[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 479 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 479

  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 SENATE OF THE UNITED STATES

                             March 3, 2011

   Mr. Pryor introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 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 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.--
                    ``(A) In general.--The Administrator shall issue 
                guidance for the development and implementation of 
                agency real property plans.
                    ``(B) Contents.--Guidance issued under this 
                paragraph shall include recommendations on--
                            ``(i) how to identify excess properties;
                            ``(ii) how to evaluate the costs and 
                        benefits involved with disposing of real 
                        property;
                            ``(iii) how to prioritize disposal 
                        decisions based on agency missions and 
                        anticipated future need for holdings; and
                            ``(iv) how best to dispose of those 
                        properties identified as excess to 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 their real property assets and the additional 
                information described in subparagraph (B).
                    ``(B) Contents.--The report shall contain the 
                following information for the year covered by the 
                report:
                            ``(i) Real property.--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) Surplus real property.--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) Costs.--
                                    ``(I) Maintenance.--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) Recurring costs.--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) Lease costs.--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) Deferred maintenance costs.--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) Disposed property.--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) Disposed property.--Such other 
                        information as the Administrator considers 
                        appropriate.
                    ``(C) Congressional committees.--The congressional 
                committees listed in this subparagraph are--
                            ``(i) the Committee on Homeland Security 
                        and Governmental Affairs and the Committee on 
                        Environment and Public Works of the Senate; and
                            ``(ii) the Committee on Oversight and 
                        Government Reform and the Committee on 
                        Transportation and Infrastructure of the House 
                        of Representatives.
            ``(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 its 
                inventory; and
                    ``(D) when appropriate, use the authorities in 
                section 572(a)(2)(B) 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); and
                    ``(C) obtain excess properties from other Federal 
                agencies to meet mission needs before acquiring non-
                Federal property.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 5 of title 40, United States Code, is amended by striking the 
item relating to section 524 and inserting the following:

``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:
                    ``(B) Additional authority.--
                            ``(i) Payment of direct and indirect 
                        costs.--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) Reimbursement.--The General Services 
                        Administration shall be reimbursed from the 
                        proceeds of the sale of such properties for 
                        such costs.
                            ``(iii) Net proceeds.--Net proceeds shall 
                        be dispersed under section 571.
                            ``(iv) Limitation.--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) Rule of construction.--Nothing in 
                        this subparagraph shall be construed 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 striking ``(1) In general.--'' and inserting the 
        following:
            ``(1) In general.--
                    ``(A) Enforcement.--''; 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) Availability to state and local governments.--Before 
        sale, the Administrator shall make such property available to 
        State and local governments and certain nonprofit institutions 
        or organizations under this section and sections 553 and 
        554.''.
    (c) Requirements Related to Sales of Reverted Property Under 
Section 553.--Section 553(e) of title 40, United States Code, is 
amended--
            (1) by striking ``(e) Enforcement and Revision of 
        Instruments Transferring Property Under This Section.--'' and 
        inserting the following:
    ``(e) Enforcement and Revision of Instruments Transferring Property 
Under This Section.--
            ``(1) In general.--''; 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) Availability to state and local governments.--Before 
        sale, the Administrator shall make such property available to 
        State and local governments and certain nonprofit institutions 
        or organizations under this section and sections 550 and 
        554.''.
    (d) Requirements Related to Sales of Reverted Property Under 
Section 554.--Section 554(f) of title 40, United States Code, is 
amended--
            (1) by striking ``(f) Enforcement and Revision of 
        Instruments Transferring Property Under This Section.--'' and 
        inserting the following:
    ``(f) Enforcement and Revision of Instruments Transferring Property 
Under This Section.--
            ``(1) In general.--''; 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) Availability to state and local governments.--Before 
        sale, the Administrator shall make such property available to 
        State and local governments and certain nonprofit institutions 
        or organizations under this section and sections 550 and 
        553.''.

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.--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) Expenditures.--
                    ``(A) In general.--Funds deposited under paragraph 
                (1) shall be expended only as authorized in annual 
                appropriations Acts and only for activities as 
                described in section 524(b) and disposal activities, 
                including paying costs incurred by the General Services 
                Administration for any disposal-related activity 
                authorized by this title.
                    ``(B) Maintenance and repairs.--Funds deposited 
                under paragraph (1) 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, 
                except that such funds 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 without a prospectus submitted by the 
                General Services Administration and approved by the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives.
    ``(b) Effect on Other Sections.--Nothing in this section shall be 
construed to affect section 572(b), 573, or 574.
    ``(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, 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), 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) Net proceeds.--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:
``Sec. 530. Demonstration program of inapplicability of certain 
              requirements of law
    ``(a) Authority.--Effective for fiscal years 2012 and 2013, 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--
            ``(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; and
            ``(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.--No property of the 
        Department of Veterans Affairs may be considered an eligible 
        property for purposes of subsection (a).
            ``(2) Land.--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) In general.--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) Congressional committees.--The congressional 
        committees listed in this paragraph are--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on Environment 
                and Public Works of the Senate; and
                    ``(B) the Committee on Oversight and Government 
                Reform and the Committee on Transportation and 
                Infrastructure of the House of Representatives.
    ``(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 
or for all demolitions to be carried out under section 527.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 5 of title 40, United States Code, is amended by inserting 
after the item relating to section 529 the following:

``530. Demonstration program of inapplicability of certain requirements 
                            of law.''.
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