[Congressional Record (Bound Edition), Volume 158 (2012), Part 3]
[House]
[Pages 3713-3717]
[From the U.S. 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

[[Page 3714]]

       ``(5) any congressional notification requirement other than 
     that in section 545 of this title.

     ``Sec.  624. Special rules for deposit and use of proceeds 
       from expedited disposals

       ``The proceeds from an expedited disposal of real property 
     under this subchapter shall be deposited into the General 
     Fund of the Treasury. Two percent of such proceeds is 
     authorized to be appropriated until expended to fund the 
     grant program under section 625.

     ``Sec.  625. Homeless assistance grants

       ``(a) Grant Authority.--To the extent amounts are made 
     available pursuant to section 624 for use under this section, 
     the Secretary of Housing and Urban Development shall make 
     grants to eligible private nonprofit organizations under 
     subsection (b) to purchase property suitable for use to 
     assist the homeless as provided in subsection (c).
       ``(b) Eligible Grantees.--To be eligible to receive a grant 
     under subsection (a), a private nonprofit organization shall 
     be a representative of the homeless, as such term is defined 
     in section 501(i)(4) of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11411(i)(4)).
       ``(c) Use of Properties for Housing or Shelter for the 
     Homeless.--
       ``(1) Eligible uses.--A nonprofit organization that 
     receives a grant under subsection (a) shall use the amounts 
     received under such grant only to acquire or rehabilitate 
     real property for use to provide permanent housing (as such 
     term is defined in section 401 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11360)), transitional housing (as 
     such term is defined in such section 401), or temporary 
     shelter, for persons who are homeless.
       ``(2) Term of use.--The Secretary of Housing and Urban 
     Development may not make a grant under subsection (a) to a 
     private nonprofit organization unless the organization 
     provides the Secretary with such assurances as the Secretary 
     determines necessary to ensure that any property acquired or 
     rehabilitated using the amounts received under such grant is 
     used only as provided in paragraph (1) of this subsection for 
     a period of not fewer than 15 years.
       ``(d) Preference.--In awarding grants under subsection (a), 
     the Secretary of Housing and Urban Development shall give 
     preference for such grants to private nonprofit organizations 
     that operate within areas in which Federal real property is 
     being sold under the Federal Real Property Disposal Pilot 
     Program under this subchapter.
       ``(e) Nonprofit Organization.--For purposes of this 
     section, the following definitions shall apply:
       ``(1) Homeless.--The term `homeless' has the meaning given 
     such term in section 103 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11302(a)), except that subsection 
     (c) of such section shall not apply for purposes of this 
     section.
       ``(2) Private nonprofit organization.--The term `private 
     nonprofit organization' has the meaning given such term in 
     section 401 of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11360).
       ``(f) Regulations.--The Secretary of Housing and Urban 
     Development may issue any regulations necessary to carry out 
     this section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 5 of subtitle I of title 40, United 
     States Code, is amended by inserting after the item relating 
     to section 611 the following:

          ``subchapter vii--expedited disposal of real property

``621. Federal real property disposal pilot program.
``622. Selection of real properties.
``623. Expedited disposal requirements.
``624. Special rules for deposit and use of proceeds from expedited 
              disposals.
``625. Homeless assistance grants.''.

     SEC. 3. DUTIES OF THE GENERAL SERVICES ADMINISTRATION AND 
                   EXECUTIVE AGENCIES.

       (a) In General.--Section 524 of title 40, United States 
     Code, is amended to read as follows:

     ``Sec.  524. Duties of the General Services Administration 
       and executive agencies

       ``(a) Duties of the General Services Administration.--
       ``(1) Guidance.--Not later than 6 months after the date of 
     the enactment of this section, and when necessary thereafter, 
     the Administrator of General Services shall issue guidance 
     for the development and implementation of executive agency 
     real property plans. Such guidance shall include 
     recommendations on--
       ``(A) how to identify excess properties;
       ``(B) how to evaluate the costs and benefits associated 
     with disposing of real property;
       ``(C) how to prioritize disposal decisions based on agency 
     missions and anticipated future need for holdings; and
       ``(D) how best to dispose of those properties identified as 
     excess to meet the needs of the agency.
       ``(2) Assistance.--The Administrator shall assist executive 
     agencies in the identification and disposal of excess real 
     property.
       ``(b) Duties of Executive Agencies.--
       ``(1) In general.--Each executive agency shall--
       ``(A) maintain adequate inventory controls and 
     accountability systems for property under its control;
       ``(B) continuously survey property under its control to 
     identify excess property;
       ``(C) promptly report excess property to the Administrator;
       ``(D) perform the care and handling of excess property; and
       ``(E) transfer or dispose of excess property as promptly as 
     possible in accordance with authority delegated and 
     regulations prescribed by the Administrator.
       ``(2) Specific requirements with respect to real 
     property.--With respect to real property, each executive 
     agency shall--
       ``(A) develop and implement a real property plan in order 
     to identify properties to declare as excess using the 
     guidance issued under subsection (a)(1);
       ``(B) identify and categorize all real property owned, 
     leased, or otherwise managed by the agency;
       ``(C) establish adequate goals and incentives to reduce 
     excess real property in such agency's inventory; and
       ``(D) when appropriate, use the authorities in section 
     572(a)(2)(B) of this title in order to identify and prepare 
     real property to be reported as excess.
       ``(3) Additional requirements.--Each executive agency, as 
     far as practicable, shall--
       ``(A) reassign property to another activity within the 
     agency when the property is no longer required for the 
     purposes of the appropriation used to make the purchase;
       ``(B) transfer excess property under its control to other 
     Federal agencies and to organizations specified in section 
     321(c)(2) of this title; and
       ``(C) obtain excess properties from other Federal agencies 
     to meet mission needs before acquiring non-Federal 
     property.''.
       (b) Clerical Amendment.--The item relating to section 524 
     in the table of sections at the beginning of chapter 5 of 
     such title is amended to read as follows:

``524. Duties of the General Services Administration and executive 
              agencies.''.

       (c) GSA Report.--
       (1) In general.--Not later than three years after the date 
     of the enactment of this Act, the Administrator of General 
     Services shall submit a report to the Committee on Oversight 
     and Government Reform of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate on the implementation of section 524, as amended 
     by subsection (a), and each of the following:
       (A) The efforts of each executive agency to reduce such 
     agency's real property assets, based on data submitted from 
     such agency.
       (B) For each excess and surplus real property facility/
     installation disposed of, an indication of--
       (i) the date and method of disposal;
       (ii) the proceeds obtained from the disposition of such 
     property;
       (iii) the amount of time required to fully dispose of 
     excess and surplus real property under the custody and 
     control of all executive agencies; and
       (iv) the cost to dispose of surplus and excess real 
     property under the custody and control of all executive 
     agencies.
       (2) Definitions.--The terms ``excess property'', 
     ``executive agency'', and ``surplus property'' have the 
     meanings given those terms in section 102 of title 40, United 
     States Code.

     SEC. 4. ENHANCED AUTHORITIES WITH REGARD TO PREPARING 
                   PROPERTIES TO BE REPORTED AS EXCESS.

       Section 572(a)(2) of title 40, United States Code, is 
     amended--
       (1) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (2) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) Additional authority.--(i) From the fund described in 
     paragraph (1), subject to clause (iv) of this subparagraph, 
     the Administrator may obligate an amount to pay the direct 
     and indirect costs related to identifying and preparing 
     properties to be reported excess by another agency.
       ``(ii) The General Services Administration shall be 
     reimbursed from the proceeds of the sale of such properties 
     for such costs.
       ``(iii) Net proceeds shall be dispersed pursuant to section 
     571 of this title.
       ``(iv) The authority under clause (i) to obligate funds to 
     prepare properties to be reported excess does not include the 
     authority to convey such properties by use, sale, lease, 
     exchange, or otherwise, including through leaseback 
     arrangements or service agreements.
       ``(v) Nothing in this subparagraph is intended to affect 
     subparagraph (D).''.

     SEC. 5. ENHANCED AUTHORITIES WITH REGARD TO REVERTED REAL 
                   PROPERTY.

       (a) Authority to Pay Expenses Related to Reverted Real 
     Property.--Section 572(a)(2)(A) of title 40, United States 
     Code, is amended by adding at the end the following:
       ``(iv) The direct and indirect costs associated with the 
     reversion, custody, and disposal of reverted real 
     property.''.
       (b) Requirements Related to Sales of Reverted Property 
     Under Section 550.--Section 550(b)(1) of title 40, United 
     States Code, is amended--
       (1) by inserting ``(A)'' after ``(1) In general.--''; and

[[Page 3715]]

       (2) by adding at the end the following: ``If the official, 
     in consultation with the Administrator, recommends reversion 
     of the property, the Administrator shall take control of such 
     property, and, subject to subparagraph (B), sell it at or 
     above appraised fair market value for cash and not by lease, 
     exchange, leaseback arrangements, or service agreements.
       ``(B) Prior to sale, the Administrator shall make such 
     property available to State and local governments and certain 
     non-profit institutions or organizations pursuant to this 
     section and sections 553 and 554 of this title.''.
       (c) Requirements Related to Sales of Reverted Property 
     Under Section 553.--Section 553(e) of title 40, United States 
     Code, is amended--
       (1) by inserting ``(1)'' after ``This Section.--''; and
       (2) by adding at the end the following: ``If the 
     Administrator determines that reversion of the property is 
     necessary to enforce compliance with the terms of the 
     conveyance, the Administrator shall take control of such 
     property and, subject to paragraph (2), sell it at or above 
     appraised fair market value for cash and not by lease, 
     exchange, leaseback arrangements, or service agreements.
       ``(2) Prior to sale, the Administrator shall make such 
     property available to State and local governments and certain 
     non-profit institutions or organizations pursuant to this 
     section and sections 550 and 554 of this title.''.

     SEC. 6. AGENCY RETENTION OF PROCEEDS.

       The text of section 571 of title 40, United States Code, is 
     amended to read as follows:
       ``(a) Proceeds From Transfer or Sale of Real Property.--
       ``(1) Deposit of net proceeds.--Net proceeds described in 
     subsection (d) shall be deposited into the appropriate real 
     property account of the agency that had custody and 
     accountability for the real property at the time the real 
     property is determined to be excess.
       ``(2) Expenditure of net proceeds.--The net proceeds 
     deposited pursuant to paragraph (1) may only be expended as 
     authorized in annual appropriations Acts, for activities 
     described in sections 543 and 545 of this title, including 
     paying costs incurred by the General Services Administration 
     for any disposal-related activity authorized by this title.
       ``(3) Deficit reduction.--Any net proceeds described in 
     subsection (d) from the sale, lease, or other disposition of 
     surplus real property that are not expended under paragraph 
     (2) shall be used for deficit reduction.
       ``(b) Effect on Other Sections.--Nothing in this section is 
     intended to affect section 572(b), 573, or 574 of this title.
       ``(c) Disposal Agency for Reverted Property.--For the 
     purposes of this section, for any real property that reverts 
     to the United States under sections 550 and 553 of this 
     title, the General Services Administration, as the disposal 
     agency, shall be treated as the agency with custody and 
     accountability for the real property at the time the real 
     property is determined to be excess.
       ``(d) Net Proceeds.--The net proceeds described in this 
     subsection are proceeds under this chapter, less expenses of 
     the transfer or disposition as provided in section 572(a) of 
     this title, from a--
       ``(1) transfer of excess real property to a Federal agency 
     for agency use; or
       ``(2) sale, lease, or other disposition of surplus real 
     property.
       ``(e) Proceeds From Transfer or Sale of Personal 
     Property.--
       ``(1) In general.--Except as otherwise provided in this 
     subchapter, proceeds described in paragraph (2) shall be 
     deposited in the Treasury as miscellaneous receipts.
       ``(2) Proceeds.--The proceeds described in this paragraph 
     are proceeds under this chapter from--
       ``(A) a transfer of excess personal property to a Federal 
     agency for agency use; or
       ``(B) a sale, lease, or other disposition of surplus 
     personal property.
       ``(3) Payment of expenses of sale before deposit.--Subject 
     to regulations under this subtitle, the expenses of the sale 
     of personal property may be paid from the proceeds of sale so 
     that only the net proceeds are deposited in the Treasury. 
     This paragraph applies whether proceeds are deposited as 
     miscellaneous receipts or to the credit of an appropriation 
     as authorized by law.''.

     SEC. 7. FEDERAL REAL PROPERTY DATABASE.

       (a) In General.--Subchapter II of chapter 5 of title 40, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec.  530. Federal real property database

       ``(a) Database Required.--Not later than one year after the 
     date of the enactment of this section, the Administrator of 
     General Services shall publish a single, comprehensive, and 
     descriptive database of all Federal real property under the 
     custody and control of all executive agencies, other than 
     Federal real property excluded for reasons of national 
     security, in accordance with subsection (b).
       ``(b) Required Information for Database.--The Administrator 
     shall collect from the head of each executive agency 
     descriptive information, except for classified information, 
     of the nature, use, and extent of the Federal real property 
     of each such agency, including the following:
       ``(1) The geographic location of each Federal real property 
     of each such agency, including the address and description 
     for each such property.
       ``(2) The total size of each Federal real property of each 
     such agency, including square footage and acreage of each 
     such property.
       ``(3) The relevance of each Federal real property to the 
     agency's mission.
       ``(4) The level of use of each Federal real property for 
     each such agency, including whether such property is excess, 
     surplus, underutilized, or unutilized.
       ``(5) The number of days each Federal real property is 
     designated as excess, surplus, underutilized, or unutilized.
       ``(6) The annual operating costs of each Federal real 
     property.
       ``(7) The replacement value of each Federal real property.
       ``(c) Access to Database.--
       ``(1) Federal agencies.--The Administrator shall, in 
     consultation with the Director of the Office of Management 
     and Budget, make the database established and maintained 
     under this section available to other Federal agencies.
       ``(2) Public access.--To the extent consistent with 
     national security, the database shall be accessible by the 
     public at no cost through the website of the General Services 
     Administration.
       ``(d) Transparency of Database.--To the extent practicable, 
     the Administrator shall ensure that the database--
       ``(1) uses an open, machine-readable format;
       ``(2) permits users to search and sort Federal real 
     property data; and
       ``(3) includes a means to download a large amount of 
     Federal real property data and a selection of such data 
     retrieved using a search.
       ``(e) Applicability.--Nothing in this section may be 
     construed to require an agency to make available to the 
     public information that is exempt from disclosure pursuant to 
     section 552(b) of title 5.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 5 of title 40, United States Code, is 
     amended by inserting after the item relating to section 529 
     the following new item:

``530. Federal real property database.''.

     SEC. 8. SUSTAINABLE DISPOSAL OF PROPERTY.

       (a) In General.--Subchapter III of chapter 5 of title 40, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec.  560. Sustainable disposal of property

       ``The head of each Federal agency shall divert at least 50 
     percent of construction and demolition materials and debris 
     by the end of fiscal year 2015.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 5 of title 40, United States Code, is 
     amended by inserting after the item relating to section 559 
     the following new item:

``560. Sustainable disposal of property.''.

     SEC. 9. STREAMLINING THE MCKINNEY-VENTO HOMELESS ASSISTANCE 
                   ACT.

       Section 501 of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11411) is amended--
       (1) in subsection (a), by adding at the end the following 
     new sentence: ``Agencies shall not be required to submit 
     information to the Secretary regarding properties located in 
     an area for which the general public is denied access in the 
     interest of national security.'';
       (2) in subsection (c)(1)(A), by striking ``in the Federal 
     Register'' and inserting the following: ``on the website of 
     the Department of Housing and Urban Development or the 
     General Services Administration''; and
       (3) in subsection (d)(3), by adding at the end the 
     following new sentence: ``If no such review of the 
     determination is requested within the 20-day period, such 
     property will not be included in subsequent publications 
     unless the landholding agency reclassifies the property as 
     available and the Secretary subsequently determines the 
     property is suitable.''.

  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.

[[Page 3716]]

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 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

[[Page 3717]]

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.
  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.

                          ____________________