[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1205 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1205

  To amend title 40, United States Code, to enhance authorities with 
    regard to the disposal of real property, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2011

  Mr. Quigley (for himself and Mr. Cummings) 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 the disposal of real property, 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 2011''.

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.--Not later than 6 months after the date of 
        the enactment of this section, and when necessary thereafter, 
        the Administrator of General Services shall issue guidance for 
        the development and implementation of executive 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 meet the needs of the agency.
            ``(2) Annual report.--
                    ``(A) In general.--The Administrator shall submit 
                an annual report, for each of the first 5 years after 
                2011, to the congressional committees listed in 
                subparagraph (C) based on data submitted from all 
                executive agencies, detailing executive agency efforts 
                to reduce real property assets and the information 
                required by subparagraph (B).
                    ``(B) Report contents.--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 and excess 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 and excess 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 and excess real 
                        property facility/installation disposed of, an 
                        indication of--
                                    ``(I) the geographic location with 
                                address and description of such 
                                property;
                                    ``(II) the size, including square 
                                footage and acreage, of such property;
                                    ``(III) the date and method of 
                                disposal;
                                    ``(IV) the estimated replacement 
                                value of such property; and
                                    ``(V) the proceeds obtained from 
                                the disposition of such property.
                            ``(vi) The amount of time required to fully 
                        dispose of surplus and excess 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.
                            ``(vii) The cost to dispose of surplus and 
                        excess 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.
                            ``(viii) Such other information as the 
                        Administrator considers appropriate.
                    ``(C) Congressional committees.--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.
            ``(3) 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 such 
                agency's inventory;
                    ``(D) demonstrate, before declaring any real 
                property as excess, that there will be no loss of 
                public recreational opportunities or other public 
                benefits as a result of declaring the real property as 
                excess; and
                    ``(E) 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) of 
                this subparagraph, 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.
            ``(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. 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.--
            ``(1) Deposit of net proceeds.--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.
            ``(2) Expenditure of net proceeds.--The net proceeds 
        deposited pursuant to paragraph (1) may only be expended--
                    ``(A) as authorized in annual appropriations Acts, 
                for activities 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; and
                    ``(B) as authorized in annual appropriations Acts, 
                by the agency for maintenance and repairs of such 
                agency's real property necessary for such real 
                property's disposal or for the repair or alteration of 
                the agency's other real property, except that proceeds 
                may 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.
            ``(3) Deficit reduction.--Any net proceeds described in 
        subsection (d) from the sale, lease, or other disposition of 
        surplus real property that are not expended under paragraph (2) 
        shall be used for deficit reduction.
    ``(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 described in this subsection 
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) In general.--Except as otherwise provided in this 
        subchapter, proceeds described in paragraph (2) shall be 
        deposited in the Treasury as miscellaneous receipts.
            ``(2) Proceeds.--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) Payment of expenses of sale before deposit.--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 2011 and 2012, 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) Department of veterans affairs.--A property of the 
        Department of Veterans Affairs may not be considered an 
        eligible property for purposes of subsection (a).
            ``(2) Requirements and notifications.--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) List of eligible properties.--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 website of the 
        General Services Administration biannually beginning 6 months 
        after the date of the enactment of this section.
            ``(2) Congressional committees.--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.''.

SEC. 7. FEDERAL REAL PROPERTY DATABASE.

    (a) In General.--Subchapter II of chapter 5 of title 40, United 
States Code, as amended by section 6, is further amended by adding at 
the end the following new section:
``Sec. 531. Federal real property database
    ``(a) Database Required.--Not later than one year after the date of 
the enactment of this section, the Administrator of the General 
Services Administration shall establish and maintain a single, 
comprehensive, and descriptive database of all Federal real property 
under the custody and control of all executive agencies, other than 
Federal real property excluded for reasons of national security, in 
accordance with subsection (b).
    ``(b) Required Information for Database.--The Administrator shall 
collect from the head of each executive agency descriptive information, 
except for classified information, of the nature, use, and extent of 
the Federal real property of each such agency, including the following:
            ``(1) The geographic location of each Federal real property 
        of each such agency, including the address and description for 
        each such property.
            ``(2) The total size of each Federal real property of each 
        such agency, including square footage and acreage of each such 
        property.
            ``(3) The relevance of each Federal real property to the 
        agency's mission.
            ``(4) The level of use of each Federal real property for 
        each such agency, including whether such property is excess, 
        surplus, underutilized, or unutilized.
            ``(5) The number of days each Federal real property is 
        designated as excess, surplus, underutilized, or unutilized.
            ``(6) The annual operating costs of each Federal real 
        property.
            ``(7) The replacement value of each Federal real property.
    ``(c) Access to Database.--
            ``(1) Federal agencies.--The Administrator shall, in 
        consultation with the Director of the Office of Management and 
        Budget, make the database established and maintained under this 
        section available to other Federal agencies.
            ``(2) Public access.--To the extent consistent with 
        national security, the database shall be accessible by the 
        public at no cost through the website of the General Services 
        Administration.
    ``(d) Applicability.--Nothing in this section may be construed to 
require an agency to make available to the public information that is 
exempt from disclosure pursuant to section 552(b) of title 5, United 
States Code.''.
    (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 530 the following new item:

``531. Federal real property database.''.

SEC. 8. SUSTAINABLE DISPOSAL OF PROPERTY.

    (a) In General.--Subchapter III of chapter 5 of title 40, United 
States Code, is amended by adding at the end the following new section:
``Sec. 560. Sustainable disposal of property
    ``The head of each Federal agency shall divert at least 50 percent 
of construction and demolition materials and debris by the end of 
fiscal year 2015.''.
    (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 559 the following new item:

``560. Sustainable disposal of property.''.
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