[House Report 113-731]
[From the U.S. Government Publishing Office]
113th Congress } { Rept. 113-731
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
EXCESS FEDERAL BUILDING AND PROPERTY DISPOSAL ACT OF 2013
_______
January 2, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Issa, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 328]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 328) to establish a pilot program
for the expedited disposal of Federal real property, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 3
Explanation of Amendments........................................ 5
Committee Consideration.......................................... 5
Application of Law to the Legislative Branch..................... 5
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 6
Statement of General Performance Goals and Objectives............ 6
Duplication of Federal Programs.................................. 6
Disclosure of Directed Rule Makings.............................. 6
Federal Advisory Committee Act................................... 6
Unfunded Mandate Statement....................................... 6
Earmark Identification........................................... 6
Duplication of Federal Programs.................................. 7
Committee Estimate............................................... 7
Budget Authority and Congressional Budget Office Cost Estimate... 7
Changes in Existing Law Made by the Bill as Reported............. 10
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 328, the Excess Federal Building and Property Disposal
Act of 2013, directs the Administrator of the General Services
Administration (GSA) to conduct a pilot program in consultation
with the Director of the Office of Management and Budget (OMB)
for the expedited disposal of real property that is no longer
meeting the needs of the Federal Government. The bill
establishes a grant program under which homeless-serving
organizations use a portion of property sale proceeds under the
pilot to provide permanent housing for the homeless. H.R. 328
also makes permanent changes to the Federal property disposal
process and incentivizes agencies to appropriately manage and
efficiently dispose of their real property assets.
BACKGROUND AND NEED FOR LEGISLATION
Since 2003, the Government Accountability Office (GAO) has
cited Federal real property management as a ``high-risk'' area
for several reasons.\1\ ``GAO has cited concerns about the
reliability of real property data, the deteriorating condition
of facilities, the large quantity of excess and underutilized
properties, an overreliance on leasing, and insufficient
security of facilities.\2\
---------------------------------------------------------------------------
\1\General Accountability Office, High Risk Series: An Update, GAO-
11-278, Feb. 2011 [hereinafter GAO High Risk Series].
\2\Id.
---------------------------------------------------------------------------
The Congressional Research Service (CRS) reports that as of
fiscal year 2010, the Federal Government holds approximately
77,700 buildings that are either not utilized or
underutilized.\3\ It spends $1.67 billion to operate and
maintain vacant or underutilized buildings.\4\ And it holds
over 900,000 buildings and structures,\5\ and approximately 41
million acres of land worldwide.\6\ According to testimony from
OMB, the Federal Government currently has approximately 14,000
buildings and structures designated as excess.\7\
---------------------------------------------------------------------------
\3\Garrett Hatch, Congressional Research Service, Disposal of
Unneeded Federal Buildings: Legislative Proposals in the 112th
Congress, CRS no. R42646, Aug. 6, 2012.
\4\Id.
\5\GAO High Risk Series.
\6\CRS no. R41240.
\7\Federal Asset Management: Eliminating Waste by Disposing of
Unneeded Federal Real Property, Hearing before the Subc. on Fed.
Financial Mgmt., Gov't. Info., Fed. Services, and Int'l Sec. of the S.
Comm. on Homeland Sec. and Gov't. Affairs, 112th Cong. 1 (2011)
(statement of Hon. Daniel I. ``Danny'' Werfel, Controller, OMB).
---------------------------------------------------------------------------
During the June 2011 budget deficit reduction debate, the
media reported that the sale of surplus Federal real property
was suggested as a means to generate revenue to offset spending
elsewhere.\8\ In July 2011, President Obama sent draft real
property disposal legislation to Congress. The draft
legislation advanced by the President seeks to expedite the
disposal of unneeded and underutilized Federal civilian real
property assets, with the goal of generating billions of
dollars in revenue for the Federal Government. It creates a
Civilian Property Realignment Board (CPRB) analogous to the
Department of Defense Base Realignment and Closure (BRAC)
Commission. Under this proposal, the Board would be responsible
for recommending properties for disposal. Ultimately, OMB and
Congress would approve or disapprove of the entirety of the
Board's recommendations in order for the agencies to begin
disposing of the properties. According to the Administration,
the legislation would allow the government to realize $15
billion in gross proceeds and other savings from the disposal
of Federal real property over a 3-year period, once the Board
becomes fully operational.
---------------------------------------------------------------------------
\8\Laura Meckler, Federal Land Up for Budget Grabs, Wall St. J.,
July 16, 2011.
---------------------------------------------------------------------------
In a June 27, 2011, letter to the Committee, the
Congressional Budget Office (CBO) estimated that the
President's proposal would actually increase direct spending by
$60 million over 10 years, and could increase discretionary
spending by $420 million over 5 years.\9\ CBO also said the
proposal would probably not yield significant sale proceeds
from the disposal of unneeded Federal properties.\10\
---------------------------------------------------------------------------
\9\Letter from Hon. Douglas W. Elmendorf, Director, CBO, to Hon.
Darrell Issa, Chairman, Comm. on Oversight & Gov't Reform, June 27,
2011, available at http://www.cbo.gov/ftpdocs/122xx/doc12270/06-28-
IssaLtrProperty.pdf.
\10\Id.
---------------------------------------------------------------------------
The President's legislation, due to cost and approach,
would not likely be supported by Congress. H.R. 328 provides a
viable, bipartisan alternative by working within the existing
real property disposal process rather than creating a novel
process.
LEGISLATIVE HISTORY
The provisions of H.R. 328 have been introduced in bills
and supported during previous Congresses. During the 111th
Congress, Representative Chaffetz introduced a bill very
similar to H.R. 328. On February 11, 2011, during the 112th
Congress, he reintroduced the bill as H.R. 665. It was referred
to the Committee on Oversight and Government Reform, and on
November 17, 2011, the Full Committee held a business meeting
to mark up H.R. 665. Representative Quigley offered an ANS
which was supported by Representative Chaffetz. Ultimately, the
ANS was accepted and the bill was adopted by voice vote. On
March 20, 2012, H.R. 665 was passed in the House under
suspension of the rules, and agreed to by a unanimous recorded
vote, 403-0.
Section-by-Section
Section 1. Short title
This section is the short title of the bill ``Excess
Federal Building and Property Disposal Act of 2013.''
Section 2. Federal Real Property Disposal Pilot Program
This section of the bill creates the pilot program to
dispose of unneeded Federal real property in an expeditious and
efficient manner with the goal of maximizing profit. According
to OMB, there are properties within the Federal real property
portfolio which can be sold to raise revenue.\11\
---------------------------------------------------------------------------
\11\Fed. Asset Management: Eliminating Waste By Disposing of
Unneeded Fed. Real Property. Hearing before the S. Comm. on Homeland
Sec. & Gov't Affairs Subc. on Fed. Financial Mgmt. Gov't Info. Fed.
Serv. & Int'l Security, 112th Cong. (June 9, 2011) (oral statement of
Daniel Werfel, Controller, OMB).
---------------------------------------------------------------------------
Under the pilot program created by this section, the OMB
Director, in consultation with the head of the General Services
Administration (Administrator), is directed to identify, with
input from Federal agencies, 15 real properties to be placed on
a rolling list for disposal. These properties must meet certain
criteria, such as possessing high fair market value. Certain
properties such as United States Postal Service properties and
properties owned by Indian and Native Alaskans are excluded
from the pilot.
The Administrator is further directed to dispose of the
properties through a public auction. Once a property is
auctioned and transferred, the Administrator has 15 days to
identify another property to be placed on the list for
disposal. This rolling list is also referred to as the real
property pilot program. It is authorized for five years.
The standard disposal process will occur for other
properties contemporaneous with the pilot. Pilot properties are
exempt from certain statutory constraints to disposal. For
example, properties sold as part of the pilot program will not
be subject to the requirements of Title V of the McKinney-Vento
Homeless Assistance Act or the public benefit conveyance
requirements.
Proceeds from sales under the pilot program are required to
be distributed as follows: 98 percent to the General Fund of
the Treasury and two percent to a grant fund for homeless
assistance.
With the two percent proceeds, the Department of Housing
and Urban Development (HUD) is authorized to make grants to
nonprofit entities for the purchase or rehabilitation of real
property suitable to assist the homeless. The HUD Secretary is
directed to give preference to nonprofit entities located in
the areas in which real property is being sold through the
pilot program.
This section also requires the GAO to conduct a study of
the effectiveness of the pilot program.
Section 3. Duties of the General Services Administration and executive
agencies
This section directs GSA to issue guidance for agencies
regarding the development of real property plans. Agencies are
required to continuously monitor their real property portfolio
and dispose of any unneeded properties in a timely manner. GSA
is required, three years after enactment, to issue a one-time
report on the efficacy of this section.
Section 4. Enhanced authorities with regard to preparing properties to
be reported as excess
This section applies to the standard disposal process under
Title 40. Specifically, it amends 40 U.S.C. 572(a)(2) to allow
GSA and the agencies to be reimbursed for the costs associated
with the disposal of real property. After costs are paid,
proceeds are distributed pursuant to Section 6, described
below.
Section 5. Enhanced authorities with regard to reverted real property
This section amends 40 U.S.C. 572(a)(2)(A) to allow GSA to
be reimbursed for the direct and indirect costs associated with
a reversion of real property and the disposal of reverted real
property. It should be noted that reverted real property at one
time or another likely underwent the standard disposal process.
This section also allows the Administrator to dispose of
reverted real property through sale under certain
circumstances, and places certain requirements on these types
of disposals. Prior to selling reverted real property, the GSA
Administrator shall allow public benefit conveyances.
Section 6. Agency retention of proceeds
This section amends 40 U.S.C. 571 to allow the net proceeds
of a sale of real property conducted under the standard
disposal process to be returned to the agency that conducted
the disposal for the purpose of continuing disposal activities
and maintenance to properties. Any remainder shall go to the
Treasury for deficit reduction. It also allows proceeds from
the sale of personal property to be deposited into the
Treasury.
Section 7. Federal real property database
This section codifies the requirement for a Federal real
property database and requires GSA to publish the existing
database, which the Committee understands is owned by OMB and
managed by GSA. Classified information and national security
sensitive information is excludable from publication.
Section 8. Sustainable disposal of property
This section directs agencies to recycle at least 50
percent of construction and demolition materials.
Section 9. Streamlining the McKinney-Vento Homeless Assistance Act
This section streamlines the McKinney-Vento homeless review
process. Under Title V of the McKinney-Vento Homeless
Assistance Act, a surplus Federal property must be made
available to entities serving the homeless before it can be
conveyed for other public use.\12\ This section excludes
national security properties from the review conducted by HUD,
to increase the efficiency of the standard disposal process.
---------------------------------------------------------------------------
\12\Garrett Hatch, Congressional Research Service, Disposal of
Unneeded Federal Buildings: Legislative Proposals in the 112th
Congress, CRS no. R41892, June 24, 2011 (citing 40 U.S.C. Sec. 102).
---------------------------------------------------------------------------
Under the current process, HUD publishes available
properties in the Federal Register. This section repeals this
onerous requirement and directs HUD or GSA to publish the
available properties on a website.
Explanation of Amendments
No amendments to H.R. 328 were offered.
Committee Consideration
On March 20, 2013, the Committee met in open session and
ordered reported favorably the bill, H.R. 328, by voice vote, a
quorum being present.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill directs the Administrator of GSA to conduct a pilot
program in consultation with the Director of OMB for the
expedited disposal of real property that is no longer meeting
the needs of the Federal Government. As such this bill does not
relate to employment or access to public services and
accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
Duplication of Federal Programs
No provision of H.R. 328 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Secretary of Housing and Urban Development is directed
to issue regulations necessary to make grants to nonprofit
entities for the purchase or rehabilitation of real property
suitable to assist the homeless as described in section 2.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
H.R. 328 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Duplication of Federal Programs
H.R. 328 does not establish or reauthorize a Program of the
Federal Government known to be duplicative of another Federal
program.
Committee Estimate
Clause 3(d)(2) of Rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 328. However, clause 3(d)(3)(B) of that rule provides that
this requirement does not apply when the Committee has included
in its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 328 from the Director of
Congressional Budget Office:
July 16, 2013.
Hon. Darrell Issa,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 328, the Excess
Federal Building and Property Disposal Act of 2013.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact for this
estimate is Matthew Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 328--Excess Federal Building and Property Disposal Act of 2013
Summary: H.R. 328 would amend the Federal Property and
Administrative Services Act (Property Act) to provide the
General Services Administration (GSA) new authorities aimed at
facilitating the disposal of federal real property. In
addition, the legislation would establish a five-year pilot
program with a goal of expediting the disposal of excess and
surplus federal property.
CBO estimates that enacting the bill would increase direct
spending by $20 million over the 2014-2023 period because it
would authorize GSA to spend proceeds from the sale of federal
property that are expected to be collected, but not spent,
under current law. Because the legislation would affect direct
spending, pay-as-you-go procedures apply. In addition, CBO
estimates that, assuming the availability of appropriated
funds, implementing H.R. 328 would cost $2 million over the
2012-2018 period for additional administrative and reporting
costs related to property disposal. Enacting H.R. 328 would not
affect revenues.
H.R. 328 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 328 is shown in the following table.
The costs of this legislation fall within budget function 800
(general government).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2014-2018 2014-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING\a\
Estimated Budget Authority........................ 2 2 2 2 2 2 2 2 2 2 10 20
Estimated Outlays................................. 2 2 2 2 2 2 2 2 2 2 10 20
--------------------------------------------------------------------------------------------------------------------------------------------------------
aIn addition to the costs shown above, CBO estimates that implementing H.R. 328 would cost $2 million over the 2014-2018 period for administrative and
reporting costs related to property disposal, assuming the availability of appropriated funds.
Basis of estimate: For this estimate, CBO assumes that H.R.
328 will be enacted late in 2013.
Direct spending
Under the Property Act, GSA currently manages the disposal
of surplus federal property for most agencies. The act allows
GSA to spend 12 percent of any proceeds from the sale of
federal buildings to cover its direct costs related to
preparing the property for sale; such costs include auction
fees and the cost of obtaining appraisals. The remaining
proceeds from surplus property sales are deposited in the
Treasury as offsetting receipts and, for the most part, cannot
be spent without further appropriation. Under current law, CBO
estimates that GSA's net receipts from the sale of surplus
federal property total about $20 million per year.
Under H.R. 328, GSA would be allowed to spend additional
proceeds from property sales to pay for the indirect costs
related to preparing properties for sale. Such costs would
include market research, cost/benefit analyses, and other costs
to identify and prepare properties for disposal that have not
yet been declared excess to the government's needs.
The legislation would not cap the portion of sales proceeds
that could be spent on indirect costs. CBO estimates that
authorizing GSA to spend additional proceeds from property
sales to pay for such indirect costs would increase direct
spending by $2 million a year from the receipts from property
sales anticipated to occur under current law. The increase in
spending could be as much as $20 million a year, however,
depending on how GSA would use this new authority.
The legislation would also establish a five-year pilot
program and authorize the expedited disposal of certain excess
and surplus federal property. The Director of the General
Services Administration, in consultation with the Office of
Management and Budget (OMB) and using recommendations from
affected agencies, would be required to identify 15 federal
properties to be disposed of through this new program.
Additional properties would be added to the program as
properties were sold, and the program would terminate five
years after enactment.
Based on an analysis of information from GAO, OMB, GSA, and
other federal landholding agencies, CBO expects that little
additional property would be sold under this pilot program for
several reasons:
First, many of the largest federal agencies
that manage significant numbers of properties would
probably opt to continue using their enhanced-use
leasing authorities rather than GSA's property
disposition services to leverage value from underused
real property;
Second, any additional properties that would
be made available for disposal under the bill would
first have to be evaluated for, and could be used as,
public benefit conveyances--for homeless shelters or
for educational or recreational uses--rather than being
offered for sale; and
Third, since June 2010, the President has
already directed agencies to accelerate efforts to
dispose of unneeded property, reduce facility operating
costs, and adopt more efficient real estate management
practices. It is not clear how the pilot program
authorized in the bill would significantly accelerate
disposal efforts beyond what would occur under current
law.
For those reasons, CBO expects that gross proceeds from
federal property sales would not increase significantly under
this pilot program, and this cost estimate incorporates no
increase in such proceeds. However, if the new pilot program
and new spending authority to cover indirect costs related to
property sales were to result in a 10 percent increase in sales
proceeds, that amount would be sufficient to offset CBO's
estimate of new direct spending under the bill.
Spending subject to appropriation
H.R. 328 would require GSA and GAO to prepare additional
reports and would require GSA to improve its database of
federal property. Those requirements would include the creation
within one year of an online, searchable database of federal
real property for use by federal agencies and the public. CBO
estimates that implementing those provisions would increase the
workloads of GSA and other agencies. Based on information from
GSA and some landholding agencies, CBO estimates that those
activities would cost $2 million over the 2014-2018 period,
assuming availability of appropriated funds.
Better information about federal real property holdings, in
conjunction with additional funds for GSA to dispose of surplus
facilities, could result in additional property disposals, thus
reducing the need for annual appropriations to operate and
maintain those facilities. On one hand, GAO has reported that
operation and maintenance costs typically account for between
60 percent and 85 percent of the lifetime costs of owning a
building. On the other hand, GAO has also reported that the
Federal Real Property Profile (the single comprehensive
inventory system that contains data on all federal real
property assets) often overstates a property's condition and
annual operating costs. Those uncertainties make it impossible
to estimate potential savings from disposing of property.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act establishes budget-reporting and enforcement procedures for
legislation affecting direct spending or revenues. The net
changes in outlays that are subject to those pay-as-you-go
procedures are shown in the following table. Enacting the
legislation would have no effect on revenues.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 328, THE EXCESS FEDERAL BUILDING AND PROPERTY DISPOSAL ACT OF 2013, AS ORDERED REPORTED BY THE HOUSE
COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM ON MARCH 20, 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------------------------
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2013-2018 2013-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact 0 2 2 2 2 2 2 2 2 2 2 10 20
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 328
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal spending: Matthew Pickford;
Impact on state, local, and tribal governments: Paige Piper/
Bach; Impact on the private sector: Elizabeth Cove Delisle.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
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):
TITLE 40, UNITED STATES CODE
* * * * * * *
SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
* * * * * * *
CHAPTER 5--PROPERTY MANAGEMENT
SUBCHAPTER I--PROCUREMENT AND WAREHOUSING
Sec.
501. Services for executive agencies.
* * * * * * *
SUBCHAPTER II--USE OF PROPERTY
* * * * * * *
[524. Duties of executive agencies.]
524. Duties of the General Services Administration and executive
agencies.
* * * * * * *
530. Federal real property database.
SUBCHAPTER III--DISPOSING OF PROPERTY
* * * * * * *
560. Sustainable disposal of property.
* * * * * * *
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.
* * * * * * *
SUBCHAPTER II--USE OF PROPERTY
* * * * * * *
[Sec. 524. Duties of executive agencies
[(a) Required.--Each executive agency shall--
[(1) maintain adequate inventory controls and
accountability systems for property under its control;
[(2) continuously survey property under its control
to identify excess property;
[(3) promptly report excess property to the
Administrator of General Services;
[(4) perform the care and handling of excess
property; and
[(5) transfer or dispose of excess property as
promptly as possible in accordance with authority
delegated and regulations prescribed by the
Administrator.
[(b) Required as Far as Practicable.--Each executive agency,
as far as practicable, shall--
[(1) 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;
[(2) transfer excess property under its control to
other federal agencies and to organizations specified
in section 321(c)(2) of this title; and
[(3) obtain excess property from other federal
agencies.]
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.
* * * * * * *
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 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.
SUBCHAPTER III--DISPOSING OF PROPERTY
* * * * * * *
Sec. 550. Disposal of real property for certain purposes
(a) * * *
(b) Enforcement and Revision of Instruments Transferring
Property Under This Section.--
(1) In general.--(A) Subject to disapproval by the
Administrator of General Services within 30 days after
notice of a proposed action to be taken under this
section, except for personal property transferred
pursuant to section 549 of this title, the official
specified in paragraph (2) shall determine and enforce
compliance with the terms, conditions, reservations,
and restrictions contained in an instrument by which a
transfer under this section is made. The official shall
reform, correct, or amend the instrument if necessary
to correct the instrument or to conform the transfer to
the requirements of law. The official shall grant a
release from any term, condition, reservation or
restriction contained in the instrument, and shall
convey, quitclaim, or release to the transferee (or
other eligible user) any right or interest reserved to
the Federal Government by the instrument, if the
official determines that the property no longer serves
the purpose for which it was transferred or that a
release, conveyance, or quitclaim deed will not prevent
accomplishment of that purpose. The release,
conveyance, or quitclaim deed may be made subject to
terms and conditions that the official considers
necessary to protect or advance the interests of the
Government. 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.
* * * * * * *
Sec. 553. Property for correctional facility, law enforcement, and
emergency management response purposes
(a) * * *
* * * * * * *
(e) Enforcement and Revision of Instruments Transferring
Property Under This Section.--(1) The Administrator shall
determine and enforce compliance with the terms, conditions,
reservations, and restrictions contained in an instrument by
which a transfer or conveyance under this section is made. The
Administrator shall reform, correct, or amend the instrument if
necessary to correct the instrument or to conform the transfer
to the requirements of law. The Administrator shall grant a
release from any term, condition, reservation or restriction
contained in the instrument, and shall convey, quitclaim, or
release to the transferee (or other eligible user) any right or
interest reserved to the Government by the instrument, if the
Administrator determines that the property no longer serves the
purpose for which it was transferred or that a release,
conveyance, or quitclaim deed will not prevent accomplishment
of that purpose. The release, conveyance, or quitclaim deed may
be made subject to terms and conditions that the Administrator
considers necessary to protect or advance the interests of the
Government. 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. 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.
SUBCHAPTER IV--PROCEEDS FROM SALE OR TRANSFER
Sec. 571. General rules for deposit and use of proceeds
[(a) Deposit in Treasury as Miscellaneous Receipts.--
[(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 referred to in paragraph
(1) are proceeds under this chapter from a--
[(A) transfer of excess property to a federal
agency for agency use; or
[(B) sale, lease, or other disposition of
surplus property.
[(b) Payment of Expenses of Sale Before Deposit.--Subject to
regulations under this subtitle, the expenses of the sale of
old material, condemned stores, supplies, or other public
property may be paid from the proceeds of sale so that only the
net proceeds are deposited in the Treasury. This subsection
applies whether proceeds are deposited as miscellaneous
receipts or to the credit of an appropriation as authorized by
law.]
(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. 572. Real property
(a) In General.--
(1) * * *
(2) Payment of expenses from the fund.--
(A) Authority.--From the fund described in
paragraph (1), the Administrator may obligate
an amount to pay the following direct expenses
incurred for the use of excess property and the
disposal of surplus property under this
subtitle:
(i) * * *
* * * * * * *
(iv) The direct and indirect costs
associated with the reversion, custody,
and disposal of reverted real property.
(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).
[(B)] (C) Limitations.--
(i) * * *
* * * * * * *
[(C)] (D) Direct payment or reimbursement.--
An amount obligated under this paragraph may be
used to pay an expense directly or to reimburse
a fund or appropriation that initially paid the
expense.
* * * * * * *
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 2013, 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 2013.
Sec. 622. Selection of real properties
The head of each executive agency shall recommend properties
to the Director for disposal under the Federal Real Property
Pilot Program. The Director, in consultation with the
Administrator, shall then select properties for disposal under
the pilot program and notify the recommending executive agency
accordingly.
Sec. 623. Expedited disposal requirements
(a) Expedited Disposal of Real Property Defined.--For
purposes of this subchapter, an ``expedited disposal of real
property'' is the sale of real property for cash that is
conducted pursuant to the requirements of section 545(a) of
this title.
(b) Fair Market Value Requirement.--Real property sold under
the Federal Real Property Pilot Program may not be sold at less
than the fair market value as determined by the Administrator,
in consultation with the Director. Costs associated with
disposal may not exceed the fair market value of the property
unless the Director approves incurring such costs.
(c) Monetary Proceeds Requirement.--Real property shall be
sold under the Federal Real Property Pilot Program only if the
property will generate monetary proceeds to the Federal
Government, as provided in subsection (b). A disposal of real
property under the Federal Real Property Pilot Program may not
include any exchange, trade, transfer, acquisition of like-kind
property, or other non-cash transaction as part of the
disposal.
(d) Rule of Construction.--Nothing in this subchapter shall
be construed as terminating or in any way limiting authorities
that are otherwise available to agencies under other provisions
of law to dispose of Federal real property, except as provided
in subsection (e).
(e) Exemption from Certain Requirements.--Any expedited
disposal of a real property conducted under this subchapter
shall not be subject to--
(1) subchapter IV of this chapter;
(2) sections 550 and 553 of this title;
(3) section 501 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11411);
(4) any other provision of law authorizing the no-
cost conveyance of real property owned by the Federal
Government; or
(5) any congressional notification requirement other
than that in section 545 of this title.
Sec. 624. Special rules for deposit and use of proceeds from expedited
disposals
The proceeds from an expedited disposal of real property
under this subchapter shall be deposited into the General Fund
of the Treasury. Two percent of such proceeds is authorized to
be appropriated until expended to fund the grant program under
section 625.
Sec. 625. Homeless assistance grants
(a) Grant Authority.--To the extent amounts are made
available pursuant to section 624 for use under this section,
the Secretary of Housing and Urban Development shall make
grants to eligible private nonprofit organizations under
subsection (b) to purchase property suitable for use to assist
the homeless as provided in subsection (c).
(b) Eligible Grantees.--To be eligible to receive a grant
under subsection (a), a private nonprofit organization shall be
a representative of the homeless, as such term is defined in
section 501(i)(4) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11411(i)(4)).
(c) Use of Properties for Housing or Shelter for the
Homeless.--
(1) Eligible uses.--A nonprofit organization that
receives a grant under subsection (a) shall use the
amounts received under 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.
* * * * * * *
----------
MCKINNEY-VENTO HOMELESS ASSISTANCE ACT
* * * * * * *
TITLE V--IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY
SEC. 501. USE OF UNUTILIZED AND UNDERUTILIZED PUBLIC BUILDINGS AND REAL
PROPERTY TO ASSIST THE HOMELESS.
(a) Identification of Suitable Property.--The Secretary of
Housing and Urban Development shall, on a quarterly basis,
request information from each landholding agency regarding
Federal public buildings and other Federal real properties
(including fixtures) that are excess property or surplus
property or that are described as unutilized or underutilized
in surveys by the heads of landholding agencies under section
202(b)(2) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 483(b)(2)). No later than 25 days after
receiving a request from the Secretary, the head of each
landholding agency shall transmit such information to the
Secretary. No later than 30 days after receiving such
information, the Secretary shall identify which of those
buildings and other properties are suitable for use to assist
the homeless. 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.
* * * * * * *
(c) Publication of Properties.--(1)(A) No later than 15 days
after the last day of the 45-day period provided for under
subsection (b)(1), the Secretary shall publish [in the Federal
Register] on the Web site of the Department of Housing and
Urban Development or the General Services Administration--
(i) * * *
* * * * * * *
(d) Holding Period.--(1) * * *
* * * * * * *
(3) Property that is reviewed by the Secretary under
subsection (a) and that is not identified by the Secretary as
being suitable for use to assist the homeless may not be made
available for any other purpose for 20 days after the
determination of unsuitability to allow for review of the
determination at the request of the representative of the
homeless. The Secretary shall disseminate immediately this
information to the regional offices of the Department of
Housing and Urban Development and to the United States
Interagency Council on Homelessness. 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.
* * * * * * *
[all]