APPENDIX U.S. SENATE, Hon. JOHN L. MCCLELLAN, COMMITTEE ON FOREIGN RELATIONS, Chairman, Committee on Government Operations. DEAR SENATOR: Many thanks for your letter addressed to me under date of June 24 concerning the interest expressed by the Oregon Historical Society in the donable property provisions of the Federal Property and Administrative Services Act. In order that your committee files may contain a complete record of the views expressed by Mr. Thomas Vaughan, director of the Oregon Historical Society, there follows extracts from Mr. Vaughan's letter of June 3 addressed to me. This is for your use in case the committee conducts hearings or engages in studies relative to this subject. "The matter of historical society eligibility for Federal surplus property is being reviewed by the Senate Committee on Labor and Public Welfare. Of special importance to the association is the realization that you are a member of this committee. "With interest in history increasing every year our societies have been placed under increasingly heavy strain trying to serve the multiplying demands of statewide public service." I should like to stress that it is the view of the society that organizations in their category should be declared eligible to receive donations of surplus Federal property. Your consideration of this matter at the appropriate time will be appreciated. With kindest regards. Sincerely, WAYNE MORSE. U.S. SENATE, COMMITTEE ON FINANCE, July 14, 1959. Hon. JOHN L. MCCLELLAN, Chairman, Government Operations Committee, DEAR SENATOR: With regard to the interest of the board of game and fish commissioners in Delaware to submit a statement in behalf of S. 2103, Mr. Norman G. Wilder, the director, has addressed a letter to Senator Gruening. Mr. Wilder desires very much that the enclosed statement be made a part of the record. He will also be glad to come over personally to testify if the committee desires. Sincerely yours, Hon. JOHN L. MCCLELLAN, Chairman, Government Operations Committee, J. ALLEN FREAR, Jr. U.S. SENATE, Washington, D.C., July 17, 1959. DEAR SENATOR: I am enclosing a statement that I have recently received from the director of the Delaware Board of Game and Fish Commissioners relative to S. 2103. 241 I would appreciate it if you would refer this to the proper subcommittee of the Government Operations Committee, with the request that it be included in the record of any hearings that may be held on this or similar bills. Yours sincerely, JOHN J. WILLIAMS. STATEMENT BY NORMAN G. WILDER, DIRECTOR, BOARD OF GAME AND FISH COMMISSIONERS, STATE OF DELAWARE, RELATIVE TO SENATE BILL 2103 For the last few years our agency has tried unsuccessfully, to qualify for surplus Federal property such as draglines, bulldozers, steel matting (for launching ramps), pumps, and motors. All of these items we have had to eventually buy on the open market or in several cases do without or at a considerable sacrifice to our full potential as a conservation agency. Over this same period we have witnessed surplus Government supplies of the above nature being allocated to Federal agencies engaged in work almost identical with ours and also being bought for a song by private surplus property dealers who resold them on the open market at a tremendous markup. A State fish and game agency such as ours is not able to compete with the latter groups at Government surplus sales because we do not deal in large quantities or on an immediate cash basis. The result has been that we have been buying Government surplus steel matting, for example, through private dealers at a price several times their purchase price from the U.S. Government. Since there are apparently still large quantities of Government surplus items reaching the private markets, over and above other Government and eligible State agency needs, it is felt by State fish and game agencies, including our own, that eligibility of such agencies for Government surplus materials is in order. We hereby submit this as testimony to be included in the record of hearings on this bill, S. 2103. Hon. JOHN L. MCCLELLAN, U.S. SENATE, Washington, D.C., July 28, 1959. Chairman, Government Operations Committee, DEAR SENATOR: It has come to our attention that your committee will hold hearings on July 29 and 30, 1959, in connection with S. 155, which we introduced as an amendment to the Federal Property and Administrative Services Act of 1949. The bill will permit additional donations of surplus property to libraries which are tax supported or publicly owned and operated. At this time, the act, as interpreted by the Department of Health, Education, and Welfare, permits public libraries to receive surplus real property and some personal property related thereto. However, the public library is not within the designated class eligible to receive Federal surplus property which is of a true personal character. Accordingly, S. 155 was designed and initiated to alleviate this situation so that public libraries can receive all types of Federal surplus property, both real and personal, distributed under the provisions of the act. The inclusion of the public library within the recipient class as to personal property would not contravene the underlying purposes of the act. Indeed, in view of the fact that the public libraries are already receiving surplus property under the present authority, such an extension of the encompassing effect of the act might well be expected. Moreover, as tax supported and nonprofit educational institutions are specifically designated among those groups qualified to receive personal property, it is but an easy step to qualify the public libraries as well, whose functions and objectives in their dissemination of information to the public is an essential part of our country's educational system. For the above reasons, we sincerely urge that the Senate Committee on Government Operations give its most careful consideration to this bill. It is our belief that its effect would be entirely consistent with the legislative intent of the act, and the results sought thereby are both reasonable and logical in the premises. Sincerely, ROBT. S. KERR. U.S. SENATE, Hon. JOHN L. MCCLELLAN, COMMITTEE ON APPROPRIATIONS, Chairman, Committee on Government Operations, July 31, 1959. DEAR SENATOR: This letter concerns S. 1018. This bill would merely clarify the law and make our friends in the Extension Service back in the States, especially at the county level, eligible to receive surplus office furniture from General Services Administration and other Federal agencies that handle same. Under the present rulings, the Extension Service being strictly a State agency, even though it is in part directed and paid for by the Federal Government, is discriminated against with reference to this surplus office furniture. For instance, when the Post Office Department in a county seat in Arkansas has excess office furniture, it cannot transfer it over to the county agent's office even if the county agent's office is located in the same building. The only objection put up to the bill is that they say they do not have enough such property in surplus to go all the way around and, therefore, it should be kept strictly for the Federal agencies. This doesn't make good sense to me, nor to the Extension Service workers who carry so much of the agricultural load in our counties at home. I hope you can give this bill your personal attention. Walter Reynolds is familiar with this bill, as are some of your other staff members, and can give you the rundown on it. I will appreciate your looking into it. Hearings have already been completed, and I feel that once the bill goes to calendar it will move through the Senate without further difficulty. Thanking you and with best wishes, I am, Sincerely yours, JOHN STENNIS. TENNESSEE SCHOOL BOARD ASSOCIATION, Hon. ALBERT GORE, Senate Office Building, Washington, D.C. DEAR SENATOR GORE: I am writing to you on the direction of our executive council in reference to the administration of Public Law 152, 81st Congress, as amended. This law specifies that institutions qualifying for the receipt of surplus property must be of one of the following types: school, college, university, school system, medical institution, hospital, clinic, health center, or civil defense organization, and the institution must be either tax supported or a private institution exempt from taxation. We have received a legal opinion from Mr. J. Wendell Gray, Chief of the Surplus Property Utilization Division, Department of Health, Education, and Welfare, that the association cannot qualify under the present definitions of the terms in the law and that the General Counsel has consistently held that only organizations which fully meet the definitions set forth in the regulations may be granted eligibility to receive donations from surplus property. The Tennessee School Boards Association is by legal definition a political subdivision of the State of Tennessee, having been established by act of the 1953 legislature (Public Acts of 1953, ch. 72). We are supported by dues paid by school boards out of public school funds supplied both by State and local taxation. The association is nonprofit and tax exempt and operates to provide services to school systems. Our law reads that local boards "are hereby authorized to use the organization of the Tennessee School Boards Association in coordinating the policies, control, and management of the schools under their respective jurisdiction." Due to the fact that the Tennessee School Boards Association operates in such a legal relationship with school systems and serves as an extension of their responsibility, we feel that the law and/or regulations could and should logically include the State school boards associations which are legally organized such as Tennessee's. We would appreciate your reaction as to the possibilities of introduction and passage of such legislation and whether or not you would be willing to support such legislation. For your information, I am enclosing a copy of the act which set up the school boards association and its present legal status and shall be glad to provide any further information which your office may need. Thank you so much for your help in this matter. A BILL To be entitled "An Act to recognize the Tennessee School Boards Association as the organization and representative agency of the members of school boards of the State; to authorize State and local school boards and agencies to cooperate with said association in its programs; and to confer powers and authority upon said association for carrying on its objectives" Whereas the Tennessee School Boards Association was organized in 1939 and has rendered and continues to render a valuable contribution to public education throughout Tennessee; and Whereas said Tennessee School Boards Association is composed of members of boards of education throughout Tennessee, including the State board of education, county and city boards of education and boards of education of special school districts, and is the only statewide organization representing these boards which admiinster the school system of this State; and Whereas said association has for its purpose as set forth in its constitution and bylaws, among others, (1) to work for the general advancement and improvement of public education in Tennessee, and for the most efficient and effective organization of the public schools, (2) to gather and circulate information on school activities and affairs, (3) to provide the General Assembly of Tennessee with pertinent information incident to the passage of sound educational legislation, and (4) to cooperate with other organizations and agencies such as the Tennessee Education Association, Tennessee Congress of Parents and Teachers, and others interested in the problems of public education; and Whereas said Association carries on an inservice training program for school board members, acquainting them with procedures and developments in school administration and publishes a monthly bulletin which is furnished to all members of all school boards throughout the State, and its work should be recognized and supported by the people of Tennessee: Now, therefore, SECTION 1. Be it enacted by the general assembly of the State of Tennessee, That the Tennessee School Boards Association is hereby recognized as the organization and representative agency of the members of school boards of Tennessee. SECTION. 2. Be it further enacted, That the State commissioner of education, the State department of education, and the boards of education of counties, cities and special school districts are hereby authorized and empowered to cooperate with the Tennessee School Boards Association in its intraining programs for school board members and in encouraging and fostering cooperation among the school boards in Tennessee. Any board of education is hereby authorized to become affiliated with the Tennessee School Boards Association. Membership dues and necessary traveling expenses of school board members and superintendents incurred in attending meetings of the Tennessee School Boards Association may be paid as other expenses are paid by boards of education. The various boards of education are hereby authorized to use the organization of the Tennessee School Boards Association in coordinating the policies, control, and management of the schools under their respective jurisdictions. SECTION 3. Be it further enacted, That the Tennessee School Boards Association shall be authorized to receive funds in the form of dues from its members and contributions from individuals, organizations, and agencies for the purposes of carrying on its program. SECTION 4. Be it further enacted, That the provisions of this act are hereby declared to be severable. If any of its sections, provisions, exceptions, sentences, clauses, phrases, or parts be held unconstitutional or void the remainder of this act shall continue in full force and effect, it being the legislative intent now hereby declared, that this act would have been adopted even if such unconstitutional or void matter had not been included therein. SECTION 5. Be it further enacted, That this act take effect from and after its passage, the public welfare requiring it. Passed March 25, 1953. STATE HISTORICAL SOCIETY, Senator JOSEPH S. CLARK, Senate Office Building, Washington, D.C. DEAR SENATOR CLARK: Clement M. Silvestro, director of the American Association for State and Local History, has called to my attention the efforts being made to amend section 203 (j) (3) of Public Law 152, 81st Congress, as amended (40 U.S.C. 484 (j)), to provide that historical societies and agencies be made eligible to receive Federal surplus property. This amendment, I understand, will be considered by the Senate Committee on Labor and Public Welfare. Although the State Historical Society of Wisconsin is organized and operated exclusively for educational purposes and is specifically designated as an educational institution under Wisconsin statutes, it has at various times in the past been made very much aware of the inability of historical organizations to avail themselves of the opportunity to make use of surplus property. Just recently the society was again declared unqualified to receive the surplus Presidential car, the Ferdinand Magellan, which we had attempted to obtain for exhibition and use in our new National Railroad Museum being constructed in Green Bay. Many of the materials declared surplus could be used to advantage in our museum, our libraries, our school services program (in which over 25,000 school children in the State are now participating), at our historic sites and restorations, or in other phases of our program. I am sure this holds true for other historical societies and agencies throughout the country. Our society must rely to a great extent on endowments and private funds for promotion of our educational prorgams, even though it is an official State agency receiving State appropriations for carrying on its statutory functions. Use of surplus properties would in many ways help to alleviate the usual tight budgets for projects of this type, and thus possibly permit extension or strengthening of the programs. We hope you will do whatever you can to obtain passage of this amendment. Cordially, DONALD R. MCNEIL. ASSOCIATION OF MIDWEST FISH AND GAME COMMISSIONERS, Senator JOHN L. MCCLELLAN, Chairman, Committee on Government Operations, DEAR SENATOR MCCLELLAN: At the recent annual meeting of the Midwest Fish and Game Commissioners, the enclosed resolution was passed by our organization. We are greatly interested in the passage of this proposed legislation. Such surplus equipment is now made available for forest fire control. We can see no reason why the use of such surplus for restoration of our wildlife resources should not be included. Kindly advise of the current status and action that may be taken in this matter. Yours sincerely, WILLIAM B. BARNES, President. |