Federal Surplus Property Reform Act of 1997

Summary: Federal Surplus Property Reform Act of 1997 - Amends Federal law to repeal the authority of the Defense Reutilization and Marketing Service to receive requests for the transfer to foreign countries or international organizations in foreign assistance or military sales programs of excess supplies of Department of Defense (DOD) construction and fire equipment.   Authorizes the Administrator of General Services, instead, to receive such requests. 
Limits to nonlethal the type of excess supplies that may be transferred.  Allows such transfer for humanitarian relief purposes. Requires the President to certify to the Congress the emergency necessity for any such transaction. 
Amends specified Federal law to repeal the general delegation to the Secretary of Defense of disposal authority over personal property. 
Repeals the mandate for DOD participation in infrastructure improvement demonstration programs conducted by Regional Equipment Centers in Newport Township and Cambria County, Pennsylvania. 
(Sec. 3) Repeals general authority to transfer surplus property to disadvantaged small businesses. 
(Sec. 4) Repeals the authority of the Secretary of Energy to transfer surplus equipment to an educational institution with which it has a partnership agreement. 
(Sec. 5) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to repeal the authority of a Federal agency head or the director of a Federal laboratory to give excess research equipment to an educational institution or nonprofit organization.  Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of General Services to delegate such transfer authority to the director of a Federal laboratory.

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.''.