HR 2495 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

May 19, 2009CommentsClose CommentsPermalink

Mr. MOORE of Kansas (for himself, Mr. DUNCAN, Mr. BOYD, and Mr. HILL) introduced the following bill; which was referred to the Committee on Oversight and Government ReformCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Federal Real Property Disposal Enhancement Act of 2009’.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘Sec. 524. Duties of the General Services Administration and executive agencies

‘(a) Duties of the General Services Administration-CommentsClose CommentsPermalink





‘(1) GUIDANCE- The Administrator shall issue guidance for the development and implementation of agency real property plans. Such guidance shall include recommendations on--CommentsClose CommentsPermalink





‘(A) how to identify excess properties;CommentsClose CommentsPermalink





‘(B) how to evaluate the costs and benefits involved with disposing of real property;CommentsClose CommentsPermalink





‘(C) how to prioritize disposal decisions based on agency missions and anticipated future need for holdings; andCommentsClose CommentsPermalink





‘(D) how best to dispose of those properties identified as excess to the needs of the agency.CommentsClose CommentsPermalink





‘(2) ANNUAL REPORT- (A) The Administrator shall submit an annual report, for each of the first 5 years after 2009, 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).CommentsClose CommentsPermalink





‘(B) The report shall contain the following information for the year covered by the report:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(v) For each surplus real property facility/installation disposed of, an indication of--CommentsClose CommentsPermalink





‘(I) its geographic location with address and description;CommentsClose CommentsPermalink





‘(II) its size, including square footage and acreage;CommentsClose CommentsPermalink





‘(III) the date and method of disposal; andCommentsClose CommentsPermalink





‘(IV) its estimated market value.CommentsClose CommentsPermalink





‘(vi) Such other information as the Administrator considers appropriate.CommentsClose CommentsPermalink





‘(C) The congressional committees listed in this subparagraph are as follows:CommentsClose CommentsPermalink





‘(i) The Committee on Oversight and Government Reform and the Committee on Transportation and Infrastructure of the House of Representatives.CommentsClose CommentsPermalink





‘(ii) The Committee on Homeland Security and Governmental Affairs and the Committee on Environment and Public Works of the Senate.CommentsClose CommentsPermalink





‘(3) ASSISTANCE- The Administrator shall assist executive agencies in the identification and disposal of excess real property.CommentsClose CommentsPermalink





‘(b) Duties of Executive Agencies-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each executive agency shall--CommentsClose CommentsPermalink





‘(A) maintain adequate inventory controls and accountability systems for property under its control;CommentsClose CommentsPermalink





‘(B) continuously survey property under its control to identify excess property;CommentsClose CommentsPermalink





‘(C) promptly report excess property to the Administrator;CommentsClose CommentsPermalink





‘(D) perform the care and handling of excess property; andCommentsClose CommentsPermalink





‘(E) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator.CommentsClose CommentsPermalink





‘(2) SPECIFIC REQUIREMENTS WITH RESPECT TO REAL PROPERTY- With respect to real property, each executive agency shall--CommentsClose CommentsPermalink





‘(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);CommentsClose CommentsPermalink





‘(B) identify and categorize all real property owned, leased, or otherwise managed by the agency;CommentsClose CommentsPermalink





‘(C) establish adequate goals and incentives that lead the agency to reduce excess real property in its inventory;CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) ADDITIONAL REQUIREMENTS- Each executive agency, as far as practicable, shall--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(B) transfer excess property under its control to other Federal agencies and to organizations specified in section 321(c)(2) of this title; andCommentsClose CommentsPermalink





‘(C) obtain excess properties from other Federal agencies to meet mission needs before acquiring non-Federal property.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘524. Duties of the General Services Administration and executive agencies.’.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subparagraph (A) the following new subparagraph:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(ii) The General Services Administration shall be reimbursed from the proceeds of the sale of such properties for such costs.CommentsClose CommentsPermalink





‘(iii) Net proceeds shall be dispersed pursuant to section 571 of this title.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(v) Nothing in this subparagraph is intended to affect subparagraph (D).’.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(iv) The direct and indirect costs associated with the reversion, custody, and disposal of reverted real property.’.CommentsClose CommentsPermalink





(b) Requirements Related to Sales of Reverted Property Under Section 550- Section 550(b)(1) of title 40, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(A)’ after ‘(1) IN GENERAL- ’; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(c) Requirements Related to Sales of Reverted Property Under Section 553- Section 553(e) of title 40, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(1)’ after ‘This Section- ’; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(d) Requirements Related to Sales of Reverted Property Under Section 554- Section 554(f) of title 40, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(1)’ after ‘This Section- ’; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 5. AGENCY RETENTION OF PROCEEDS.

The text of section 571 of title 40, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(b) Effect on Other Sections- Nothing in this section is intended to affect section 572(b), 573, or 574 of this title.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(1) transfer of excess real property to a Federal agency for agency use; orCommentsClose CommentsPermalink





‘(2) sale, lease, or other disposition of surplus real property.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) The proceeds described in this paragraph are proceeds under this chapter from--CommentsClose CommentsPermalink





‘(A) a transfer of excess personal property to a Federal agency for agency use; orCommentsClose CommentsPermalink





‘(B) a sale, lease, or other disposition of surplus personal property.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘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.CommentsClose CommentsPermalink





‘(b) Eligible Properties- A property is eligible for purposes of subsection (a) if it meets both of the following requirements:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) The property is--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(B) the property is--CommentsClose CommentsPermalink





‘(i) uninhabitable;CommentsClose CommentsPermalink





‘(ii) not a housing unit; andCommentsClose CommentsPermalink





‘(iii) selected for demolition by an agency because either--CommentsClose CommentsPermalink





‘(I) the demolition is necessary to further an identified Federal need for which funds have been authorized and appropriated; orCommentsClose CommentsPermalink





‘(II) the property poses risk to human health and safety or has become an attractive nuisance.CommentsClose CommentsPermalink





‘(c) Limitations-CommentsClose CommentsPermalink





‘(1) No property of the Department of Veterans Affairs may be considered an eligible property for purposes of subsection (a).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) The congressional committees listed in this paragraph are as follows:CommentsClose CommentsPermalink





‘(A) The Committee on Oversight and Government Reform and the Committee on Transportation and Infrastructure of the House of Representatives.CommentsClose CommentsPermalink





‘(B) The Committee on Homeland Security and Governmental Affairs and the Committee on Environment and Public Works of the Senate.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘530. Demonstration program of inapplicability of certain requirements of law.’.CommentsClose CommentsPermalink