I

104TH CONGRESS

1ST SESSION H. R. 1882

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 16, 1995

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, Science, International Relations,

and Small Business, 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Surplus Prop5 erty Reform Act of 1995’’.
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1 SEC. 2. SPECIAL AUTHORITIES OF SECRETARY OF DE2 FENSE REGARDING DISPOSAL OF EXCESS

3 AND SURPLUS PROPERTY.

4 (a) SUPPORT OF COUNTER-DRUG ACTIVITIES.—Sec5 tion 1208 of the National Defense Authorization Act for

6 Fiscal Years 1990 and 1991 (Public Law 101–189; 10

7 U.S.C. 372 note) is repealed.

8 (b) SUPPORT FOR REGIONAL EQUIPMENT CEN9 TERS.—

10 (1) NEWPORT TOWNSHIP CENTER.—Section

11 210 of Public Law 101–302 (104 Stat. 220) is re12 pealed.

13 (2) CAMBRIA COUNTY CENTER.—Section 9148

14 of Public Law 102–396 (106 Stat. 1941) is re15 pealed.

16 (c) EXPANSION OF LIMITATION ON USE OF EXCESS

17 NONLETHAL SUPPLIES FOR INTERNATIONAL ASSISTANCE

18 PROGRAMS.—

19 (1) EXPANSION OF LIMITATION.—Section 2552

20 of title 10, United States Code, is amended to read

21 as follows:
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1 ‘‘§ 2552. Limitation on use of nonlethal excess sup2 plies from Department of Defense stocks

3 in foreign assistance, humanitarian as4 sistance, and military sales programs

5 ‘‘(a) LIMITATION.—Nonlethal excess supplies from

6 the stocks of the Department of Defense may be trans7 ferred to a foreign country or international organization

8 pursuant to part II of the Foreign Assistance Act of 1961

9 (22 U.S.C. 2301 et seq.) or section 21 of the Arms Export

10 Control Act (22 U.S.C. 2761) or used for humanitarian

11 relief purposes under section 2547 of this title only if—

12 ‘‘(1) no department or agency of the Federal

13 Government (other than the Department of De14 fense), no State, and no other person or entity eligi15 ble to receive excess or surplus property under the

16 Federal Property and Administrative Services Act of

17 1949 (40 U.S.C. 472 et seq.) submits to the Admin18 istrator of General Services a request for the

19 nonlethal excess supplies; or

20 ‘‘(2) the President certifies to Congress that the

21 transfer is necessary in order to respond to an emer22 gency for which the nonlethal excess supplies are es23 pecially suited.

24 ‘‘(b) DEFINITION.—In this section, the term

25 ‘nonlethal excess supplies’ means property, other than real

26 property, of the Department of Defense—
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1 ‘‘(1) that is excess property, as defined in regu2 lations of the Department of Defense; and

3 ‘‘(2) that is not a weapon, ammunition, or other

4 equipment or material that is designed to inflict seri5 ous bodily harm or death.’’.

6 (2) CONFORMING AMENDMENT.—Section

7 2547(a) of such title is amended by striking ‘‘The

8 Secretary of Defense’’ and inserting ‘‘Subject to sec9 tion 2552 of this title, the Secretary of Defense’’.

10 (3) CLERICAL AMENDMENT.—The table of con11 tents at the beginning of chapter 152 of such title

12 is amended by striking the item relating to section

13 2552 and inserting the following new item:

‘‘2552. Limitation on use of nonlethal excess supplies from Department of Defense stocks in foreign assistance, humanitarian assistance, and

military sales programs.’’.

14 (d) ELIMINATION OF GENERAL DELEGATION TO

15 SECRETARY OF DEFENSE OF DISPOSAL AUTHORITY

16 OVER PERSONAL PROPERTY.—

17 (1) NATIONAL DEFENSE AUTHORIZATION ACT

18 FOR FISCAL YEAR 1995.—Effective as of October 5,

19 1994, section 2813 of the National Defense Author20 ization Act for Fiscal Year 1995 (Public Law 103–

21 337; 108 Stat. 3054) is amended by striking sub22 section (c).

23 (2) BASE CLOSURES UNDER 1988 ACT.—Section

24 204(b)(1) of the Defense Authorization Amendments
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1 and Base Closure and Realignment Act (Public Law

2 100–526; 10 U.S.C. 2687 note) is amended—

3 (A) in subparagraph (A), by inserting ‘‘,

4 other than personal property,’’ after ‘‘excess

5 property’’;

6 (B) in subparagraph (B), by inserting ‘‘,

7 other than personal property,’’ after ‘‘surplus

8 property’’; and

9 (C) in subparagraph (C), by inserting be10 fore the period at the end the following: ‘‘,

11 other than such authority with respect to per12 sonal property’’.

13 (3) BASE CLOSURES UNDER 1990 ACT.—Section

14 2905(b)(1) of the Defense Base Closure and Re15 alignment Act of 1990 (Public Law 101–510; 10

16 U.S.C. 2687 note) is amended—

17 (A) in subparagraph (A), by inserting ‘‘,

18 other than personal property,’’ after ‘‘excess

19 property’’;

20 (B) in subparagraph (B), by inserting ‘‘,

21 other than personal property,’’ after ‘‘surplus

22 property’’; and

23 (C) in subparagraph (C), by inserting be24 fore the period at the end the following: ‘‘,
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1 other than such authority with respect to per2 sonal property’’.

3 SEC. 3. DEPARTMENT OF ENERGY SCIENCE EDUCATION EN4 HANCEMENT ACT AMENDMENT.

5 Section 3166(b) of the Department of Energy

6 Science Education Enhancement Act (42 U.S.C.

7 7381c(b)) is amended—

8 (1) by striking paragraph (2); and

9 (2) by redesignating paragraphs (3) through

10 (6) as paragraphs (2) through (5), respectively.

11 SEC. 4. REPEAL OF AUTHORITY TO TRANSFER SURPLUS

12 PROPERTY TO DISADVANTAGED SMALL BUSI13 NESS CONCERNS ON PRIORITY BASIS.

14 Section 7(j)(13)(F) of the Small Business Act (15

15 U.S.C. 636(j)(13)(F)) is amended—

16 (1) in the first sentence by striking ‘‘or surplus

17 property’’;

18 (2) in the second sentence by striking ‘‘or prop19 erty’’;

20 (3) by striking the third sentence; and

21 (4) in the fourth sentence by striking ‘‘or prop22 erty’’.
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1 SEC. 5. STEVENSON-WYDLER TECHNOLOGY INNOVATION

2 ACT OF 1980 AMENDMENT.

3 (a) REPEAL.—Section 11(i) of the Stevenson-Wydler

4 Technology Innovation Act of 1980 (15 U.S.C. 3710(i))

5 is repealed.

6 (b) DELEGATION OF AUTHORITY TO DIRECTORS OF

7 FEDERAL LABORATORIES.—Section 203(j) of the Federal

8 Property and Administrative Services act of 1949 (40

9 U.S.C. 484(j)) is amended by adding at the end the follow10 ing new paragraph:

11 ‘‘(6) Under such regulations as the Administrator

12 may prescribe, the Administrator may delegate to the di13 rector of any Federal laboratory (as defined in section

14 12(d)(2) of the Stevenson-Wydler Technology Innovation

15 Act of 1980 (15 U.S.C. 3710a(d)(2))) the authority of the

16 Administrator under this subsection with respect to the

17 transfer and disposal of scientific and technical surplus

18 property under the management or control of that Federal

19 laboratory, if the director of the Federal laboratory cer20 tifies that the equipment is needed by an educational insti21 tution or nonprofit organization for the conduct of sci22 entific and technical education and research.’’.

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