I 
110TH CONGRESS 
2D SESSION 
H. R. 7217 
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 
SEPTEMBER 29, 2008 
Mr. MOORE of Kansas (for himself and Mr. DUNCAN) introduced the following 
bill; which was referred to the Committee on Oversight and Government 
Reform 
SEPTEMBER 29, 2008 
The Committee on Oversight and Government Reform discharged; considered 
and passed 
A BILL 
To amend title 40, United States Code, to enhance authori-
ties with regard to real property that has yet to be 
reported excess, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Real Property 
Disposal Enhancement Act of 2008’’. 
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SEC. 2. DUTIES OF THE GENERAL SERVICES ADMINISTRA-
TION 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 ADMINIS-
TRATION.— 
‘‘(1) 
GUIDANCE.—The 
Administrator 
shall 
issue guidance for the development and implementa-
tion 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 fu-
ture need for holdings; and 
‘‘(D) how best to dispose of those prop-
erties identified as excess to the needs of the 
agency. 
‘‘(2) DATABASE.—The Administrator shall es-
tablish and maintain a single, comprehensive, and 
descriptive database of all Federal real property as-
sets under the custody and control of all executive 
agencies, other than real property assets excluded 
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for reasons of national security. The Administrator 
shall collect from each executive agency such de-
scriptive information, except for classified informa-
tion, 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 prop-
erty, including whether the real property is ex-
cess, 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/installa-
tion, agency, location, and level of utilization; 
and 
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‘‘(ii) to download data from any such 
search. 
‘‘(C) To the extent consistent with national se-
curity, the database shall be accessible by the public 
at no cost through the Web site of the General Serv-
ices Administration. The Administrator may with-
hold 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 min-
imum, the Administrator shall make aggregate infor-
mation 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 agen-
cy efforts to reduce their real property assets and 
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and repair costs, utilities, cleaning and jani-
torial costs, and roads and grounds expenses. 
‘‘(III) For purposes of subclause (I), costs 
for real properties leased by the Federal govern-
ment 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 facil-
ity/installation disposed of, an indication of— 
‘‘(I) its geographic location with ad-
dress and description; 
‘‘(II) its size, including square footage 
and acreage; 
‘‘(III) the date and method of dis-
posal; and 
‘‘(IV) its estimated market value. 
‘‘(vi) Such other information as the Ad-
ministrator considers appropriate. 
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‘‘(C) The congressional committees listed in 
this subparagraph are as follows: 
‘‘(i) The Committee on Oversight and Gov-
ernment Reform and the Committee on Trans-
portation and Infrastructure of the House of 
Representatives. 
‘‘(ii) The Committee on Homeland Secu-
rity and Governmental Affairs and the Com-
mittee on Environment and Public Works of the 
Senate. 
‘‘(5) ASSISTANCE.—The Administrator shall as-
sist executive agencies in the identification and dis-
posal 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 ex-
cess property; and 
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‘‘(E) transfer or dispose of excess property 
as promptly as possible in accordance with au-
thority 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 prop-
erty plan in order to identify properties to de-
clare as excess using the guidance issued under 
subsection (a)(1); 
‘‘(B) identify and categorize all real prop-
erty owned, leased, or otherwise managed by 
the agency; 
‘‘(C) establish adequate goals and incen-
tives 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 re-
ported as excess. 
‘‘(3) ADDITIONAL REQUIREMENTS.—Each exec-
utive agency, as far as practicable, shall— 
‘‘(A) reassign property to another activity 
within the agency when the property is no 
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longer required for the purposes of the appro-
priation used to make the purchase; 
‘‘(B) transfer excess property under its 
control to other Federal agencies and to organi-
zations 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.’’. 
SEC. 3. ENHANCED AUTHORITIES WITH REGARD TO PRE-
PARING 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 fol-
lowing 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 re-
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lated 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 pur-
suant to section 571 of this title. 
‘‘(iv) The authority under clause (i) to ob-
ligate 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 arrange-
ments or service agreements. 
‘‘(v) Nothing in this subparagraph is in-
tended to affect subparagraph (D).’’. 
SEC. 4. ENHANCED AUTHORITIES WITH REGARD TO RE-
VERTED REAL PROPERTY. 
(a) AUTHORITY TO PAY EXPENSES RELATED TO RE-
VERTED 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 as-
sociated with the reversion, custody, and 
disposal of reverted real property.’’. 
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(b) REQUIREMENTS RELATED
TO SALES
OF RE-
VERTED
PROPERTY
UNDER
SECTION
550.—Section 
550(b)(1) of title 40, United States Code, is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(1) IN
GEN-
ERAL.—’’; and 
(2) by adding at the end the following: ‘‘If the 
official, in consultation with the Administrator, rec-
ommends reversion of the property, the Adminis-
trator shall take control of such property, and, sub-
ject to subparagraph (B), sell it at or above ap-
praised fair market value for cash and not by lease, 
exchange, leaseback arrangements, or service agree-
ments. 
‘‘(B) Prior to sale, the Administrator shall 
make such property available to State and local gov-
ernments and certain non-profit institutions or orga-
nizations pursuant to this section and sections 553 
and 554 of this title.’’. 
(c) REQUIREMENTS RELATED
TO SALES
OF RE-
VERTED
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 prop-
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erty is necessary to enforce compliance with the 
terms of the conveyance, the Administrator shall 
take control of such property and, subject to para-
graph (2), sell it at or above appraised fair market 
value for cash and not by lease, exchange, leaseback 
arrangements, or service agreements. 
‘‘(2) Prior to sale, the Administrator shall make such 
property available to State and local governments and cer-
tain non-profit institutions or organizations pursuant to 
this section and sections 550 and 554 of this title.’’. 
(d) REQUIREMENTS RELATED
TO SALES
OF RE-
VERTED
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 Adminis-
trator shall take control of such property and, sub-
ject to paragraph (2), sell it at or above appraised 
fair market value for cash and not by lease, ex-
change, leaseback arrangements, or service agree-
ments. 
‘‘(b) Prior to sale, the Administrator shall make such 
property available to State and local governments and cer-
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tain non-profit institutions or organizations pursuant to 
this section and sections 550 and 553 of this title.’’. 
SEC. 5. 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 ac-
count of the agency that had custody and accountability 
for the real property at the time the real property is deter-
mined to be excess. Such funds shall be expended only as 
authorized in annual appropriations Acts and only for ac-
tivities as described in section 524(b) of this title and dis-
posal activities, including paying costs incurred by the 
General Services Administration for any disposal-related 
activity authorized by this title. Proceeds may also be ex-
pended 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 expendi-
ture 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 
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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
PROP-
ERTY.—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 Ad-
ministration, 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 ex-
penses of the transfer or disposition as provided in section 
572(a) of this title, from a— 
‘‘(1) transfer of excess real property to a Fed-
eral agency for agency use; or 
‘‘(2) sale, lease, or other disposition of surplus 
real property. 
‘‘(e) PROCEEDS FROM TRANSFER OR SALE OF PER-
SONAL PROPERTY.—(1) Except as otherwise provided in 
this subchapter, proceeds described in paragraph (2) shall 
be deposited in the Treasury as miscellaneous receipts. 
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‘‘(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 sur-
plus 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 de-
posited in the Treasury. This paragraph applies whether 
proceeds are deposited as miscellaneous receipts or to the 
credit of an appropriation as authorized by law.’’. 
SEC. 6. 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 fol-
lowing requirements: 
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‘‘(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 gen-
eral public is denied access in the interest of 
national security and where alternative access 
cannot be provided for the public without com-
promising 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 be-
come an attractive nuisance. 
‘‘(c) LIMITATIONS.— 
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‘‘(1) No property of the Department of Vet-
erans Affairs may be considered an eligible property 
for purposes of subsection (a). 
‘‘(2) With respect to an eligible property de-
scribed in subsection (b), the land underlying the 
property remains subject to all public benefit re-
quirements 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 demoli-
tion or projected demolition date, shall be sent to the con-
gressional committees listed in paragraph (2) and pub-
lished on the Web site of the General Services Administra-
tion biannually beginning 6 months after the date of the 
enactment of this section. 
‘‘(2) The congressional committees listed in this para-
graph are as follows: 
‘‘(A) The Committee on Oversight and Govern-
ment 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 inter-
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fering with the requirement for the submission of a pro-
spectus 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.’’. 
Æ 
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