[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7217 Considered and Passed House (CPH)]







110th CONGRESS
  2d Session
                                H. R. 7217

  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

                           September 29, 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

                           September 29, 2008

The Committee on Oversight and Government Reform discharged; considered 
                               and passed

_______________________________________________________________________

                                 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. DUTIES OF THE GENERAL SERVICES ADMINISTRATION AND EXECUTIVE 
              AGENCIES.

    (a) In General.--Section 524 of title 40, United States Code, is 
amended to read as follows:
``Sec. 524. Duties of the General Services Administration and executive 
              agencies
    ``(a) Duties of the General Services Administration.--
            ``(1) Guidance.--The Administrator shall issue guidance for 
        the development and implementation of agency real property 
        plans. Such guidance shall include recommendations on--
                    ``(A) how to identify excess properties;
                    ``(B) how to evaluate the costs and benefits 
                involved with disposing of real property;
                    ``(C) how to prioritize disposal decisions based on 
                agency missions and anticipated future need for 
                holdings; and
                    ``(D) how best to dispose of those properties 
                identified as excess to the needs of the agency.
            ``(2) Database.--The Administrator shall establish and 
        maintain a single, comprehensive, and descriptive database of 
        all Federal real property assets under the custody and control 
        of all executive agencies, other than real property assets 
        excluded for reasons of national security. The Administrator 
        shall collect from each executive agency such descriptive 
        information, except for classified information, as necessary in 
        order to describe the nature, use, and extent of the real 
        property holdings of the Federal government. The descriptive 
        information for each piece of real property shall include--
                    ``(A) geographic location with address and 
                description;
                    ``(B) total size including square footage and 
                acreage;
                    ``(C) mission criticality; and
                    ``(D) the level of utilization of the property, 
                including whether the real property is excess, surplus, 
                underutilized, or unutilized.
            ``(3) Usability.--(A) The database established and 
        maintained under this section shall be accessible by agencies 
        through a searchable Web site.
            ``(B) A searchable Web site means a Web site that, at a 
        minimum, allows agencies--
                    ``(i) to search and aggregate Federal real property 
                by constructed asset, facility/installation, agency, 
                location, and level of utilization; and
                    ``(ii) to download data from any such search.
            ``(C) To the extent consistent with national security, the 
        database shall be accessible by the public at no cost through 
        the Web site of the General Services Administration. The 
        Administrator may withhold from public disclosure information 
        included in the database if the Administrator determines that 
        withholding such information would be in the best interest of 
        the Government or the public. At a minimum, the Administrator 
        shall make aggregate information contained in the database 
        available to the public.
            ``(D) Nothing in this paragraph requires an agency to make 
        available to the public information that is exempt from 
        disclosure pursuant to section 552 of title 5, United States 
        Code (popularly known as the Freedom of Information Act).
            ``(4) Annual report.--(A) The Administrator shall submit an 
        annual report, for each of the first 5 years after 2008, to the 
        congressional committees listed in subparagraph (C) based on 
        data submitted from all executive agencies, detailing executive 
        agency efforts to reduce their real property assets and the 
        additional information described in subparagraph (B).
            ``(B) The report shall contain the following information 
        for the year covered by the report:
                    ``(i) The aggregated estimated market value and 
                number of real property assets under the custody and 
                control of all executive agencies, set forth 
                government-wide and by agency, and for each at the 
                constructed asset level and at the facility/
                installation level.
                    ``(ii) The aggregated estimated market value and 
                number of surplus real property assets under the 
                custody and control of all executive agencies, set 
                forth government-wide and by agency, and for each at 
                the constructed asset level and at the facility/
                installation level.
                    ``(iii)(I) The aggregated cost for maintaining all 
                surplus real property under the custody and control of 
                all executive agencies, set forth government-wide and 
                by agency, and for each at the constructed asset level 
                and at the facility/installation level.
                    ``(II) For purposes of subclause (I), costs for 
                real properties owned by the Federal government shall 
                include recurring maintenance and repair costs, 
                utilities, cleaning and janitorial costs, and roads and 
                grounds expenses.
                    ``(III) For purposes of subclause (I), costs for 
                real properties leased by the Federal government shall 
                include lease costs, including base and operating rent 
                and any other relevant costs listed in subclause (II) 
                not covered in the lease contract.
                    ``(iv) The aggregated estimated deferred 
                maintenance costs of all real property under the 
                custody and control of all executive agencies, set 
                forth government-wide and by agency, and for each at 
                the constructed asset level and at the facility/
                installation level.
                    ``(v) For each surplus real property facility/
                installation disposed of, an indication of--
                            ``(I) its geographic location with address 
                        and description;
                            ``(II) its size, including square footage 
                        and acreage;
                            ``(III) the date and method of disposal; 
                        and
                            ``(IV) its estimated market value.
                    ``(vi) Such other information as the Administrator 
                considers appropriate.
            ``(C) The congressional committees listed in this 
        subparagraph are as follows:
                    ``(i) The Committee on Oversight and Government 
                Reform and the Committee on Transportation and 
                Infrastructure of the House of Representatives.
                    ``(ii) The Committee on Homeland Security and 
                Governmental Affairs and the Committee on Environment 
                and Public Works of the Senate.
            ``(5) Assistance.--The Administrator shall assist executive 
        agencies in the identification and disposal of excess real 
        property.
    ``(b) Duties of Executive Agencies.--
            ``(1) In general.--Each executive agency shall--
                    ``(A) maintain adequate inventory controls and 
                accountability systems for property under its control;
                    ``(B) continuously survey property under its 
                control to identify excess property;
                    ``(C) promptly report excess property to the 
                Administrator;
                    ``(D) perform the care and handling of excess 
                property; and
                    ``(E) transfer or dispose of excess property as 
                promptly as possible in accordance with authority 
                delegated and regulations prescribed by the 
                Administrator.
            ``(2) Specific requirements with respect to real 
        property.--With respect to real property, each executive agency 
        shall--
                    ``(A) develop and implement a real property plan in 
                order to identify properties to declare as excess using 
                the guidance issued under subsection (a)(1);
                    ``(B) identify and categorize all real property 
                owned, leased, or otherwise managed by the agency;
                    ``(C) establish adequate goals and incentives that 
                lead the agency to reduce excess real property in its 
                inventory;
                    ``(D) when appropriate, use the authorities in 
                section 572(a)(2)(B) of this title in order to identify 
                and prepare real property to be reported as excess.
            ``(3) Additional requirements.--Each executive agency, as 
        far as practicable, shall--
                    ``(A) reassign property to another activity within 
                the agency when the property is no longer required for 
                the purposes of the appropriation used to make the 
                purchase;
                    ``(B) transfer excess property under its control to 
                other Federal agencies and to organizations specified 
                in section 321(c)(2) of this title; and
                    ``(C) obtain excess properties from other Federal 
                agencies to meet mission needs before acquiring non-
                Federal property.''.
    (b) Clerical Amendment.--The item relating to section 524 in the 
table of sections at the beginning of chapter 5 of such title is 
amended to read as follows:

``524. Duties of the General Services Administration and executive 
                            agencies.''.

SEC. 3. 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 the direct 
                and indirect costs related to identifying and preparing 
                properties to be reported excess by another agency.
                    ``(ii) The General Services Administration shall be 
                reimbursed from the proceeds of the sale of such 
                properties for such costs.
                    ``(iii) Net 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 
                use, sale, lease, exchange, or otherwise, including 
                through leaseback arrangements or service agreements.
                    ``(v) Nothing in this subparagraph is intended to 
                affect subparagraph (D).''.

SEC. 4. 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 or above 
        appraised fair market value for cash and not by lease, 
        exchange, leaseback arrangements, or service agreements.
            ``(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 or above 
        appraised fair market value for cash and not by lease, 
        exchange, leaseback arrangements, or service agreements.
    ``(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 or above 
        appraised fair market value for cash and not by lease, 
        exchange, leaseback arrangements, or service agreements.
    ``(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 550 
and 553 of this title.''.

SEC. 5. AGENCY RETENTION OF PROCEEDS.

    The text of section 571 of title 40, United States Code, is amended 
to read as follows:
    ``(a) Proceeds From Transfer or Sale of Real Property.--Net 
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 at the time the real property is 
determined to be excess. Such funds shall be expended only as 
authorized in annual appropriations Acts and only for activities as 
described in section 524(b) of this title and disposal activities, 
including paying costs incurred by the General Services Administration 
for any disposal-related activity authorized by this title. Proceeds 
may also be expended by the agency for maintenance and repairs of the 
agency's real property necessary for its disposal or for the repair or 
alteration of the agency's other real property, provided that proceeds 
shall not be authorized for expenditure in an appropriations Act for 
any repair or alteration project that is subject to the requirements of 
section 3307 of this title without a prospectus submitted by the 
General Services Administration and approved by the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate.
    ``(b) Effect on Other Sections.--Nothing in this section is 
intended to affect section 572(b), 573, or 574 of this title.
    ``(c) Disposal Agency for Reverted Property.--For the purposes of 
this section, for any real property that reverts to the United States 
under sections 550, 553, and 554 of this title, the General Services 
Administration, as the disposal agency, shall be treated as the agency 
with custody and accountability for the real property at the time the 
real property is determined to be excess.
    ``(d) Net Proceeds.--The net proceeds referred to in subsection (a) 
are proceeds under this chapter, less expenses of the transfer or 
disposition as provided in section 572(a) of this title, from a--
            ``(1) transfer of excess real property to a Federal agency 
        for agency use; or
            ``(2) sale, lease, or other disposition of surplus real 
        property.
    ``(e) Proceeds From Transfer or Sale of Personal Property.--(1) 
Except as otherwise provided in this subchapter, proceeds described in 
paragraph (2) shall be deposited in the Treasury as miscellaneous 
receipts.
    ``(2) The proceeds described in this paragraph are proceeds under 
this chapter from--
            ``(A) a transfer of excess personal property to a Federal 
        agency for agency use; or
            ``(B) a sale, lease, or other disposition of surplus 
        personal property.
    ``(3) Subject to regulations under this subtitle, the expenses of 
the sale of personal property may be paid from the proceeds of sale so 
that only the net proceeds are deposited in the Treasury. This 
paragraph applies whether proceeds are deposited as miscellaneous 
receipts or to the credit of an appropriation as authorized by law.''.

SEC. 6. DEMONSTRATION AUTHORITY.

    (a) In General.--Subchapter II of chapter 5 of title 40, United 
States Code, is amended by adding at the end the following new section:
``Sec. 530. Demonstration program of inapplicability of certain 
              requirements of law
    ``(a) Authority.--Effective for fiscal years 2009 and 2010, the 
requirements of section 501(a) of the McKinney Vento Homeless 
Assistance Act (42 U.S.C. 11411(a)) shall not apply to eligible 
properties.
    ``(b) Eligible Properties.--A property is eligible for purposes of 
subsection (a) if it meets both of the following requirements:
            ``(1) The property is selected for demolition by an agency 
        and is a Federal building or other Federal real property 
        located on land not determined to be excess, for which there is 
        an ongoing Federal need, and not to be used in any lease, 
        exchange, leaseback arrangement, or service agreement.
            ``(2) The property is--
                    ``(A) located in an area to which the general 
                public is denied access in the interest of national 
                security and where alternative access cannot be 
                provided for the public without compromising national 
                security; or
                    ``(B) the property is--
                            ``(i) uninhabitable;
                            ``(ii) not a housing unit; and
                            ``(iii) selected for demolition by an 
                        agency because either--
                                    ``(I) the demolition is necessary 
                                to further an identified Federal need 
                                for which funds have been authorized 
                                and appropriated; or
                                    ``(II) the property poses risk to 
                                human health and safety or has become 
                                an attractive nuisance.
    ``(c) Limitations.--
            ``(1) No property of the Department of Veterans Affairs may 
        be considered an eligible property for purposes of subsection 
        (a).
            ``(2) With respect to an eligible property described in 
        subsection (b), the land underlying the property remains 
        subject to all public benefit requirements and notifications 
        for disposal.
    ``(d) Notification to Congress.--(1) A list of each eligible 
property described in subsection (b) that is demolished or scheduled 
for demolition, by date of demolition or projected demolition date, 
shall be sent to the congressional committees listed in paragraph (2) 
and published on the Web site of the General Services Administration 
biannually beginning 6 months after the date of the enactment of this 
section.
    ``(2) The congressional committees listed in this paragraph are as 
follows:
            ``(A) The Committee on Oversight and Government Reform and 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives.
            ``(B) The Committee on Homeland Security and Governmental 
        Affairs and the Committee on Environment and Public Works of 
        the Senate.
    ``(e) Relationship to Other Provisions of Law.--Nothing in this 
section may be construed as interfering with the requirement for the 
submission of a prospectus to Congress as established by section 3307 
of this title or for all demolitions to be carried out pursuant to 
section 527 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 5 of title 40, United States Code, is amended by inserting 
after the item relating to section 529 the following new item:

``530. Demonstration program of inapplicability of certain requirements 
                            of law.''.
                                 <all>