II 

115TH CONGRESS 

1ST SESSION S. 894 

To amend title 40, United States Code, to provide requirements for the 

disposal of surplus Federal property relating to review of bidders and 

post-sale responsibilities. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2017 

Mr. DAINES introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To amend title 40, United States Code, to provide requirements for the disposal of surplus Federal property relating to review of bidders and post-sale responsibilities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. MODIFICATIONS RELATING TO METHOD OF 

4 DISPOSITION OF SURPLUS FEDERAL PROP5 ERTY AND SUBSEQUENT RESPONSIBILITIES. 

6 Section 543 of title 40, United States Code, is 

7 amended— 

8 (1) in the first sentence, by striking ‘‘An execu9 tive’’ and inserting the following: 


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1 ‘‘(a) IN GENERAL.—The Administrator of General 

2 Services or an executive’’; 

3 (2) in the second sentence— 

4 (A) by striking ‘‘it considers’’; and 

5 (B) by striking ‘‘The agency’’ and insert6 ing the following: 

7 ‘‘(b) DISPOSAL ACTIONS.— 

8 ‘‘(1) DOCUMENTATION.—The Administrator of 

9 General Services or an executive agency’’; and 

10 (3) in subsection (b) (as designated by para11 graph (2)(B)), by adding at the end the following: 

12 ‘‘(2) OBSERVATIONS OF BIDDER.—For pur13 poses of ensuring settlement of a loan used for the 

14 purchase by a member of the public of any Federal 

15 real property with a significant health or safety con16 cern sold by the General Services Administration 

17 under this chapter, the Administrator of General 

18 Services shall— 

19 ‘‘(A) during the course of the ordinary bid20 ding process, identify, to the best of the ability 

21 of the Administrator of General Services, 

22 whether any obvious and significant indication 

23 is present that the purchaser is not capable 

24 of— 

25 ‘‘(i) settling the loan obligation; or 


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1 ‘‘(ii) removing any health or safety 

2 conditions; and 

3 ‘‘(B) if such an obvious and significant in4 dication is identified— 

5 ‘‘(i) document the indication; and 

6 ‘‘(ii) disallow sale of the Federal prop7 erty to the prospective purchaser. 

8 ‘‘(3) ASBESTOS.— 

9 ‘‘(A) DEFINITION OF ASBESTOS-AFFECTED

10 PROPERTY.—In this paragraph, the term ‘as11 bestos-affected property’ means any Federal 

12 property that— 

13 ‘‘(i) is sold by the General Services 

14 Administration under this chapter after 

15 April 30, 2013; and 

16 ‘‘(ii) contains— 

17 ‘‘(I) friable asbestos; and 

18 ‘‘(II) a significant overall quan19 tity of asbestos, such that damage in20 flicted on the Federal property by a 

21 natural disaster would cause signifi22 cant damage to the public due to the 

23 quantity of asbestos. 

24 ‘‘(B) RESPONSIBILITY.—In the event that 

25 an immediate or subsequent purchaser of an asVerDate Sep 11 2014 00:43 Apr 18, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S894.IS S894

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1 bestos-affected property is a debtor (as defined 

2 in section 101 of title 11, United States Code), 

3 and transfers any portion of the asbestos-af4 fected property with significant quantities of 

5 unabated asbestos to a unit of State or local 

6 government, on request by that unit of govern7 ment, the Administrator of General Services 

8 shall coordinate with other Federal agencies to 

9 identify funding resources for the purpose of 

10 asbestos abatement if that unit of government 

11 submits the request to the Administrator of 

12 General Services not later than 20 years after 

13 the date of the initial sale of the real property 

14 by the General Services Administration.’’. 

Æ 


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