[Congressional Record Volume 162, Number 81 (Monday, May 23, 2016)]
[House]
[Pages H2933-H2941]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL ASSETS SALE AND TRANSFER ACT OF 2016
Mr. BARLETTA. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4465) to decrease the deficit by consolidating and selling
Federal buildings and other civilian real property, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4465
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal
Assets Sale and Transfer Act of 2016''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Board.
Sec. 5. Board meetings.
Sec. 6. Compensation and travel expenses.
Sec. 7. Executive Director.
Sec. 8. Staff.
Sec. 9. Contracting authority.
Sec. 10. Termination.
Sec. 11. Development of recommendations to Board.
Sec. 12. Board duties.
Sec. 13. Review by OMB.
Sec. 14. Implementation of Board recommendations.
Sec. 15. Authorization of appropriations.
Sec. 16. Funding.
Sec. 17. Congressional approval of proposed projects.
Sec. 18. Preclusion of judicial review.
Sec. 19. Implementation review by GAO.
Sec. 20. Agency retention of proceeds.
Sec. 21. Federal real property database.
Sec. 22. Streamlining McKinney-Vento Homeless Assistance Act.
Sec. 23. Additional property.
Sec. 24. Sale of 12th and Independence.
Sec. 25. Sale of Cotton Annex.
SEC. 2. PURPOSES.
The purpose of this Act is to reduce the costs of Federal
real estate by--
(1) consolidating the footprint of Federal buildings and
facilities;
(2) maximizing the utilization rate of Federal buildings
and facilities;
(3) reducing the reliance on leased space;
(4) selling or redeveloping high value assets that are
underutilized to obtain the highest and best value for the
taxpayer and maximize the return to the taxpayer;
(5) reducing the operating and maintenance costs of Federal
civilian real properties;
(6) reducing redundancy, overlap, and costs associated with
field offices;
(7) creating incentives for Federal agencies to achieve
greater efficiency in their inventories of civilian real
property;
(8) facilitating and expediting the sale or disposal of
unneeded Federal civilian real properties;
(9) improving the efficiency of real property transfers for
the provision of services to the homeless; and
(10) assisting Federal agencies in achieving the
Government's sustainability goals by reducing excess space,
inventory, and energy consumption, as well as by leveraging
new technologies.
SEC. 3. DEFINITIONS.
In this Act, unless otherwise expressly stated, the
following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Board.--The term ``Board'' means the Public Buildings
Reform Board established by section 4.
(3) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(4) Federal agency.--The term ``Federal agency'' means an
executive department or independent establishment in the
executive branch of the Government, and a wholly owned
Government corporation.
[[Page H2934]]
(5) Federal civilian real property and civilian real
property.--
(A) In general.--The terms ``Federal civilian real
property'' and ``civilian real property'' refer to Federal
real property assets, including public buildings as defined
in section 3301(a) of title 40, United States Code, occupied
and improved grounds, leased space, or other physical
structures under the custody and control of any Federal
agency.
(B) Exclusions.--Subparagraph (A) shall not be construed as
including any of the following types of property:
(i) Properties that are on military installations
(including any fort, camp, post, naval training station,
airfield proving ground, military supply depot, military
school, or any similar facility of the Department of
Defense).
(ii) A base, camp, post, station, yard, center, or homeport
facility for any ship or activity under the jurisdiction of
the Coast Guard.
(iii) Properties that are excluded for reasons of national
security by the Director of the Office of Management and
Budget.
(iv) Properties that are excepted from the definition of
the term ``property'' under section 102 of title 40, United
States Code.
(v) Indian and Native Alaskan properties, including--
(I) any property within the limits of an Indian reservation
to which the United States owns title for the benefit of an
Indian tribe; and
(II) any property title that is held in trust by the United
States for the benefit of an Indian tribe or individual or
held by an Indian tribe or individual subject to restriction
by the United States against alienation.
(vi) 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.).
(vii) Postal properties owned by the United States Postal
Service.
(viii) Properties used in connection with Federal programs
for agricultural, recreational, or conservation purposes,
including research in connection with the programs.
(ix) Properties used in connection with river, harbor,
flood control, reclamation, or power projects.
(x) Properties located outside the United States operated
or maintained by the Department of State or the United States
Agency for International Development.
(6) Field office.--The term ``field office'' means any
Federal office that is not the headquarters office location
for the Federal agency.
(7) HUD.--The term ``HUD'' means the Department of Housing
and Urban Development.
(8) OMB.--The term ``OMB'' means the Office of Management
and Budget.
(9) Value of transactions.--The term ``value of
transactions'' means the sum of the estimated proceeds and
estimated costs, based on the accounting system developed or
identified under section 12(e), associated with the
transactions included in Board recommendations.
SEC. 4. BOARD.
(a) Establishment.--There is established an independent
board to be known as the Public Buildings Reform Board.
(b) Duties.--The Board shall carry out the duties as
specified in this Act.
(c) Membership.--
(1) In general.--The Board shall be composed of a
Chairperson appointed by the President, by and with the
advice and consent of the Senate, and 6 members appointed by
the President.
(2) Appointments.--In selecting individuals for
appointments to the Board, the President shall consult with--
(A) the Speaker of the House of Representatives concerning
the appointment of 2 members;
(B) the majority leader of the Senate concerning the
appointment of 2 members;
(C) the minority leader of the House of Representatives
concerning the appointment of 1 member; and
(D) the minority leader of the Senate concerning the
appointment of 1 member.
(3) Terms.--The term for each member of the Board shall be
6 years.
(4) Vacancies.--Vacancies shall be filled in the same
manner as the original appointment.
(5) Qualifications.--In selecting individuals for
appointment to the Board, the President shall ensure that the
Board contains individuals with expertise representative of
the following:
(A) Commercial real estate and redevelopment.
(B) Space optimization and utilization.
(C) Community development, including transportation and
planning.
SEC. 5. BOARD MEETINGS.
(a) Open Meetings.--Each meeting of the Board, other than
meetings in which classified information is to be discussed,
shall be open to the public. Any open meeting shall be
announced in the Federal Register and the Federal Web site
established by the Board at least 14 calendar days in advance
of a meeting. For all public meetings, the Board shall
release an agenda and a listing of materials relevant to the
topics to be discussed.
(b) Quorum and Meetings.--Five Board members shall
constitute a quorum for the purposes of conducting business
and 3 or more Board members shall constitute a meeting of the
Board.
(c) Transparency of Information.--All the proceedings,
information, and deliberations of the Board shall be open,
upon request, to the Chairperson and ranking minority party
member, and their respective subcommittee Chairperson and
subcommittee ranking minority party member, of--
(1) the Committee on Transportation and Infrastructure of
the House of Representatives;
(2) the Committee on Oversight and Government Reform of the
House of Representatives;
(3) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(4) the Committee on Environment and Public Works of the
Senate; and
(5) the Committees on Appropriations of the House of
Representatives and the Senate.
(d) Government Accountability Office.--All proceedings,
information, and deliberations of the Board shall be open,
upon request, to the Comptroller General of the United
States.
SEC. 6. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--
(1) Rate of pay for members.--Each member, other than the
Chairperson, shall be paid at a rate equal to the daily
equivalent of the minimum annual rate of basic pay payable
for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel
time) during which the member is engaged in the actual
performance of duties vested in the Board.
(2) Rate of pay for chairperson.--The Chairperson shall be
paid for each day referred to in paragraph (1) at a rate
equal to the daily equivalent of the minimum annual rate of
basic pay payable for level III of the Executive Schedule
under section 5314 of title 5, United States Code.
(b) Travel.--Members shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
SEC. 7. EXECUTIVE DIRECTOR.
(a) Appointment.--The Board shall appoint an Executive
Director, who may be appointed without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service.
(b) Rate of Pay.--The Executive Director shall be paid at
the rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 8. STAFF.
(a) Additional Personnel.--Subject to subsection (b), the
Executive Director may request additional personnel detailed
from Federal agencies.
(b) Requests for Detail Employees.--Upon request of the
Executive Director and approval of the Board and the Director
of OMB, the head of any Federal agency shall detail the
requested personnel of that agency to the Board to assist the
Board in carrying out its duties under this Act.
(c) Qualifications.--Appointments shall be made with
consideration of a balance of expertise consistent with the
qualifications of representatives described in section
4(c)(5).
SEC. 9. CONTRACTING AUTHORITY.
(a) Experts and Consultants.--The Board, to the extent
practicable and subject to appropriations Acts, shall use
contracts, including nonappropriated contracts, entered into
by the Administrator for services necessary to carry out the
duties of the Board.
(b) Office Space.--The Administrator, in consultation with
the Board, shall identify and provide, without charge,
suitable office space within the existing Federal space
inventory to house the operations of the Board.
(c) Personal Property.--The Board shall use personal
property already in the custody and control of the
Administrator.
SEC. 10. TERMINATION.
The Board shall cease operations and terminate 6 years
after the date of enactment of this Act.
SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO BOARD.
(a) Submissions of Agency Information and
Recommendations.--Not later than 120 days after the date of
enactment of this Act, and not later than 120 days after the
first day of each fiscal year thereafter until the
termination of the Board, the head of each Federal agency
shall submit to the Administrator and the Director of OMB the
following:
(1) Current data.--Current data of all Federal civilian
real properties owned, leased, or controlled by the agency,
including all relevant information prescribed by the
Administrator and the Director of OMB, including data related
to the age and condition of the property, operating costs,
history of capital expenditures, sustainability metrics,
number of Federal employees and functions housed in the
respective property, and square footage (including gross,
rentable, and usable).
(2) Agency recommendations.--Recommendations of the agency
on the following:
(A) Federal civilian real properties that can be sold for
proceeds or otherwise disposed of, reported as excess,
declared surplus, outleased, or otherwise no longer meeting
the needs of the agency, excluding leasebacks or other such
exchange agreements where the property continues to be used
by the agency.
[[Page H2935]]
(B) Federal civilian real properties that can be
transferred, exchanged, consolidated, co-located,
reconfigured, or redeveloped, so as to reduce the civilian
real property inventory, reduce the operating costs of the
Government, and create the highest value and return for the
taxpayer.
(C) Operational efficiencies that the Government can
realize in its operation and maintenance of Federal civilian
real properties.
(b) Standards and Criteria.--
(1) Development of standards and criteria.--Not later than
60 days after the deadline for submissions of agency
recommendations under subsection (a), the Director of OMB, in
consultation with the Administrator, shall--
(A) review the agency recommendations;
(B) develop consistent standards and criteria against which
the agency recommendations will be reviewed; and
(C) submit to the Board the recommendations developed
pursuant to paragraph (2).
(2) Recommendations to board.--The Director of OMB and the
Administrator shall jointly develop recommendations to the
Board based on the standards and criteria developed under
paragraph (1).
(3) Factors.--In developing the standards and criteria
under paragraph (1), the Director of OMB, in consultation
with the Administrator, shall incorporate the following
factors:
(A) The extent to which the civilian real property could be
sold (including property that is no longer meeting the needs
of the Government), redeveloped, outleased, or otherwise used
to produce the highest and best value and return for the
taxpayer.
(B) The extent to which the operating and maintenance costs
are reduced through consolidating, co-locating, and
reconfiguring space, and through realizing other operational
efficiencies.
(C) The extent to which the utilization rate is being
maximized and is consistent with non-governmental industry
standards for the given function or operation.
(D) The extent and timing of potential costs and savings,
including the number of years, beginning with the date of
completion of the proposed recommendation.
(E) The extent to which reliance on leasing for long-term
space needs is reduced.
(F) The extent to which a civilian real property aligns
with the current mission of the Federal agency.
(G) The extent to which there are opportunities to
consolidate similar operations across multiple agencies or
within agencies.
(H) The economic impact on existing communities in the
vicinity of the civilian real property.
(I) The extent to which energy consumption is reduced.
(J) The extent to which public access to agency services is
maintained or enhanced.
(c) Special Rule for Utilization Rates.--Standards
developed by the Director of OMB pursuant to subsection (b)
shall incorporate and apply clear standard utilization rates
to the extent that such standard rates increase efficiency
and provide performance data. The utilization rates shall be
consistent throughout each applicable category of space and
with nongovernment space utilization rates. To the extent the
space utilization rate of a given agency exceeds the
utilization rates to be applied under this subsection, the
Director of OMB may recommend realignment, co-location,
consolidation, or other type of action to improve space
utilization.
(d) Submission to Board.--
(1) In general.--The Director of OMB shall submit the
standards, criteria, and recommendations developed pursuant
to subsection (b) to the Board with all supporting
information, data, analyses, and documentation.
(2) Publication.--The standards, criteria, and
recommendations developed pursuant to subsection (b) shall be
published in the Federal Register and transmitted to the
committees listed in section 5(c) and to the Comptroller
General of the United States.
(3) Access to information.--The Board shall also have
access to all information pertaining to the recommendations
developed pursuant to subsection (b), including supporting
information, data, analyses, and documentation submitted
pursuant to subsection (a). Upon request, a Federal agency
shall provide to the Board any additional information
pertaining to the civilian real properties under the custody,
control, or administrative jurisdiction of the Federal
agency. The Board shall notify the committees listed in
section 5(c) of any failure by an agency to comply with a
request of the Board.
SEC. 12. BOARD DUTIES.
(a) Identification of Property Reduction Opportunities.--
The Board shall identify opportunities for the Government to
reduce significantly its inventory of civilian real property
and reduce costs to the Government.
(b) Identification of High Value Assets.--
(1) Identification of certain properties.--Not later than
180 days after Board members are appointed pursuant to
section 4, the Board shall--
(A) identify not fewer than 5 Federal civilian real
properties that are not on the list of surplus or excess as
of such date with a total fair market value of not less than
$500,000,000 and not more than $750,000,000; and
(B) transmit the list of the Federal civilian real
properties to the Director of OMB and Congress as Board
recommendations and subject to the approval process described
in section 13.
(2) Information and data.--In order to meet the goal
established under paragraph (1), each Federal agency shall
provide, upon request, any and all information and data
regarding its civilian real properties to the Board. The
Board shall notify the committees listed in section 5(c) of
any failure by an agency to comply with a request of the
Board.
(3) Factors.--In identifying properties pursuant to
paragraph (1), the Board shall consider the factors listed in
section 11(b)(3).
(4) Leaseback restrictions.--None of the existing
improvements on properties sold under this subsection may be
leased back to the Government.
(5) Report of excess.--Not later than 60 days after the
approval of Board recommendations pursuant to paragraph (1),
Federal agencies with custody, control, or administrative
jurisdiction over the identified properties shall submit a
Report of Excess to the General Services Administration.
(6) Sale.--
(A) Initiation of sale.--Not later than 120 days after the
acceptance by the Administrator of the Report of Excess and
notwithstanding any other provision of law (including section
501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11411), but except as provided in section 14(g)), the General
Services Administration shall initiate the sale of the
civilian real properties described in paragraph (1).
(B) Completion of sale.--Not later than 1 year after the
acceptance of the Report of Excess, the Administrator shall
sell the civilian real properties at fair market value at
highest and best use, unless the Director of OMB determines
it is in the financial interest of the Government to execute
a sale more than a year after the acceptance of the Report of
Excess, but not greater than two years after the acceptance
of the Report of Excess.
(c) Analysis of Inventory.--The Board shall perform an
independent analysis of the inventory of Federal civilian
real property and the recommendations submitted pursuant to
section 11. The Board shall not be bound or limited by the
recommendations submitted pursuant to section 11. If, in the
opinion of the Board, an agency fails to provide needed
information, data, or adequate recommendations that meet the
standards and criteria, the Board shall develop such
recommendations as the Board considers appropriate based on
existing data contained in the Federal Real Property Profile
or other relevant information.
(d) Information and Proposals.--
(1) Receipt.--Notwithstanding any other provision of law,
the Board may receive and consider proposals, information,
and other data submitted by State and local officials and the
private sector.
(2) Consultation.--The Board shall consult with State and
local officials on information, proposals, and other data
that the officials submit to the Board.
(3) Availability.--Information submitted to the Board shall
be made publicly available.
(e) Accounting System.--Not later than 120 days after the
date of enactment of this Act, the Board shall identify or
develop and implement a system of accounting to be used to
independently evaluate the costs of and returns on the
recommendations. Such accounting system shall be applied in
developing the Board's recommendations and determining the
highest return to the taxpayer. In applying the accounting
system, the Board shall set a standard performance period of
not less than 15 years.
(f) Public Hearing.--The Board shall conduct public
hearings. All testimony before the Board at a public hearing
under this subsection shall be presented under oath.
(g) Reporting of Information and Recommendations.--
(1) In general.--Subject to the schedule and limitations
specified in paragraph (2), the Board shall transmit to the
Director of OMB, and publicly post on a Federal Web site
maintained by the Board, reports containing the Board's
findings, conclusions, and recommendations for--
(A) the consolidation, exchange, co-location,
reconfiguration, lease reductions, sale, outlease, and
redevelopment of Federal civilian real properties; and
(B) other operational efficiencies that can be realized in
the Government's operation and maintenance of such
properties.
(2) Schedule and limitations.--
(A) First round.--Not later than 2 years after the date of
transmittal of the list of properties recommended pursuant to
subsection (b), the Board shall transmit to the Director of
OMB the first report required under paragraph (1). The total
value of transactions contained in the first report may not
exceed $2,500,000,000.
(B) Second round.--Not earlier than 3 years after the date
of transmittal of the first report, the Board shall transmit
to the Director of OMB the second report required under
paragraph (1). The total value of transactions contained in
the second report may not exceed $4,750,000,000.
(3) Consensus in majority.--The Board shall seek to develop
consensus recommendations, but if a consensus cannot be
obtained, the Board may include in the reports required under
this subsection recommendations that are supported by a
majority of the Board.
(h) Federal Web Site.--The Board shall establish and
maintain a Federal Web site
[[Page H2936]]
for the purposes of making relevant information publicly
available.
(i) Review by GAO.--The Comptroller General of the United
States shall transmit to Congress and the Board a report
containing a detailed analysis of the recommendations and
selection process.
SEC. 13. REVIEW BY OMB.
(a) Review of Recommendations.--Upon receipt of the Board's
recommendations pursuant to subsections (b) and (g) of
section 12, the Director of OMB shall conduct a review of the
recommendations.
(b) Report to Board and Congress.--Not later than 30 days
after the receipt of the Board's recommendations, the
Director of OMB shall transmit to the Board and Congress a
report that sets forth the Director of OMB's approval or
disapproval of the Board's recommendations.
(c) Approval and Disapproval.--
(1) Approval.--If the Director of OMB approves the Board's
recommendations, the Director of OMB shall transmit a copy of
the recommendations to Congress, together with a
certification of such approval.
(2) Disapproval.--If the Director of OMB disapproves the
Board's recommendations, in whole or in part, the Director of
OMB shall transmit a copy of the recommendations to Congress
and the reasons for disapproval of the recommendations to the
Board and Congress.
(3) Revised recommendations.--Not later than 30 days after
the receipt of reasons for disapproval under paragraph (2),
the Board shall transmit to the Director of OMB revised
recommendations for approval.
(4) Approval of revised recommendations.--If the Director
of OMB approves the revised recommendations received under
paragraph (3), the Director of OMB shall transmit a copy of
the revised recommendations to Congress, together with a
certification of such approval.
(d) Termination of Process for Given Round.--If the
Director of OMB does not transmit to Congress an approval and
certification described in paragraph (1) or (4) of subsection
(c) on or before the 30th day following the receipt of the
Board's recommendations or revised recommendations, as the
case may be, the process shall terminate until the following
round, as described in section 12.
SEC. 14. IMPLEMENTATION OF BOARD RECOMMENDATIONS.
(a) Deadlines.--
(1) Preparation.--Federal agencies shall--
(A) not later than 60 days after the Director of OMB
transmits the Board's recommendations to Congress pursuant to
paragraph (1) or (4) of section 13(c), immediately begin
preparations to carry out the Board's recommendations; and
(B) not later than 2 years after such transmittal, initiate
all activities necessary to carry out the Board's
recommendations.
(2) Completion.--Not later than 6 years after the Director
of OMB transmits the Board's recommendations to Congress
pursuant to paragraph (1) or (4) of section 13(c), Federal
agencies shall complete all recommended actions. All actions
shall be economically beneficial, cost neutral, or otherwise
favorable to the Government.
(3) Extenuating circumstances.--For actions that will take
longer than the 6-year period described in paragraph (2) due
to extenuating circumstances, Federal agencies shall notify
the Director of OMB and Congress, as soon as the extenuating
circumstance presents itself, with an estimated time to
complete the relevant action.
(b) Actions of Federal Agencies Related to Civilian Real
Properties.--In taking actions related to any civilian real
property under this Act, Federal agencies may take, pursuant
to subsection (c), all such necessary and proper actions,
including--
(1) acquiring land, constructing replacement facilities,
performing such other activities, and conducting advance
planning and design as may be required to transfer functions
from a Federal asset or property to another Federal civilian
property;
(2) reimbursing other Federal agencies for actions
performed at the request of the Board; and
(3) taking such actions as are practicable to maximize the
value of Federal civilian real property to be sold by
clarifying zoning and other limitations on use of such
property.
(c) Actions of Federal Agencies To Implement Board
Recommendations.--
(1) Use of existing legal authorities.--
(A) In general.--Except as provided in paragraph (2), when
acting on a recommendation of the Board, a Federal agency
shall--
(i) in consultation with the Administrator, continue to act
within the Federal agency's existing legal authorities,
including legal authorities delegated to the Federal agency
by the Administrator; or
(ii) work in partnership with the Administrator to carry
out such actions.
(B) Necessary and proper actions.--The Administrator may
take such necessary and proper actions, including the sale,
conveyance, or exchange of civilian real property, as
required to implement the Board's recommendations in the time
period required under subsection (a).
(2) Experts.--A Federal agency may enter into no cost,
nonappropriated contracts for expert commercial real estate
services to carry out the Federal agency's responsibilities
pursuant to the recommendations.
(d) Discretion of Administrator Regarding Transactions.--
For any transaction identified, recommended, or commenced as
a result of this Act, any otherwise required legal priority
given to, or requirement to enter into, a transaction to
convey a Federal civilian real property for less than fair
market value, for no consideration at all, or in a
transaction that mandates the exclusion of other market
participants, shall be at the discretion of the
Administrator.
(e) Relationship to Other Laws.--Any recommendation or
commencement of a sale, disposal, consolidation,
reconfiguration, co-location, or realignment of civilian real
property under this Act shall not be subject to--
(1) section 545(b)(8) of title 40, United States Code;
(2) sections 550, 553, and 554 of title 40, United States
Code;
(3) any section of the Act entitled ``An Act Authorizing
the transfer of certain real property for wildlife, or other
purposes'' (16 U.S.C. 667b);
(4) section 47151 of title 49, United States Code;
(5) sections 107 and 317 of title 23, United States Code;
(6) section 1304(b) of title 40, United States Code;
(7) section 13(d) of the Surplus Property Act of 1944 (50
U.S.C. App. 1622(d));
(8) any other provision of law authorizing the conveyance
of real property owned by the Government for no
consideration; and
(9) any congressional notification requirement other than
that in section 545 of title 40, United States Code.
(f) Public Benefit.--
(1) Submission of information to hud.--The Director of OMB
shall submit to the Secretary of HUD, on the same day the
Director of OMB submits the Board's recommendations to
Congress pursuant to paragraphs (1) and (4) of section 13(c),
all known information on Federal civilian real properties
that are included in the recommendations (except those
recommended under section 12(b)).
(2) HUD to report to board.--Not later than 30 days after
the submission of information on Federal properties under
paragraph (1), the Secretary shall identify any suitable
civilian real properties for use as a property benefiting the
mission of assistance to the homeless for the purposes of
further screening pursuant to section 501 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11411).
(3) Additional authority.--Following the review under
paragraph (2), with respect to a civilian real property that
is not identified by the Secretary as suitable for use as a
property benefiting the mission of assistance to the homeless
and that has been recommended for sale by the Board, the
Director of OMB may exclude the property from the Board's
recommendations if the Director determines that the property
is suitable for use as a public park or recreation area by a
State or local government and it is in the best interest of
taxpayers.
(g) Environmental Considerations.--
(1) Transfers of real property.--
(A) In general.--When implementing the recommended actions
for civilian real properties that have been identified in the
Board's report, as specified in section 12(g), and subject to
paragraph (2) and in compliance with CERCLA, including
section 120(h) of CERCLA (42 U.S.C. 9620(h)), Federal
agencies may enter into an agreement to transfer by deed,
pursuant to section 120(h)(3) of that Act (42 U.S.C.
9620(h)(3)), civilian real property with any person.
(B) Additional terms and conditions.--The head of the
disposing agency may require any additional terms and
conditions in connection with an agreement authorized by
subparagraph (A) as the head of the disposing agency
considers appropriate to protect the interests of the United
States. Such additional terms and conditions shall not affect
or diminish any rights or obligations of the Federal agencies
under section 120(h) of CERCLA (including, without
limitation, the requirements of subsections (h)(3)(A) and
(h)(3)(C)(iv) of that section).
(2) Certification concerning costs.--A transfer of Federal
civilian real property may be made under paragraph (1) only
if the head of the disposing agency certifies to the Board
and Congress that--
(A) the costs of all environmental restoration, waste
management, and environmental compliance activities otherwise
to be paid by the disposing agency with respect to the
property are equal to or greater than the fair market value
of the property to be transferred, as determined by the head
of the disposing agency; or
(B) if such costs are lower than the fair market value of
the property, the recipient of the property agrees to pay the
difference between the fair market value and such costs.
(3) Payments to recipients.--In the case of a civilian real
property covered by a certification under paragraph (2)(A),
the disposing agency may pay the recipient of such property
an amount equal to the lesser of--
(A) the amount by which the costs incurred by the recipient
of such property for all environmental restoration, waste
management, and environmental compliance activities with
respect to such property exceed the fair market value of such
property as specified in such certification; or
(B) the amount by which the costs (as determined by the
head of the disposing agency) that would otherwise have been
incurred by the Secretary for such restoration, waste
[[Page H2937]]
management, and environmental compliance activities with
respect to such property exceed the fair market value of such
property as so specified.
(4) Information to be provided to recipients.--As part of
an agreement under paragraph (1), the head of the disposing
agency shall disclose, in accordance with applicable law, to
the person to whom the civilian real property will be
transferred information possessed by the disposing agency
regarding the environmental restoration, waste management,
and environmental compliance activities that relate to the
property. The head of the disposing agency shall provide such
information before entering into the agreement.
(5) Consideration of environmental remediation in granting
time extensions.--For the purposes of granting time
extensions under subsection (a), the Director of OMB shall
give the need for significant environmental remediation to a
civilian real property more weight than any other factor in
determining whether to grant an extension to implement a
Board recommendation.
(6) Limitation on statutory construction.--Nothing in this
Act may be construed to modify, alter, or amend CERCLA, the
National Environmental Policy Act of 1969, or the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
Act an initial appropriation of--
(1) $2,000,000 for salaries and expenses of the Board; and
(2) $40,000,000 to be deposited into the Asset Proceeds and
Space Management Fund for activities related to the
implementation of the Board's recommendations.
SEC. 16. FUNDING.
(a) Salaries and Expenses Account.--
(1) Establishment.--There is established in the Treasury of
the United States an account to be known as the ``Public
Buildings Reform Board Salaries and Expenses Account'' (in
this subsection referred to as the ``Account'').
(2) Necessary payments.--There shall be deposited into the
Account such amounts, as are provided in appropriations Acts,
for those necessary payments for salaries and expenses to
accomplish the administrative needs of the Board.
(b) Asset Proceeds and Space Management Fund.--
(1) Establishment.--There is established within the Federal
Buildings Fund established under section 592 of title 40,
United States Code, an account to be known as the Public
Buildings Reform Board--Asset Proceeds and Space Management
Fund (in this subsection referred to as the ``Fund'').
(2) Use of amounts.--Amounts in the Fund shall be used
solely for the purposes of carrying out actions pursuant to
the Board recommendations approved under section 13.
(3) Deposits.--The following amounts shall be deposited
into the Fund and made available for obligation or
expenditure only as provided in advance in appropriations
Acts (subject to section 3307 of title 40, United States
Code, to the extent an appropriation normally covered by that
section exceeds $20,000,000) for the purposes specified:
(A) Such amounts as are provided in appropriations Acts, to
remain available until expended, for the consolidation, co-
location, exchange, redevelopment, reconfiguration of space,
disposal, and other actions recommended by the Board for
Federal agencies.
(B) Amounts received from the sale of any civilian real
property action taken pursuant to a recommendation of the
Board.
(4) Use of amounts to cover costs.--As provided in
appropriations Acts, amounts in the Fund may be made
available to cover necessary costs associated with
implementing the recommendations pursuant to section 14,
including costs associated with--
(A) sales transactions;
(B) acquiring land, construction, constructing replacement
facilities, and conducting advance planning and design as may
be required to transfer functions from a Federal asset or
property to another Federal civilian property;
(C) co-location, redevelopment, disposal, and
reconfiguration of space; and
(D) other actions recommended by the Board for Federal
agencies.
(c) Additional Requirement for Budget Contents.--The
President shall transmit along with the President's budget
submitted pursuant to section 1105 of title 31, United States
Code, an estimate of proceeds that are the result of the
Board's recommendations and the obligations and expenditures
needed to support such recommendations.
SEC. 17. CONGRESSIONAL APPROVAL OF PROPOSED PROJECTS.
Section 3307(b) of title 40, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) a statement of how the proposed project is consistent
with the standards and criteria developed under section 11(b)
of the Federal Assets Sale and Transfer Act of 2016.''.
SEC. 18. PRECLUSION OF JUDICIAL REVIEW.
The following actions shall not be subject to judicial
review:
(1) Actions taken pursuant to sections 12 and 13.
(2) Actions of the Board.
SEC. 19. IMPLEMENTATION REVIEW BY GAO.
Upon transmittal of the Board's recommendations from the
Director of OMB to Congress under section 13, the Comptroller
General of the United States at least annually shall monitor
and review the implementation activities of Federal agencies
pursuant to section 14, and report to Congress any findings
and recommendations.
SEC. 20. AGENCY RETENTION OF PROCEEDS.
(a) In General.--Section 571 of title 40, United States
Code, is amended by striking subsections (a) and (b) and
inserting the following:
``(a) Proceeds From Transfer or Sale of Real Property.--
``(1) Deposit of net proceeds.--Net proceeds described in
subsection (c) 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, including paying costs
incurred by the General Services Administration for any
disposal-related activity authorized by this chapter.
``(3) Deficit reduction.--Any net proceeds described in
subsection (c) from the sale, lease, or other disposition of
surplus real property that are not expended under paragraph
(2) shall be used for deficit reduction. Any net proceeds not
obligated within 3 years after the date of deposit and not
expended within 5 years after such date shall be deposited as
miscellaneous receipts in the Treasury.
``(b) Effect on Other Sections.--Nothing in this section is
intended to affect section 572(b), 573, or 574.
``(c) 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),
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.''.
(b) Effective Date.--The provisions of this section,
including the amendments made by this section, shall take
effect upon the termination of the Board pursuant to section
10 and shall not apply to proceeds from transactions
conducted under section 14.
SEC. 21. FEDERAL REAL PROPERTY DATABASE.
(a) Database Required.--Not later than 1 year after the
date of 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) Whether the Federal real property is currently, or will
in the future be, needed to support agency's mission or
function.
(4) The utilization 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, in consultation
with the Director of OMB, shall make the database established
and maintained under this section available to other Federal
agencies.
(2) Public access.--To the extent consistent with national
security and procurement laws, the database shall be
accessible by the public at no cost through the Web site of
the General Services Administration.
(d) Transparency of Database.--To the extent practicable,
the Administrator shall ensure that the database--
(1) uses an open, machine-readable format;
(2) permits users to search and sort Federal real property
data; and
(3) includes a means to download a large amount of Federal
real property data and a selection of such data retrieved
using a search.
(e) Applicability.--Nothing in this section may be
construed to require an agency to make available to the
public information that is exempt from disclosure pursuant to
section 552(b) of title 5, United States Code.
SEC. 22. STREAMLINING MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
Section 501 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11411) is amended--
[[Page H2938]]
(1) in subsection (b)(2)--
(A) by striking ``(2)(A)'' and inserting ``(2)'';
(B) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively;
(C) in subparagraph (A) (as so redesignated) by striking
``and'' at the end;
(D) in subparagraph (B) (as so redesignated) by striking
the period at the end and inserting ``; and''; and
(E) by adding at the end the following:
``(C) in the case of surplus property, the provision of
permanent housing with or without supportive services is an
eligible use to assist the homeless under this section.'';
(2) in subsection (c)(1)(A) by striking ``in the Federal
Register'' and inserting ``on the Web site of the Department
of Housing and Urban Development or the General Services
Administration'';
(3) in subsection (d)--
(A) in paragraph (1) by striking ``period of 60 days'' and
inserting ``period of 30 days'';
(B) in paragraphs (2) and (4) by striking ``60-day period''
and inserting ``30-day period''; and
(C) in paragraph (3) by adding at the end the following:
``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 makes
changes to the property (e.g. improvements) that may change
the unsuitable determination and the Secretary subsequently
determines the property is suitable.'';
(4) in subsection (e)--
(A) in paragraph (2)--
(i) by striking ``(2)'' and inserting ``(2)(A)'';
(ii) in subparagraph (A) (as so designated)--
(I) by striking ``90 days'' and inserting ``75 days''; and
(II) by striking ``a complete application'' and inserting
``an initial application''; and
(iii) by adding at the end the following:
``(B) An initial application shall set forth--
``(i) the services that will be offered;
``(ii) the need for the services; and
``(iii) the experience of the applicant that demonstrates
the ability to provide the services.'';
(B) in paragraph (3) by striking ``25 days after receipt of
a completed application'' and inserting ``10 days after
receipt of an initial application''; and
(C) by adding at the end the following:
``(4) If the Secretary of Health and Human Services
approves an initial application, the applicant has 45 days in
which to provide a final application that sets forth a
reasonable plan to finance the approved program.
``(5) No later than 15 days after receipt of the final
application, the Secretary of Health and Human Services shall
review, make a final determination, and complete all actions
on the final application. The Secretary of Health and Human
Services shall maintain a public record of all actions taken
in response to an application.''; and
(5) in subsection (f)(1) by striking ``available by'' and
inserting ``available, at the applicant's discretion, by''.
SEC. 23. ADDITIONAL PROPERTY.
Section 549(c)(3)(B)(vii) of title 40, United States Code,
is amended to read as follows:
``(vii) a museum attended by the public, and, for purposes
of determining whether a museum is attended by the public,
the Administrator shall consider a museum to be public if the
nonprofit educational or public health institution or
organization, at minimum, accedes to any request submitted
for access during business hours;''.
SEC. 24. SALE OF 12TH AND INDEPENDENCE.
(a) Definition.--In this section, the term ``property''
means the property located in the District of Columbia,
subject to survey and as determined by the Administrator of
General Services, generally consisting of Squares 325 and 326
and a portion of Square 351 and generally bounded by 12th
Street, Independence Avenue, C Street, and the James
Forrestal Building, all in Southwest Washington, District of
Columbia, and shall include all associated air rights,
improvements thereon, and appurtenances thereto.
(b) Sale.--Not later than December 31, 2018, the
Administrator of General Services shall sell the property at
fair market value at highest and best use.
(c) Net Proceeds.--Any net proceeds received shall be paid
into an account in the Federal Buildings Fund established
under section 592 of title 40, United States Code. Upon
deposit, the net proceeds from the sale may be expended only
subject to a specific future appropriation.
SEC. 25. SALE OF COTTON ANNEX.
(a) Definition.--In this section, the term ``property''
means property located in the District of Columbia, subject
to survey and as determined by the Administrator, generally
consisting of Square 326 south of C Street, all in Southwest
Washington, District of Columbia, including the building
known as the Cotton Annex.
(b) Sale.--Not later than December 31, 2018, the
Administrator of General Services shall sell the property at
fair market value at highest and best use.
(c) Net Proceeds.--Any net proceeds received shall be paid
into an account in the Federal Buildings Fund established
under section 592 of title 40, United States Code. Upon
deposit, the net proceeds from the sale may be expended only
subject to a specific future appropriation.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Barletta) and the gentleman from Indiana (Mr. Carson)
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. BARLETTA. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and to
include any extraneous material on H.R. 4465, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. BARLETTA. Mr. Speaker, I yield myself such time as I may consume.
H.R. 4465, as amended, includes reforms that will reduce the deficit
through the consolidation and selling of Federal buildings and
improving the management of Federal real property. I am pleased to be a
cosponsor of this legislation.
I want to recognize the tireless work of the gentleman and former
chair of the Economic Development, Public Buildings, and Emergency
Management Subcommittee, Mr. Denham, for his leadership on this issue,
along with the chairman of the Committee on Oversight and Government
Reform, Mr. Chaffetz. This bipartisan legislation incorporates critical
provisions crafted by both committees to address decades-old problems
related to Federal real property.
H.R. 4465, as amended, establishes a pilot program that includes an
independent review of the Federal real property inventory and
development of recommendations for the disposition of vacant and
underutilized properties. We have had hearings highlighting Federal
buildings sitting vacant, costing the taxpayer through maintenance
costs and unrealized sale proceeds. These buildings are often eyesores
in local communities and provide no local tax benefits.
Agencies have been slow in getting rid of unneeded properties. For
example, the Old Georgetown Heating Plant, in one of the most expensive
areas of D.C., sat vacant for 11 years and was only sold after our
committee held a hearing spotlighting the vacant property. The pilot
included in this legislation will result in an independent look across
agencies at opportunities to sell, redevelop, and consolidate Federal
properties.
Following the pilot, H.R. 4465, as amended, would then allow agencies
to retain a portion of the disposal proceeds to offset the up-front
cost of property disposal.
The legislation will also codify the Federal real property database,
providing for better congressional oversight of the real property
inventory. If this bill works as intended, we can make significant
strides in reducing the cost to the taxpayer and putting underused
properties back on local tax rolls for redevelopment.
I urge my colleagues to support passage of this important
legislation.
I reserve the balance of my time.
Mr. CARSON of Indiana. Mr. Speaker, I yield myself such time as I may
consume.
I rise in support of H.R. 4465, the Federal Assets Sale and Transfer
Act of 2016. This bill begins the process of reforming GSA's public
building services.
I would like to, first of all, recognize wholeheartedly my very good
friend, whom I had an opportunity to travel with, my colleague from
California (Mr. Denham) for his work in bringing this bill before the
Transportation Committee and now the full House, and also my colleague
Chairman Barletta.
Today's legislation, Mr. Speaker, really has the potential to be a
valuable tool in right-sizing our Federal footprint. It authorizes an
independent board that could provide a source of revenue for the
Federal Government to invest in its existing buildings and to better
manage its real estate portfolio. The board would make recommendations
to dispose of unneeded and underutilized real estate, and it would make
recommendations to consolidate Federal real estate functions where
appropriate.
H.R. 4465 is consistent with several governmentwide memoranda issued
by the President that ordered agencies to reduce and freeze their real
estate footprints. These directives represent the administration's
sustained priority of improving the management of Federal real estate.
I believe H.R. 4465 dovetails
[[Page H2939]]
well with the administration's priorities and begins to address the
issue in very meaningful ways.
Both the Transportation Committee and the Government Accountability
Office, or GAO, have repeatedly raised concerns about the way Federal
real property has been managed. The proposed board would be highly
instrumental in reconfiguring, co-locating, and even realigning the
Federal real estate portfolio with best practices.
Although I believe the board can serve an important role in disposing
of unneeded real estate, I also urge the board to not sell real estate
assets in a soft market or sell properties that hamstring the
government's ability to house Federal employees in the future. Expert
and specialized skill is still very necessary to dispose of
underutilized real estate assets while avoiding selling property the
government could need in the future. Without this expertise, we could
end up with transactions leading to future long-term leasing because of
the haphazard disposal of underutilized real estate.
It is very important to note that today's legislation contains
several checks and balances. As a result of the concerns expressed on
my side of the aisle, there were several changes to the bill while
negotiating the final version. Instead of the bill requiring six annual
recommendations, as originally proposed, the board will now make three
sets of detailed recommendations over 6 years so that Congress can
conduct oversight of the board's actions and properly gauge the
alignment of the board's goals with congressional priorities.
In addition, the aggregate value of transactions is capped at no more
than $8 billion. Each potential real estate action with a value above
$20 million will require an appropriation that will go through the
normal GSA prospectus approval process.
Now, Mr. Speaker, Federal agencies will be required to coordinate
construction and alteration projects with GSA. I appreciate that the
sponsors of this important legislation were willing to work with us to
address these concerns, and we look forward to continuing this great
work as it is being implemented
In conclusion, Mr. Speaker, I support today's legislation. It creates
an independent board to make recommendations on how to meet the goal of
right-sizing the Federal real estate portfolio and saving taxpayers
millions of dollars.
I intend to conduct vigorous oversight of this board and the actions
taken by GSA in order to make it a success.
Mr. Speaker, I reserve the balance of my time.
Mr. BARLETTA. Mr. Speaker, I yield 5 minutes to the gentleman from
California (Mr. Denham).
Mr. DENHAM. Mr. Speaker, I rise today in support of legislation I
have authored to help reduce the size of the Federal footprint.
I first would like to thank Chairman Shuster and Chairman Barletta
for their ongoing support in this effort, as well as Ranking Member
DeFazio and Ranking Member Carson for their help also.
This is truly a bipartisan bill. It is a bill that has garnered a lot
of support because we have worked with both sides of the aisle, as well
as with groups that have a vested interest in making sure that this
happens correctly.
I also thank Chairman Chaffetz and Ranking Member Cummings of the
Committee on Oversight and Government Reform for working to bridge the
differences between our two committees.
Given our trillion-dollar deficit and skyrocketing debt, we have to
examine every area of government and look for ways to continue to cut
spending. This bill has taken 5 years in the making. It was one of the
first actions when I, as a chair of this subcommittee, initially, we
held a hearing in the Old Post Office in D.C. It was a January morning
with freezing temperatures. We went in to show that this vacant
building was sitting there and could be revitalized. Now we are going
to see that building not only reopen as a hotel and retail space, but
it is going to generate millions in profits for the Federal Government.
We continued to hold hearings like this in abandoned buildings all
across the country, ones that were neglected, underutilized buildings,
just to highlight the failed state of failed property management. We
were successful in pressuring GSA in selling the long vacant Georgetown
West Heating Plant. That netted $20 million to the American taxpayer.
Sadly, this has got to be done across the entire country.
Every year since 2003, GAO, the Government Accountability Office, has
found that the Federal Government fails to manage hundreds of thousands
of buildings across the entire country. According to the GAO, the
Federal Government continues to maintain too much excess and
underutilized property, relies too heavily on costly leased space, and
maintains unreliable and misleading real property lists. The GAO agrees
and has stated before this committee that legislation like the Federal
Assets Sale and Transfer Act would go a long way toward fixing the
problems with Federal real property.
The President has also continued to support reforms to Federal real
estate since speaking on it in his 2011 State of the Union. He has
included it in his budget since then, and I am also pleased to have
secured the commitment of this administration to advance legislation
and work with myself and Chairman Chaffetz to see real reforms signed
into law. Additionally, both Houses of Congress have included this idea
in their annual budget documents.
I believe that we have the potential to save billions of dollars in
real estate property. To be successful, this board will need to
consolidate the Federal footprint, house more Federal employees in less
overall space, reduce our reliance on costly lease space, sell or
redevelop high-value assets that are underutilized, and dispose of
surplus property much, much quicker. This bill creates an environment
that will achieve these goals and creates a reliable and comprehensive
real property database so the public can actually see government's
progress.
Additionally, as I said, we worked with other groups. One of those
was dealing with the McKinney-Vento Act to better facilitate access to
unneeded Federal real property to serve our Nation's homeless
population. I am proud that these changes have led to the endorsement
of this legislation by the National Law Center on Homelessness and
Poverty. I am pleased to work with the Law Center throughout this
process and look forward to continuing to work with them to address our
Nation's most vulnerable citizens.
Again, this is a good bill. This has been done in a bipartisan
fashion, and it is going to save billions of dollars for the taxpayer.
Mr. CARSON of Indiana. Mr. Speaker, I yield back the balance of my
time.
Mr. BARLETTA. Mr. Speaker, I yield 3 minutes to the gentleman from
Tennessee (Mr. Duncan).
Mr. DUNCAN of Tennessee. Mr. Speaker, I thank Chairman Barletta for
yielding me this time.
I rise in support of both H.R. 4465, the bill by Chairman Denham, and
H.R. 4487 by Chairman Barletta.
We need to realize, Mr. Speaker, that private ownership of property
is a very important, even vital, part of our freedom and our
prosperity.
Today, the Federal Government owns almost 30 percent of the land in
this Nation, and State and local governments and quasi-governmental
agencies own almost 20 percent. So today, close to half of the land in
this country is under some type of public governmental ownership. But
you can never satisfy government's appetite for money or land. They
always want more.
I first became interested in this issue when I read in USA Today
several years ago that governments keep adding land equal to half the
size of the State of New Jersey each year through direct purchases or
through indirect purchases through land conservancies. Then I read that
the Federal Bureau of Land Management had about 3 million acres they
didn't even want.
I first introduced a bill on this subject in 2001, during the 107th
Congress, called the Federal Lands Improvement Act. I reintroduced it
in the next Congress. Then, in the 110th Congress, I introduced a
similar bill with my colleague from the other side, Congressman Dennis
Moore of Kansas, called the Federal Real Property Disposal Enhancement
Act. In a similar bipartisan
[[Page H2940]]
fashion, Senator Tom Carper of Delaware and Senator Tom Coburn of
Oklahoma introduced companion legislation in the Senate.
Several years ago, the Office of Management and Budget had found
21,000 Federal properties that the Federal Government no longer wanted
or needed worth, at that time, $18 billion, and $9 billion of those
were real property assets that the Federal Government wanted to dispose
of.
{time} 1945
Jim Nussle, who was the Office of Management and Budget Director at
the time, wrote a letter endorsing legislation to do what these bills
are attempting to do here tonight.
He said: ``To reach this objective, I believe we must improve and
streamline the current process that Federal agencies face in disposing
of real property assets.''
Some extremists never want the government to sell any property, and
government at all levels continues to acquire more and more land every
year. But we keep shrinking the tax base, Mr. Speaker, at the time that
schools and policemen and all these other government employees want and
need more funding.
This legislation, we have worked on this through both the Committee
on Transportation and Infrastructure, on which I serve, and the
Committee on Oversight and Government Reform, on which I also serve. I
want to commend, again, Chairman Barletta and Chairman Denham because,
with so many needs and so many good things that we can do for the
American people, it simply makes no sense to force the government to
keep properties that it no longer needs or wants. We can and should put
those assets to much better use.
Mr. BARLETTA. Mr. Speaker, I yield 5 minutes to the gentleman from
Florida (Mr. Mica).
Mr. MICA. Mr. Speaker, I have to thank the chairman, the gentleman
from Pennsylvania (Mr. Barletta), for taking this measure this far. I
want to thank the gentleman from Indiana (Mr. Carson) also. I have to
also thank Mr. Denham and others for bringing this legislation forward.
My involvement as a member and former chair of the Committee on
Transportation and Infrastructure was that we had the Subcommittee on
Economic Development, Public Buildings, and Emergency Management, which
the distinguished gentleman from Pennsylvania (Mr. Barletta) chairs and
the gentleman from Indiana (Mr. Carson) is the ranking member. They
have taken this proposal that we thought about for sometime, and we
heard Mr. Duncan's work for years and brought it forward to a great
piece of legislation that can save billions of dollars for the
taxpayers.
The Federal Government and the American people are, by far, the
largest landowners of anyone anywhere. The American people own more
Federal property than anyone. There are some problems, though, and we
identified those. When we were in the minority several years back, we
had more time to do studies and reports. Mr. Speaker, we produced a
report that was called ``Sitting on Our Assets: The Federal
Government's Misuse of Taxpayer-Owned Assets.''
What we did is we went through some of the public buildings and
properties that are sitting idle. One highlighted in the report--you
can look the report up--is the old post office two blocks from the
White House sitting there idle, 400,000 square feet. Half of it is
empty. Behind it there is a newer annex. The old building was built in
the 1890s. It was half empty, costing the taxpayers $6 million to $8
million a year in losses, to underwrite the losses.
It took us two hearings. The first hearing we held was in the empty
annex, empty for 15 years. We brought the committee down there. The
staff said: Should we do it in the heated part half empty or should we
do it in the cold part?
It was 32 degrees outside, 38 degrees inside. We did the hearing in
the cold part. We made the bureaucrats shiver.
For a year they still didn't do anything. We got it put up for
tender. Guess who won against the competition of the best hotels. Ritz
Carlton, Marriott, and all of the other majors, Hilton, they all
competed openly. Mr. Trump and his organization won. He is turning that
asset that has been sitting idle, costing taxpayers from $6 million to
$8 million a year in losses, into about a quarter of a million dollars
revenue, plus a percentage of some of the profits. Now, that is what
you do in turning government properties around. That is one example.
You could go throughout the District. Behind the Ritz Carlton in
Georgetown there is a property, a power station. We did a hearing in
the empty building there. We got it up for sale. Actually, the ``for
sale'' sign went up the day before the hearing. It sold for $19
million. It was costing us $1 million a year to maintain empty.
One of the greatest victories is going to occur on June 3. Since
2008, the Federal courthouse, which is a beautiful, historic building
in downtown Miami, empty, costing more than $1.5 million to keep empty,
deteriorating. We held a hearing there in the empty courthouse several
years back. Nothing happened. Then I heard from the president of Miami
Dade Community College, my alma mater, across the street.
He said: I have written GSA, and we can't get them to do anything.
Well, on June 3, we will transfer that vacant property sitting idle
since 2008 to Miami Dade Community College, stemming losses.
These are just a few examples. Up in Mr. Hoyer's district, we have
got thousands of acres between the two major thoroughfares vacant at
the Department of Agriculture.
At Cape Kennedy, we have been private there for 5 years. We took the
committee down, and we did a hearing there, 177,000 acres, five times
the size of Manhattan. There are another 16,000 acres adjacent with the
Air Force, sitting there with 400 buildings, half of them empty. All I
need is 400 acres from the Air Force to do a cargo container port, and
you could employ 5,000 people. That is what the port director
testified.
So we have assets across this Nation sitting idle because no
bureaucrat has the beanie up here to make that into a producing asset.
We haven't even gotten into VA. This doesn't include the Postal Service
or DOD. We have thousands of properties, buildings sitting idle. This
bill starts the process.
If you owned property, would you give it to the Federal Government to
manage?
I always ask groups that. People look at me like I have been smoking
marijuana.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. BARLETTA. Mr. Speaker, I yield an additional 1 minute to the
gentleman.
Mr. MICA. People look at you like you are dumb.
Would you consider giving your property--any of the Members--to the
Federal Government to manage?
No way, Jose; they would not do it. So this bill has people who
really know how to deal and manage real estate look at the properties.
We don't even have an inventory of these properties, as some of this
gets beyond the pale.
But we will get an inventory, we will get a recommendation, and then
hopefully do something, make agencies do something. Bureaucrats will do
nothing with those properties. They don't think. Their brains are not
wired to think. They do nothing smart. They are getting their paycheck.
They don't think.
So this is the beginning of getting out of the dumb ages into the
smart ages, taking those hard-earned public assets, the poor person out
there who is dogging it, trying to put food on the table, gas in the
car, kids in school, and the government is sitting on huge Federal
assets doing nothing.
Thank you for coming forward with this bill. Let's get it done. Let's
get it passed.
Mr. BARLETTA. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Barletta) that the House suspend the
rules and pass the bill, H.R. 4465, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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