[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5787 Referred in Senate (RFS)]
2d Session
H. R. 5787
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2008
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
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. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) In January 2003, the Government Accountability Office
identified Federal real property as a high-risk area, citing
excess property as a long-standing problem.
(2) The magnitude of the problem with excess Federal real
property continues to put the government at risk for lost
dollars and missed opportunities.
(3) The Administration has stated its goal is to reduce the
size of the Federal real property inventory by 5 percent, or
$15 billion, by disposing of unneeded assets by 2015.
(4) The Federal inventory includes many properties that are
no longer relevant to agencies' missions and agencies are
spending billions of dollars to maintain these unneeded
properties.
(5) The costs of preparing a property for transfer or sale
continue to hamper some agencies' efforts to address their
unneeded properties and serve as a disincentive to disposal
because, in the short-term, it can be more beneficial
economically to maintain a property that is not being used than
to dispose of it.
(6) Agencies should give greater attention to right-sizing
their real property portfolios.
(b) Purpose.--The purpose of this Act is to reduce the Federal
inventory of unneeded and costly property.
SEC. 3. 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) Annual report.--The Administrator shall submit an
annual report, for each of the first 5 years after 2008, to the
Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate, based on data submitted
from all executive agencies, detailing executive agency efforts
to reduce their real property assets.
``(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;
``(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. 4. 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 may 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
sale, lease, exchange, or otherwise, including through
leaseback arrangements.
``(v) Nothing in this subparagraph is intended to
affect subparagraph (D).''.
SEC. 5. 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, or leaseback arrangements.
``(B) Prior to sale, the Administrator shall make such
property available to State and local governments and certain
non-profit institutions or organizations pursuant to this
section and sections 553 and 554 of this title.''.
(c) Requirements Related to Sales of Reverted Property Under
Section 553.--Section 553(e) of title 40, United States Code, is
amended--
(1) by inserting ``(1)'' after ``This Section.--''; and
(2) by adding at the end the following: ``If the
Administrator determines that reversion of the property is
necessary to enforce compliance with the terms of the
conveyance, the Administrator shall take control of such
property and, subject to paragraph (2), sell it at or above
appraised fair market value for cash and not by lease,
exchange, or leaseback arrangements.
``(2) Prior to sale, the Administrator shall make such property
available to State and local governments and certain non-profit
institutions or organizations pursuant to this section and sections 550
and 554 of this title.''.
(d) Requirements Related to Sales of Reverted Property Under
Section 554.--Section 554(f) of title 40, United States Code, is
amended--
(1) by inserting ``(1)'' after ``This Section.--''; and
(2) by adding at the end the following: ``If the Secretary,
in consultation with the Administrator, recommends reversion of
the property, the Administrator shall take control of such
property and, subject to paragraph (2), sell it at or above
appraised fair market value for cash and not by lease,
exchange, or leaseback arrangements.
``(2) Prior to sale, the Administrator shall make such property
available to State and local governments and certain non-profit
institutions or organizations pursuant to this section and sections 550
and 553 of this title.''.
SEC. 6. AGENCY RETENTION OF PROCEEDS.
The text of section 571 of title 40, United States Code, is amended
to read as follows:
``(a) Deposit of Proceeds.--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.
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 shall not be
expended for activities or projects subject to the requirements of
section 3307 of this title.
``(b) Effect on Other Sections.--Nothing in this section is
intended to affect section 572(b) or 574 of this title.
``(c) Disposal Agency for Reverted Property.--For the purposes of
this section, the General Services Administration, as the disposal
agency, shall be treated as the agency with custody and accountability
for properties which revert to the United States under sections 550,
553, and 554 of this title.
``(d) Proceeds.--The net proceeds referred to in subsection (a) are
proceeds under this chapter from a--
``(1) transfer of excess property to a federal agency for
agency use; or
``(2) sale, lease, or other disposition of surplus
property.''.
Passed the House of Representatives May 21, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.