Federal Real Property Disposal Enhancement Act of 2008 - Requires the Administrator of the General Services Administration (GSA) to issue guidance for federal agency real property plans, including recommendations on how to identify and dispose of excess properties, evaluate disposal costs and benefits, and prioritize disposal decisions based on agency missions and anticipated future need for holdings.
Requires the Administrator to: (1) report to specified congressional committees annually for five years on agency efforts to reduce their real property assets; and (2) assist agencies in the identification and disposal of excess real property.
Requires agencies to: (1) maintain adequate inventory controls and accountability systems for property under their control; (2) continuously survey such property to identify excess property; (3) promptly report excess property to the Administrator; (4) perform the care and handling of excess property; and (5) transfer or dispose of excess property as promptly as possible.
Requires each agency to: (1) develop and implement a real property plan to identify and declare excess property; (2) identify and categorize all real property owned, leased, or managed by the agency; (3) establish goals and incentives to reduce excess real property in its inventory; and (4) use authorities to identify and prepare real property to be reported as excess.
Requires each agency to: (1) reassign to another activity within the agency property that is no longer required for the purposes for which it was purchased; (2) transfer excess property to other federal agencies and to specified organizations; and (3) obtain excess properties from other agencies to meet mission needs before acquiring nonfederal property.
(Sec. 4) Includes among the amounts the Administrator is authorized to obligate from proceeds from the disposition of surplus real and related personal property: (1) amounts to pay the costs related to identifying and preparing properties to be reported excess by another agency; and (2) amounts to pay the costs associated with the reversion, custody, and disposal of reverted real property.
Requires the Administrator to: (1) take control of certain property for which reversion is recommended or determined to be necessary and to sell it at fair market value; and (2) make such property available to state and local governments and certain nonprofit entities prior to sale.
(Sec. 6) Requires: (1) excess or surplus property proceeds to be deposited into the appropriate agency's real property account (currently, into the Treasury as miscellaneous receipts); and (2) the funds from such deposits to be expended only as authorized in annual appropriations Acts for activities related to federal real property asset management and disposal.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5787 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5787
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
April 14, 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
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives 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''.
SEC. 2. ENHANCED AUTHORITIES WITH REGARD TO PREPARING 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 following 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, on a
reimbursable basis, the direct and indirect costs
related to identifying and preparing properties to be
reported excess by another agency.
``(ii) The General Services Administration may be
reimbursed from the proceeds of the sale of such
properties for such costs.
``(iii) After reimbursement of such costs, the
balance of the proceeds shall be dispersed pursuant to
section 571 of this title.
``(iv) The authority under clause (i) to obligate
funds to prepare properties to be reported excess does
not include the authority to convey such properties by
sale, lease, exchange, or otherwise, including through
leaseback arrangements.
``(v) Nothing in this subparagraph is intended to
affect subparagraph (D).''.
SEC. 3. ENHANCED AUTHORITIES WITH REGARD TO REVERTED REAL PROPERTY.
(a) Authority To Pay Expenses Related to Reverted 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
associated with the reversion, custody, and
disposal of reverted real property.''.
(b) Requirements Related to Sales of Reverted Property Under
Section 550.--Section 550(b)(1) of title 40, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(1) In general.--''; and
(2) by adding at the end the following: ``If the official,
in consultation with the Administrator, recommends reversion of
the property, the Administrator shall take control of such
property, and, subject to subparagraph (B), sell it at fair
market value for cash and not by lease, exchange, or leaseback
arrangements.
``(B) Prior to sale, the Administrator shall make such
property available to State and local governments and certain
non-profit institutions or organizations pursuant to this
section and sections 553 and 554 of this title.''.
(c) Requirements Related to Sales of Reverted 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 property is
necessary to enforce compliance with the terms of the
conveyance, the Administrator shall take control of such
property and, subject to paragraph (2), sell it at fair market
value for cash and not by lease, exchange, or leaseback
arrangements.
``(2) Prior to sale, the Administrator shall make such property
available to State and local governments and certain non-profit
institutions or organizations pursuant to this section and sections 550
and 554 of this title.''.
(d) Requirements Related to Sales of Reverted 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 Administrator shall take control of such
property and, subject to paragraph (2), sell it at fair market
value for cash and not by lease, exchange, or leaseback
arrangements.
``(2) Prior to sale, the Administrator shall make such property
available to State and local governments and certain non-profit
institutions or organizations pursuant to this section and sections 550
and 553 of this title.''.
SEC. 4. AGENCY RETENTION OF PROCEEDS.
The text of section 571 of title 40, United States Code, is amended
to read as follows:
``(a) Deposit of Proceeds.--Proceeds described in subsection (d)
shall be deposited into the appropriate real property account of the
agency that had custody and accountability for the real property. Such
funds shall be expended only as authorized in annual appropriations
Acts and only for activities related to Federal real property asset
management and disposal activities, including paying costs incurred by
the General Services Administration for any disposal-related activity
authorized by this title.
``(b) Effect on Other Sections.--Nothing in this section is
intended to affect section 572(b) or 574 of this title.
``(c) Disposal Agency for Reverted Property.--For the purposes of
this section, the General Services Administration, as the disposal
agency, shall be treated as the agency with custody and accountability
for properties which revert to the United States under sections 550,
553, and 554 of this title.
``(d) Proceeds.--The proceeds referred to in subsection (a) are
proceeds under this chapter from a--
``(1) transfer of excess property to a federal agency for
agency use; or
``(2) sale, lease, or other disposition of surplus
property.''.
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Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Referred to the Subcommittee on Government Management, Organization, and Procurement.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Subcommittee on Government Management, Organization, and Procurement Discharged.
Reported (Amended) by the Committee on Oversight and Government. H. Rept. 110-651.
Reported (Amended) by the Committee on Oversight and Government. H. Rept. 110-651.
Placed on the Union Calendar, Calendar No. 412.
Ms. Watson moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H4091-4094)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 5787.
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Issa objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
Considered as unfinished business. (consideration: CR H4402)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR 5/19/2008 H4091-4092)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR 5/19/2008 H4091-4092)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.