[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 328 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 328
To establish a pilot program for the expedited disposal of Federal real
property.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 22, 2013
Mr. Chaffetz (for himself and Mr. Quigley) introduced the following
bill; which was referred to the Committee on Oversight and Government
Reform
_______________________________________________________________________
A BILL
To establish a pilot program for the expedited disposal of Federal real
property.
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 ``Excess Federal Building and Property
Disposal Act of 2013''.
SEC. 2. FEDERAL REAL PROPERTY DISPOSAL PILOT PROGRAM.
(a) In General.--Chapter 5 of subtitle I of title 40, United States
Code, is amended by adding at the end the following new subchapter:
``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY
``Sec. 621. Federal real property disposal pilot program
``(a) In General.--The Administrator of General Services (in this
subchapter referred to as the `Administrator'), in consultation with
the Director of the Office of Management and Budget (in this subchapter
referred to as the `Director'), shall conduct a pilot program to be
known as the `Federal Real Property Disposal Pilot Program', under
which the Administrator, in consultation with the Director, shall
determine which 15 Federal Government real properties that are excess
or surplus and have the highest fair market value and the greatest
potential to sell and shall dispose of such properties in accordance
with this subchapter and through an expedited disposal of real
property.
``(b) Disposal.--During the five-year period beginning on the date
of the enactment of the Excess Federal Building and Property Disposal
Act of 2013, the Administrator, in consultation with the Director,
shall dispose of real property under the Federal Real Property Disposal
Pilot Program through a public auction.
``(c) Adding Properties to the Pilot Program.--Not later than 15
days after a property is disposed of under subsection (b), the
Administrator, in consultation with the Director, shall designate an
additional property, in accordance with subsection (a), to be disposed
of under the Federal Real Property Disposal Pilot Program.
``(d) Exceptions.--The Administrator shall not include for purposes
of the Federal Real Property Pilot Program any of the following types
of property:
``(1) A parcel of real property, building, or other
structure located on such real property that is to be closed or
realigned under the Defense Base Closure and Realignment Act of
1990 (10 U.S.C. 2687 note).
``(2) Properties that are excluded for reasons of national
security by the Director of the Office of Management and
Budget.
``(3) Indian and Native Eskimo properties including--
``(A) any property within the limits of any Indian
reservation to which the United States owns title; and
``(B) any property title which is held in trust by
the United States for the benefit of any Indian tribe
or individual or held by an Indian tribe or individual
subject to restriction by the United States against
alienation.
``(4) Properties operated and maintained by the Tennessee
Valley Authority pursuant to the Tennessee Valley Authority Act
of 1933 (16 U.S.C. 831 et seq.).
``(5) Postal properties owned by the United States Postal
Service.
``(6) Properties used in connection with river, harbor,
flood control, reclamation, or power projects.
``(7) Properties that the Administrator has determined are
suitable for assignment to the Secretary of the Interior for
transfer to a State, a political subdivision or instrumentality
of a State, or a municipality for use as a public park or
recreation area under section 550(e) of this title. In making
such determination, the Administrator may consider the
appraised value of the property and the highest and best use.
``(8) Properties used, as of the date of the enactment of
this subchapter, in connection with Federal programs for
recreational and conservation purposes, including research for
such programs.
``(e) GAO Report.--Not later than 24 months after the date of the
enactment of this subchapter, the Comptroller General of the United
States shall submit to Congress and make publicly available a study of
the effectiveness of the Federal Real Property Pilot Program.
``(f) Termination.--The Federal Real Property Disposal Pilot
Program shall terminate on the date that is five years after the date
of the enactment of the Excess Federal Building and Property Disposal
Act of 2013.
``Sec. 622. Selection of real properties
``The head of each executive agency shall recommend properties to
the Director for disposal under the Federal Real Property Pilot
Program. The Director, in consultation with the Administrator, shall
then select properties for disposal under the pilot program and notify
the recommending executive agency accordingly.
``Sec. 623. Expedited disposal requirements
``(a) Expedited Disposal of Real Property Defined.--For purposes of
this subchapter, an `expedited disposal of real property' is the sale
of real property for cash that is conducted pursuant to the
requirements of section 545(a) of this title.
``(b) Fair Market Value Requirement.--Real property sold under the
Federal Real Property Pilot Program may not be sold at less than the
fair market value as determined by the Administrator, in consultation
with the Director. Costs associated with disposal may not exceed the
fair market value of the property unless the Director approves
incurring such costs.
``(c) Monetary Proceeds Requirement.--Real property shall be sold
under the Federal Real Property Pilot Program only if the property will
generate monetary proceeds to the Federal Government, as provided in
subsection (b). A disposal of real property under the Federal Real
Property Pilot Program may not include any exchange, trade, transfer,
acquisition of like-kind property, or other non-cash transaction as
part of the disposal.
``(d) Rule of Construction.--Nothing in this subchapter shall be
construed as terminating or in any way limiting authorities that are
otherwise available to agencies under other provisions of law to
dispose of Federal real property, except as provided in subsection (e).
``(e) Exemption From Certain Requirements.--Any expedited disposal
of a real property conducted under this subchapter shall not be subject
to--
``(1) subchapter IV of this chapter;
``(2) sections 550 and 553 of this title;
``(3) section 501 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11411);
``(4) any other provision of law authorizing the no-cost
conveyance of real property owned by the Federal Government; or
``(5) any congressional notification requirement other than
that in section 545 of this title.
``Sec. 624. Special rules for deposit and use of proceeds from
expedited disposals
``The proceeds from an expedited disposal of real property under
this subchapter shall be deposited into the General Fund of the
Treasury. Two percent of such proceeds is authorized to be appropriated
until expended to fund the grant program under section 625.
``Sec. 625. Homeless assistance grants
``(a) Grant Authority.--To the extent amounts are made available
pursuant to section 624 for use under this section, the Secretary of
Housing and Urban Development shall make grants to eligible private
nonprofit organizations under subsection (b) to purchase property
suitable for use to assist the homeless as provided in subsection (c).
``(b) Eligible Grantees.--To be eligible to receive a grant under
subsection (a), a private nonprofit organization shall be a
representative of the homeless, as such term is defined in section
501(i)(4) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11411(i)(4)).
``(c) Use of Properties for Housing or Shelter for the Homeless.--
``(1) Eligible uses.--A nonprofit organization that
receives a grant under subsection (a) shall use the amounts
received under such grant only to acquire or rehabilitate real
property for use to provide permanent housing (as such term is
defined in section 401 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360)), transitional housing (as
such term is defined in such section 401), or temporary
shelter, for persons who are homeless.
``(2) Term of use.--The Secretary of Housing and Urban
Development may not make a grant under subsection (a) to a
private nonprofit organization unless the organization provides
the Secretary with such assurances as the Secretary determines
necessary to ensure that any property acquired or rehabilitated
using the amounts received under such grant is used only as
provided in paragraph (1) of this subsection for a period of
not fewer than 15 years.
``(d) Preference.--In awarding grants under subsection (a), the
Secretary of Housing and Urban Development shall give preference for
such grants to private nonprofit organizations that operate within
areas in which Federal real property is being sold under the Federal
Real Property Disposal Pilot Program under this subchapter.
``(e) Nonprofit Organization.--For purposes of this section, the
following definitions shall apply:
``(1) Homeless.--The term `homeless' has the meaning given
such term in section 103 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302(a)), except that subsection (c)
of such section shall not apply for purposes of this section.
``(2) Private nonprofit organization.--The term `private
nonprofit organization' has the meaning given such term in
section 401 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11360).
``(f) Regulations.--The Secretary of Housing and Urban Development
may issue any regulations necessary to carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of subtitle I of title 40, United States Code, is amended by
inserting after the item relating to section 611 the following:
``subchapter vii--expedited disposal of real property
``621. Federal real property disposal pilot program.
``622. Selection of real properties.
``623. Expedited disposal requirements.
``624. Special rules for deposit and use of proceeds from expedited
disposals.
``625. Homeless assistance grants.''.
SEC. 3. DUTIES OF THE GENERAL SERVICES ADMINISTRATION AND EXECUTIVE
AGENCIES.
(a) In General.--Section 524 of title 40, United States Code, is
amended to read as follows:
``Sec. 524. Duties of the General Services Administration and executive
agencies
``(a) Duties of the General Services Administration.--
``(1) Guidance.--Not later than 6 months after the date of
the enactment of this section, and when necessary thereafter,
the Administrator of General Services shall issue guidance for
the development and implementation of executive agency real
property plans. Such guidance shall include recommendations
on--
``(A) how to identify excess properties;
``(B) how to evaluate the costs and benefits
associated with disposing of real property;
``(C) how to prioritize disposal decisions based on
agency missions and anticipated future need for
holdings; and
``(D) how best to dispose of those properties
identified as excess to meet the needs of the agency.
``(2) Assistance.--The Administrator shall assist executive
agencies in the identification and disposal 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 excess
property; and
``(E) transfer or dispose of excess property as
promptly as possible in accordance with authority
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 property plan in
order to identify properties to declare as excess using
the guidance issued under subsection (a)(1);
``(B) identify and categorize all real property
owned, leased, or otherwise managed by the agency;
``(C) establish adequate goals and incentives to
reduce excess real property in such agency's inventory;
and
``(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 reported as excess.
``(3) Additional requirements.--Each executive agency, as
far as practicable, shall--
``(A) reassign property to another activity within
the agency when the property is no longer required for
the purposes of the appropriation used to make the
purchase;
``(B) transfer excess property under its control to
other Federal agencies and to organizations 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.''.
(c) GSA Report.--
(1) In general.--Not later than three years after the date
of the enactment of this Act, the Administrator of General
Services shall submit a report to the Committee on Oversight
and Government Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate on the implementation of section 524, as amended by
subsection (a), and each of the following:
(A) The efforts of each executive agency to reduce
such agency's real property assets, based on data
submitted from such agency.
(B) For each excess and surplus real property
facility/installation disposed of, an indication of--
(i) the date and method of disposal;
(ii) the proceeds obtained from the
disposition of such property;
(iii) the amount of time required to fully
dispose of excess and surplus real property
under the custody and control of all executive
agencies; and
(iv) the cost to dispose of surplus and
excess real property under the custody and
control of all executive agencies.
(2) Definitions.--The terms ``excess property'',
``executive agency'', and ``surplus property'' have the
meanings given those terms in section 102 of title 40, United
States Code.
SEC. 4. 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) of
this subparagraph, the Administrator may obligate an
amount to pay the direct and indirect costs related 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 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
use, sale, lease, exchange, or otherwise, including
through leaseback arrangements or service agreements.
``(v) Nothing in this subparagraph is intended to
affect subparagraph (D).''.
SEC. 5. 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 or above
appraised fair market value for cash and not by lease,
exchange, leaseback arrangements, or service agreements.
``(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 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 certain non-profit
institutions or organizations pursuant to this section and sections 550
and 554 of this title.''.
SEC. 6. 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.--
``(1) Deposit of net proceeds.--Net 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 at the time the real
property is determined to be excess.
``(2) Expenditure of net proceeds.--The net proceeds
deposited pursuant to paragraph (1) may only be expended as
authorized in annual appropriations Acts, for activities
described in sections 543 and 545 of this title, including
paying costs incurred by the General Services Administration
for any disposal-related activity authorized by this title.
``(3) Deficit reduction.--Any net proceeds described in
subsection (d) from the sale, lease, or other disposition of
surplus real property that are not expended under paragraph (2)
shall be used for deficit reduction.
``(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 Property.--For the purposes of
this section, for any real property that reverts to the United States
under sections 550 and 553 of this title, the General Services
Administration, 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 described in this subsection
are proceeds under this chapter, less expenses of the transfer or
disposition as provided in section 572(a) of this title, from a--
``(1) transfer of excess real property to a Federal agency
for agency use; or
``(2) sale, lease, or other disposition of surplus real
property.
``(e) Proceeds From Transfer or Sale of Personal Property.--
``(1) In general.--Except as otherwise provided in this
subchapter, proceeds described in paragraph (2) shall be
deposited in the Treasury as miscellaneous receipts.
``(2) Proceeds.--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
surplus personal property.
``(3) Payment of expenses of sale before deposit.--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 deposited 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. 7. FEDERAL REAL PROPERTY DATABASE.
(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:
``Sec. 530. Federal real property database
``(a) Database Required.--Not later than one year after the date of
the enactment of this section, the Administrator of General Services
shall publish a single, comprehensive, and descriptive database of all
Federal real property under the custody and control of all executive
agencies, other than Federal real property excluded for reasons of
national security, in accordance with subsection (b).
``(b) Required Information for Database.--The Administrator shall
collect from the head of each executive agency descriptive information,
except for classified information, of the nature, use, and extent of
the Federal real property of each such agency, including the following:
``(1) The geographic location of each Federal real property
of each such agency, including the address and description for
each such property.
``(2) The total size of each Federal real property of each
such agency, including square footage and acreage of each such
property.
``(3) The relevance of each Federal real property to the
agency's mission.
``(4) The level of use of each Federal real property for
each such agency, including whether such property is excess,
surplus, underutilized, or unutilized.
``(5) The number of days each Federal real property is
designated as excess, surplus, underutilized, or unutilized.
``(6) The annual operating costs of each Federal real
property.
``(7) The replacement value of each Federal real property.
``(c) Access to Database.--
``(1) Federal agencies.--The Administrator shall, in
consultation with the Director of the Office of Management and
Budget, make the database established and maintained under this
section available to other Federal agencies.
``(2) Public access.--To the extent consistent with
national security, the database shall be accessible by the
public at no cost through the Web site of the General Services
Administration.
``(d) Transparency of Database.--To the extent practicable, the
Administrator shall ensure that the database--
``(1) uses an open, machine-readable format;
``(2) permits users to search and sort Federal real
property data; and
``(3) includes a means to download a large amount of
Federal real property data and a selection of such data
retrieved using a search.
``(e) Applicability.--Nothing in this section may be construed to
require an agency to make available to the public information that is
exempt from disclosure pursuant to section 552(b) of title 5.''.
(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. Federal real property database.''.
SEC. 8. SUSTAINABLE DISPOSAL OF PROPERTY.
(a) In General.--Subchapter III of chapter 5 of title 40, United
States Code, is amended by adding at the end the following new section:
``Sec. 560. Sustainable disposal of property
``The head of each Federal agency shall divert at least 50 percent
of construction and demolition materials and debris by the end of
fiscal year 2015.''.
(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 559 the following new item:
``560. Sustainable disposal of property.''.
SEC. 9. STREAMLINING THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
Section 501 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11411) is amended--
(1) in subsection (a), by adding at the end the following
new sentence: ``Agencies shall not be required to submit
information to the Secretary regarding properties located in an
area for which the general public is denied access in the
interest of national security.'';
(2) in subsection (c)(1)(A), by striking ``in the Federal
Register'' and inserting the following: ``on the Web site of
the Department of Housing and Urban Development or the General
Services Administration''; and
(3) in subsection (d)(3), by adding at the end the
following new sentence: ``If no such review of the
determination is requested within the 20-day period, such
property will not be included in subsequent publications unless
the landholding agency reclassifies the property as available
and the Secretary subsequently determines the property is
suitable.''.
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