[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5787 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5787

  To amend title 40, United States Code, to enhance authorities with 
  regard to real property that has yet to be reported excess, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 2008

    Mr. Moore of Kansas (for himself and Mr. Duncan) introduced the 
 following bill; which was referred to the Committee on Oversight and 
                           Government Reform

_______________________________________________________________________

                                 A BILL


 
  To amend title 40, United States Code, to enhance authorities with 
  regard to real property that has yet to be reported excess, 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 Real Property Disposal 
Enhancement Act of 2008''.

SEC. 2. ENHANCED AUTHORITIES WITH REGARD TO PREPARING PROPERTIES TO BE 
              REPORTED AS EXCESS.

    Section 572(a)(2) of title 40, United States Code, is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (2) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) Additional authority.--(i) From the fund 
                described in paragraph (1), subject to clause (iv), the 
                Administrator may obligate an amount to pay, on a 
                reimbursable basis, the direct and indirect costs 
                related to identifying and preparing properties to be 
                reported excess by another agency.
                    ``(ii) The General Services Administration may be 
                reimbursed from the proceeds of the sale of such 
                properties for such costs.
                    ``(iii) After reimbursement of such costs, the 
                balance of the proceeds shall be dispersed pursuant to 
                section 571 of this title.
                    ``(iv) The authority under clause (i) to obligate 
                funds to prepare properties to be reported excess does 
                not include the authority to convey such properties by 
                sale, lease, exchange, or otherwise, including through 
                leaseback arrangements.
                    ``(v) Nothing in this subparagraph is intended to 
                affect subparagraph (D).''.

SEC. 3. ENHANCED AUTHORITIES WITH REGARD TO REVERTED REAL PROPERTY.

    (a) Authority To Pay Expenses Related to Reverted Real Property.--
Section 572(a)(2)(A) of title 40, United States Code, is amended by 
adding at the end the following:
                            ``(iv) The direct and indirect costs 
                        associated with the reversion, custody, and 
                        disposal of reverted real property.''.
    (b) Requirements Related to Sales of Reverted Property Under 
Section 550.--Section 550(b)(1) of title 40, United States Code, is 
amended--
            (1) by inserting ``(A)'' after ``(1) In general.--''; and
            (2) by adding at the end the following: ``If the official, 
        in consultation with the Administrator, recommends reversion of 
        the property, the Administrator shall take control of such 
        property, and, subject to subparagraph (B), sell it at fair 
        market value for cash and not by lease, exchange, or leaseback 
        arrangements.
            ``(B) Prior to sale, the Administrator shall make such 
        property available to State and local governments and certain 
        non-profit institutions or organizations pursuant to this 
        section and sections 553 and 554 of this title.''.
    (c) Requirements Related to Sales of Reverted Property Under 
Section 553.--Section 553(e) of title 40, United States Code, is 
amended--
            (1) by inserting ``(1)'' after ``This Section.--''; and
            (2) by adding at the end the following: ``If the 
        Administrator determines that reversion of the property is 
        necessary to enforce compliance with the terms of the 
        conveyance, the Administrator shall take control of such 
        property and, subject to paragraph (2), sell it at fair market 
        value for cash and not by lease, exchange, or leaseback 
        arrangements.
    ``(2) Prior to sale, the Administrator shall make such property 
available to State and local governments and certain non-profit 
institutions or organizations pursuant to this section and sections 550 
and 554 of this title.''.
    (d) Requirements Related to Sales of Reverted Property Under 
Section 554.--Section 554(f) of title 40, United States Code, is 
amended--
            (1) by inserting ``(1)'' after ``This Section.--''; and
            (2) by adding at the end the following: ``If the Secretary, 
        in consultation with the Administrator, recommends reversion of 
        the property, the Administrator shall take control of such 
        property and, subject to paragraph (2), sell it at fair market 
        value for cash and not by lease, exchange, or leaseback 
        arrangements.
    ``(2) Prior to sale, the Administrator shall make such property 
available to State and local governments and certain non-profit 
institutions or organizations pursuant to this section and sections 550 
and 553 of this title.''.

SEC. 4. AGENCY RETENTION OF PROCEEDS.

    The text of section 571 of title 40, United States Code, is amended 
to read as follows:
    ``(a) Deposit of Proceeds.--Proceeds described in subsection (d) 
shall be deposited into the appropriate real property account of the 
agency that had custody and accountability for the real property. Such 
funds shall be expended only as authorized in annual appropriations 
Acts and only for activities related to Federal real property asset 
management and disposal activities, including paying costs incurred by 
the General Services Administration for any disposal-related activity 
authorized by this title.
    ``(b) Effect on Other Sections.--Nothing in this section is 
intended to affect section 572(b) or 574 of this title.
    ``(c) Disposal Agency for Reverted Property.--For the purposes of 
this section, the General Services Administration, as the disposal 
agency, shall be treated as the agency with custody and accountability 
for properties which revert to the United States under sections 550, 
553, and 554 of this title.
    ``(d) Proceeds.--The proceeds referred to in subsection (a) are 
proceeds under this chapter from a--
            ``(1) transfer of excess property to a federal agency for 
        agency use; or
            ``(2) sale, lease, or other disposition of surplus 
        property.''.
                                 <all>