[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1767 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1767

  To consolidate in the Administrator of General Services authorities 
relating to the control and utilization of excess and surplus property, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 1997

  Mr. Peterson of Minnesota introduced the following bill; which was 
 referred to the Committee on Government Reform and Oversight, and in 
   addition to the Committees on National Security, Small Business, 
 Science, and International Relations, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To consolidate in the Administrator of General Services authorities 
relating to the control and utilization of excess and surplus property, 
                        and for other purposes.

    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 ``Federal Surplus Property Reform Act 
of 1997''.

SEC. 2. SPECIAL AUTHORITIES OF SECRETARY OF DEFENSE REGARDING DISPOSAL 
              OF EXCESS AND SURPLUS PROPERTY.

    (a) Expansion of Limitation on Use of Excess Nonlethal Supplies for 
International Assistance Programs.--
            (1) Expansion of limitation.--Section 2552 of title 10, 
        United States Code, is amended to read as follows:
``Sec. 2552. Limitation on use of nonlethal excess supplies from 
              Department of Defense stocks in foreign assistance, 
              humanitarian assistance, and military sales programs
    ``(a) Limitation.--Nonlethal excess supplies from the stocks of the 
Department of Defense may be transferred to a foreign country or 
international organization pursuant to part II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2301 et seq.) or section 21 of the 
Arms Export Control Act (22 U.S.C. 2761) or used for humanitarian 
relief purposes under section 2547 of this title only if--
            ``(1) no department or agency of the Federal Government 
        (other than the Department of Defense), no State, and no other 
        person or entity eligible to receive excess or surplus property 
        under the Federal Property and Administrative Services Act of 
        1949 (40 U.S.C. 472 et seq.) submits to the Administrator of 
        General Services a request for the nonlethal excess supplies; 
        or
            ``(2) the President certifies to Congress that the transfer 
        is necessary in order to respond to an emergency for which the 
        nonlethal excess supplies are especially suited.
    ``(b) Nonlethal Excess Supplies Defined.--In this section, the term 
`nonlethal excess supplies' means property, other than real property, 
of the Department of Defense--
            ``(1) that is excess property, as defined in regulations of 
        the Department of Defense; and
            ``(2) that is not a weapon, ammunition, or other equipment 
        or material that is designed to inflict serious bodily harm or 
        death.''.
            (2) Conforming amendment.--Section 2547(a) of such title is 
        amended by striking ``The Secretary of Defense'' and inserting 
        ``Subject to section 2552 of this title, the Secretary of 
        Defense''.
            (3) Clerical amendment.--The table of sections at the 
        beginning of chapter 152 of such title is amended by amending 
        the item relating to section 2552 to read as follows:

``2552. Limitation on use of nonlethal excess supplies from Department 
                            of Defense stocks in foreign assistance, 
                            humanitarian assistance, and military sales 
                            programs.''.
    (b) Elimination of General Delegation to Secretary of Defense of 
Disposal Authority Over Personal Property.--
            (1) Base closures under 1988 act.--Section 204(b)(1) of the 
        Defense Authorization Amendments and Base Closure and 
        Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is 
        amended--
                    (A) in the matter above subparagraph (A), by 
                striking out ``real property, facilities, and personal 
                property,'' and inserting in lieu thereof ``real 
                property and facilities'';
                    (B) in subparagraph (A), by inserting ``, other 
                than personal property,'' after ``excess property'';
                    (C) in subparagraph (B), by inserting ``, other 
                than personal property,'' after ``surplus property''; 
                and
                    (D) in subparagraph (C), by inserting before the 
                period at the end the following: ``, other than such 
                authority with respect to personal property''.
            (2) Base closures under 1990 act.--Section 2905(b)(1) of 
        the Defense Base Closure and Realignment Act of 1990 (Public 
        Law 101-510; 10 U.S.C. 2687 note) is amended--
                    (A) in the matter above subparagraph (A), by 
                striking out ``real property, facilities, and personal 
                property,'' and inserting in lieu thereof ``real 
                property and facilities'';
                    (B) in subparagraph (A), by inserting ``, other 
                than personal property,'' after ``excess property'';
                    (C) in subparagraph (B), by inserting ``, other 
                than personal property,'' after ``surplus property''; 
                and
                    (D) in subparagraph (C), by inserting before the 
                period at the end the following: ``, other than such 
                authority with respect to personal property''.
    (c) Support for Regional Equipment Centers.--
            (1) Newport township center.--Section 210 of Public Law 
        101-302 (104 Stat. 220) is repealed.
            (2) Cambria county center.--Section 9148 of Public Law 102-
        396 (106 Stat. 1941) is repealed.

SEC. 3. REPEAL OF AUTHORITY TO TRANSFER SURPLUS PROPERTY TO 
              DISADVANTAGED SMALL BUSINESS CONCERNS ON PRIORITY BASIS.

    Section 7(j)(13)(F) of the Small Business Act (15 U.S.C. 
636(j)(13)(F)) is amended--
            (1) in the first sentence by striking ``or surplus 
        property'';
            (2) in the second sentence by striking ``or property'';
            (3) by striking the third sentence; and
            (4) in the fourth sentence by striking ``or property''.

SEC. 4. SURPLUS EQUIPMENT OF DEPARTMENT OF ENERGY RESEARCH AND 
              DEVELOPMENT FACILITIES.

    Section 3166(b) of the Department of Energy Science Education 
Enhancement Act (42 U.S.C. 7381c(b)) is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraphs (3) through (6) as 
        paragraphs (2) through (5), respectively.

SEC. 5. EXCESS LABORATORY RESEARCH EQUIPMENT.

    (a) Repeal.--Section 11(i) of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710(i)) is repealed.
    (b) Delegation of Authority to Directors of Federal Laboratories.--
Section 203(j) of the Federal Property and Administrative Services act 
of 1949 (40 U.S.C. 484(j)) is amended by adding at the end the 
following new paragraph:
    ``(6) Under such regulations as the Administrator may prescribe, 
the Administrator may delegate to the director of any Federal 
laboratory (as defined in section 12(d)(2) of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2))) the 
authority of the Administrator under this subsection with respect to 
the transfer and disposal of scientific and technical surplus property 
under the management or control of that Federal laboratory, if the 
director of the Federal laboratory certifies that the equipment is 
needed by an educational institution or nonprofit organization for the 
conduct of scientific and technical education and research.''.
                                 <all>