H.R. 7217House110th Congress (2007-2009)Passed House

Federal Real Property Disposal Enhancement Act of 2008

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8 earlier actions

SenateIntro Referral Latest Action

Received in the Senate.

September 30, 2008

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HouseIntro Referral

Introduced in House

September 29, 2008

HouseIntro Referral

Referred to the House Committee on Oversight and Government Reform.

Oversight and Government Reform Committee

September 29, 2008

HouseFloor

Mr. Towns asked unanimous consent to discharge from committee and consider.

September 29, 2008 • 2:49 PM

HouseCommittee

Committee on Oversight and Government discharged.

Oversight and Government Reform Committee

September 29, 2008

HouseFloor

Considered by unanimous consent. (consideration: CR H10626-10629)

September 29, 2008 • 2:49 PM

HouseFloor

Passed/agreed to in House: On passage Passed without objection.(text: CR H10626-10628)

September 29, 2008 • 2:49 PM

HouseFloor

On passage Passed without objection. (text: CR H10626-10628)

September 29, 2008 • 2:49 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 29, 2008 • 2:49 PM

SenateIntro Referral

Received in the Senate.

September 30, 2008

Floor Debate

3 members

What members said about H.R. 7217 on the floor

1 Republican2 Democrats

Rep. Henry A. WaxmanD-CA-30 · Sep 29, 2008

Madam Speaker, I stand in support of H.R. 7217, the Federal Real Property Disposal Enhancement Act. H.R. 7217 is the byproduct of bipartisan bicameral collaboration and I want to congratulate…

Madam Speaker, I stand in support of H.R. 7217, the Federal Real Property Disposal Enhancement Act. H.R. 7217 is the byproduct of bipartisan bicameral collaboration and I want to congratulate Representatives Moore and Duncan for their commitment to federal real property reform. I also want to acknowledge Senators Carper and Coburn for their dedication also. I must also recognize the hard work and efforts of Ranking Member Davis.

What we have before us is a sensible bill which will help move surplus real property out of the federal inventory. The bill allows the General Services Administration (GSA) to help pay the costs of other agencies' disposal activities. In particular, GSA will be able to help agencies pay costs with regard to properties that have yet to be declared excess. These costs include environmental cleanup, demolition, surveying, and life cycle costing.

In addition, this bill modifies existing law to make clear that when a property has been transferred to a nonprofit organization or a state or local government for a public purpose, and that public purpose is no longer being met, the property must revert to the Federal Government, which must dispose of it.

The bill also allows all agencies to retain the proceeds from the sale of federal surplus properties. These proceeds will be used for disposal activities and also may be used for maintenance and repairs.

Moreover, the bill includes a pilot program, under which agencies can, for certain properties scheduled for demolition, avoid the quarterly suitability canvas performed by Housing and Urban Development (HUD), allowing agencies to try and dispose of such properties on an accelerated timeframe.

Furthermore, this bill ensures strong data collection and reporting so the Federal Government can keep track of the real property in its inventory. Madam Speaker, passage of this bill, a work in progress for over six years, will make federal real property reform a reality. I urge passage.

Attached is an exchange of letters regarding jurisdiction.

House of Representatives, Committee on Transportation and

Infrastructure,

Washington, DC, September 29, 2008.

Hon. Henry A. Waxman,

Chairman, Committee on Oversight and Government Reform, House

of Representatives, 2157 Rayburn House Office Building,

Washington, DC

Dear Chairman Waxman: I write to you regarding H.R. 7217, 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. This bill is the

product of negotiations between the House and Senate on

provisions contained in H.R. 5787, the ``Federal Real

Property Disposal Enhancement Act of 2008'', and S. 1667, a

bill to establish a pilot program for the expedited disposal

of Federal real property.

H.R. 7217 contains provisions that fall within the

jurisdiction of the Committee on Transportation and

Infrastructure. I recognize and appreciate your desire to

bring this legislation before the House in an expeditious

manner and, accordingly, I will not seek a sequential

referral of the bill. However, I agree to waive consideration

of this bill with the mutual understanding that my decision

to forego a sequential referral of the bill does not waive,

reduce, or otherwise affect the jurisdiction of the Committee

on Transportation and Infrastructure over this legislation.

Please place a copy of this letter and your response

acknowledging the Committee on Transportation and

Infrastructure's jurisdictional interest in the Congressional

Record during consideration of the measure on the House

Floor.

I look forward to working with you as we prepare to pass

this important legislation.

Sincerely,

James L. Oberstar, M.C.,

Chairman.

House of Representatives, Committee on Oversight and

Government Reform,

Washington, DC, September 29, 2008.

Hon. James Oberstar,

Chairman, Committee on Transportation and Infrastructure,

House of Representatives, 2165 Rayburn House Office

Building, Washington, DC.

Dear Chairman Oberstar: I write to you regarding H.R. 7217,

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. This bill is the

product of negotiations between the House and Senate on

provisions contained in H.R. 5787, the ``Federal Real

Property Disposal Enhancement Act of 2008'', and S. 1677, a

bill to establish a pilot program for the expedited disposal

of Federal real property.

I agree that provisions in H.R. 7217 are of jurisdictional

interest to the Committee on Transportation and

Infrastructure. I appreciate your willingness to waive rights

to further consideration of H.R. 7217, and I acknowledge that

through this waiver, your Committee is not relinquishing its

jurisdiction over the relevant provisions of H.R. 7217.

This exchange of letters will be placed in the

Congressional Record as part of the consideration of H.R.

7217 in the House.

I thank you for working with me to pass this important

legislation.

Sincerely,

Henry A. Waxman,

Chairman.

Rep. John J. Duncan, Jr.R-TN-2 · Sep 29, 2008

Madam Speaker, for several Congresses, proposals have been introduced to address real property management issues within the Federal Government, but have failed to become law. Today, however, I am…

Madam Speaker, for several Congresses, proposals have been introduced to address real property management issues within the Federal Government, but have failed to become law. Today, however, I am pleased to be part of the bipartisan effort that we are discussing, the Federal Real Property Disposal Act, and am hopeful that this bill will be able to clean up the federal real property inventory.

I would like to thank Representative Moore, Chairman Waxman and Senators Carper and Coburn for their work on this important issue. With all the talk of spending, this bill has the opportunity to bring about great savings for the American taxpayer.

The Government Accountability Office has listed federal real property as one of its high risk issues since 2003 due to incomplete data and the numbers of excess properties and aging facilities.

In 2004, President Bush issued an Executive Order to improve the management of federal real property. Since then $7 billion worth of unneeded assets and properties have been removed from the government inventory.

The Federal Government has a goal of disposing of $9 billion in unneeded real property by the end of fiscal year 2009. Jim Nussle, the Director of the Office of Management and Budget, sent me a letter last year endorsing a bill I introduced in the House and that Senators Tom Carper and Tom Coburn introduced in the Senate.

Director Nussle wrote: ``To reach this objective, I believe we must improve and streamline the current process that Federal agencies face in disposing of real property assets.''

Some people never want the government to sell any property, and government at all levels continues to acquire more and more every year. But if we keep shrinking the tax base, schools and other agencies will have a much harder time in the future getting increases in their funding.

In June of 2007, the Office of Management and Budget reported that the Federal Government owned over 21,000 excess properties and assets with a total replacement value of nearly $18 billion. That is more than the gross domestic product of over half the countries in the world.

The bill that we are taking up today builds on a proposal that overwhelmingly passed the House earlier this year.

Under the Federal Real Property Disposal Enhancement Act, an agency would be able to retain a portion of the proceeds from a sale of a property deemed excess. This will provide agencies an incentive to get rid of unneeded properties and allow them to use the proceeds to maintain current property or prepare excess property for disposal.

The reporting requirements in H.R. 7217 will provide what I believe will be very useful and valuable information, not only on the numbers and values of Federal properties, but on the costs of maintaining properties, like utilities, repairs, and janitorial services.

Agencies spend well over $100 million dollars a year on the maintenance and upkeep of properties that are not even being used. H.R. 7217 will help agencies reduce these unnecessary costs.

Madam Speaker, in closing, I believe that H.R. 7217 gives additional resources to those agencies that might not otherwise be able to prepare and dispose of properties the ability to reap the benefits and apply them toward mission-critical properties. It also saves hard-earned taxpayer dollars that could definitely be used more appropriately.

Rep. Edolphus TownsD-NY-10 · Sep 29, 2008

Madam Speaker, I ask unanimous consent that the Committee on Oversight and Government Reform be discharged from further consideration of the bill (H.R. 7217) to amend title 40, United States Code, to…

Bill Text

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Received in SenateIssued September 30, 2008

110th CONGRESS

2d Session

H. R. 7217

IN THE SENATE OF THE UNITED STATES

September 30 (legislative day, September 17), 2008

Received

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.

Short title

This Act may be cited as the Federal Real Property Disposal Enhancement Act of 2008.

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:

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.

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).

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)

(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)

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.

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:

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.

Passed the House of Representatives September 29, 2008.

Lorraine C. Miller,

Clerk.