[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.

           *       *       *       *       *       *       *


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