[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2178 Reported in Senate (RS)]

                                                       Calendar No. 555
112th CONGRESS
  2d Session
                                S. 2178

                          [Report No. 112-241]

To require the Federal Government to expedite the sale of underutilized 
                         Federal real property.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2012

 Mr. Carper (for himself, Mr. Portman, Mr. Pryor, Mr. Coburn, and Mr. 
    Begich) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                           November 27, 2012

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To require the Federal Government to expedite the sale of underutilized 
                         Federal real property.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Real Property Asset 
Management Reform Act of 2012''.</DELETED>

<DELETED>SEC. 2. SALE OF EXCESS FEDERAL PROPERTY.</DELETED>

<DELETED>    (a) In General.--Chapter 5 of subtitle I of title 40, 
United States Code, is amended by adding at the end the 
following:</DELETED>

         <DELETED>``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL 
                           PROPERTY</DELETED>

<DELETED>``Sec. 621. Definitions</DELETED>
<DELETED>    ``In this subchapter:</DELETED>
        <DELETED>    ``(1) Administrator.--The term `Administrator' 
        means the Administrator of General Services.</DELETED>
        <DELETED>    ``(2) Council.--The term `Council' means the 
        Federal Real Property Council established by section 
        623(a).</DELETED>
        <DELETED>    ``(3) Director.--The term `Director' means the 
        Director of the Office of Management and Budget.</DELETED>
        <DELETED>    ``(4) Landholding agency.--The term `landholding 
        agency' means a landholding agency (as defined in section 
        501(i) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11411(i))).</DELETED>
        <DELETED>    ``(5) Underutilized property.--</DELETED>
                <DELETED>    ``(A) In general.--The term `underutilized 
                property' means a parcel of property under the 
                administrative jurisdiction of the Federal Government 
                that is--</DELETED>
                        <DELETED>    ``(i) excess;</DELETED>
                        <DELETED>    ``(ii) surplus;</DELETED>
                        <DELETED>    ``(iii) underperforming; 
                        or</DELETED>
                        <DELETED>    ``(iv) otherwise not meeting the 
                        needs of the Federal Government, as determined 
                        by the Director.</DELETED>
                <DELETED>    ``(B) Exclusion.--The term `underutilized 
                property' does not include--</DELETED>
                        <DELETED>    ``(i) any parcel of real property, 
                        and any building or other structure located on 
                        real property, that is to be closed or 
                        realigned under the Defense Authorization 
                        Amendments and Base Closure and Realignment Act 
                        (10 U.S.C. 2687 note; Public Law 100-
                        526);</DELETED>
                        <DELETED>    ``(ii) any property that is 
                        excluded for reasons of national security by 
                        the Director or by the Secretary of 
                        Defense;</DELETED>
                        <DELETED>    ``(iii) any public lands (as 
                        defined in section 203 of the Public Lands 
                        Corps Act of 1993 (16 U.S.C. 1722)) 
                        administered by--</DELETED>
                                <DELETED>    ``(I) the Secretary of the 
                                Interior, acting through the Director 
                                of the Bureau of Land Management, the 
                                Director of the National Park Service, 
                                or the Commissioner of Reclamation; 
                                or</DELETED>
                                <DELETED>    ``(II) the Secretary of 
                                Agriculture, acting through the Chief 
                                of the Forest Service;</DELETED>
                        <DELETED>    ``(iv) any Indian lands (as 
                        defined in section 203 of the Public Lands 
                        Corps Act of 1993 (16 U.S.C. 1722));</DELETED>
                        <DELETED>    ``(v) any properties operated and 
                        maintained by the Tennessee Valley 
                        Authority;</DELETED>
                        <DELETED>    ``(vi) any properties located 
                        outside the United States that are operated or 
                        maintained by the Department of State or the 
                        United States Agency for International 
                        Development;</DELETED>
                        <DELETED>    ``(vii) any properties that are 
                        excepted from the definition of `property' 
                        under section 102; or</DELETED>
                        <DELETED>    ``(viii) any properties under the 
                        custody and control of the United States Postal 
                        Service, unless otherwise specified in this 
                        subchapter.</DELETED>
<DELETED>``Sec. 622. Duties of landholding agencies</DELETED>
<DELETED>    ``Each landholding agency shall--</DELETED>
        <DELETED>    ``(1) maintain adequate inventory controls and 
        accountability systems for property under the control of the 
        agency;</DELETED>
        <DELETED>    ``(2) define current and future workforce 
        projections so as to have the capacity to assess the needs of 
        the Federal workforce regarding the use of Federal real 
        property;</DELETED>
        <DELETED>    ``(3) continuously survey property under the 
        control of the agency to identify underutilized 
        property;</DELETED>
        <DELETED>    ``(4) promptly report underutilized property to 
        the Administrator;</DELETED>
        <DELETED>    ``(5) establish goals that lead the agency to 
        reduce underutilized property in the inventory of the 
        agency;</DELETED>
        <DELETED>    ``(6) reassign underutilized property to another 
        activity within the agency if the property is no longer 
        required for purposes of the appropriation used to make the 
        purchase;</DELETED>
        <DELETED>    ``(7) transfer underutilized property under the 
        control of the agency to other Federal agencies and to 
        organizations specified in section 321(c)(2);</DELETED>
        <DELETED>    ``(8) obtain underutilized properties from other 
        Federal agencies to meet mission needs before acquiring non-
        Federal property; and</DELETED>
        <DELETED>    ``(9) adopt workplace practices, configurations, 
        and management techniques that can achieve increased levels of 
        productivity and decrease the need for real property 
        assets.</DELETED>
<DELETED>``Sec. 623. Establishment of a Federal Real Property 
              Council</DELETED>
<DELETED>    ``(a) Establishment.--There is established within the 
Office of Management and Budget a council to be known as the `Federal 
Real Property Council'.</DELETED>
<DELETED>    ``(b) Purpose.--The purpose of the Council shall be to 
develop guidance for the asset management program of each executive 
agency.</DELETED>
<DELETED>    ``(c) Composition.--</DELETED>
        <DELETED>    ``(1) In general.--The Council shall be composed 
        exclusively of--</DELETED>
                <DELETED>    ``(A) the senior real property officers of 
                each executive agency;</DELETED>
                <DELETED>    ``(B) the Deputy Director for Management 
                of the Office of Management and Budget;</DELETED>
                <DELETED>    ``(C) the Controller of the Office of 
                Management and Budget;</DELETED>
                <DELETED>    ``(D) the Administrator; and</DELETED>
                <DELETED>    ``(E) any other full-time or permanent 
                part-time Federal officials or employees, as the 
                Chairperson determines to be necessary.</DELETED>
        <DELETED>    ``(2) Chairperson.--The Deputy Director for 
        Management of the Office of Management and Budget shall serve 
        as Chairperson of the Council.</DELETED>
        <DELETED>    ``(3) Administrative support.--The Office of 
        Management and Budget shall provide funding and administrative 
        support for the Council, as appropriate.</DELETED>
<DELETED>    ``(d) Duties.--The Council, in consultation with the 
Director and the Administrator, shall--</DELETED>
        <DELETED>    ``(1) establish an asset management plan, to be 
        updated annually, which shall include performance measures to 
        determine the effectiveness of Federal real property management 
        that are designed--</DELETED>
                <DELETED>    ``(A) to enable Congress and heads of 
                landholding agencies to track progress in the 
                achievement of property management objectives on a 
                government-wide basis; and</DELETED>
                <DELETED>    ``(B) allow for comparison of the 
                performance of landholding agencies against industry 
                and other public sector agencies in terms of 
                performance;</DELETED>
        <DELETED>    ``(2) in developing and implementing the 
        performance measures described in paragraph (1), use existing 
        data sources and automated data collection tools;</DELETED>
        <DELETED>    ``(3) not later than 90 days after the date of 
        enactment of this subchapter, submit to the Committees on 
        Environment and Public Works and Homeland Security and 
        Governmental Affairs of the Senate and the Committees on 
        Transportation and Infrastructure and Oversight and Government 
        Reform of the House of Representatives a report that contains--
        </DELETED>
                <DELETED>    ``(A) an analysis of the existing 
                inventory of Federal civilian real properties and the 
                condition of those assets, including data relating to--
                </DELETED>
                        <DELETED>    ``(i) the age and condition of the 
                        property;</DELETED>
                        <DELETED>    ``(ii) the size in square footage 
                        and acreage;</DELETED>
                        <DELETED>    ``(iii) the geographical location, 
                        including an address and description;</DELETED>
                        <DELETED>    ``(iv) operating costs;</DELETED>
                        <DELETED>    ``(v) the history of capital 
                        expenditures;</DELETED>
                        <DELETED>    ``(vi) sustainability 
                        metrics;</DELETED>
                        <DELETED>    ``(vii) the number of Federal 
                        employees and functions housed in the 
                        respective property; and</DELETED>
                        <DELETED>    ``(viii) the relevance of each 
                        Federal real property to the mission of the 
                        landholding agency;</DELETED>
                <DELETED>    ``(B) an identification of properties that 
                can be removed from the Federal inventory and sold for 
                proceeds, transferred, or otherwise disposed of, so as 
                to reduce the civilian real property inventory and 
                operating costs of the Federal Government;</DELETED>
                <DELETED>    ``(C) a list of civilian real property 
                assets that are agency field offices that are suitable 
                for co-location into another Federal civilian real 
                property asset;</DELETED>
                <DELETED>    ``(D) an evaluation of the leasing process 
                in effect as of the date of submission of the report to 
                identify and document inefficiencies in that 
                process;</DELETED>
                <DELETED>    ``(E) a suggested strategy to reduce the 
                reliance of landholding agencies on leased space for 
                long-term needs if ownership would be less costly; 
                and</DELETED>
                <DELETED>    ``(F) an assessment of domestically held, 
                federally leased space, including--</DELETED>
                        <DELETED>    ``(i) a description of the overall 
                        quantity and type of space leased by 
                        landholding agencies; and</DELETED>
                        <DELETED>    ``(ii) an identification of 
                        current contracts for leased office space in 
                        which the leased space is not fully used or 
                        occupied (including a plan for subletting of 
                        unoccupied space);</DELETED>
        <DELETED>    ``(4) not later than 120 days after the date of 
        enactment of this subchapter, and annually thereafter, submit 
        to the Director, for the year covered by the report--</DELETED>
                <DELETED>    ``(A) all underutilized property under the 
                jurisdiction of each landholding agency;</DELETED>
                <DELETED>    ``(B) an asset disposal plan, or an update 
                of an asset disposal plan, that includes an annual goal 
                established under section 622(5) to be used by 
                landholding agencies in reducing, by not later than 2 
                years after the date of enactment of this subchapter, 
                underutilized real property in the inventory of the 
                Federal Government;</DELETED>
                <DELETED>    ``(C) the number of real property 
                disposals completed, including the disposal method used 
                for each individual real property; and</DELETED>
                <DELETED>    ``(D) specific milestones, measurable 
                savings, and evaluation criteria for the disposal of 
                real property under this subchapter;</DELETED>
        <DELETED>    ``(5) in accordance with subsection (e), identify 
        and compile a list of civilian real property assets that are 
        agency field offices that are suitable for co-location into 
        other Federal civilian real property assets; and</DELETED>
        <DELETED>    ``(6)(A) review contracts for leased office space 
        that are in effect as of the date of submission of the report; 
        and</DELETED>
        <DELETED>    ``(B) work with landholding agencies to 
        renegotiate leases having at least 2 years remaining in the 
        term of the leases to recognize potential cost savings as 
        quickly as practicable.</DELETED>
<DELETED>    ``(e) Co-Location Among Postal Service Properties.--
</DELETED>
        <DELETED>    ``(1) Definitions.--In this subsection:</DELETED>
                <DELETED>    ``(A) Agency field office.--The term 
                `agency field office' means the field office of a 
                landholding agency.</DELETED>
                <DELETED>    ``(B) Postal property.--The term `Postal 
                property' means real property owned by the United 
                States Postal Service.</DELETED>
        <DELETED>    ``(2) Identification of real property assets.--
        Each year, the Council shall--</DELETED>
                <DELETED>    ``(A) identify and compile a list of 
                agency field offices that are suitable for co-location 
                with another Federal civilian real property asset; 
                and</DELETED>
                <DELETED>    ``(B) submit the list to the Director of 
                the Office of Management and Budget and the Postmaster 
                General.</DELETED>
        <DELETED>    ``(3) Postal property.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 30 days 
                after the completion of the list under paragraph (2), 
                the Director of the Office of Management and Budget, in 
                collaboration with the Postmaster General, shall 
                identify agency field offices on the list that are 
                within reasonable distance of a Postal 
                property.</DELETED>
                <DELETED>    ``(B) Reasonable distance.--For purposes 
                of this paragraph, an agency field office shall be 
                considered within reasonable distance of a Postal 
                property if the office would be able to fulfill the 
                mission of the office if the office is located at the 
                Postal property.</DELETED>
                <DELETED>    ``(C) Review by postal service.--Not later 
                than 90 days after the receipt of the list submitted 
                under paragraph (2)(B), the Postmaster General shall--
                </DELETED>
                        <DELETED>    ``(i) review the list; 
                        and</DELETED>
                        <DELETED>    ``(ii) submit to the Director of 
                        the Office of Management and Budget a report 
                        containing the conclusions of the 
                        review.</DELETED>
        <DELETED>    ``(4) Terms of co-location.--On approval of the 
        recommendations under paragraph (3) by the Postmaster General 
        and the applicable agency head, the co-location of a Postal 
        property and an agency field office shall consist of the 
        Executive agency that owns or leases the agency field office 
        entering into a lease for space within the Postal property with 
        United States Postal Service that has--</DELETED>
                <DELETED>    ``(A) an initial lease term of not less 
                than 5 years;</DELETED>
                <DELETED>    ``(B) a cost that is within 5 percent of 
                the prevailing market lease rate for a similarly 
                situated space identified under this 
                subsection.</DELETED>
<DELETED>    ``(f) OMB Scorecard.--The Director shall prepare an annual 
scorecard measuring the success of each landholding agency in achieving 
savings under this subchapter.</DELETED>
<DELETED>``Sec. 624. Limitation on certain leasing 
              authorities</DELETED>
<DELETED>    ``(a) In General.--Notwithstanding any other provision of 
this subchapter, a landholding agency with independent leasing 
authority shall--</DELETED>
        <DELETED>    ``(1) obtain congressional approval for all leases 
        requiring a prospectus under section 3307;</DELETED>
        <DELETED>    ``(2) acquire space at rates consistent with 
        prevailing market rates for comparable facilities within the 
        specified geographical area; and</DELETED>
        <DELETED>    ``(3) not later than 180 days after the date of 
        enactment of this subchapter and annually thereafter, submit to 
        the Administrator a report that describes the use of the 
        independent leasing authority during the period covered by the 
        report.</DELETED>
<DELETED>    ``(b) Subleasing.--The head of a landholding agency may by 
lease, permit, license, or similar instrument make available to State 
and local governments the unexpired portion of any government lease for 
real property if the head of the landholding agency determines that the 
property is underutilized.</DELETED>
<DELETED>``Sec. 625. Database</DELETED>
<DELETED>    ``The Administrator shall--</DELETED>
        <DELETED>    ``(1) not later than 1 year after the date of 
        enactment of this subchapter, establish and maintain a single, 
        comprehensive, and descriptive database of all real property 
        under the custody and control of all landholding branch 
        agencies, except when otherwise required for reasons of 
        national security;</DELETED>
        <DELETED>    ``(2) collect from each landholding agency such 
        descriptive information (except for classified information) as 
        the Administrator determines will best describe the nature, 
        use, and extent of real property holdings for the Federal 
        Government; and</DELETED>
        <DELETED>    ``(3) to the extent consistent with national 
        security, make the database established under paragraph (1) 
        accessible to the public at no cost through the website of the 
        General Services Administration.</DELETED>
<DELETED>``Sec. 626. Expedited disposal program</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Required disposal.--</DELETED>
                <DELETED>    ``(A) In general.--On an annual basis, the 
                Director shall require landholding agencies to dispose 
                of, by sale, transfer, or other means of disposal, any 
                real property determined by the Director to be 
                underutilized property under the goal established under 
                section 622(5).</DELETED>
                <DELETED>    ``(B) Fair market value requirement.--
                Underutilized property required to be disposed of under 
                subparagraph (A) may not be sold for less than the fair 
                market value, as determined by the Administrator, in 
                consultation with the head of the applicable executive 
                agency.</DELETED>
                <DELETED>    ``(C) Monetary proceeds requirement.--
                </DELETED>
                        <DELETED>    ``(i) In general.--Underutilized 
                        property may be sold under this section only if 
                        disposal of the property will generate monetary 
                        proceeds to the Federal Government that exceed 
                        the costs of disposal of the 
                        property.</DELETED>
                        <DELETED>    ``(ii) Prohibitions on noncash 
                        transactions.--A disposal of real property 
                        under this section may not include any 
                        exchange, trade, transfer, acquisition of the 
                        like-kind property, or other noncash 
                        transaction as part of the disposal.</DELETED>
        <DELETED>    ``(2) Website.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B), the Administrator shall ensure that 
                all real properties selected for disposal under this 
                section are listed on a website that shall--</DELETED>
                        <DELETED>    ``(i) be updated routinely; 
                        and</DELETED>
                        <DELETED>    ``(ii) include the functionality 
                        to allow any member of the public, at the 
                        option of the member, to receive updates of the 
                        list through electronic mail.</DELETED>
                <DELETED>    ``(B) National security exemption.--The 
                Director or the Secretary of Defense may, for purposes 
                of national security, exclude from listing on the 
                website under subparagraph (A) any real property 
                selected for disposal under this section.</DELETED>
        <DELETED>    ``(3) Applicability of certain law.--Any expedited 
        disposal of a real property conducted under this section shall 
        not be subject to--</DELETED>
                <DELETED>    ``(A) any section of An Act Authorizing 
                the Transfer of Certain Real Property for Wildlife, or 
                other Purposes (16 U.S.C. 667b);</DELETED>
                <DELETED>    ``(B) sections 107 and 317 of title 
                23;</DELETED>
                <DELETED>    ``(C) sections 545(b)(8), 550, 553, 554, 
                and 1304(b) of this title;</DELETED>
                <DELETED>    ``(D) section 501 of the McKinney-Vento 
                Homeless Assistance Act (42 U.S.C. 11411);</DELETED>
                <DELETED>    ``(E) section 47151 of title 49;</DELETED>
                <DELETED>    ``(F) section 13(d) of the Surplus 
                Property Act of 1944 (50 U.S.C. App. 
                1622(d));</DELETED>
                <DELETED>    ``(G) any other provision of law 
                authorizing the conveyance of real property owned by 
                the Federal Government for no consideration; 
                or</DELETED>
                <DELETED>    ``(H) any congressional notification 
                requirement other than that in section 545 of this 
                title.</DELETED>
<DELETED>    ``(b) Use of Proceeds.--</DELETED>
        <DELETED>    ``(1) In general.--Of the proceeds received from 
        the disposal of any real property under this subchapter--
        </DELETED>
                <DELETED>    ``(A) not less than 80 percent shall be 
                returned to the general fund of the Treasury for debt 
                reduction;</DELETED>
                <DELETED>    ``(B) the lesser of 18 percent or the 
                share of proceeds otherwise authorized to be retained 
                under law shall be retained by landholding agencies, 
                subject to paragraphs (2) and (3);</DELETED>
                <DELETED>    ``(C) not more than 2 percent shall be 
                made available to carry out section 627, subject to 
                annual appropriations; and</DELETED>
                <DELETED>    ``(D) any remaining share of the proceeds 
                shall be returned to the general fund of the Treasury 
                for debt reduction.</DELETED>
        <DELETED>    ``(2) Limitation on use of proceeds.--Any proceeds 
        retained by landholding agencies under this section shall be--
        </DELETED>
                <DELETED>    ``(A) deposited into the appropriate real 
                property account of the agency that had custody and 
                accountability for the real property, with the funds 
                expended only as authorized in annual appropriations 
                Acts;</DELETED>
                <DELETED>    ``(B) used--</DELETED>
                        <DELETED>    ``(i) by not later than 1 year 
                        after the date of disposal of the real 
                        property; and</DELETED>
                        <DELETED>    ``(ii) only for activities 
                        relating to Federal real property asset 
                        management and disposal, including paying costs 
                        incurred by the General Services Administration 
                        for any disposal-related activity authorized by 
                        this title; and</DELETED>
                <DELETED>    ``(C) if not used by the date described in 
                subparagraph (A)(i), returned to the general fund of 
                the Treasury for debt reduction purposes.</DELETED>
        <DELETED>    ``(3) Postal property proceeds.--The proceeds 
        resulting from the disposal of any property owned by the United 
        States Postal Service shall be deposited in the Postal Service 
        Fund established under section 2003 of title 39.</DELETED>
<DELETED>    ``(c) Public Benefit.--</DELETED>
        <DELETED>    ``(1) Conveyance.--If an underutilized property 
        has not been disposed of by the date that is 3 years after the 
        date of designation of the property as underutilized, the 
        Director, in consultation with the Administrator and the 
        Secretary of Housing and Urban Development, may consider a 
        request from the disposing agency that the underutilized 
        property be conveyed to State and local governments or 
        nonprofit organizations for various public purposes or uses as 
        permitted by applicable law.</DELETED>
        <DELETED>    ``(2) Predominant use and size standards.--
        Underutilized property the predominant use of which is other 
        than housing, and the area of which is equal to or greater than 
        25,000 square feet or the fair market value of which exceeds 
        $2,000,000, shall be considered to be unsuitable for disposal 
        under this subsection.</DELETED>
<DELETED>    ``(d) Enforcement.--</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in paragraph 
        (3), if a landholding agency fails to make available for public 
        sale the underutilized properties described in subsection (a) 
        by the date that is 18 months after the date of a determination 
        by the Director under subsection (a), no landholding agency may 
        acquire any real property not under the administrative 
        jurisdiction of the Federal Government, by sale or lease, until 
        the Director submits a certification to Congress of the 
        disposal of all of those surplus real properties.</DELETED>
        <DELETED>    ``(2) Sequestration authority.--Except as provided 
        in paragraph (3), if a landholding agency fails to dispose of, 
        or make available for public sale, the underutilized properties 
        described in subsection (a) by the date that is 2 years after 
        the date of a determination by the Director under subsection 
        (a)--</DELETED>
                <DELETED>    ``(A) the Director shall order a 1-time 
                sequestration from the annual budget of the landholding 
                agency equal to 80 percent of the fair market value of 
                the underutilized property, with the sequestered funds 
                returned to the general fund of the Treasury for debt 
                reduction purposes; and</DELETED>
                <DELETED>    ``(B) the Director shall submit a 
                sequestration report to Committees on Budget, 
                Environment and Public Works, and Homeland Security and 
                Governmental Affairs of the Senate and the Committees 
                on Budget, Transportation and Infrastructure, and 
                Oversight and Government Reform of the House of 
                Representatives.</DELETED>
        <DELETED>    ``(3) Waiver.--Paragraphs (1) and (2) shall not 
        apply to a landholding agency if--</DELETED>
                <DELETED>    ``(A) the landholding agency submits to 
                the Director and the Committees on Environment and 
                Public Works and Homeland Security and Governmental 
                Affairs of the Senate and the Committees on 
                Transportation and Infrastructure and Oversight and 
                Government Reform of the House of Representatives a 
                written justification describing the reasons why the 
                surplus real properties described in subsection (a) 
                under the jurisdiction of the landholding agency were 
                not disposed of; and</DELETED>
                <DELETED>    ``(B) Congress enacts a law approving the 
                waiver.</DELETED>
        <DELETED>    ``(4) Report.--Not later than 1 year after the 
        date of enactment of this subchapter and annually thereafter, 
        the Council shall submit to the Director a report listing each 
        landholding agency that fails to meet the applicable 
        underutilized property reduction goal established under section 
        622(5), along with a list of the remaining underutilized 
        properties of the landholding agency.</DELETED>
<DELETED>    ``(e) Termination of Authority.--The authority provided by 
this section terminates on the date that is 7 years after the date of 
enactment of this subchapter.</DELETED>
<DELETED>``Sec. 627. Homeless assistance grants</DELETED>
<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Homeless.--The term `homeless' has the 
        meaning given the term in section 103 of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11302), except that 
        subsection (c) of that section shall not apply.</DELETED>
        <DELETED>    ``(2) Permanent housing.--The term `permanent 
        housing' has the meaning given the term section 401 of the 
        McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11360).</DELETED>
        <DELETED>    ``(3) Private nonprofit organization.--The term 
        `private nonprofit organization' has the meaning given the term 
        in section 401 of the McKinney-Vento Homeless Assistance Act 
        (42 U.S.C. 11360).</DELETED>
        <DELETED>    ``(4) Representative of the homeless.--The term 
        `representative of the homeless' has the meaning given the term 
        in section 501(i) of the McKinney-Vento Homeless Assistance Act 
        (42 U.S.C. 11411(i)).</DELETED>
        <DELETED>    ``(5) Secretary.--The term `Secretary' means the 
        Secretary of Housing and Urban Development.</DELETED>
        <DELETED>    ``(6) Transitional housing.--The term 
        `transitional housing' has the meaning given the term in 
        section 401 of the McKinney-Vento Homeless Assistance Act (42 
        U.S.C. 11360).</DELETED>
<DELETED>    ``(b) Grant Authority.--To the extent amounts are made 
available under section 626 for use under this section, the Secretary 
shall make grants to eligible private nonprofit organizations under 
subsection (c) through the continuum of care program established under 
subtitle C of title IV of the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11381 et seq.), to purchase property suitable for use to 
assist the homeless in accordance with subsection (d).</DELETED>
<DELETED>    ``(c) Eligible Grantees.--To be eligible to receive a 
grant under subsection (b), a private nonprofit organization shall be a 
representative of the homeless.</DELETED>
<DELETED>    ``(d) Use of Properties for Housing or Shelter for the 
Homeless.--</DELETED>
        <DELETED>    ``(1) Eligible uses.--A private nonprofit 
        organization that receives a grant under subsection (b) shall 
        use the amounts received only to acquire or rehabilitate real 
        property for use to provide permanent housing, transitional 
        housing, or temporary shelter to the homeless.</DELETED>
        <DELETED>    ``(2) Term of use.--The Secretary may not make a 
        grant under subsection (b) to a private nonprofit organization 
        unless the private nonprofit organization provides to the 
        Secretary such assurances as the Secretary determines necessary 
        to ensure that any property acquired or rehabilitated using 
        amounts received under a grant is used only for the uses 
        described in paragraph (1) for a period of not less than 15 
        years.</DELETED>
<DELETED>    ``(e) Preference.--In awarding grants under subsection 
(b), the Secretary shall give preference to private nonprofit 
organizations that operate within areas in which Federal real property 
is being sold under the disposal program authorized under section 
626.</DELETED>
<DELETED>    ``(f) Regulations.--The Secretary may promulgate such 
regulations as are necessary to carry out this section.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendment.--The table of 
sections for chapter 5 of subtitle I of title 40, United States Code, 
is amended by inserting after the item relating to section 611 the 
following:</DELETED>

     <DELETED>``subchapter vii--expedited disposal of real property

<DELETED>``Sec. 621. Definitions.
<DELETED>``Sec. 622. Duties of landholding agencies.
<DELETED>``Sec. 623. Establishment of a Federal Real Property Council.
<DELETED>``Sec. 624. Limitation on certain leasing authorities.
<DELETED>``Sec. 625. Database.
<DELETED>``Sec. 626. Expedited disposal program.
<DELETED>``Sec. 627. Homeless assistance grants.''.
<DELETED>    (c) Report of the Comptroller General.--Not later than 3 
years after the date of enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a report on the use by 
executive agencies of the authorities provided by this Act and 
amendments made by this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Real Property Asset 
Management Reform Act of 2012''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                   TITLE I--PROPERTY MANAGEMENT PLANS

Sec. 101. Expedited disposal of real property.

                  TITLE II--PROPERTY MANAGEMENT POLICY

Sec. 201. Property management policy.
Sec. 202. Consideration of life-cycle cost required.

                   TITLE I--PROPERTY MANAGEMENT PLANS

SEC. 101. EXPEDITED DISPOSAL OF REAL PROPERTY.

    Chapter 5 of subtitle I of title 40, United States Code, is amended 
by adding at the end the following:

         ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY

``Sec. 621. Definitions
    ``In this subchapter:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of General Services.
            ``(2) Council.--The term `Council' means the Federal Real 
        Property Council established by section 623(a).
            ``(3) Director.--The term `Director' means the Director of 
        the Office of Management and Budget.
            ``(4) Disposal.--The term `disposal' means any action that 
        constitutes the removal of any real property from the Federal 
        inventory, including sale, deed, demolition, or exchange.
            ``(5) Federal agency.--The term `Federal agency' means--
                    ``(A) an executive department or independent 
                establishment in the executive branch of the 
                Government; and
                    ``(B) a wholly owned Government corporation.
            ``(6) Real property.--
                    ``(A) In general.--The term `real property' means 
                any Federal real property asset.
                    ``(B) Inclusions.--The term `real property' 
                includes--
                            ``(i) Federal buildings (as defined in 
                        section 3301); and
                            ``(ii) occupied and improved grounds, 
                        leased space, or other physical structures 
                        under the custody and control of any Federal 
                        agency.
                    ``(C) Exclusions.--The terms `real property' does 
                not include--
                            ``(i) any military installation (as defined 
                        in section 2910 of the Defense Base Closure and 
                        Realignment Act of 1990 (10 U.S.C. 2687 note; 
                        Public Law 101-510));
                            ``(ii) any property that is excepted from 
                        the definition of the term `property' under 
                        section 102;
                            ``(iii) a designated wilderness study area 
                        or other areas managed for wilderness 
                        characteristics;
                            ``(iv) Indian and native Eskimo property 
                        held in trust by the Federal Government as 
                        described in section 3301(a)(5)(C)(iii);
                            ``(v) property operated and maintained by 
                        the Tennessee Valley Authority pursuant to the 
                        Tennessee Valley Authority Act of 1933 (16 
                        U.S.C. 831 et seq.);
                            ``(vi) postal property owned by the United 
                        States Postal Service; or
                            ``(vii) any property the Director excludes 
                        for reasons of national security.
            ``(7) Field office.--The term `field office' means any 
        office of a Federal agency that is not the headquarters office 
        location for the Federal agency.
            ``(8) Small business concern.--The term `small business 
        concern' has the meaning given the term in section 3 of the 
        Small Business Act (15 U.S.C. 632).
            ``(9) Underutilized property.--The term `underutilized 
        property' means any real property that is--
                    ``(A) excess;
                    ``(B) surplus;
                    ``(C) underperforming; or
                    ``(D) otherwise not meeting the needs of the 
                Federal Government, as determined by the Director.
``Sec. 622. Duties of Federal agencies
    ``Each Federal agency shall--
            ``(1) maintain adequate inventory controls and 
        accountability systems for real property under the control of 
        the agency;
            ``(2) define current and future workforce projections so as 
        to have the capacity to assess the needs of the Federal 
        workforce regarding the use of real property;
            ``(3) continuously survey real property under the control 
        of the agency to identify underutilized property;
            ``(4) promptly report underutilized property to the 
        Administrator;
            ``(5) establish goals that lead the agency to reduce 
        underutilized property in the inventory of the agency not later 
        than December 31, 2016;
            ``(6) reassign underutilized property to another activity 
        within the agency if the property is no longer required for 
        purposes of the appropriation used to make the purchase;
            ``(7) transfer underutilized property under the control of 
        the agency to other Federal agencies and to organizations 
        specified in section 321(c)(2);
            ``(8) obtain underutilized properties from other Federal 
        agencies to meet mission needs before acquiring non-Federal 
        property; and
            ``(9) adopt workplace practices, configurations, and 
        management techniques that can achieve increased levels of 
        productivity and decrease the need for real property assets.
``Sec. 623. Establishment of a Federal Real Property Council
    ``(a) Establishment.--There is established a Federal Real Property 
Council.
    ``(b) Purpose.--The purpose of the Council shall be to develop 
guidance for the asset management program of each Federal agency.
    ``(c) Composition.--
            ``(1) In general.--The Council shall be composed 
        exclusively of--
                    ``(A) the senior real property officers of each 
                executive agency;
                    ``(B) the Deputy Director for Management of the 
                Office of Management and Budget;
                    ``(C) the Controller of the Office of Management 
                and Budget;
                    ``(D) the Administrator; and
                    ``(E) any other full-time or permanent part-time 
                Federal officials or employees, as the Chairperson 
                determines to be necessary.
            ``(2) Chairperson.--The Deputy Director for Management of 
        the Office of Management and Budget shall serve as Chairperson 
        of the Council.
            ``(3) Administrative support.--The Office of Management and 
        Budget shall provide funding and administrative support for the 
        Council, as appropriate.
    ``(d) Duties.--The Council, in consultation with the Director and 
the Administrator, shall--
            ``(1) establish an asset management plan, to be updated 
        annually, which shall include performance measures to determine 
        the effectiveness of real property management that are 
        designed--
                    ``(A) to enable Congress and heads of Federal 
                agencies to track progress in the achievement of 
                property management objectives on a government-wide 
                basis; and
                    ``(B) allow for comparison of the performance of 
                Federal agencies against industry and other public 
                sector agencies in terms of performance;
            ``(2) develop standard use rates consistent throughout each 
        category of space and with nongovernmental space use rates;
            ``(3) not later than 180 days after the date of enactment 
        of this subchapter, and annually for a 5-year period 
        thereafter, submit to the Committees on Environment and Public 
        Works and Homeland Security and Governmental Affairs of the 
        Senate and the Committees on Transportation and Infrastructure 
        and Oversight and Government Reform of the House of 
        Representatives a report that contains--
                    ``(A) an analysis of the existing inventory of real 
                property and the condition of that property, including 
                data relating to--
                            ``(i) the age and condition of the 
                        property;
                            ``(ii) the size on the property in square 
                        footage and acreage;
                            ``(iii) the geographical location of the 
                        property, including an address and description;
                            ``(iv) operating costs associated with the 
                        property;
                            ``(v) the history of capital expenditures 
                        associated with the property;
                            ``(vi) sustainability metrics associated 
                        with the property;
                            ``(vii) the number of Federal employees and 
                        functions housed in the property; and
                            ``(viii) the relevance of each property to 
                        the mission of the Federal agency;
                    ``(B) a list of real property assets that are field 
                offices that are suitable for co-location into another 
                real property asset;
                    ``(C) an evaluation of the leasing process in 
                effect as of the date of submission of the report to 
                identify and document inefficiencies in that process;
                    ``(D) a suggested strategy to reduce the reliance 
                of Federal agencies on leased space for long-term needs 
                if ownership would be less costly; and
                    ``(E) an assessment of federally leased space, 
                including--
                            ``(i) a description of the overall quantity 
                        and type of space leased by Federal agencies; 
                        and
                            ``(ii) an identification of current 
                        contracts for leased office space in which the 
                        leased space is not fully used or occupied 
                        (including a plan for subletting of unoccupied 
                        space if appropriate);
                    ``(F) an analysis of all underutilized property 
                under the jurisdiction of each Federal agency that can 
                be removed from the Federal inventory and sold for 
                proceeds, transferred, or otherwise disposed of, so as 
                to reduce the civilian real property inventory and 
                associated operating costs of the Federal Government;
                    ``(G) an asset disposal plan, or an update of an 
                asset disposal plan, that includes an annual goal 
                established under section 622(5) to be used by Federal 
                agencies in reducing, by not later than 5 years after 
                the date of enactment of this subchapter, underutilized 
                property in the inventory of the Federal Government;
                    ``(H) the number of real property disposals 
                completed, including the disposal method used for each 
                individual real property; and
                    ``(I) specific milestones, measurable savings, and 
                evaluation criteria for the disposal of real property 
                under this subchapter;
            ``(4) in accordance with subsection (e), identify and 
        compile a list of real property assets that are field offices 
        that are suitable for co-location into other real property 
        assets; and
            ``(5)(A) review contracts for leased office space that are 
        in effect as of the date of submission of the report; and
            ``(B) work with Federal agencies to renegotiate leases 
        having at least 2 years remaining in the term of the leases to 
        recognize potential cost savings as quickly as practicable.
    ``(e) Co-Location Among Postal Service Properties.--
            ``(1) Definition of postal property.--In this subsection, 
        the term `Postal property' means any building owned by the 
        United States Postal Service.
            ``(2) Identification of real property assets.--Each year, 
        the Council shall--
                    ``(A) identify and compile a list of field offices 
                that are suitable for co-location with another real 
                property asset; and
                    ``(B) submit the list to the Director of the Office 
                of Management and Budget and the Postmaster General.
            ``(3) Postal property.--
                    ``(A) In general.--Not later than 30 days after the 
                completion of the list under paragraph (2), the 
                Director of the Office of Management and Budget, in 
                collaboration with the Postmaster General, shall 
                identify field offices on the list that are within 
                reasonable distance of a Postal property.
                    ``(B) Reasonable distance.--For purposes of this 
                paragraph, a field office shall be considered within 
                reasonable distance of a Postal property if the office 
                would be able to fulfill the mission of the office if 
                the office is located at the Postal property.
                    ``(C) Review by postal service.--Not later than 90 
                days after the receipt of the list submitted under 
                paragraph (3)(B), the Postmaster General shall--
                            ``(i) review the list; and
                            ``(ii) submit to the Director of the Office 
                        of Management and Budget a report containing 
                        the conclusions of the review.
            ``(4) Terms of co-location.--On approval of the 
        recommendations under paragraph (4) by the Postmaster General 
        and the applicable agency head, the co-location of a Postal 
        property and an field office shall consist of the Executive 
        agency that owns or leases the field office entering into a 
        lease for space within the Postal property with United States 
        Postal Service that has--
                    ``(A) an initial lease term of not less than 5 
                years;
                    ``(B) a cost that is within 5 percent of the 
                prevailing market lease rate for a similarly situated 
                space identified under this subsection.''.

                  TITLE II--PROPERTY MANAGEMENT POLICY

SEC. 201. PROPERTY MANAGEMENT POLICY.

    (a) In General.--Chapter 5 of subtitle I of title 40, United States 
Code (as amended by title I) is amended by adding at the end the 
following:
``Sec. 624. Database
    ``The Administrator shall--
            ``(1) not later than 1 year after the date of enactment of 
        this subchapter, establish and maintain a single, 
        comprehensive, and descriptive database of all real property 
        under the custody and control of all Federal branch agencies, 
        except when otherwise required for reasons of national 
        security;
            ``(2) collect from each Federal agency such descriptive 
        information (except for classified information) as the 
        Administrator determines will best describe the nature, use, 
        and extent of real property holdings for the Federal 
        Government; and
            ``(3) to the extent consistent with national security, make 
        the database established under paragraph (1) accessible to the 
        public at no cost through the website of the General Services 
        Administration.
``Sec. 625. Limitation on certain leasing authorities
    ``Notwithstanding any other provision of this subchapter, a Federal 
agency with independent leasing authority shall--
            ``(1) consult with the Administrator for all leases 
        requiring a prospectus under section 3307;
            ``(2) acquire space at rates consistent with prevailing 
        market rates for comparable facilities within the specified 
        geographical area; and
            ``(3) not later than 180 days after the date of enactment 
        of this subchapter and annually thereafter, submit to the 
        Administrator a report that describes the use of the 
        independent leasing authority during the period covered by the 
        report.
``Sec. 626. Expedited disposal program
    ``(a) In General.--
            ``(1) Required disposal.--
                    ``(A) In general.--On an annual basis, the Director 
                shall require Federal agencies to dispose of, by sale, 
                transfer, or other means of disposal, any real property 
                determined by the Director to be underutilized 
                property.
                    ``(B) Costs associated with disposal.--
                            ``(i) In general.--The Administrator may 
                        obligate an amount to pay any direct and 
                        indirect costs under section 572 related to 
                        identifying and preparing properties to be 
                        reported as excess by a Federal agency.
                            ``(ii) Reimbursement.--An amount obligated 
                        under clause (i) shall be paid from the 
                        proceeds of any sale of underutilized property.
                            ``(iii) Net proceeds.--Net proceeds shall 
                        be distributed under subsection (b).
                    ``(C) Maximum net proceeds.--Underutilized property 
                required to be disposed of by sale of under 
                subparagraph (A) shall be sold at an auction that, as 
                determined by the Administrator in consultation with 
                the head of the applicable Federal agency, is 
                structured and marketed to ensure the maximum amount of 
                net proceeds.
                    ``(D) Monetary proceeds requirement.--
                            ``(i) In general.--Underutilized property 
                        may be sold under this section only if disposal 
                        of the property will generate monetary proceeds 
                        to the Federal Government that exceed the costs 
                        of disposal of the property.
                            ``(ii) Prohibitions on noncash 
                        transactions.--A disposal of underutilized 
                        property under this section may not include any 
                        exchange, trade, transfer, acquisition of the 
                        like-kind property, or other noncash 
                        transaction as part of the disposal.
            ``(2) Applicability of certain law.--Any expedited disposal 
        of underutilized property conducted under this section shall 
        not be subject to--
                    ``(A) any section of An Act Authorizing the 
                Transfer of Certain Real Property for Wildlife, or 
                other Purposes (16 U.S.C. 667b);
                    ``(B) sections 107 and 317 of title 23;
                    ``(C) sections 545(b)(8), 550, 553, 554, and 
                1304(b) of this title;
                    ``(D) section 501 of the McKinney-Vento Homeless 
                Assistance Act (42 U.S.C. 11411);
                    ``(E) section 47151 of title 49;
                    ``(F) section 13(d) of the Surplus Property Act of 
                1944 (50 U.S.C. App. 1622(d));
                    ``(G) any other provision of law authorizing the 
                conveyance of real property owned by the Federal 
                Government for no consideration; or
                    ``(H) any congressional notification requirement 
                other than that in section 545 of this title.
    ``(b) Use of Proceeds.--
            ``(1) In general.--Of the proceeds received from the 
        disposal of any real property under this subchapter--
                    ``(A) not less than 80 percent shall be returned to 
                the general fund of the Treasury for debt reduction;
                    ``(B) the lesser of 18 percent or the share of 
                proceeds otherwise authorized to be retained under law 
                shall be retained by Federal agencies, subject to 
                paragraph (2);
                    ``(C) not more than 2 percent shall be made 
                available to carry out section 627, subject to annual 
                appropriations; and
                    ``(D) any remaining share of the proceeds shall be 
                returned to the general fund of the Treasury for 
                Federal budget deficit reduction.
            ``(2) Limitation on use of proceeds.--Any proceeds retained 
        by Federal agencies under this section shall be--
                    ``(A) deposited into the appropriate real property 
                account of the agency that had custody and 
                accountability for the underutilized property, with the 
                funds expended only as authorized in annual 
                appropriations Acts;
                    ``(B) used--
                            ``(i) by not later than 1 year after the 
                        date of disposal of the real property; and
                            ``(ii) only for activities relating to 
                        Federal real property asset management and 
                        disposal; and
                    ``(C) if not used by the date described in 
                subparagraph (A)(i), shall be deposited in the Treasury 
                and used for Federal budget deficit reduction.
    ``(c) Public Benefit.--
            ``(1) Conveyance.--If an underutilized property has not 
        been disposed of by the date that is 2 years after the date the 
        property is listed for sale, the Director, in consultation with 
        the Administrator and the Secretary of Housing and Urban 
        Development, may consider a request from the disposing agency 
        that the underutilized property be conveyed to State and local 
        governments or nonprofit organizations for various public 
        purposes or uses as permitted by applicable law.
            ``(2) Predominant use and size standards.--
                    ``(A) In general.--Underutilized property the 
                predominant use of which is other than housing, and the 
                area of which is equal to or greater than 25,000 square 
                feet or the appraised fair market value of which 
                exceeds $2,000,000, shall be considered to be 
                unsuitable for disposal under this subsection.
                    ``(B) Appraised fair market value.--The appraised 
                fair market value described in subparagraph (A) shall 
                be determined by the Federal agency with custody or 
                control of the property, in consultation with the 
                Administrator and standard appraisal practice.
    ``(d) Enforcement.--
            ``(1) In general.--
                    ``(A) Increase in size of inventory.--Except as 
                provided in subparagraph (B) and paragraph (2) and , if 
                a Federal agency fails to make available for public 
                sale the underutilized properties described in 
                subsection (a) by the date that is 18 months after the 
                date of a determination by the Director under 
                subsection (a), that Federal agency, except for 
                specific exceptions promulgated by the Director, shall 
                not increase the size of the civilian real property 
                inventory, unless the square footage of the increase is 
                offset, within an appropriate time as determined by the 
                Director, through consolidation, colocation, or 
                disposal of another building space from the inventory 
                of that agency.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to a Federal agency that acquires any real property not 
                under the administrative jurisdiction of the Federal 
                Government, by sale or lease, until the Director 
                submits a certification to Congress of the disposal of 
                all of those surplus real properties.
            ``(2) Waiver.--Paragraph (1) shall not apply to a Federal 
        agency if--
                    ``(A) the Federal agency submits to the Director 
                and the Committees on Environment and Public Works and 
                Homeland Security and Governmental Affairs of the 
                Senate and the Committees on Transportation and 
                Infrastructure and Oversight and Government Reform of 
                the House of Representatives a written justification 
                describing--
                            ``(i) the reasons why the surplus real 
                        properties described in subsection (a) under 
                        the jurisdiction of the Federal agency were not 
                        disposed of; or
                            ``(ii) why the restriction on growth 
                        without an identified offset obstructs the 
                        performance of a mission-critical function; and
                    ``(B) Congress enacts a law approving the waiver.
            ``(3) OMB scorecard.--
                    ``(A) In general.--The Director shall prepare an 
                annual scorecard measuring the success of each Federal 
                agency in achieving savings under this subchapter.
                    ``(B) Government-wide savings.--The Director shall 
                use the scorecard described in subparagraph (A) to 
                determine whether the sum of the savings of each agency 
                is at least $15,000,000,000 over a 10-year period.
            ``(4) Report.--Not later than 1 year after the date of 
        enactment of this subchapter and once for every 5-year period 
        thereafter, the Council shall submit to the Director a report 
        listing each Federal agency that fails to meet the applicable 
        underutilized property reduction goal established under section 
        622(5), along with a list of the remaining underutilized 
        properties of the Federal agency.
    ``(e) Termination of Authority.--The authority provided by this 
section terminates on the date that is 5 years after the date of 
enactment of this subchapter.
``Sec. 627. Homeless assistance grants
    ``(a) Definitions.--In this section:
            ``(1) Eligible nonprofit organization.--The term `eligible 
        nonprofit organization' means a nonprofit organization that is 
        a representative of the homeless.
            ``(2) Homeless.--The term `homeless' has the meaning given 
        the term in section 103 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11302), except that subsection (c) of 
        that section shall not apply.
            ``(3) Permanent housing.--The term `permanent housing' has 
        the meaning given the term section 401 of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11360).
            ``(4) Private nonprofit organization.--The term `private 
        nonprofit organization' has the meaning given the term in 
        section 401 of the McKinney-Vento Homeless Assistance Act (42 
        U.S.C. 11360).
            ``(5) Representative of the homeless.--The term 
        `representative of the homeless' has the meaning given the term 
        in section 501(i) of the McKinney-Vento Homeless Assistance Act 
        (42 U.S.C. 11411(i)).
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Housing and Urban Development.
            ``(7) Transitional housing.--The term `transitional 
        housing' has the meaning given the term in section 401 of the 
        McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360).
    ``(b) Grant Authority.--
            ``(1) In general.--To the extent amounts are made available 
        under section 626 for use under this section, the Secretary 
        shall make grants to eligible private nonprofit organizations 
        through the continuum of care program established under 
        subtitle C of title IV of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11381 et seq.), to purchase property 
        suitable for use to assist the homeless in accordance with 
        subsection (c).
            ``(2) Terms and conditions.--Except as otherwise provided 
        in this section, a grant under this section shall be subject to 
        the same terms and conditions as a grant under the continuum of 
        care program established under subtitle C of title IV of the 
        McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et 
        seq.).
    ``(c) Use of Properties for Housing or Shelter for the Homeless.--
            ``(1) Eligible uses.--An eligible private nonprofit 
        organization that receives a grant under subsection (b) shall 
        use the amounts received only to purchase or rehabilitate real 
        property for use to provide permanent housing, transitional 
        housing, or temporary shelter to the homeless.
            ``(2) Term of use.--The Secretary may not make a grant 
        under subsection (b) to an eligible private nonprofit 
        organization unless the eligible private nonprofit organization 
        provides to the Secretary such assurances as the Secretary 
        determines necessary to ensure that any property purchased or 
        rehabilitated using amounts received under the grant is used 
        only for the uses described in paragraph (1) for a period of 
        not less than 15 years.
    ``(d) Preference.--In awarding grants under subsection (b), the 
Secretary shall give preference to eligible private nonprofit 
organizations that operate within areas in which Federal real property 
is being sold under the disposal program authorized under section 626.
    ``(e) Regulations.--The Secretary may promulgate such regulations 
as are necessary to carry out this section.''.
    (b) Report of the Comptroller General.--Not later than 5 years 
after the date of enactment of this Act, the Comptroller General of the 
United States shall submit to Congress a report on the use by executive 
agencies of the authorities provided by this Act and amendments made by 
this Act.

SEC. 202. CONSIDERATION OF LIFE-CYCLE COST REQUIRED.

    (a) In General.--Section 3305 of title 40, United States Code, is 
amended by adding at the end the following:
    ``(d) Consideration of Life-Cycle Cost Required.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Life-cycle cost.--The term `life-cycle cost' 
                means the sum of the following costs, as estimated for 
                the lifetime of a building:
                            ``(i) Investment costs.
                            ``(ii) Capital costs.
                            ``(iii) Installation costs.
                            ``(iv) Energy costs.
                            ``(v) Operating costs.
                            ``(vi) Maintenance costs.
                            ``(vii) Replacement costs.
                    ``(B) Lifetime of a building.--The term `lifetime 
                of a real property asset' means, with respect to an 
                asset, the greater of--
                            ``(i) the period of time during which the 
                        asset is projected to be used; or
                            ``(ii) 50 years.
            ``(2) Requirement.--The Council shall ensure that the life-
        cycle cost of a real property asset is considered in the 
        construction or lease of a real property asset described in 
        paragraph (3).
            ``(3) Federal public buildings subject to requirement.--A 
        real property asset shall be subject to the requirement under 
        paragraph (2) if--
                    ``(A) construction or lease of the asset begins 
                after the date on which the Council is established;
                    ``(B) the estimated construction costs of the asset 
                exceed $1,000,000;
                    ``(C) in the case of a lease, the square footage of 
                the asset is more than 25,000 square feet; and
                    ``(D) Federal funding comprises more than 50 
                percent of the funding for the estimated construction 
                or lease costs of the asset.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
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. Definitions.
``622. Duties of Federal agencies.
``623. Establishment of a Federal Real Property Council.
``624. Database.
``625. Limitation on certain leasing authorities.
``626. Expedited disposal program.
``627. Homeless assistance grants.''.
                                                       Calendar No. 555

112th CONGRESS

  2d Session

                                S. 2178

                          [Report No. 112-241]

_______________________________________________________________________

                                 A BILL

To require the Federal Government to expedite the sale of underutilized 
                         Federal real property.

_______________________________________________________________________

                           November 27, 2012

                       Reported with an amendment