[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 665 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 665


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2012

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
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 2012''.

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 2012, 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 2012.
``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 website 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 website 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.''.

            Passed the House of Representatives March 20, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.