.

H. R. 4107 and H. R. 6316, appear to be technically incorrect in that the amendments to subsection 203 (J) (1) and (J) (2) do not take into consideration the amendments made to those subsections by the act of July 3, 1956 (70 Stat. 493, ch. 513; 40 U. S. C. 484 (J) (1) and (2)). Sections 3 and 4 of the bill also appear to be incorrect in the reference to subsection 203 (M) and (N). This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense.

The Department of the Navy has been advised by the Bureau of the Budget that there is no objection to the submission of this report to the Congress.

Sincerely yours,

R. Y. MCELROY,

Captain, United States Navy,
Deputy Director, Legislative Liaison

(For the Secretary of the Navy).

Hon. WILLIAM L. DAWSON,

DEPARTMENT ON THE NAVY,

OFFICE OF THE SECRETARY, Washington, D. C., September 25, 1957.

Chairman, Committee on Government Operations,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Your request for comment on the bill (H. R. 6537) to authorize the disposition of certain obsolete and excess property to the United States Volunteer Life Saving Corps, has been assigned to this Department by the Secretary of Defense for preparation of a report thereon expressing the views of the Department of Defense.

H. R. 6537 has as its purpose the transfer from the several components of the Armed Forces to the United States Volunteer Life Saving Corps of material that is variously described as "obsolete or excess," obsolete material not needed for naval purposes," material that may be spared" and "other material as may not be needed."

The United States Volunteer Life Saving Corps is, according to information available, a nonprofit organization that has been in existence since 1870. Its primary function is to render assistance to disabled craft upon call.

The procedure established by the bill for the transfer of property by the Secretaries of the Departments and by the Commandant of the Coast Guard lacks uniformity, although there is no apparent reason to differentiate between the various services in this respect. There is, moreover, no indication as to the reason for authorizing action on the departmental level in the case of the Army, Navy, and Air Force and for authorizing action on the command level in the case of the Coast Guard. Lack of uniformity in these elements would render the act very cumbersome to administer.

As noted, the bill defines to material to which it applies in various terms. The disposal of Government property is a highly technical subject which has necessitated the adoption and use of certain statutory terms of art. In the bill such words of art as "excess" are used with less technical phrases as "other material that may be spared." This choice of language could lend to ambiguous construction of the terms of the bill.

The Federal Property and Administrative Services Act of 1949 (40 U. S. C., sec. 486) provides standard procedures for the disposal of Government property. It is suggested that if the purpose of H. R. 6537 were to be implemented, it should be done under, or in consonance with, the general statutory provisions on the subject of property disposal.

In view of the foregoing, and without expressing any opinion on the merits of the bill, the Department of the Navy, on behalf of the Department of Defense, recommends that it not be enacted in its present form.

This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense.

The Bureau of the Budget has advised that there is no objection to the submission of this report on H. R. 6537 to the Congress.

Sincerely yours,

E. C. STEPHAN,

Rear Admiral, United States Navy,

Chief of Legislative Liaison
(For the Secretary of the Navy).

Hon. WILLIAM L. DAWSON,

DEPARTMENT OF THE NAVY,
OFFICE OF THE SECRETARY,
Washington, D. C.

Chairman, Committee on Government Operations,
House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Your request for comment on H. R. 9522, a bill to amend the Federal Property and Administrative Services Act of 1949 to authorize the disposal of surplus property to certain welfare agencies, has been referred to this Department by the Secretary of Defense for the preparation of a report expressing the views of the Department of Defense.

The purpose of H. R. 9522 is to amend the Federal Property and Administrative Services Act of 1949 to include welfare or recreation agencies which meet

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