II 

112TH CONGRESS 

1ST SESSION S. 479 

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 SENATE OF THE UNITED STATES 

MARCH 3, 2011 

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

to the Committee on Homeland Security and Governmental Affairs 

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 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.— 

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

7 shall issue guidance for the development and 

8 implementation of agency real property plans. 

9 ‘‘(B) CONTENTS.—Guidance issued under 

10 this paragraph shall include recommendations 

11 on— 

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

13 ‘‘(ii) how to evaluate the costs and 

14 benefits involved with disposing of real 

15 property; 

16 ‘‘(iii) how to prioritize disposal deci17 sions based on agency missions and antici18 pated future need for holdings; and 

19 ‘‘(iv) how best to dispose of those 

20 properties identified as excess to the needs 

21 of the agency. 

22 ‘‘(2) ANNUAL REPORT.— 

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

24 shall submit an annual report, for each of the 

25 first 5 years after 2011, to the congressional 

26 committees listed in subparagraph (C) based on 


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1 data submitted from all executive agencies, de2 tailing executive agency efforts to reduce their 

3 real property assets and the additional informa4 tion described in subparagraph (B). 

5 ‘‘(B) CONTENTS.—The report shall con6 tain the following information for the year cov7 ered by the report: 

8 ‘‘(i) REAL PROPERTY.—The aggre9 gated estimated market value and number 

10 of real property assets under the custody 

11 and control of all executive agencies, set 

12 forth Government-wide and by agency, and 

13 for each at the constructed asset level and 

14 at the facility/installation level. 

15 ‘‘(ii) SURPLUS REAL PROPERTY.—The 

16 aggregated estimated market value and 

17 number of surplus real property assets 

18 under the custody and control of all execu19 tive agencies, set forth Government-wide 

20 and by agency, and for each at the con21 structed asset level and at the facility/in22 stallation level. 

23 ‘‘(iii) COSTS.— 

24 ‘‘(I) MAINTENANCE.—The aggre25 gated cost for maintaining all surplus 


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1 real property under the custody and 

2 control of all executive agencies, set 

3 forth Government-wide and by agency, 

4 and for each at the constructed asset 

5 level and at the facility/installation 

6 level. 

7 ‘‘(II) RECURRING COSTS.—For 

8 purposes of subclause (I), costs for 

9 real properties owned by the Federal 

10 Government shall include recurring 

11 maintenance and repair costs, utili12 ties, cleaning and janitorial costs, and 

13 roads and grounds expenses. 

14 ‘‘(III) LEASE COSTS.—For pur15 poses of subclause (I), costs for real 

16 properties leased by the Federal Gov17 ernment shall include lease costs, in18 cluding base and operating rent and 

19 any other relevant costs listed in sub20 clause (II) not covered in the lease 

21 contract. 

22 ‘‘(iv) DEFERRED MAINTENANCE

23 COSTS.—The aggregated estimated de24 ferred maintenance costs of all real prop25 erty under the custody and control of all 


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1 executive agencies, set forth Government2 wide and by agency, and for each at the 

3 constructed asset level and at the facility/ 

4 installation level. 

5 ‘‘(v) DISPOSED PROPERTY.—For each 

6 surplus real property facility/installation 

7 disposed of, an indication of— 

8 ‘‘(I) its geographic location with 

9 address and description; 

10 ‘‘(II) its size, including square 

11 footage and acreage; 

12 ‘‘(III) the date and method of 

13 disposal; and 

14 ‘‘(IV) its estimated market value. 

15 ‘‘(vi) DISPOSED PROPERTY.—Such 

16 other information as the Administrator 

17 considers appropriate. 

18 ‘‘(C) CONGRESSIONAL COMMITTEES.—The 

19 congressional committees listed in this subpara20 graph are— 

21 ‘‘(i) the Committee on Homeland Se22 curity and Governmental Affairs and the 

23 Committee on Environment and Public 

24 Works of the Senate; and 


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1 ‘‘(ii) the Committee on Oversight and 

2 Government Reform and the Committee on 

3 Transportation and Infrastructure of the 

4 House of Representatives. 

5 ‘‘(3) ASSISTANCE.—The Administrator shall as6 sist executive agencies in the identification and dis7 posal of excess real property. 

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

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

10 shall— 

11 ‘‘(A) maintain adequate inventory controls 

12 and accountability systems for property under 

13 its control; 

14 ‘‘(B) continuously survey property under 

15 its control to identify excess property; 

16 ‘‘(C) promptly report excess property to 

17 the Administrator; 

18 ‘‘(D) perform the care and handling of ex19 cess property; and 

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

21 as promptly as possible in accordance with au22 thority delegated and regulations prescribed by 

23 the Administrator. 


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1 ‘‘(2) SPECIFIC REQUIREMENTS WITH RESPECT

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

3 each executive agency shall— 

4 ‘‘(A) develop and implement a real prop5 erty plan in order to identify properties to de6 clare as excess using the guidance issued under 

7 subsection (a)(1); 

8 ‘‘(B) identify and categorize all real prop9 erty owned, leased, or otherwise managed by 

10 the agency; 

11 ‘‘(C) establish adequate goals and incen12 tives that lead the agency to reduce excess real 

13 property in its inventory; and 

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

15 in section 572(a)(2)(B) in order to identify and 

16 prepare real property to be reported as excess. 

17 ‘‘(3) ADDITIONAL REQUIREMENTS.—Each exec18 utive agency, as far as practicable, shall— 

19 ‘‘(A) reassign property to another activity 

20 within the agency when the property is no 

21 longer required for the purposes of the appro22 priation used to make the purchase; 

23 ‘‘(B) transfer excess property under its 

24 control to other Federal agencies and to organi25 zations specified in section 321(c)(2); and 


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1 ‘‘(C) obtain excess properties from other 

2 Federal agencies to meet mission needs before 

3 acquiring non-Federal property.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

5 The table of sections for chapter 5 of title 40, United 

6 States Code, is amended by striking the item relating to 

7 section 524 and inserting the following: 

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

8 SEC. 3. ENHANCED AUTHORITIES WITH REGARD TO PRE9 PARING PROPERTIES TO BE REPORTED AS 

10 EXCESS. 

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

12 amended— 

13 (1) by redesignating subparagraphs (B) and 

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

15 (2) by inserting after subparagraph (A) the fol16 lowing: 

17 ‘‘(B) ADDITIONAL AUTHORITY.— 

18 ‘‘(i) PAYMENT OF DIRECT AND INDI19 RECT COSTS.—From the fund described in 

20 paragraph (1), subject to clause (iv), the 

21 Administrator may obligate an amount to 

22 pay the direct and indirect costs related to 

23 identifying and preparing properties to be 

24 reported excess by another agency. 


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1 ‘‘(ii) REIMBURSEMENT.—The General 

2 Services Administration shall be reim3 bursed from the proceeds of the sale of 

4 such properties for such costs. 

5 ‘‘(iii) NET PROCEEDS.—Net proceeds 

6 shall be dispersed under section 571. 

7 ‘‘(iv) LIMITATION.—The authority 

8 under clause (i) to obligate funds to pre9 pare properties to be reported excess does 

10 not include the authority to convey such 

11 properties by use, sale, lease, exchange, or 

12 otherwise, including through leaseback ar13 rangements or service agreements. 

14 ‘‘(v) RULE OF CONSTRUCTION.— 

15 Nothing in this subparagraph shall be con16 strued to affect subparagraph (D).’’. 

17 SEC. 4. ENHANCED AUTHORITIES WITH REGARD TO RE18 VERTED REAL PROPERTY. 

19 (a) AUTHORITY TO PAY EXPENSES RELATED TO RE20 VERTED REAL PROPERTY.—Section 572(a)(2)(A) of title 

21 40, United States Code, is amended by adding at the end 

22 the following: 

23 ‘‘(iv) The direct and indirect costs as24 sociated with the reversion, custody, and 

25 disposal of reverted real property.’’. 


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1 (b) REQUIREMENTS RELATED TO SALES OF RE2 VERTED PROPERTY UNDER SECTION 550.—Section 

3 550(b)(1) of title 40, United States Code, is amended— 

4 (1) by striking ‘‘(1) IN GENERAL.—’’ and in5 serting the following: 

6 ‘‘(1) IN GENERAL.— 

7 ‘‘(A) ENFORCEMENT.—’’; and 

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

9 official, in consultation with the Administrator, rec10 ommends reversion of the property, the Adminis11 trator shall take control of such property, and, sub12 ject to subparagraph (B), sell it at or above ap13 praised fair market value for cash and not by lease, 

14 exchange, leaseback arrangements, or service agree15 ments. 

16 ‘‘(B) AVAILABILITY TO STATE AND LOCAL GOV17 ERNMENTS.—Before sale, the Administrator shall 

18 make such property available to State and local gov19 ernments and certain nonprofit institutions or orga20 nizations under this section and sections 553 and 

21 554.’’. 

22 (c) REQUIREMENTS RELATED TO SALES OF RE23 VERTED PROPERTY UNDER SECTION 553.—Section 

24 553(e) of title 40, United States Code, is amended— 


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1 (1) by striking ‘‘(e) ENFORCEMENT AND REVI2 SION OF INSTRUMENTS TRANSFERRING PROPERTY

3 UNDER THIS SECTION.—’’ and inserting the fol4 lowing: 

5 ‘‘(e) ENFORCEMENT AND REVISION OF INSTRU6 MENTS TRANSFERRING PROPERTY UNDER THIS SEC7 TION.— 

8 ‘‘(1) IN GENERAL.—’’; and 

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

10 Administrator determines that reversion of the prop11 erty is necessary to enforce compliance with the 

12 terms of the conveyance, the Administrator shall 

13 take control of such property and, subject to para14 graph (2), sell it at or above appraised fair market 

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

16 arrangements, or service agreements. 

17 ‘‘(2) AVAILABILITY TO STATE AND LOCAL GOV18 ERNMENTS.—Before sale, the Administrator shall 

19 make such property available to State and local gov20 ernments and certain nonprofit institutions or orga21 nizations under this section and sections 550 and 

22 554.’’. 

23 (d) REQUIREMENTS RELATED TO SALES OF RE24 VERTED PROPERTY UNDER SECTION 554.—Section 

25 554(f) of title 40, United States Code, is amended— 


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1 (1) by striking ‘‘(f) ENFORCEMENT AND REVI2 SION OF INSTRUMENTS TRANSFERRING PROPERTY

3 UNDER THIS SECTION.—’’ and inserting the fol4 lowing: 

5 ‘‘(f) ENFORCEMENT AND REVISION OF INSTRU6 MENTS TRANSFERRING PROPERTY UNDER THIS SEC7 TION.— 

8 ‘‘(1) IN GENERAL.—’’; and 

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

10 Secretary, in consultation with the Administrator, 

11 recommends reversion of the property, the Adminis12 trator shall take control of such property and, sub13 ject to paragraph (2), sell it at or above appraised 

14 fair market value for cash and not by lease, ex15 change, leaseback arrangements, or service agree16 ments. 

17 ‘‘(2) AVAILABILITY TO STATE AND LOCAL GOV18 ERNMENTS.—Before sale, the Administrator shall 

19 make such property available to State and local gov20 ernments and certain nonprofit institutions or orga21 nizations under this section and sections 550 and 

22 553.’’. 

23 SEC. 5. AGENCY RETENTION OF PROCEEDS. 

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

25 Code, is amended to read as follows: 


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

2 PROPERTY.— 

3 ‘‘(1) DEPOSIT.—Net proceeds described in sub4 section (d) shall be deposited into the appropriate 

5 real property account of the agency that had custody 

6 and accountability for the real property at the time 

7 the real property is determined to be excess. 

8 ‘‘(2) EXPENDITURES.— 

9 ‘‘(A) IN GENERAL.—Funds deposited 

10 under paragraph (1) shall be expended only as 

11 authorized in annual appropriations Acts and 

12 only for activities as described in section 524(b) 

13 and disposal activities, including paying costs 

14 incurred by the General Services Administration 

15 for any disposal-related activity authorized by 

16 this title. 

17 ‘‘(B) MAINTENANCE AND REPAIRS.— 

18 Funds deposited under paragraph (1) may also 

19 be expended by the agency for maintenance and 

20 repairs of the agency’s real property necessary 

21 for its disposal or for the repair or alteration of 

22 the agency’s other real property, except that 

23 such funds shall not be authorized for expendi24 ture in an appropriations Act for any repair or 

25 alteration project that is subject to the requireVerDate Mar 15 2010 06:44 Mar 04, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S479.IS S479

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1 ments of section 3307 without a prospectus 

2 submitted by the General Services Administra3 tion and approved by the Committee on Envi4 ronment and Public Works of the Senate and 

5 the Committee on Transportation and Infra6 structure of the House of Representatives. 

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

8 section shall be construed to affect section 572(b), 573, 

9 or 574. 

10 ‘‘(c) DISPOSAL AGENCY FOR REVERTED PROP11 ERTY.—For the purposes of this section, for any real 

12 property that reverts to the United States under sections 

13 550, 553, and 554, the General Services Administration, 

14 as the disposal agency, shall be treated as the agency with 

15 custody and accountability for the real property at the 

16 time the real property is determined to be excess. 

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

18 in subsection (a) are proceeds under this chapter, less ex19 penses of the transfer or disposition as provided in section 

20 572(a), from a— 

21 ‘‘(1) transfer of excess real property to a Fed22 eral agency for agency use; or 

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

24 real property. 


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1 ‘‘(e) PROCEEDS FROM TRANSFER OR SALE OF PER2 SONAL PROPERTY.— 

3 ‘‘(1) IN GENERAL.—Except as otherwise pro4 vided in this subchapter, proceeds described in para5 graph (2) shall be deposited in the Treasury as mis6 cellaneous receipts. 

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

8 this paragraph are proceeds under this chapter 

9 from— 

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

11 to a Federal agency for agency use; or 

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

13 surplus personal property. 

14 ‘‘(3) NET PROCEEDS.—Subject to regulations 

15 under this subtitle, the expenses of the sale of per16 sonal property may be paid from the proceeds of sale 

17 so that only the net proceeds are deposited in the 

18 Treasury. This paragraph applies whether proceeds 

19 are deposited as miscellaneous receipts or to the 

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

21 SEC. 6. DEMONSTRATION AUTHORITY. 

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

23 40, United States Code, is amended by adding at the end 

24 the following: 


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1 ‘‘§ 530. Demonstration program of inapplicability of 

2 certain requirements of law 

3 ‘‘(a) AUTHORITY.—Effective for fiscal years 2012 

4 and 2013, the requirements of section 501(a) of the 

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

6 11411(a)) shall not apply to eligible properties. 

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

8 for purposes of subsection (a) if— 

9 ‘‘(1) the property is selected for demolition by 

10 an agency and is a Federal building or other Federal 

11 real property located on land not determined to be 

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

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

14 arrangement, or service agreement; and 

15 ‘‘(2) the property is— 

16 ‘‘(A) located in an area to which the gen17 eral public is denied access in the interest of 

18 national security and where alternative access 

19 cannot be provided for the public without com20 promising national security; or 

21 ‘‘(B) the property is— 

22 ‘‘(i) uninhabitable; 

23 ‘‘(ii) not a housing unit; and 

24 ‘‘(iii) selected for demolition by an 

25 agency because either— 


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1 ‘‘(I) the demolition is necessary 

2 to further an identified Federal need 

3 for which funds have been authorized 

4 and appropriated; or 

5 ‘‘(II) the property poses risk to 

6 human health and safety or has be7 come an attractive nuisance. 

8 ‘‘(c) LIMITATIONS.— 

9 ‘‘(1) DEPARTMENT OF VETERANS AFFAIRS.— 

10 No property of the Department of Veterans Affairs 

11 may be considered an eligible property for purposes 

12 of subsection (a). 

13 ‘‘(2) LAND.—With respect to an eligible prop14 erty described in subsection (b), the land underlying 

15 the property remains subject to all public benefit re16 quirements and notifications for disposal. 

17 ‘‘(d) NOTIFICATION TO CONGRESS.— 

18 ‘‘(1) IN GENERAL.—A list of each eligible prop19 erty described in subsection (b) that is demolished or 

20 scheduled for demolition, by date of demolition or 

21 projected demolition date, shall be sent to the con22 gressional committees listed in paragraph (2) and 

23 published on the Web site of the General Services 

24 Administration biannually beginning 6 months after 

25 the date of the enactment of this section. 


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1 ‘‘(2) CONGRESSIONAL COMMITTEES.—The con2 gressional committees listed in this paragraph are— 

3 ‘‘(A) the Committee on Homeland Security 

4 and Governmental Affairs and the Committee 

5 on Environment and Public Works of the Sen6 ate; and 

7 ‘‘(B) the Committee on Oversight and Gov8 ernment Reform and the Committee on Trans9 portation and Infrastructure of the House of 

10 Representatives. 

11 ‘‘(e) RELATIONSHIP TO OTHER PROVISIONS OF

12 LAW.—Nothing in this section may be construed as inter13 fering with the requirement for the submission of a pro14 spectus to Congress as established by section 3307 or for 

15 all demolitions to be carried out under section 527.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

17 The table of sections for chapter 5 of title 40, United 

18 States Code, is amended by inserting after the item relat19 ing to section 529 the following: 

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

Æ 


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