I 

111TH CONGRESS 

1ST SESSION H. R. 2495 

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 HOUSE OF REPRESENTATIVES 

MAY 19, 2009 

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 Reform 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Real Property 

5 Disposal Enhancement Act of 2009’’. 

6 SEC. 2. DUTIES OF THE GENERAL SERVICES ADMINISTRA7 TION AND EXECUTIVE AGENCIES. 

8 (a) IN GENERAL.—Section 524 of title 40, United 

9 States Code, is amended to read as follows: 


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1 ‘‘§ 524. Duties of the General Services Administration 

2 and executive agencies 

3 ‘‘(a) DUTIES OF THE GENERAL SERVICES ADMINIS4 TRATION.— 

5 ‘‘(1) GUIDANCE.—The Administrator shall 

6 issue guidance for the development and implementa7 tion of agency real property plans. Such guidance 

8 shall include recommendations on— 

9 ‘‘(A) how to identify excess properties; 

10 ‘‘(B) how to evaluate the costs and benefits 

11 involved with disposing of real property; 

12 ‘‘(C) how to prioritize disposal decisions 

13 based on agency missions and anticipated fu14 ture need for holdings; and 

15 ‘‘(D) how best to dispose of those prop16 erties identified as excess to the needs of the 

17 agency. 

18 ‘‘(2) ANNUAL REPORT.—(A) The Administrator 

19 shall submit an annual report, for each of the first 

20 5 years after 2009, to the congressional committees 

21 listed in subparagraph (C) based on data submitted 

22 from all executive agencies, detailing executive agen23 cy efforts to reduce their real property assets and 

24 the additional information described in subpara25 graph (B). 


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1 ‘‘(B) The report shall contain the following in2 formation for the year covered by the report: 

3 ‘‘(i) The aggregated estimated market 

4 value and number of real property assets under 

5 the custody and control of all executive agen6 cies, set forth government-wide and by agency, 

7 and for each at the constructed asset level and 

8 at the facility/installation level. 

9 ‘‘(ii) The aggregated estimated market 

10 value and number of surplus real property as11 sets under the custody and control of all execu12 tive agencies, set forth government-wide and by 

13 agency, and for each at the constructed asset 

14 level and at the facility/installation level. 

15 ‘‘(iii)(I) The aggregated cost for maintain16 ing all surplus real property under the custody 

17 and control of all executive agencies, set forth 

18 government-wide and by agency, and for each 

19 at the constructed asset level and at the facility/ 

20 installation level. 

21 ‘‘(II) For purposes of subclause (I), costs 

22 for real properties owned by the Federal Gov23 ernment shall include recurring maintenance 

24 and repair costs, utilities, cleaning and jani25 torial costs, and roads and grounds expenses. 


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1 ‘‘(III) For purposes of subclause (I), costs 

2 for real properties leased by the Federal Gov3 ernment shall include lease costs, including base 

4 and operating rent and any other relevant costs 

5 listed in subclause (II) not covered in the lease 

6 contract. 

7 ‘‘(iv) The aggregated estimated deferred 

8 maintenance costs of all real property under the 

9 custody and control of all executive agencies, 

10 set forth government-wide and by agency, and 

11 for each at the constructed asset level and at 

12 the facility/installation level. 

13 ‘‘(v) For each surplus real property facil14 ity/installation disposed of, an indication of— 

15 ‘‘(I) its geographic location with ad16 dress and description; 

17 ‘‘(II) its size, including square footage 

18 and acreage; 

19 ‘‘(III) the date and method of dis20 posal; and 

21 ‘‘(IV) its estimated market value. 

22 ‘‘(vi) Such other information as the Ad23 ministrator considers appropriate. 

24 ‘‘(C) The congressional committees listed in 

25 this subparagraph are as follows: 


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1 ‘‘(i) The Committee on Oversight and Gov2 ernment Reform and the Committee on Trans3 portation and Infrastructure of the House of 

4 Representatives. 

5 ‘‘(ii) The Committee on Homeland Secu6 rity and Governmental Affairs and the Com7 mittee on Environment and Public Works of the 

8 Senate. 

9 ‘‘(3) ASSISTANCE.—The Administrator shall as10 sist executive agencies in the identification and dis11 posal of excess real property. 

12 ‘‘(b) DUTIES OF EXECUTIVE AGENCIES.— 

13 ‘‘(1) IN GENERAL.—Each executive agency 

14 shall— 

15 ‘‘(A) maintain adequate inventory controls 

16 and accountability systems for property under 

17 its control; 

18 ‘‘(B) continuously survey property under 

19 its control to identify excess property; 

20 ‘‘(C) promptly report excess property to 

21 the Administrator; 

22 ‘‘(D) perform the care and handling of ex23 cess property; and 

24 ‘‘(E) transfer or dispose of excess property 

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1 thority delegated and regulations prescribed by 

2 the Administrator. 

3 ‘‘(2) SPECIFIC REQUIREMENTS WITH RESPECT

4 TO REAL PROPERTY.—With respect to real property, 

5 each executive agency shall— 

6 ‘‘(A) develop and implement a real prop7 erty plan in order to identify properties to de8 clare as excess using the guidance issued under 

9 subsection (a)(1); 

10 ‘‘(B) identify and categorize all real prop11 erty owned, leased, or otherwise managed by 

12 the agency; 

13 ‘‘(C) establish adequate goals and incen14 tives that lead the agency to reduce excess real 

15 property in its inventory; 

16 ‘‘(D) when appropriate, use the authorities 

17 in section 572(a)(2)(B) of this title in order to 

18 identify and prepare real property to be re19 ported as excess. 

20 ‘‘(3) ADDITIONAL REQUIREMENTS.—Each exec21 utive agency, as far as practicable, shall— 

22 ‘‘(A) reassign property to another activity 

23 within the agency when the property is no 

24 longer required for the purposes of the appro25 priation used to make the purchase; 


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1 ‘‘(B) transfer excess property under its 

2 control to other Federal agencies and to organi3 zations specified in section 321(c)(2) of this 

4 title; and 

5 ‘‘(C) obtain excess properties from other 

6 Federal agencies to meet mission needs before 

7 acquiring non-Federal property.’’. 

8 (b) CLERICAL AMENDMENT.—The item relating to 

9 section 524 in the table of sections at the beginning of 

10 chapter 5 of such title is amended to read as follows: 

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

11 SEC. 3. ENHANCED AUTHORITIES WITH REGARD TO PRE12 PARING PROPERTIES TO BE REPORTED AS 

13 EXCESS. 

14 Section 572(a)(2) of title 40, United States Code, is 

15 amended— 

16 (1) by redesignating subparagraphs (B) and 

17 (C) as subparagraphs (C) and (D), respectively; and 

18 (2) by inserting after subparagraph (A) the fol19 lowing new subparagraph: 

20 ‘‘(B) ADDITIONAL AUTHORITY.—(i) From 

21 the fund described in paragraph (1), subject to 

22 clause (iv), the Administrator may obligate an 

23 amount to pay the direct and indirect costs re24 lated to identifying and preparing properties to 

25 be reported excess by another agency. 


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1 ‘‘(ii) The General Services Administration 

2 shall be reimbursed from the proceeds of the 

3 sale of such properties for such costs. 

4 ‘‘(iii) Net proceeds shall be dispersed pur5 suant to section 571 of this title. 

6 ‘‘(iv) The authority under clause (i) to ob7 ligate funds to prepare properties to be reported 

8 excess does not include the authority to convey 

9 such properties by use, sale, lease, exchange, or 

10 otherwise, including through leaseback arrange11 ments or service agreements. 

12 ‘‘(v) Nothing in this subparagraph is in13 tended to affect subparagraph (D).’’. 

14 SEC. 4. ENHANCED AUTHORITIES WITH REGARD TO RE15 VERTED REAL PROPERTY. 

16 (a) AUTHORITY TO PAY EXPENSES RELATED TO RE17 VERTED REAL PROPERTY.—Section 572(a)(2)(A) of title 

18 40, United States Code, is amended by adding at the end 

19 the following: 

20 ‘‘(iv) The direct and indirect costs as21 sociated with the reversion, custody, and 

22 disposal of reverted real property.’’. 

23 (b) REQUIREMENTS RELATED TO SALES OF RE24 VERTED PROPERTY UNDER SECTION 550.—Section 

25 550(b)(1) of title 40, United States Code, is amended— 


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1 (1) by inserting ‘‘(A)’’ after ‘‘(1) IN GEN2 ERAL.—’’; and 

3 (2) by adding at the end the following: ‘‘If the 

4 official, in consultation with the Administrator, rec5 ommends reversion of the property, the Adminis6 trator shall take control of such property, and, sub7 ject to subparagraph (B), sell it at or above ap8 praised fair market value for cash and not by lease, 

9 exchange, leaseback arrangements, or service agree10 ments. 

11 ‘‘(B) Prior to sale, the Administrator shall 

12 make such property available to State and local gov13 ernments and certain non-profit institutions or orga14 nizations pursuant to this section and sections 553 

15 and 554 of this title.’’. 

16 (c) REQUIREMENTS RELATED TO SALES OF RE17 VERTED PROPERTY UNDER SECTION 553.—Section 

18 553(e) of title 40, United States Code, is amended— 

19 (1) by inserting ‘‘(1)’’ after ‘‘THIS SECTION.— 

20 ’’; and 

21 (2) by adding at the end the following: ‘‘If the 

22 Administrator determines that reversion of the prop23 erty is necessary to enforce compliance with the 

24 terms of the conveyance, the Administrator shall 

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1 graph (2), sell it at or above appraised fair market 

2 value for cash and not by lease, exchange, leaseback 

3 arrangements, or service agreements. 

4 ‘‘(2) Prior to sale, the Administrator shall make such 

5 property available to State and local governments and cer6 tain non-profit institutions or organizations pursuant to 

7 this section and sections 550 and 554 of this title.’’. 

8 (d) REQUIREMENTS RELATED TO SALES OF RE9 VERTED PROPERTY UNDER SECTION 554.—Section 

10 554(f) of title 40, United States Code, is amended— 

11 (1) by inserting ‘‘(1)’’ after ‘‘THIS SECTION.— 

12 ’’; and 

13 (2) by adding at the end the following: ‘‘If the 

14 Secretary, in consultation with the Administrator, 

15 recommends reversion of the property, the Adminis16 trator shall take control of such property and, sub17 ject to paragraph (2), sell it at or above appraised 

18 fair market value for cash and not by lease, ex19 change, leaseback arrangements, or service agree20 ments. 

21 ‘‘(b) Prior to sale, the Administrator shall make such 

22 property available to State and local governments and cer23 tain non-profit institutions or organizations pursuant to 

24 this section and sections 550 and 553 of this title.’’. 


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1 SEC. 5. AGENCY RETENTION OF PROCEEDS. 

2 The text of section 571 of title 40, United States 

3 Code, is amended to read as follows: 

4 ‘‘(a) PROCEEDS FROM TRANSFER OR SALE OF REAL

5 PROPERTY.—Net proceeds described in subsection (d) 

6 shall be deposited into the appropriate real property ac7 count of the agency that had custody and accountability 

8 for the real property at the time the real property is deter9 mined to be excess. Such funds shall be expended only as 

10 authorized in annual appropriations Acts and only for ac11 tivities as described in section 524(b) of this title and dis12 posal activities, including paying costs incurred by the 

13 General Services Administration for any disposal-related 

14 activity authorized by this title. Proceeds may also be ex15 pended by the agency for maintenance and repairs of the 

16 agency’s real property necessary for its disposal or for the 

17 repair or alteration of the agency’s other real property, 

18 provided that proceeds shall not be authorized for expendi19 ture in an appropriations Act for any repair or alteration 

20 project that is subject to the requirements of section 3307 

21 of this title without a prospectus submitted by the General 

22 Services Administration and approved by the Committee 

23 on Transportation and Infrastructure of the House of 

24 Representatives and the Committee on Environment and 

25 Public Works of the Senate. 


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1 ‘‘(b) EFFECT ON OTHER SECTIONS.—Nothing in this 

2 section is intended to affect section 572(b), 573, or 574 

3 of this title. 

4 ‘‘(c) DISPOSAL AGENCY FOR REVERTED PROP5 ERTY.—For the purposes of this section, for any real 

6 property that reverts to the United States under sections 

7 550, 553, and 554 of this title, the General Services Ad8 ministration, as the disposal agency, shall be treated as 

9 the agency with custody and accountability for the real 

10 property at the time the real property is determined to 

11 be excess. 

12 ‘‘(d) NET PROCEEDS.—The net proceeds referred to 

13 in subsection (a) are proceeds under this chapter, less ex14 penses of the transfer or disposition as provided in section 

15 572(a) of this title, from a— 

16 ‘‘(1) transfer of excess real property to a Fed17 eral agency for agency use; or 

18 ‘‘(2) sale, lease, or other disposition of surplus 

19 real property. 

20 ‘‘(e) PROCEEDS FROM TRANSFER OR SALE OF PER21 SONAL PROPERTY.—(1) Except as otherwise provided in 

22 this subchapter, proceeds described in paragraph (2) shall 

23 be deposited in the Treasury as miscellaneous receipts. 

24 ‘‘(2) The proceeds described in this paragraph are 

25 proceeds under this chapter from— 


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1 ‘‘(A) a transfer of excess personal property to 

2 a Federal agency for agency use; or 

3 ‘‘(B) a sale, lease, or other disposition of sur4 plus personal property. 

5 ‘‘(3) Subject to regulations under this subtitle, the 

6 expenses of the sale of personal property may be paid from 

7 the proceeds of sale so that only the net proceeds are de8 posited in the Treasury. This paragraph applies whether 

9 proceeds are deposited as miscellaneous receipts or to the 

10 credit of an appropriation as authorized by law.’’. 

11 SEC. 6. DEMONSTRATION AUTHORITY. 

12 (a) IN GENERAL.—Subchapter II of chapter 5 of title 

13 40, United States Code, is amended by adding at the end 

14 the following new section: 

15 ‘‘§ 530. Demonstration program of inapplicability of 

16 certain requirements of law 

17 ‘‘(a) AUTHORITY.—Effective for fiscal years 2009 

18 and 2010, the requirements of section 501(a) of the 

19 McKinney Vento Homeless Assistance Act (42 U.S.C. 

20 11411(a)) shall not apply to eligible properties. 

21 ‘‘(b) ELIGIBLE PROPERTIES.—A property is eligible 

22 for purposes of subsection (a) if it meets both of the fol23 lowing requirements: 

24 ‘‘(1) The property is selected for demolition by 

25 an agency and is a Federal building or other Federal 


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1 real property located on land not determined to be 

2 excess, for which there is an ongoing Federal need, 

3 and not to be used in any lease, exchange, leaseback 

4 arrangement, or service agreement. 

5 ‘‘(2) The property is— 

6 ‘‘(A) located in an area to which the gen7 eral public is denied access in the interest of 

8 national security and where alternative access 

9 cannot be provided for the public without com10 promising national security; or 

11 ‘‘(B) the property is— 

12 ‘‘(i) uninhabitable; 

13 ‘‘(ii) not a housing unit; and 

14 ‘‘(iii) selected for demolition by an 

15 agency because either— 

16 ‘‘(I) the demolition is necessary 

17 to further an identified Federal need 

18 for which funds have been authorized 

19 and appropriated; or 

20 ‘‘(II) the property poses risk to 

21 human health and safety or has be22 come an attractive nuisance. 

23 ‘‘(c) LIMITATIONS.— 


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1 ‘‘(1) No property of the Department of Vet2 erans Affairs may be considered an eligible property 

3 for purposes of subsection (a). 

4 ‘‘(2) With respect to an eligible property de5 scribed in subsection (b), the land underlying the 

6 property remains subject to all public benefit re7 quirements and notifications for disposal. 

8 ‘‘(d) NOTIFICATION TO CONGRESS.—(1) A list of 

9 each eligible property described in subsection (b) that is 

10 demolished or scheduled for demolition, by date of demoli11 tion or projected demolition date, shall be sent to the con12 gressional committees listed in paragraph (2) and pub13 lished on the Web site of the General Services Administra14 tion biannually beginning 6 months after the date of the 

15 enactment of this section. 

16 ‘‘(2) The congressional committees listed in this para17 graph are as follows: 

18 ‘‘(A) The Committee on Oversight and Govern19 ment Reform and the Committee on Transportation 

20 and Infrastructure of the House of Representatives. 

21 ‘‘(B) The Committee on Homeland Security 

22 and Governmental Affairs and the Committee on 

23 Environment and Public Works of the Senate. 

24 ‘‘(e) RELATIONSHIP TO OTHER PROVISIONS OF

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1 fering with the requirement for the submission of a pro2 spectus to Congress as established by section 3307 of this 

3 title or for all demolitions to be carried out pursuant to 

4 section 527 of this title.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of chapter 5 of title 40, United States 

7 Code, is amended by inserting after the item relating to 

8 section 529 the following new item: 

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

Æ 


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