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, S. Rept. 91-423 Assistant Director for Legislative Reference. Hon. JOHN L. MCCLELLAN, GENERAL SERVICES ADMINISTRATION, Chairman, Committee on Government Operations, 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 DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, July 17, 1969. Hon. JOHN L. MCCLELLAN, Chairman, Committee on Government Operations, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: This letter is in response to your request of May 22, 1969, 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." The bill would provide that public museums, like public libraries, would be eligible to secure surplus property which is usable and necessary for purposes of education, public health, or for research for any such purpose. The term, "public museum," is defined in the bill as being "a museum that serves free all residents of the community, district, State, or region, and receives its financial support in whole or in part from public funds." This definition is the same as that now contained in the act for public libraries. This Department recognizes that public museums are in a very real sense an educational resource, as are the public libraries which are now included in the specifically enumerated types of educational and health activities eligible to participate in the surplus property program. However, in our view, a public museum differs from a public library in that a library lends out its books and periodicals, publications, etc., to residents of the community it serves, whereas a museum provides for the viewing of its materials and subjects by the general public, resident or nonresident in the community, and rarely engages in the lending of its materials and exhibits, as do the libraries. Hence, a public museum more likely serves the general public rather than the residents of any community, district, State or region. We, therefore, recommend that the definition of public museum be revised to read "a museum that serves the general public free and receives its financial support in whole or in part from public funds." We recommend enactment of the proposed bill. We are advised by the Bureau of the Budget that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely, ROBERT H. FINCH, Secretary. CHANGES IN EXISTING LAW In compliance with subsection 4 of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill as reported are shown as follows (existing law proposed to be changed enclosed in black brackets, new matter in italic, existing law in which no change is proposed to be made in roman): THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED |