S. 771 (104th): 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.

104th Congress, 1995–1996. Text as of May 09, 1995 (Introduced).

Status & Summary | PDF | Source: GPO

S 771 IS

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.

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

SECTION 1. PRIORITY TO STATES FOR THE TRANSFER OF NONLETHAL EXCESS SUPPLIES OF THE DEPARTMENT OF DEFENSE.

    Section 2547 of title 10, United States Code, is amended--

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

      (2) by redesignating subsection (d) as subsection (e); and

      (3) by inserting after subsection (c) the following new subsection (d):

    ‘(d) Nonlethal excess supplies of the Department of Defense shall be made available to a State, a local government of a State, a Territory, or a possession, upon the request of the State, local government, Territory, or possession pursuant to authority provided in another provision of law, before such supplies are made available for humanitarian relief purposes under this section. The President may make such supplies available for humanitarian purposes before such supplies are made available to a State, local government, Territory, or possession under this subsection in order to respond to an emergency for which such supplies are especially suited.’.

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

    (a) SUPPORT OF COUNTER DRUG ACTIVITIES- Section 1208(a)(1) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 372 note) is amended by inserting ‘and excluding motor vehicles’ after ‘small arms and ammunition’.

    (b) 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. TRANSFERS OF PROPERTY FOR ENVIRONMENTAL PROTECTION IN FOREIGN COUNTRIES.

    Section 608(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2357(d)) is amended--

      (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;

      (2) by striking ‘(d) The’ and inserting ‘(d)(1) Except as provided in paragraph (2), the’; and

      (3) by adding at the end the following:

    ‘(2) No property may be transferred under paragraph (1) unless the Administrator of General Services determines that there is no Federal or State use requirements for the property under any other provision of law.’.

SEC. 4. AMENDMENT TO SMALL BUSINESS ACT.

    Section 7(j)(13)(F) of the Small Business Act (15 U.S.C. 636(j)(13)(F)) is amended by adding at the end the following: ‘This subparagraph shall be carried out under the supervision of the Administrator of General Services in consultation with State agencies responsible for the distribution of surplus property.’.

SEC. 5. DEPARTMENT OF ENERGY SCIENCE EDUCATION ENHANCEMENT ACT AMENDMENT.

    Section 3166(b) of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381e(b)) is amended--

      (1) by striking paragraph (2); and

      (2) by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively.

SEC. 6. STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980 AMENDMENT.

    (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.’.

SEC. 7. REPORT ON DISPOSAL AND DONATION OF SURPLUS PERSONAL PROPERTY.

    No later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall review all statutes relating to the disposal and donation of surplus personal property and submit to the Congress a report on such statutes including--

      (1) the effectiveness of programs administered under such statutes (except for any program that grants access to personal property by local communities impacted by the closure of a military base), and the amount and type of property administered under each such program during fiscal years 1993 and 1994; and

      (2) legislative recommendations to integrate and consolidate all such programs to be administered by a single Federal authority working with State agencies while accomplishing the purposes of such programs.