II

104TH CONGRESS

1ST SESSION S. 771

To provide that certain Federal property shall be made available to States

for State use before being made available to other entities, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 9 (legislative day, MAY 1), 1995

Mr. PRYOR introduced the following bill; which was read twice and referred

to the Committee on Governmental Affairs

A BILL

To provide that certain Federal property shall be made available to States for State use before being made available

to other entities, 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. PRIORITY TO STATES FOR THE TRANSFER OF

4 NONLETHAL EXCESS SUPPLIES OF THE DE5 PARTMENT OF DEFENSE.

6 Section 2547 of title 10, United States Code, is

7 amended—

8 (1) in subsection (a), by striking out ‘‘The Sec9 retary of Defense’’ and inserting in lieu thereof
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1 ‘‘Subject to subsection (d), the Secretary of De2 fense’’;

3 (2) by redesignating subsection (d) as sub4 section (e); and

5 (3) by inserting after subsection (c) the follow6 ing new subsection (d):

7 ‘‘(d) Nonlethal excess supplies of the Department of

8 Defense shall be made available to a State, a local govern9 ment of a State, a Territory, or a possession, upon the

10 request of the State, local government, Territory, or pos11 session pursuant to authority provided in another provi12 sion of law, before such supplies are made available for

13 humanitarian relief purposes under this section. The

14 President may make such supplies available for humani15 tarian purposes before such supplies are made available

16 to a State, local government, Territory, or possession

17 under this subsection in order to respond to an emergency

18 for which such supplies are especially suited.’’.

19 SEC. 2. AUTHORITIES OF SECRETARY OF DEFENSE RE20 GARDING DISPOSAL OF EXCESS AND SUR21 PLUS PROPERTY.

22 (a) SUPPORT OF COUNTER DRUG ACTIVITIES.—Sec23 tion 1208(a)(1) of the National Defense Authorization Act

24 for Fiscal Years 1990 and 1991 (Public Law 101–189;
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1 10 U.S.C. 372 note) is amended by inserting ‘‘and exclud2 ing motor vehicles’’ after ‘‘small arms and ammunition’’.

3 (b) SUPPORT FOR REGIONAL EQUIPMENT CEN4 TERS.—

5 (1) NEWPORT TOWNSHIP CENTER.—Section

6 210 of Public Law 101–302 (104 Stat. 220) is re7 pealed.

8 (2) CAMBRIA COUNTY CENTER.—Section 9148

9 of Public Law 102–396 (106 Stat. 1941) is re10 pealed.

11 SEC. 3. TRANSFERS OF PROPERTY FOR ENVIRONMENTAL

12 PROTECTION IN FOREIGN COUNTRIES.

13 Section 608(d) of the Foreign Assistance Act of 1961

14 (22 U.S.C. 2357(d)) is amended—

15 (1) by redesignating paragraphs (1), (2), and

16 (3) as subparagraphs (A), (B), and (C), respectively;

17 (2) by striking ‘‘(d) The’’ and inserting ‘‘(d)(1)

18 Except as provided in paragraph (2), the’’; and

19 (3) by adding at the end the following:

20 ‘‘(2) No property may be transferred under para21 graph (1) unless the Administrator of General Services de22 termines that there is no Federal or State use require23 ments for the property under any other provision of law.’’.
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1 SEC. 4. AMENDMENT TO SMALL BUSINESS ACT.

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

3 U.S.C. 636(j)(13)(F)) is amended by adding at the end

4 the following: ‘‘This subparagraph shall be carried out

5 under the supervision of the Administrator of General

6 Services in consultation with State agencies responsible

7 for the distribution of surplus property.’’.

8 SEC. 5. DEPARTMENT OF ENERGY SCIENCE EDUCATION EN9 HANCEMENT ACT AMENDMENT.

10 Section 3166(b) of the Department of Energy

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

12 7381e(b)) is amended—

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

14 (2) by redesignating paragraphs (3) through

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

16 SEC. 6. STEVENSON-WYDLER TECHNOLOGY INNOVATION

17 ACT OF 1980 AMENDMENT.

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

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

20 is repealed.

21 (b) DELEGATION OF AUTHORITY TO DIRECTORS OF

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

23 Property and Administrative Services Act of 1949 (40

24 U.S.C. 484(j)) is amended by adding at the end the follow25 ing new paragraph:
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1 ‘‘(6) Under such regulations as the Administrator

2 may prescribe, the Administrator may delegate to the di3 rector of any Federal laboratory (as defined in section

4 12(d)(2) of the Stevenson-Wydler Technology Innovation

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

6 Administrator under this subsection with respect to the

7 transfer and disposal of scientific and technical surplus

8 property under the management or control of that Federal

9 laboratory, if the director of the Federal laboratory cer10 tifies that the equipment is needed by an educational insti11 tution or nonprofit organization for the conduct of sci12 entific and technical education and research.’’.

13 SEC. 7. REPORT ON DISPOSAL AND DONATION OF SURPLUS

14 PERSONAL PROPERTY.

15 No later than 180 days after the date of the enact16 ment of this Act, the Administrator of General Services

17 shall review all statutes relating to the disposal and dona18 tion of surplus personal property and submit to the Con19 gress a report on such statutes including—

20 (1) the effectiveness of programs administered

21 under such statutes (except for any program that

22 grants access to personal property by local commu23 nities impacted by the closure of a military base),

24 and the amount and type of property administered
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1 under each such program during fiscal years 1993

2 and 1994; and

3 (2) legislative recommendations to integrate

4 and consolidate all such programs to be adminis5 tered by a single Federal authority working with

6 State agencies while accomplishing the purposes of

7 such programs.

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