I 

112TH CONGRESS 

1ST SESSION H. R. 1205 

To amend title 40, United States Code, to enhance authorities with regard 

to the disposal of real property, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2011 

Mr. QUIGLEY (for himself and Mr. CUMMINGS) 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 the disposal of real property, 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 2011’’. 

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.—Not later than 6 months 

6 after the date of the enactment of this section, and 

7 when necessary thereafter, the Administrator of 

8 General Services shall issue guidance for the devel9 opment and implementation of executive agency real 

10 property plans. Such guidance shall include rec11 ommendations on— 

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

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

14 involved with disposing of real property; 

15 ‘‘(C) how to prioritize disposal decisions 

16 based on agency missions and anticipated fu17 ture need for holdings; and 

18 ‘‘(D) how best to dispose of those prop19 erties identified as excess to meet the needs of 

20 the agency. 

21 ‘‘(2) ANNUAL REPORT.— 

22 ‘‘(A) IN GENERAL.—The Administrator 

23 shall submit an annual report, for each of the 

24 first 5 years after 2011, to the congressional 

25 committees listed in subparagraph (C) based on 

26 data submitted from all executive agencies, deVerDate Mar 15 2010 00:19 Mar 24, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1205.IH H1205

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1 tailing executive agency efforts to reduce real 

2 property assets and the information required by 

3 subparagraph (B). 

4 ‘‘(B) REPORT CONTENTS.—The report 

5 shall contain the following information for the 

6 year covered by the report: 

7 ‘‘(i) The aggregated estimated market 

8 value and number of real property assets 

9 under the custody and control of all execu10 tive agencies, set forth government-wide 

11 and by agency, and for each at the con12 structed asset level and at the facility/in13 stallation level. 

14 ‘‘(ii) The aggregated estimated mar15 ket value and number of surplus and ex16 cess real property assets under the custody 

17 and control of all executive agencies, set 

18 forth government-wide and by agency, and 

19 for each at the constructed asset level and 

20 at the facility/installation level. 

21 ‘‘(iii)(I) The aggregated cost for 

22 maintaining all surplus and excess real 

23 property under the custody and control of 

24 all executive agencies, set forth govern25 ment-wide and by agency, and for each at 


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1 the constructed asset level and at the facil2 ity/installation level. 

3 ‘‘(II) For purposes of subclause (I), 

4 costs for real properties owned by the Fed5 eral Government shall include recurring 

6 maintenance and repair costs, utilities, 

7 cleaning and janitorial costs, and roads 

8 and grounds expenses. 

9 ‘‘(III) For purposes of subclause (I), 

10 costs for real properties leased by the Fed11 eral Government shall include lease costs, 

12 including base and operating rent and any 

13 other relevant costs listed in subclause (II) 

14 not covered in the lease contract. 

15 ‘‘(iv) The aggregated estimated de16 ferred maintenance costs of all real prop17 erty under the custody and control of all 

18 executive agencies, set forth government19 wide and by agency, and for each at the 

20 constructed asset level and at the facility/ 

21 installation level. 

22 ‘‘(v) For each surplus and excess real 

23 property facility/installation disposed of, an 

24 indication of— 


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1 ‘‘(I) the geographic location with 

2 address and description of such prop3 erty; 

4 ‘‘(II) the size, including square 

5 footage and acreage, of such property; 

6 ‘‘(III) the date and method of 

7 disposal; 

8 ‘‘(IV) the estimated replacement 

9 value of such property; and 

10 ‘‘(V) the proceeds obtained from 

11 the disposition of such property. 

12 ‘‘(vi) The amount of time required to 

13 fully dispose of surplus and excess real 

14 property under the custody and control of 

15 all executive agencies, set forth govern16 ment-wide and by agency, and for each at 

17 the constructed asset level and at the facil18 ity/installation level. 

19 ‘‘(vii) The cost to dispose of surplus 

20 and excess real property under the custody 

21 and control of all executive agencies, set 

22 forth government-wide and by agency, and 

23 for each at the constructed asset level and 

24 at the facility/installation level. 


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1 ‘‘(viii) Such other information as the 

2 Administrator considers appropriate. 

3 ‘‘(C) CONGRESSIONAL COMMITTEES.—The 

4 congressional committees listed in this subpara5 graph are as follows: 

6 ‘‘(i) The Committee on Oversight and 

7 Government Reform and the Committee on 

8 Transportation and Infrastructure of the 

9 House of Representatives. 

10 ‘‘(ii) The Committee on Homeland Se11 curity and Governmental Affairs and the 

12 Committee on Environment and Public 

13 Works of the Senate. 

14 ‘‘(3) ASSISTANCE.—The Administrator shall as15 sist executive agencies in the identification and dis16 posal of excess real property. 

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

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

19 shall— 

20 ‘‘(A) maintain adequate inventory controls 

21 and accountability systems for property under 

22 its control; 

23 ‘‘(B) continuously survey property under 

24 its control to identify excess property; 


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1 ‘‘(C) promptly report excess property to 

2 the Administrator; 

3 ‘‘(D) perform the care and handling of ex4 cess property; and 

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

6 as promptly as possible in accordance with au7 thority delegated and regulations prescribed by 

8 the Administrator. 

9 ‘‘(2) SPECIFIC REQUIREMENTS WITH RESPECT

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

11 each executive agency shall— 

12 ‘‘(A) develop and implement a real prop13 erty plan in order to identify properties to de14 clare as excess using the guidance issued under 

15 subsection (a)(1); 

16 ‘‘(B) identify and categorize all real prop17 erty owned, leased, or otherwise managed by 

18 the agency; 

19 ‘‘(C) establish adequate goals and incen20 tives that lead the agency to reduce excess real 

21 property in such agency’s inventory; 

22 ‘‘(D) demonstrate, before declaring any 

23 real property as excess, that there will be no 

24 loss of public recreational opportunities or other 


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1 public benefits as a result of declaring the real 

2 property as excess; and 

3 ‘‘(E) when appropriate, use the authorities 

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

5 identify and prepare real property to be re6 ported as excess. 

7 ‘‘(3) ADDITIONAL REQUIREMENTS.—Each exec8 utive agency, as far as practicable, shall— 

9 ‘‘(A) reassign property to another activity 

10 within the agency when the property is no 

11 longer required for the purposes of the appro12 priation used to make the purchase; 

13 ‘‘(B) transfer excess property under its 

14 control to other Federal agencies and to organi15 zations specified in section 321(c)(2) of this 

16 title; and 

17 ‘‘(C) obtain excess properties from other 

18 Federal agencies to meet mission needs before 

19 acquiring non-Federal property.’’. 

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

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

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

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


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1 SEC. 3. ENHANCED AUTHORITIES WITH REGARD TO PRE2 PARING PROPERTIES TO BE REPORTED AS 

3 EXCESS. 

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

5 amended— 

6 (1) by redesignating subparagraphs (B) and 

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

8 (2) by inserting after subparagraph (A) the fol9 lowing new subparagraph: 

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

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

12 clause (iv) of this subparagraph, the Adminis13 trator may obligate an amount to pay the direct 

14 and indirect costs related to identifying and 

15 preparing properties to be reported excess by 

16 another agency. 

17 ‘‘(ii) The General Services Administration 

18 shall be reimbursed from the proceeds of the 

19 sale of such properties for such costs. 

20 ‘‘(iii) Net proceeds shall be dispersed pur21 suant to section 571 of this title. 

22 ‘‘(iv) The authority under clause (i) to ob23 ligate funds to prepare properties to be reported 

24 excess does not include the authority to convey 

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


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1 otherwise, including through leaseback arrange2 ments or service agreements. 

3 ‘‘(v) Nothing in this subparagraph is in4 tended to affect subparagraph (D).’’. 

5 SEC. 4. ENHANCED AUTHORITIES WITH REGARD TO RE6 VERTED REAL PROPERTY. 

7 (a) AUTHORITY TO PAY EXPENSES RELATED TO RE8 VERTED REAL PROPERTY.—Section 572(a)(2)(A) of title 

9 40, United States Code, is amended by adding at the end 

10 the following: 

11 ‘‘(iv) The direct and indirect costs as12 sociated with the reversion, custody, and 

13 disposal of reverted real property.’’. 

14 (b) REQUIREMENTS RELATED TO SALES OF RE15 VERTED PROPERTY UNDER SECTION 550.—Section 

16 550(b)(1) of title 40, United States Code, is amended— 

17 (1) by inserting ‘‘(A)’’ after ‘‘(1) IN GEN18 ERAL.—’’; and 

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

20 official, in consultation with the Administrator, rec21 ommends reversion of the property, the Adminis22 trator shall take control of such property, and, sub23 ject to subparagraph (B), sell it at or above ap24 praised fair market value for cash and not by lease, 


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1 exchange, leaseback arrangements, or service agree2 ments. 

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

4 make such property available to State and local gov5 ernments and certain non-profit institutions or orga6 nizations pursuant to this section and sections 553 

7 and 554 of this title.’’. 

8 (c) REQUIREMENTS RELATED TO SALES OF RE9 VERTED PROPERTY UNDER SECTION 553.—Section 

10 553(e) 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 Administrator determines that reversion of the prop15 erty is necessary to enforce compliance with the 

16 terms of the conveyance, the Administrator shall 

17 take control of such property and, subject to para18 graph (2), sell it at or above appraised fair market 

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

20 arrangements, or service agreements. 

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

22 such property available to State and local govern23 ments and certain non-profit institutions or organi24 zations pursuant to this section and sections 550 

25 and 554 of this title.’’. 


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1 (d) REQUIREMENTS RELATED TO SALES OF RE2 VERTED PROPERTY UNDER SECTION 554.—Section 

3 554(f) of title 40, United States Code, is amended— 

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

5 ’’; and 

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

7 Secretary, in consultation with the Administrator, 

8 recommends reversion of the property, the Adminis9 trator shall take control of such property and, sub10 ject to paragraph (2), sell it at or above appraised 

11 fair market value for cash and not by lease, ex12 change, leaseback arrangements, or service agree13 ments. 

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

15 such property available to State and local govern16 ments and certain non-profit institutions or organi17 zations pursuant to this section and sections 550 

18 and 553 of this title.’’. 

19 SEC. 5. AGENCY RETENTION OF PROCEEDS. 

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

21 Code, is amended to read as follows: 

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

23 PROPERTY.— 

24 ‘‘(1) DEPOSIT OF NET PROCEEDS.—Net pro25 ceeds described in subsection (d) shall be deposited 


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1 into the appropriate real property account of the 

2 agency that had custody and accountability for the 

3 real property at the time the real property is deter4 mined to be excess. 

5 ‘‘(2) EXPENDITURE OF NET PROCEEDS.—The 

6 net proceeds deposited pursuant to paragraph (1) 

7 may only be expended— 

8 ‘‘(A) as authorized in annual appropria9 tions Acts, for activities described in section 

10 524(b) of this title and disposal activities, in11 cluding paying costs incurred by the General 

12 Services Administration for any disposal-related 

13 activity authorized by this title; and 

14 ‘‘(B) as authorized in annual appropria15 tions Acts, by the agency for maintenance and 

16 repairs of such agency’s real property necessary 

17 for such real property’s disposal or for the re18 pair or alteration of the agency’s other real 

19 property, except that proceeds may not be au20 thorized for expenditure in an appropriations 

21 Act for any repair or alteration project that is 

22 subject to the requirements of section 3307 of 

23 this title without a prospectus submitted by the 

24 General Services Administration and approved 

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1 structure of the House of Representatives and 

2 the Committee on Environment and Public 

3 Works of the Senate. 

4 ‘‘(3) DEFICIT REDUCTION.—Any net proceeds 

5 described in subsection (d) from the sale, lease, or 

6 other disposition of surplus real property that are 

7 not expended under paragraph (2) shall be used for 

8 deficit reduction. 

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

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

11 of this title. 

12 ‘‘(c) DISPOSAL AGENCY FOR REVERTED PROP13 ERTY.—For the purposes of this section, for any real 

14 property that reverts to the United States under sections 

15 550, 553, and 554 of this title, the General Services Ad16 ministration, as the disposal agency, shall be treated as 

17 the agency with custody and accountability for the real 

18 property at the time the real property is determined to 

19 be excess. 

20 ‘‘(d) NET PROCEEDS.—The net proceeds described in 

21 this subsection are proceeds under this chapter, less ex22 penses of the transfer or disposition as provided in section 

23 572(a) of this title, from a— 

24 ‘‘(1) transfer of excess real property to a Fed25 eral agency for agency use; or 


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

2 real property. 

3 ‘‘(e) PROCEEDS FROM TRANSFER OR SALE OF PER4 SONAL PROPERTY.— 

5 ‘‘(1) IN GENERAL.—Except as otherwise pro6 vided in this subchapter, proceeds described in para7 graph (2) shall be deposited in the Treasury as mis8 cellaneous receipts. 

9 ‘‘(2) PROCEEDS.—The proceeds described in 

10 this paragraph are proceeds under this chapter 

11 from— 

12 ‘‘(A) a transfer of excess personal property 

13 to a Federal agency for agency use; or 

14 ‘‘(B) a sale, lease, or other disposition of 

15 surplus personal property. 

16 ‘‘(3) PAYMENT OF EXPENSES OF SALE BEFORE

17 DEPOSIT.—Subject to regulations under this sub18 title, the expenses of the sale of personal property 

19 may be paid from the proceeds of sale so that only 

20 the net proceeds are deposited in the Treasury. This 

21 paragraph applies whether proceeds are deposited as 

22 miscellaneous receipts or to the credit of an appro23 priation as authorized by law.’’. 


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1 SEC. 6. DEMONSTRATION AUTHORITY. 

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

3 40, United States Code, is amended by adding at the end 

4 the following new section: 

5 ‘‘§ 530. Demonstration program of inapplicability of 

6 certain requirements of law 

7 ‘‘(a) AUTHORITY.—Effective for fiscal years 2011 

8 and 2012, the requirements of section 501(a) of the 

9 McKinney-Vento Homeless Assistance Act (42 U.S.C. 

10 11411(a)) shall not apply to eligible properties. 

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

12 for purposes of subsection (a) if it meets both of the fol13 lowing requirements: 

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

15 an agency and is a Federal building or other Federal 

16 real property located on land not determined to be 

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

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

19 arrangement, or service agreement. 

20 ‘‘(2) The property is— 

21 ‘‘(A) located in an area to which the gen22 eral public is denied access in the interest of 

23 national security and where alternative access 

24 cannot be provided for the public without com25 promising national security; or 

26 ‘‘(B) the property is— 


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1 ‘‘(i) uninhabitable; 

2 ‘‘(ii) not a housing unit; and 

3 ‘‘(iii) selected for demolition by an 

4 agency because either— 

5 ‘‘(I) the demolition is necessary 

6 to further an identified Federal need 

7 for which funds have been authorized 

8 and appropriated; or 

9 ‘‘(II) the property poses risk to 

10 human health and safety or has be11 come an attractive nuisance. 

12 ‘‘(c) LIMITATIONS.— 

13 ‘‘(1) DEPARTMENT OF VETERANS AFFAIRS.—A 

14 property of the Department of Veterans Affairs may 

15 not be considered an eligible property for purposes 

16 of subsection (a). 

17 ‘‘(2) REQUIREMENTS AND NOTIFICATIONS.— 

18 With respect to an eligible property described in sub19 section (b), the land underlying the property remains 

20 subject to all public benefit requirements and notifi21 cations for disposal. 

22 ‘‘(d) NOTIFICATION TO CONGRESS.— 

23 ‘‘(1) LIST OF ELIGIBLE PROPERTIES.—A list of 

24 each eligible property described in subsection (b) 

25 that is demolished or scheduled for demolition, by 


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1 date of demolition or projected demolition date, shall 

2 be sent to the congressional committees listed in 

3 paragraph (2) and published on the website of the 

4 General Services Administration biannually begin5 ning 6 months after the date of the enactment of 

6 this section. 

7 ‘‘(2) CONGRESSIONAL COMMITTEES.—The con8 gressional committees listed in this paragraph are as 

9 follows: 

10 ‘‘(A) The Committee on Oversight and 

11 Government Reform and the Committee on 

12 Transportation and Infrastructure of the House 

13 of Representatives. 

14 ‘‘(B) The Committee on Homeland Secu15 rity and Governmental Affairs and the Com16 mittee on Environment and Public Works of the 

17 Senate. 

18 ‘‘(e) RELATIONSHIP TO OTHER PROVISIONS OF

19 LAW.—Nothing in this section may be construed as inter20 fering with the requirement for the submission of a pro21 spectus to Congress as established by section 3307 of this 

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

23 section 527 of this title.’’. 

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

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


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

2 section 529 the following new item: 

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

3 SEC. 7. FEDERAL REAL PROPERTY DATABASE. 

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

5 40, United States Code, as amended by section 6, is fur6 ther amended by adding at the end the following new sec7 tion: 

8 ‘‘§ 531. Federal real property database 

9 ‘‘(a) DATABASE REQUIRED.—Not later than one year 

10 after the date of the enactment of this section, the Admin11 istrator of the General Services Administration shall es12 tablish and maintain a single, comprehensive, and descrip13 tive database of all Federal real property under the cus14 tody and control of all executive agencies, other than Fed15 eral real property excluded for reasons of national secu16 rity, in accordance with subsection (b). 

17 ‘‘(b) REQUIRED INFORMATION FOR DATABASE.—The 

18 Administrator shall collect from the head of each executive 

19 agency descriptive information, except for classified infor20 mation, of the nature, use, and extent of the Federal real 

21 property of each such agency, including the following: 

22 ‘‘(1) The geographic location of each Federal 

23 real property of each such agency, including the ad24 dress and description for each such property. 


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1 ‘‘(2) The total size of each Federal real prop2 erty of each such agency, including square footage 

3 and acreage of each such property. 

4 ‘‘(3) The relevance of each Federal real prop5 erty to the agency’s mission. 

6 ‘‘(4) The level of use of each Federal real prop7 erty for each such agency, including whether such 

8 property is excess, surplus, underutilized, or unuti9 lized. 

10 ‘‘(5) The number of days each Federal real 

11 property is designated as excess, surplus, underuti12 lized, or unutilized. 

13 ‘‘(6) The annual operating costs of each Fed14 eral real property. 

15 ‘‘(7) The replacement value of each Federal 

16 real property. 

17 ‘‘(c) ACCESS TO DATABASE.— 

18 ‘‘(1) FEDERAL AGENCIES.—The Administrator 

19 shall, in consultation with the Director of the Office 

20 of Management and Budget, make the database es21 tablished and maintained under this section available 

22 to other Federal agencies. 

23 ‘‘(2) PUBLIC ACCESS.—To the extent consistent 

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1 sible by the public at no cost through the website of 

2 the General Services Administration. 

3 ‘‘(d) APPLICABILITY.—Nothing in this section may 

4 be construed to require an agency to make available to 

5 the public information that is exempt from disclosure pur6 suant to section 552(b) of title 5, United States Code.’’. 

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

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

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

10 section 530 the following new item: 

‘‘531. Federal real property database.’’. 

11 SEC. 8. SUSTAINABLE DISPOSAL OF PROPERTY. 

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

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

14 end the following new section: 

15 ‘‘§ 560. Sustainable disposal of property 

16 ‘‘The head of each Federal agency shall divert at 

17 least 50 percent of construction and demolition materials 

18 and debris by the end of fiscal year 2015.’’. 

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

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

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

22 section 559 the following new item: 

‘‘560. Sustainable disposal of property.’’. 

Æ 


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