[House Report 106-275]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-275

======================================================================



 
       LAW ENFORCEMENT AND PUBLIC SAFETY ENHANCEMENT ACT OF 1999

                                _______
                                

 July 30, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


    Mr. Burton of Indiana, from the Committee on Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1442]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Government Reform, to whom was referred the 
bill (H.R. 1442) to amend the Federal Property and 
Administrative Services Act of 1949 to continue and extend 
authority for transfers to State and local governments of 
certain property for law enforcement, public safety, and 
emergency response purposes, having considered the same, report 
favorably thereon with amendments and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
  I. Background and Need for the Legislation..........................2
 II. Legislative Hearings and Committee Actions.......................4
III. Committee Hearings and Written Testimony.........................4
 IV. Explanation of the Bill..........................................5
  V. Committee Oversight Findings.....................................5
 VI. Budget Analysis and Projections..................................5
VII. Cost Estimate of the Congressional Budget Office.................6
VIII.Statement of Constitutional Authority............................7

 IX. Committee Recommendation.........................................8
  X. Congressional Accountability Act; P.L. 104-1.....................8
 XI. Unfunded Mandates Reform Act; P.L. 104-4, Section 423............8
XII. Federal Advisory Committee Act (5 U.S.C. App.) Section 5(b)......8
XIII.Changes in Existing Law..........................................8


    The amendments are as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Law Enforcement and Public Safety 
Enhancement Act of 1999''.

SEC. 2. AMENDMENT OF FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT 
                    OF 1949.

  That section 203(p)(1)(B) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 484(p)(1)(B)) is amended--
          (1) by striking clause (ii);
          (2) by striking ``(i)'';
          (3) by striking ``(I)'' and inserting ``(i)''; and
          (4) by striking ``(II)'' and inserting ``(ii)''.

  Amend the title so as to read:

      A bill to amend the Federal Property and Administrative 
Services Act of 1949 to continue authority for transfers to 
State and local governments of certain property for law 
enforcement and emergency response purposes.

                 I. Background and Need for Legislation

    The Federal Property and Administrative Services Act of 
1949 (FPA) is the general law regarding the acquisition, 
utilization, and disposition of surplus Federal property.\1\ 
Under the FPA, property that is no longer needed by a Federal 
department or agency is reported to the General Services 
Administration (GSA) as excess property. The GSA screens excess 
property for reuse by another Federal department or agency. If 
another agency determines that it can use the property, it is 
reused. If there is no further Federal interest in the 
property, it is declared surplus, and may be disposed of by the 
GSA in accordance with the FPA.
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    \1\ The Federal Property and Administrative Services Act of 1949, 
63 Stat. 377, 40 U.S.C. 475 et seq.
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    The GSA has a number of options for disposing of surplus 
property. Surplus property can be transferred to a State or 
local government or to an eligible nonprofit organization at 
little or no cost under several restricted public benefit uses. 
The GSA can negotiate a sale of the property with a State or 
local government at fair market value. The property can also be 
sold to the public under competitive bidding procedures.
    Under existing law, eligible units of State and local 
governments and certain nonprofit institutions may acquire 
surplus real property for public benefit uses at monetary 
discounts of up to 100 percent. Public benefit conveyance 
categories include parks and recreation, historic monuments, 
airports, health, education, correctional facilities, highways, 
and wildlife conservation. In accordance with the Stewart B. 
McKinney Homeless Assistance Act (McKinney Act), suitable 
surplus Federal property is to be made available for homeless 
assistance on a priority basis.\2\
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    \2\ The Stewart B. McKinney Homeless Assistance Act of 1987, 42 
U.S.C. 11411 (1987).
---------------------------------------------------------------------------
    Under the public benefit programs, eligible State and local 
government entities must apply to a sponsoring Federal agency. 
For example, if a city wanted to obtain surplus Federal 
property for use as a college, it would make an application to 
the Department of Education. With the exception of properties 
conveyed for use by the homeless under the McKinney Act, the 
GSA makes the final determination on whether a property is to 
be sold or conveyed under a public benefit authority.
    H.R. 1442, the ``Law Enforcement and Public Safety 
Enhancement Act of 1999,'' introduced by Representative Ken 
Calvert (R-CA) on April 15, 1999, would make permanent the 
General Services Administration's authority to transfer surplus 
real and related property at no cost to State governments for 
use by law enforcement or emergency management response 
services. Public Law 105-119 presently authorizes such 
transfers through December 31, 1999. H.R. 1442 eliminates the 
sunset date, allowing the program to continue.
    In the 105th Congress, Representative Calvert introduced 
H.R. 404 that sought to add law enforcement and emergency 
management response as two new public benefit categories. H.R. 
404 passed the House of Representatives on November 4, 1997. 
However, prior to its consideration in the Senate, the 
provisions of the bill became law as part of the Commerce, 
Justice, State, the Judiciary and Related Agencies 
Appropriations bill for fiscal year 1998.\3\ Prior to its 
inclusion in the appropriations bill, the legislation was 
amended in the Senate to include the December 31, 1999, 
expiration date. The temporary authority was authorized as a 
way to measure the impact and value of these new public benefit 
conveyance categories.
---------------------------------------------------------------------------
    \3\ Public Law 105-119.
---------------------------------------------------------------------------
    Representative Calvert drafted the legislation to address a 
need for Riverside County, California officials to acquire 
surplus Federal property to use as a law enforcement, and fire 
and rescue training facilities.\4\ Prior to enactment of the 
legislation, State and local government bodies could not obtain 
surplus Federal property at no cost for law enforcement or 
emergency management response purposes. H.R. 404 was referred 
to the Committee on Government Reform and Oversight and its 
Subcommittee on Government Management, Information, and 
Technology, chaired by Representative Stephen Horn (CA). The 
subcommittee held a hearing on H.R. 404 on June 3, 1997.
---------------------------------------------------------------------------
    \4\ Riverside County wanted to obtain portions of the March Air 
Force Base for use as a law enforcement and fire and rescue training 
facility. The base was closed and was declared surplus property as part 
of the 1993 Base Realignment and Closure Act.
---------------------------------------------------------------------------
    Although the concept of the legislation began because of 
the need for additional training centers in Southern 
California, the application is much broader. Indeed, a number 
of State and local communities throughout the country have 
filed applications for surplus Federal property for law 
enforcement, and emergency management response purposes, 
including fire and rescue services. Applications to acquire 
surplus property for law enforcement are submitted to the 
Department of Justice. Applications to acquire surplus property 
for emergency management response purposes, including fire and 
rescue services, are submitted to the Federal Emergency 
Management Agency. As of May 1999, the Department of Justice 
had 14 applications from State and local governments. 
Anadditional 21 jurisdictions were in the process of applying to obtain 
surplus property for these purposes. As of the date of this report only 
two surplus properties have been transferred for law enforcement 
purposes using this authority.
    The December 31, 1999, expiration date jeopardizes all of 
these pending applications, as well as the filing of new ones. 
Several projects underway will not be able to complete their 
land transfers by the December 31, 1999, sunset date. If the 
sunset date is not eliminated, there is a danger that many of 
these projects will have to be scrapped. There is also a 
concern that unless this sunset clause is removed immediately, 
many applications yet to be filed might not be accepted as the 
GSA prepares to end this process.

             II. Legislative Hearings and Committee Actions

    H.R. 1442 was introduced by Representative Ken Calvert on 
April 15, 1999, and was referred to the Committee on Government 
Reform and its Subcommittee on Government Management, 
Information, and Technology. The subcommittee held a mark-up 
session for H.R. 1442 on May 13, 1999. Chairman Horn offered an 
amendment to H.R. 1442 that eliminated ``public safety'' as an 
additional public benefit conveyance category. Chairman Horn's 
amendment was unanimously adopted by a voice vote and the bill, 
as amended, was favorably reported by a voice vote to the full 
committee for consideration. On May 19, 1999, the Committee on 
Government Reform, considered H.R. 1442, as amended, by voice 
vote, and favorably ordered the bill to be reported.

             III. Committee Hearings and Written Testimony

    On June 3, 1997, the Subcommittee on Government Management, 
Information, and Technology held a legislative hearing on H.R. 
404.\5\ The subcommittee received testimony from a number of 
witnesses who discussed the merits of the legislation. 
Bipartisan witnesses included the sponsor of the bill, 
Representative Calvert, Senator Dianne Feinstein (CA),\6\ and 
Representative Sonny Bono (CA). The subcommittee also heard 
from Gordon Creed, the Deputy Assistant Commissioner of the 
Public Buildings Service, General Services Administration; and 
local government officials including Larry Smith, Sheriff of 
Riverside County, California, and Ascension Torres, the 
Chairman of the Joint Powers Authority, a local redevelopment 
agency set up by the State of California.
---------------------------------------------------------------------------
    \5\ H.R. 404, a bill ``to amend the Federal Property and 
Administrative Services Act of 1949 to authorize the transfer to State 
and local governments of certain surplus property for use for law 
enforcement or public safety purposes,'' Committee on Government Reform 
and Oversight Subcommittee on Government Management, Information, and 
Technology, 105th Congress, 1st Session, Serial Number 105-56, June 3, 
1997.
    \6\ Senator Feinstein introduced a companion bill, S. 203, in the 
Senate.
---------------------------------------------------------------------------
    Representative Calvert described the bill and testified 
about the need for State and local communities to expeditiously 
recycle surplus Federal property for local public uses. Senator 
Feinstein testified in support of the legislation and discussed 
the need for local governments to acquire the surplus property 
for law enforcement, and fire and rescue training. She spoke 
about her experiences as the former mayor of San Francisco and 
the needs of that community for additional facilities to 
conduct law enforcement, and fire and rescue training. 
Representative Bono, also supportive of the measure, testified 
about his visit to the Riverside County law enforcement 
training facility at March Air Force Base in Riverside, 
California. Representative Bono spoke about the efficiency of 
the site's operation and how it was meeting the needs of the 
local community.
    Deputy Assistant Commissioner, Gordon Creed, of the Office 
of Property Disposal in the Public Buildings Service of the 
General Services Administration, described the disposal process 
for surplus Federal property under the Federal Property Act. 
Mr. Creed explained that under existing law, eligible State and 
local government bodies might acquire surplus real property for 
restricted public benefit purposes at no cost where such 
purposes reflect the highest and best use of the property.
    Both Chairman Horn and Mr. Creed agreed that the goals of 
H.R. 404, to allow local governments to reuse surplus property 
for law enforcement training purposes, was in line with the 
objective to improve law enforcement in the United States. 
Chairman Horn commented that as a former president of 
California State University, Long Beach, he saw the regional 
need for multi-use training facilities for law enforcement and 
the forensic sciences.
    Both Mr. Torres and Sheriff Smith testified about the 
importance of the land transfers to their community. The March 
Air Force Base was realigned as a result of the 1993 Base 
Realignment and Closure process. Mr. Torres testified that the 
local redevelopment authority designed a master reuse plan for 
the surplus property. In 1994, the Riverside County Sheriff's 
Department presented a proposal to use a portion of the base as 
a law-enforcement training center. The local community 
overwhelmingly supported this reuse proposal. Mr. Torres stated 
that when public use of surplus Federal property is planned, 
the most expedient and cost-effective method for transferring 
ownership is through the public benefit conveyance process. Mr. 
Torres stressed that the proposed legislation would be 
invaluable in assisting local communities in obtaining surplus 
property for much needed law enforcement and emergency 
management rescue training purposes.-

                      IV. Explanation of the Bill

    H.R. 1442, the ``Law Enforcement and Public Safety 
Enhancement Act of 1999,'' would make permanent the General 
Services Administration's authority to transfer surplus real 
and related property at no cost to State governments for use by 
law enforcement or emergency response services. Public Law 105-
119 presently authorizes such transfers through December 31, 
1999. H.R. 1442 would eliminate the sunset date.

                    V. Committee Oversight Findings

    Pursuant to rule XIII, clause 3(c)(1) of the Rules of the 
House of Representatives, the results and findings of those 
oversight activities are incorporated in the recommendations 
found in the bill and in this report.

                  VI. Budget Analysis and Projections

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because the bill does not 
provide new budget authority, new spending authority, new 
credit authority, or an increase or decrease in revenues or tax 
expenditures.

         VII. Cost Estimate of the Congressional Budget Office

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 8, 1999.
Hon. Dan Burton,
Chairman, Committee on Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1442, the Law 
Enforcement and Public Safety Enhancement Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff conduct is John R. 
Righter.
            Sincerely,
                                          Barry B. Anderson
                            (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1442--Law Enforcement and Public Safety Enhancement Act of 1999

    H.R. 1442 would make permanent the General Services 
Administration's (GSA's) authority to transfer surplus real and 
related property at no cost to state governments for use by law 
enforcement or emergency response services. Public Law 105-119 
authorizes such transfers through December 31, 1999. Because 
enacting this legislation would increase direct spending by 
reducing offsetting receipts from the sale of federal real 
property, pay-as-you-go procedures would apply. Based on the 
number and value of federal properties transferred to state and 
local governments under other public purpose authorities, as 
well as the number and type of properties for which 
applications currently are pending before the Department of 
Justice (DOJ), CBO estimates that the amount of forgone 
receipts from enacting H.R. 1442 would total $3 million a year 
over the 2000-2004 period. If the federal government's 
inventory of excess and surplus properties increases 
significantly over that of recent years, the amount of forgone 
receipts could be higher than $15 million over the next five 
years, H.R. 1442 contains no intergovernmental or private-
sector mandates as defines in the Unfunded Mandates Reform Act 
and would impose no costs on the budgets of state, local, or 
tribal governments.
    Under the Federal Property and Administrative Services Act, 
which governs the disposal of most federal real property, GSA 
first offers property excess to the needs of an agency to other 
federal agencies. If no further federal interest exists in the 
property, it is declared surplus to the needs of the federal 
government. GSA has several options for disposing of surplus 
property including: (1) transferring the property to a state or 
local government or to an eligible nonprofit organization at 
little or no cost under several restricted public-purpose uses, 
(2) negotiating a sale with a state or local government, or (3) 
selling the property to the public under competitive bidding 
procedures.
    H.R. 1442 would permanently add law enforcement and 
emergency response to the list of authorized public-purpose 
programs, which includes education, public health, correctional 
facilities, public parks and recreation areas, and public 
airports. Under the public purpose program, eligible recipients 
must seek a sponsoring agency (in this case, DOJ, for law 
enforcement, and the Federal Emergency Management Agency, for 
emergency responseservices), which then works with GSA in 
determining the property's ``highest and best use.'' With the exception 
of properties conveyed under title V of the Stewart B. McKinney 
Homeless Assistance Act, GSA has the final say in determining whether a 
property is to be sold or conveyed under a public-purpose authority. In 
most cases, properties approved as meeting a recognized public purpose 
are transferred to the requesting entity.
    CBO expects that permanently adding law enforcement and 
fire and rescue to the list of eligible activities would result 
in the transfer of additional federal properties to state and 
local governments. According to DOJ, to date only one 
property--a Naval air station in Memphis, Tennessee--has been 
transferred to a state or locality under the temporary 
authority, although at least five other transfers are imminent 
(and should occur before December 31, 1999). In total, the 
department is processing 13 applications from state and local 
governments to acquire parcels of surplus property.
    In some instances, properties transferred under H.R. 1442 
probably would have been conveyed anyway under one of the 
existing public purpose authorities. In fiscal year 1998, for 
instances, GSA transferred 49 properties with an estimated 
value of $90 million to state and local governments and 
eligible nonprofit organizations. In other instances, 
properties that would have been sold under existing law would 
instead be conveyed at no cost, resulting in an increase in 
direct spending. CBO expects that enacting the bill would 
result in the federal government transferring additional 
properties to state and local governments, resulting in a loss 
of offsetting receipts of about $3 million a year.
    The Balanced Budget and Emergency Deficit Control Act sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts. The net changes in outlays that are 
subject to pay-as-you-go procedures are shown in the following 
table. For the purposes of enforcing pay-as-you-go procedures, 
only the effects in the current year, the budget year, and the 
succeeding four years are counted.

----------------------------------------------------------------------------------------------------------------
                                                       By fiscal year in millions of dollars--
                                    ----------------------------------------------------------------------------
                                      1999   2000   2001   2002   2003   2004   2005   2006   2007   2008   2009
----------------------------------------------------------------------------------------------------------------
Changes in outlays.................      0      3      3      3      3      3      3      3      3      3      3
Changes in receipts................                                 Not applicable
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact is John R. Righter. This estimate was 
approved by Paul N. Van de Water, Assistant Director for Budget 
Analysis.

              VIII. Statement of Constitutional Authority-

    Pursuant to rule XIII, clause 3(d)(1), the Committee finds 
that clauses 14 and 18 of Article I, Section 8 of the U.S. 
Constitution grant Congress the power to enact this law.

                     IX. Committee Recommendation-

    On Wednesday, May 19, 1999, a quorum being present, the 
Committee ordered the bill favorably reported to the House for 
consideration by voice vote.

         X. Congressional Accountability Act; Public Law 104-1

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(B)(3) of the Congressional Accountability Act (P.L. 104-1).

    XI. Unfunded Mandates Reform Act; Public Law 104-4, Section 423

    The Committee finds that the legislation does not impose 
any Federal mandates within the meaning of section 423 of the 
Unfunded Mandates Reform Act (P.L. 104-4).

    XII. Federal Advisory Committee Act (5 U.S.C. APP.) Section 5(b)

    The Committee finds that the legislation does not establish 
or authorize establishment of an advisory committee within the 
definition of 5 U.S.C. App., Section 5(b).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

SECTION 203 OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 
                                  1949

SEC. 203. DISPOSAL OF SURPLUS PROPERTY.

  (a) * * *

           *       *       *       *       *       *       *

  (p)(1)(A) * * *
          (B)[(i)] The Administrator may exercise the authority 
        under subparagraph (A) with respect to such surplus 
        real and related property needed by the transferee or 
        grantee for--
                  [(I)] (I) law enforcement purposes, as 
                determined by the Attorney General; or
                  [(II)] (II) emergency management response 
                purposes, including fire and rescue services, 
                as determined by the Director of the Federal 
                Emergency Management Agency.
          [(ii) The authority provided under this subparagraph 
        shall terminate on December 31, 1999.]

                                  
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