[Congressional Record Volume 158, Number 46 (Tuesday, March 20, 2012)]
[House]
[Pages H1401-H1405]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXCESS FEDERAL BUILDING AND PROPERTY DISPOSAL ACT OF 2012
Mr. CHAFFETZ. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 665) to establish a pilot program for the expedited disposal
of Federal real property, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 665
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
[[Page H1402]]
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.--
[[Page H1403]]
``(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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Chaffetz) and the gentleman from Illinois (Mr. Quigley) each
will control 20 minutes.
The Chair recognizes the gentleman from Utah.
General Leave
Mr. CHAFFETZ. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
H.R. 665, the Excess Federal Building and Property Disposal Act of
2012, was favorably reported by voice vote by the Committee on
Oversight and Government Reform in November of last year. I'm proud to
be one of the sponsors of this bill. There are 39 cosponsors of this
bill, and, in particular, I want to thank my colleague, the gentleman
from Illinois (Mr. Quigley) for his great and passionate work on this,
Mr. Connolly, and Ms. Norton. There are a number of people on both
sides of the aisle that have passionately worked on this issue.
I'm proud to report, Mr. Speaker, that this is very bipartisan in its
nature. I also want to thank our chairman, Chairman Issa, who was very
instrumental in passing it out of committee to the floor, as well as
Ranking Member Cummings and certainly our majority leader, Mr. Cantor,
for allowing and encouraging this bill to come to the floor. So I
appreciate the bipartisan nature.
These are the types of things that we should be doing as a body to
make sure that we're improving the process and streamlining the
disposal of real property that happens in this country. Most are
somewhat amazed to understand that our Federal Government has roughly
900,000 buildings and structures under its ownership. The GAO in 2011
estimated that the Federal Government holds 45,000 underutilized
properties that cost nearly $1.7 billion annually in order to operate.
And, again, these are underutilized. In fact, more recently, OMB
Controller Daniel Werfel testified before a Senate subcommittee that
the government controls 14,000 excess and 76,000 underutilized
buildings and structures. That's going to happen when you consume and
have so many Federal buildings. We have to make sure that we, as a
government, are also streamlining and moving forward with the disposal
of these properties when they become
[[Page H1404]]
something that is not as frequently used.
The Federal Government has accumulated excess properties because the
disposal process is, in many ways, flawed. In 2003 and in 2011, the GAO
designated Federal real property management as a high-risk area to the
Federal Government. Thus, I think, as an independent group, going out,
looking and assessing the situation, have come to the conclusion that
we as the Federal Government believe this is a high-risk area that
costs well over $1 billion a year, is starting to approach $2 billion a
year and that it certainly is in need of some restructuring.
So the Excess Federal Building and Property Disposal Act would
streamline the disposal of high-valued properties while also
overhauling the existing disposal process. The bill creates a 5-year
pilot program that would expedite the disposal of Federal properties
with the goal of maximizing profit. Ninety-eight percent of the
proceeds under the pilot would be directed to the United States
Treasury General Fund, and 2 percent would be authorized for use by
homeless assistance providers, as has been the history of this
government in the past.
The bill also permanently streamlines the existing disposal process
by reducing administrative overhead, creating new agency incentives,
and requiring greater transparency and accountability from the federal
agencies. Again, this bill is bipartisan; it will direct revenue to the
United States Treasury; it reduces operating and maintenance budgets;
and it's presented in a bipartisan way.
I would encourage all of my colleagues to support this bill. The
nature and the approach that we're taking here, I think, is just good
government. It's smarter, more streamlined, more efficient, and moves
the ball in the right direction.
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, March 20, 2012.
Hon. Darrell E. Issa,
Chairman, Committee on Oversight and Government Reform,
Rayburn House Office Building, Washington, DC.
Dear Mr. Chairman: I am writing with respect to the
jurisdictional interest of the Committee on Transportation
and Infrastructure in matters being considered in H.R. 665,
the Excess Federal Building and Property Disposal Act of
2011, which was referred to the Committee on Oversight and
Government Reform.
Our Committee recognizes the desire of the Committee on
Oversight and Government Reform to move H.R. 665
expeditiously. Therefore, while we have a valid claim to
jurisdiction over a number of provisions in the bill related
to public buildings and improved grounds of the United States
and waivers of certain no-cost conveyances, including those
related to aviation and highways, I do not object to bringing
the legislation to the floor without action by this
Committee. This, of course, is conditional on our mutual
understanding that nothing in this legislation or my decision
to forego any referral waives, reduces or otherwise affects
the jurisdiction of the Committee on Transportation and
Infrastructure.
The Committee on Transportation and Infrastructure also
asks that you support our request to be conferees on the
provisions over which we have jurisdiction during any House-
Senate conference. I would appreciate it if you would include
a copy of this letter and of your response acknowledging our
jurisdictional interest as part of the Congressional Record
during consideration of the bill by the House.
Thank you for your cooperation in this matter.
Sincerely,
John L. Mica,
Chairman.
____
House of Representatives, Committee on Oversight and
Government Reform,
Washington, DC, March 20, 2012.
Hon. John L. Mica,
Chairman, Committee on Transportation and Infrastructure,
Rayburn House Office Building, Washington, DC.
Dear Chairman Mica: Thank you for your letter of March 19,
2012, regarding H.R. 665, the Excess Federal Building and
Property Disposal Act of 2011. Your assistance in expediting
consideration of the bill is very much appreciated.
I agree that there are provisions in the bill that are of
jurisdictional interest to the Committee on Transportation
and Infrastructure and I agree that by foregoing a referral
the Committee on Transportation and Infrastructure is not
waiving its jurisdiction.
I would be pleased to support the representation of your
Committee in any conference on H.R. 665 on matters within the
jurisdiction of the Committee on Transportation and
Infrastructure. And, as you have requested, I will include
this exchange of letters in the Congressional Record. Thank
you for your cooperation and your continued leadership and
support in surface transportation matters.
Sincerely,
Darrell Issa,
Chairman.
I reserve the balance of my time.
Mr. QUIGLEY. Mr. Speaker, I yield myself such time as I may consume.
I want to thank the chairman of the full committee, Mr. Issa, for his
staunch support of this bill, and I also want to thank my good friend
Mr. Chaffetz for working so closely with us to craft this bipartisan
bill and in working to get it to the floor today. Finally, I want to
thank the ranking member of the full committee, Mr. Cummings, for
working with me on this important bill.
There could not be a better time to move a measure like this one
through the Congress. We are facing an unsustainable budget deficit,
and we must get our fiscal house in order. One of the best ways to
achieve much-needed reductions in spending is to create efficiencies
and cut waste. This is exactly what this bipartisan measure
accomplishes.
{time} 1230
The Federal Government is the largest property owner in the world,
with an inventory of over 900,000 buildings and structures and 41
million acres of land. Yet we waste billions of tax dollars each year
in maintaining properties we no longer need.
The Federal Government currently maintains 14,000 buildings and
structures deemed ``excess'' and over 76,000 properties identified as
``underutilized.'' In fiscal year 2009, these underutilized buildings
cost us $1.7 billion to operate annually.
The GAO has continuously found that many properties are no longer
relevant to their Agencies' missions and that Agencies could do a
better job of identifying and disposing of unneeded properties. H.R.
665, as amended, will finally give Agencies the tools they need to
quickly and efficiently dispose of unneeded Federal properties,
resulting in huge savings to the government.
First, H.R. 665 creates a 5-year pilot program to expedite the sale
of unused, high-value properties. The Office of Management and Budget,
also with the General Services Administration, will work with Agencies
to dispose of 15 high-value properties. This list of properties for
disposal will be a rolling list, meaning, as properties are sold,
additional properties will be added to the list for disposal. Ninety-
eight percent of the proceeds from the sale of these high-valued
properties will go straight to the Treasury for deficit reduction while
2 percent will be set aside for a grant to fund homeless assistance
programs.
In addition to the 5-year pilot, H.R. 665, as amended, modernizes the
existing property disposal process and removes barriers to disposal.
H.R. 665 empowers GSA to provide agencies with much needed technical
expertise to dispose of unused and unneeded properties.
The bill also allows all Agencies to use the proceeds generated from
the sale of property, as authorized by Congress, to cover the costs of
disposal. Currently, property disposal costs can be hugely expensive.
Without the ability to use the proceeds of a sale to cover the costs of
disposal, Agencies have little incentive to dispose of these
properties. Any funds not used to prepare and dispose of property would
be paid to the Treasury for debt reduction.
H.R. 665, as amended, will also provide unprecedented transparency
and accountability to the Federal Government's property portfolio. The
bill will require GSA to report to Congress annually on the number,
value, and maintenance costs of all Federal property. This information
will be made available to the public at no cost in an online database.
Finally, this bipartisan bill reforms our property disposal process
without creating a new bureaucracy, and is at no cost to the Federal
Government.
H.R. 665, as amended, passed unanimously through the Oversight and
Government Reform Committee. I encourage my colleagues to support this
commonsense bill designed to improve government efficiency and save the
taxpayers billions.
Again, I want to thank Mr. Chaffetz for his good work on a bipartisan
effort toward this extraordinary bill.
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Mr. Speaker, I yield back the balance of my time.
Mr. CHAFFETZ. Mr. Speaker, I have no additional speakers. I just want
to simply thank the gentleman from Illinois. He's truly one who will
stand on principle and work on both sides of the aisle, and for that
we're very grateful and appreciative. This is what we are supposed to
be doing, working in a bipartisan way.
H.R. 665, as amended, is a good bill. It's good government, it's
something we should do, and I would urge all of my colleagues to
support it. I appreciate all the support from our leadership in making
this point happen.
With that, Mr. Speaker, I yield back the balance of my time.
Mr. CUMMINGS. Mr. Speaker, I am in support of important legislation
on Federal real property disposal. I believe that we have found a
bipartisan solution to the deficiencies that currently exist in real
property management in H.R. 665.
The Federal Government has costly and pressing problems disposing of
its unneeded real property, which includes its public buildings and
lands. As a result, the GAO has placed this issue on its ``high risk''
list. Unneeded and under-utilized buildings are languishing in the
Federal inventory when their sale could generate much-needed revenue
for the national treasury. Maintenance of these buildings costs the
government nearly $1.7 billion in fiscal year 2010 alone. In tough
times like those we face today, this waste is simply unacceptable.
In this Congress, four separate pieces of legislation have been
introduced to help solve the problem. H.R. 665 combines the best
elements of these legislative proposals and creates a timely and
workable method of disposing of excess Federal property while
generating the highest possible financial returns.
The bill would establish a five-year pilot program to dispose of the
15 highest value unneeded Federal real properties.
The Federal Government will clearly gain from the disposal of these
properties. Not only will the fair market value generate income, but we
will realize significant savings by eliminating maintenance and
operating costs.
I also support H.R. 665 because it will provide aid to organizations
dedicated to helping those most vulnerable among us, the homeless. This
legislation permits Congress to appropriate the equivalent of two (2)
percent of the proceeds from the sale of these properties to fund
grants to eligible organizations that serve the homeless. This
requirement preserves our commitment to the goals of the McKinney Vento
Homeless Assistance Act.
This bill will also expand transparency surrounding the disposal of
Federal property. It requires that GSA report annually to Congress on
the number, market value and deferred maintenance costs of all
executive branch real property assets. The report would also include
ongoing operating costs of surplus properties so that we are always
aware of the expenses that empty, unused properties are incurring. The
public will also be able to access information on all real Federal
property through a database required to be established by GSA.
Agencies will also be allowed to retain the net proceeds from the
disposition of real property, and use those funds to maintain, repair,
and dispose of their other properties. Net proceeds not used for such
costs would be used for deficit reduction. This provision will
incentivize agencies to move properties quickly through the disposal
process and will keep revenues moving into the Treasury.
I am pleased that we have been able to produce a bipartisan solution
to a problem that wastes taxpayer dollars maintaining unneeded Federal
buildings. I support H.R. 665 as amended and I hope that we can get
this legislation working for America as soon as possible.
Mr. STEARNS. Mr. Speaker, I rise today in strong support of H.R. 665,
the Excess Federal Building and Property Disposal Act of 2011. This
important bipartisan legislation will decrease the deficit by selling
excess federal buildings and property by empowering the executive
branch to more quickly dispose of excess federal property. This bill
would also permanently modernize the existing disposal process through
reductions in administrative overhead. This bill also requires greater
accountability from those responsible for federal property disposal.
The federal government owns a staggering one-third of the United
States and owns more real property than any other entity in America:
900,000 buildings and structures covering 3.38 billion square feet.
According to a February 10, 2011 Government Accountability Office (GAO)
report, 24 federal agencies identified 45,190 underutilized buildings
that cost $1.66 billion annually to operate. More recently, Office of
Management and Budget Comptroller Daniel Werfel testified before a
Senate Subcommittee that the government controls even more, with 14,000
excess buildings and structures and 76,000 underutilized properties.
This large inventory of underutilized federal property is the product
of a convoluted and inefficient disposal process.
H.R. 665 works to correct this by establishing a five-year pilot
program, beginning on the date that the legislation is enacted, to
dispose of excess federal property. The Director of the Office of
Management and Budget and the Administrator of the General Services
Administration (GSA) would identify, with input from federal agencies,
the 15 excess properties with the highest market value. These
properties will be disposed of through public auction, and after one
property is sold, the GSA will have 15 days to identify another
property to replace the auctioned property on the list for disposal.
Ninety-eight percent of profits will be deposited into the Treasury and
2 percent will be directed toward the Department of Housing and Urban
Development to provide grants for homeless assistance.
Selling off unused federal property would allow the federal
government to focus our limited fiscal resources on maintaining the
property the United States currently owns. I strongly urge my
colleagues to support the Excess Federal Building and Property Disposal
Act to begin prioritizing the public auction of unused federal property
and reducing the nation's $15 trillion national debt.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Chaffetz) that the House suspend the rules and
pass the bill, H.R. 665, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CHAFFETZ. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
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