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[House Report 112-402]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-402

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

 
       EXCESS FEDERAL BUILDING AND PROPERTY DISPOSAL ACT OF 2011

                                _______
                                

 February 27, 2012.--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. 665]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 665) to establish a pilot program 
for the expedited disposal of Federal real property, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     7
Section-by-Section...............................................    10
Explanation of Amendments........................................    12
Committee Consideration..........................................    12
Application of Law to the Legislative Branch.....................    12
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    13
Statement of General Performance Goals and Objectives............    13
Federal Advisory Committee Act...................................    13
Unfunded Mandate Statement.......................................    13
Earmark Identification...........................................    13
Committee Estimate...............................................    13
Budget Authority and Congressional Budget Office Cost Estimate...    13
Changes in Existing Law Made by the Bill as Reported.............    16

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Excess Federal Building and Property 
Disposal Act of 2011''.

SEC. 2. FEDERAL REAL PROPERTY DISPOSAL PILOT PROGRAM.

  (a) In General.--Chapter 5 of subtitle I of title 40, United States 
Code, is amended by adding at the end the following new subchapter:

         ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY

``Sec. 621. Federal real property disposal pilot program

  ``(a) In General.--The Administrator of General Services (in this 
subchapter referred to as the `Administrator'), in consultation with 
the Director of the Office of Management and Budget (in this subchapter 
referred to as the `Director'), shall conduct a pilot program to be 
known as the `Federal Real Property Disposal Pilot Program', under 
which the Administrator, in consultation with the Director, shall 
determine which 15 Federal Government real properties that are excess 
or surplus and have the highest fair market value and the greatest 
potential to sell and shall dispose of such properties in accordance 
with this subchapter and through an expedited disposal of real 
property.
  ``(b) Disposal.--During the five-year period beginning on the date of 
the enactment of the Excess Federal Building and Property Disposal Act 
of 2011, 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 for 
                the benefit of an Indian tribe; 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.
  ``(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 
2011.

``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

  ``(a) Reimbursement.--
          ``(1) Executive agency.--An executive agency that conducts an 
        expedited disposal of real property under this subchapter shall 
        be reimbursed from the proceeds of such disposal for the 
        administrative expenses associated with such disposal.
          ``(2) General services administration.--The General Services 
        Administration shall be reimbursed the expenses of an expedited 
        disposal of real property under this subchapter on behalf of an 
        executive agency from the proceeds of such disposal.
          ``(3) Offsetting collections.--The amounts described in 
        paragraphs (1) and (2) will be credited as offsetting 
        collections to the account that incurred such expenses, to 
        remain available until expended without further appropriations.
  ``(b) Distribution of Proceeds.--After payment of the expenses 
described in subsection (a), the balance of the proceeds shall be 
distributed as follows:
          ``(1) Ninety-eight percent shall be deposited into the 
        General Fund of the Treasury.
          ``(2) Two percent shall hereby be made available 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(b)(2) for use under this section, the Secretary 
of Housing and Urban Development shall make grants to eligible private 
nonprofit organizations under subsection (b) to purchase property 
suitable for use to assist the homeless as provided in subsection (c).
  ``(b) Eligible Grantees.--To be eligible to receive a grant under 
subsection (a), a private nonprofit organization shall be a 
representative of the homeless, as such term is defined in section 
501(i)(4) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11411(i)(4)).
  ``(c) Use of Properties for Housing or Shelter for the Homeless.--
          ``(1) Eligible uses.--A nonprofit organization that receives 
        a grant under subsection (a) shall use the amounts received 
        under such grant only to acquire or rehabilitate real property 
        for use to provide permanent housing (as such term is defined 
        in section 401 of the McKinney-Vento Homeless Assistance Act 
        (42 U.S.C. 11360)), transitional housing (as such term is 
        defined in such section 401), or temporary shelter, for persons 
        who are homeless.
          ``(2) Term of use.--The Secretary of Housing and Urban 
        Development may not make a grant under subsection (a) to a 
        private nonprofit organization unless the organization provides 
        the Secretary with such assurances as the Secretary determines 
        necessary to ensure that any property acquired or rehabilitated 
        using the amounts received under such grant is used only as 
        provided in paragraph (1) of this subsection for a period of 
        not fewer than 15 years.
  ``(d) Preference.--In awarding grants under subsection (a), the 
Secretary of Housing and Urban Development shall give preference for 
such grants to private nonprofit organizations that operate within 
areas in which Federal real property is being sold under the Federal 
Real Property Disposal Pilot Program under this subchapter.
  ``(e) Nonprofit Organization.--For purposes of this section, the 
following definitions shall apply:
          ``(1) Homeless.--The term `homeless' has the meaning given 
        such term in section 103 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11302(a)), except that subsection (c) 
        of such section shall not apply for purposes of this section.
          ``(2) Private nonprofit organization.--The term `private 
        nonprofit organization' has the meaning given such term in 
        section 401 of the McKinney-Vento Homeless Assistance Act (42 
        U.S.C. 11360).
  ``(f) Regulations.--The Secretary of Housing and Urban Development 
may issue any regulations necessary to carry out this section.''.
  (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 5 of subtitle I of title 40, United States Code, is amended by 
inserting after the item relating to section 611 the following:

          ``subchapter vii--expedited disposal of real property

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

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

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

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

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

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

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

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

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

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

  (a) Authority to Pay Expenses Related to Reverted Real Property.--
Section 572(a)(2)(A) of title 40, United States Code, is amended by 
adding at the end the following:
                          ``(iv) The direct and indirect costs 
                        associated with the reversion, custody, and 
                        disposal of reverted real property.''.
  (b) Requirements Related to Sales of Reverted Property Under Section 
550.--Section 550(b)(1) of title 40, United States Code, is amended--
          (1) by inserting ``(A)'' after ``(1) In general.--''; and
          (2) by adding at the end the following: ``If the official, in 
        consultation with the Administrator, recommends reversion of 
        the property, the Administrator shall take control of such 
        property, and, subject to subparagraph (B), sell it at or above 
        appraised fair market value for cash and not by lease, 
        exchange, leaseback arrangements, or service agreements.
          ``(B) Prior to sale, the Administrator shall make such 
        property available to State and local governments and certain 
        non-profit institutions or organizations pursuant to this 
        section and sections 553 and 554 of this title.''.
  (c) Requirements Related to Sales of Reverted Property Under Section 
553.--Section 553(e) of title 40, United States Code, is amended--
          (1) by inserting ``(1)'' after ``This Section.--''; and
          (2) by adding at the end the following: ``If the 
        Administrator determines that reversion of the property is 
        necessary to enforce compliance with the terms of the 
        conveyance, the Administrator shall take control of such 
        property and, subject to paragraph (2), sell it at or above 
        appraised fair market value for cash and not by lease, 
        exchange, leaseback arrangements, or service agreements.
  ``(2) Prior to sale, the Administrator shall make such property 
available to State and local governments and certain non-profit 
institutions or organizations pursuant to this section and sections 550 
and 554 of this title.''.

SEC. 6. AGENCY RETENTION OF PROCEEDS.

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

SEC. 7. FEDERAL REAL PROPERTY DATABASE.

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

``Sec. 530. Federal real property database

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

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

SEC. 8. SUSTAINABLE DISPOSAL OF PROPERTY.

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

``Sec. 560. Sustainable disposal of property

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

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

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

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

                     Committee Statement and Views

                          PURPOSE AND SUMMARY

    H.R. 665, the Excess Federal Building and Property Disposal 
Act of 2011, would streamline the Federal real property 
disposal process by authorizing a pilot program to 
expeditiously dispose of real property not meeting the needs of 
the Federal Government. The legislation requires agencies to 
select candidate disposition properties for participation in 
the pilot program and provides the Office of Management and 
Budget (OMB) authority to choose which properties to place into 
the pilot program. H.R. 665 exempts the properties in the pilot 
program from any of the public benefit conveyance requirements 
described in Title 40, and from the McKinney-Vento Homeless 
Assistance Act requirements. The bill requires participating 
agencies to be reimbursed for associated administrative 
expenses and allows them to retain 20% of the net proceeds of a 
sale. The bill directs 80% of sale proceeds to the Treasury 
Department for debt reduction. During Full Committee 
consideration of H.R. 665, a more comprehensive Amendment in 
the Nature of a Substitute (ANS) was adopted. The section-by-
section portion of this report elaborates on the content of the 
ANS.

                  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\ In 2011, GAO narrowed the scope of 
its concerns, stating that although improvements had been made 
with regard to the reliability of real property data and 
building conditions, the other concerns remain.\3\
---------------------------------------------------------------------------
    \1\General Accountability Office, High Risk Series: An Update, GAO-
11-278, Feb. 2011 [hereinafter GAO High Risk Series].
    \2\Id.
    \3\Id.
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    The Congressional Research Service (CRS) reports that the 
Federal Government holds over ten thousand unneeded 
properties\4\ and spends hundreds of millions of dollars 
annually on the upkeep and maintenance of these properties.\5\ 
The government holds over 900,000 buildings and structures,\6\ 
and approximately 41 million acres of land worldwide.\7\ 
According to testimony from OMB, the Federal Government 
currently has approximately 14,000 buildings and structures 
designated as excess and approximately 76,000 properties 
classified as underutilized.\8\ GAO testified that in fiscal 
year 2009 some 45,190 buildings deemed as underutilized cost 
taxpayers nearly $1.7 billion annually to operate.\9\
---------------------------------------------------------------------------
    \4\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) 
[hereinafter CRS no. R41892].
    \5\Garrett Hatch, Congressional Research Service, Real Property 
Disposition: Overview and Issues for the 111th Congress, CRS no. 
R41240, Jan. 12, 2011 [hereinafter CRS no. R41240].
    \6\GAO High Risk Series.
    \7\CRS no. R41240.
    \8\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)
    \9\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 David J. Wise, Director and Brian J. Lepore, Director, 
U.S. GAO)
---------------------------------------------------------------------------
    Both the Administration and Congress recognize the 
financial burden of unneeded Federal real property. On June 10, 
2010, President Obama issued a memorandum ``Disposing of 
Unneeded Federal Real Estate,'' directing OMB to work with 
agencies to ``produce no less than $3 billion in cost savings 
by the end of fiscal year 2012.''\10\ These cost savings were 
to come from increased sale proceeds, as well as reduced 
operating, maintenance and energy expenses. This $3 billion 
goal provides a standard for Congress to evaluate what steps 
landholding agencies have taken to achieve the directive in the 
memorandum.
---------------------------------------------------------------------------
    \10\Memorandum on Disposing of Unneeded Federal Real Estate--
Increasing Sales, Proceeds, Cutting Operating Costs, & Improving Energy 
Efficiency, Memorandum for the Heads of Executive Departments and 
Agencies, June 10, 2010.
---------------------------------------------------------------------------
    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.\11\ 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 must approve or disapprove of the entirety of the 
Board's recommendations in order for the agencies to begin 
disposing of them. 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.
---------------------------------------------------------------------------
    \11\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 increase direct spending by $60 
million over 10 years and could increase discretionary spending 
by $420 million over 5 years.\12\ CBO also said the proposal 
would probably not yield significant sale proceeds from the 
disposal of unneeded Federal properties.\13\
---------------------------------------------------------------------------
    \12\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.
    \13\Id.
---------------------------------------------------------------------------
    The President's legislation, due to cost and approach, 
would not likely be supported by Congress. H.R. 665 provides a 
viable, bipartisan alternative by working within the existing 
real property disposal process rather than creating a novel 
process.

                          LEGISLATIVE HISTORY

    The pilot program and the provisions of the ANS discussed 
below in greater detail have been introduced in bills and 
supported during previous Congresses. During the 111th 
Congress, Representative Chaffetz introduced an almost 
identical bill to H.R. 665. On February 11, 2011, during the 
112th Congress, he reintroduced the bill. It was referred to 
the Committee on Oversight and Government Reform and then to 
the Subcommittee on Government Organization, Efficiency, and 
Financial Management.
    On July 27, 2011, the Full Committee held a hearing 
entitled, ``Disposal of Federal Real Property: Legislative 
Proposals.'' During the hearing, three legislative proposals 
were examined. Representative Chaffetz, Representative Quigley, 
and Representative Denham testified regarding the real property 
disposal bills they had introduced during the 112th Congress. 
Representative Quigley's bill and Representative Chaffetz's 
bill share certain characteristics that differentiated them 
from Representative Denham's bill, which bears greater 
similarity to the President's real property disposal proposal.
    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 adopted by voice vote.

                           Section-by-Section

    A section-by-section summary of the ANS adopted during the 
Full Committee business meeting follows:

Section 1. Short title

    This section is the short title of the bill ``Excess 
Federal Building and Property Disposal Act of 2011.''

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.\14\
---------------------------------------------------------------------------
    \14\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. This method of disposal 
was recommended by the CBO. 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 Committee anticipates that during the pilot program, 
the standard disposal process under Title 40 will occur 
contemporaneously. 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.
    An agency that participates in the pilot program and GSA 
are reimbursed for administrative costs. 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 to report (one time) on the efficacy of this 
section three years after enactment.

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. This section allows classified information and 
national security sensitive information to be excluded 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.\15\ This section excludes 
national security properties from the review conducted by HUD. 
By excluding national security properties, the standard 
disposal process should become more efficient.
---------------------------------------------------------------------------
    \15\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. According to HUD, this is 
an onerous requirement. This section repeals that requirement 
and directs HUD or GSA to publish the available properties on a 
website.

                       Explanation of Amendments

    The provisions of Representative Quigley's ANS adopted 
during the Committee Business Meeting are explained in the 
Section-by-Section above.
    Representative Connolly introduced an amendment to Section 
2 of the ANS that was accepted. His amendment gives the 
Administrator of the General Services Administration the 
discretion to except from the pilot program those properties 
the Administrator deems suitable for use as parks or 
recreational space pursuant to 40 U.S.C. 550(e). This Title 
allows the Administrator to assign surplus real property to the 
Secretary of the Interior for sale, lease, or transfer to a 
state, locality, or municipality. The amendment requires that 
in making the determination to except parcels of real property 
from the pilot, the Administrator should consider the 
``appraised value of the property and the highest and best 
use.'' Appraised value has the plain language meaning. It is 
the market value of real property as determined by the opinion 
of a qualified appraiser. ``Highest and best use'' is a real 
estate term which ``means an appraiser's supported opinion of 
the most probable and legal use of a property, based on market 
evidence, as of the date of valuation.''\16\
---------------------------------------------------------------------------
    \16\36 C.F.R. Sec. 254.2 (2011).
---------------------------------------------------------------------------
    This amendment is not intended to impede the pilot program 
created under Section 2 of the ANS. It should be emphasized 
that the Administrator's use of this exclusion is intended to 
be rare and under circumstances in which a parcel of surplus 
real property has little or no economically beneficial value or 
use.

                        Committee Consideration

    On November 17, 2011, the Committee met in open session and 
ordered reported favorably the bill, H.R. 665, as amended, 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 would streamline the Federal real property disposal 
process by authorizing a pilot program to expeditiously dispose 
of real property not 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.

                     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. 665 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                           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. 665. 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. 665 from the Director of 
Congressional Budget Office:

                                                 February 24, 2012.
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. 665, the Excess 
Federal Building and Property Disposal Act of 2011.
    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. 665--Excess Federal Building and Property Disposal Act of 2011

    Summary: H.R. 665 would amend the Federal Property and 
Administrative Services Act (Property Act) to facilitate the 
disposal of federal real property. The legislation would 
establish a five-year pilot program to expedite the disposal of 
excess and surplus federal property.
    CBO estimates that enacting the bill would increase net 
direct spending by $100 million over the 2012-2022 period 
because it would authorize the General Services Administration 
(GSA) and other federal agencies to spend proceeds from the 
sale of federal property that are expected to be collected 
under current law. Enacting H.R. 665 would not affect revenues. 
Because the legislation would affect direct spending, pay-as-
you-go procedures apply. In addition, CBO estimates that 
implementing the legislation would cost $2 million over the 
2012-2017 period, assuming the availability of appropriated 
funds.
    H.R. 665 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. 665 is shown in the following table. 
The costs of this legislation fall within budget function 800 
(general government) and all budget functions that contain 
landholding agencies, except 050 (national defense).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2013   2014   2015   2016   2017   2018   2019   2020   2021   2022  2013-2017  2013-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              CHANGES IN DIRECT SPENDING\1\

Estimated Budget Authority..................................     20     20     20     20     20      0      0      0      0      0       100        100
Estimated Outlays...........................................     20     20     20     20     20      0      0      0      0      0       100        100
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\In addition to the costs shown above, CBO estimates that implementing H.R. 665 would cost $2 million over the 2013-2017 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. 
665 will be enacted in fiscal year 2012, that the necessary 
funds will be provided for each year, and that spending will 
follow historical patterns for similar programs.
    The Federal Property and Administrative Services Act 
governs the disposition of most federal properties. That act 
and other statutes that govern real estate transactions of 
specific agencies and programs generally require agencies to 
allocate excess property to other public purposes before 
offering it for sale. As a result, in most years, only a small 
portion of excess federal property is typically sold to the 
public. The remaining properties are transferred to public 
agencies and institutions through public benefit conveyances. 
The act also allows GSA to retain 12 percent of the proceeds 
from sales to cover the costs of auction fees and appraisals. 
The net proceeds from such sales are deposited in the Treasury 
as offsetting receipts. Under current law, proceeds from such 
transactions usually cannot be spent without further 
Congressional action. Under current law, CBO estimates that net 
receipts from the sale of surplus property governmentwide will 
total about $20 million per year.
    The legislation would establish a five-year pilot program 
to authorize the expedited disposal of 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 of affected 
executive agencies, would be required to always have 15 federal 
properties available to participate in the program; the program 
would terminate five years after enactment. Under the pilot 
program properties could be sold without some of the 
administrative reviews and determinations that must occur under 
current law. Agencies and GSA would be reimbursed for certain 
expenses related to properties disposed of under this program. 
Any remaining proceeds from those sales would be divided 
between two accounts: 98 percent would be deposited in the 
Treasury as miscellaneous receipts, while 2 percent would be 
spent for homeless assistance grants.
    Based on information from OMB and GSA regarding the status 
of property governmentwide, CBO expects that that the pilot 
program would not significantly increase the number of 
properties sold above the number anticipated under current law. 
In addition, receipts from sales of properties participating in 
the pilot program would be spent by GSA and other agencies to 
reimburse them for their expenses associated with the sales. As 
a result, CBO estimates that the reimbursement of expenses 
would increase direct spending of sales proceeds expected under 
current law by about $20 million annually over the 2013-2017 
period.
    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. 665, THE EXCESS FEDERAL BUILDING AND PROPERTY DISPOSAL ACT OF 2011, AS ORDERED REPORTED BY THE HOUSE
                                            COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM ON NOVEMBER 17, 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2012   2013   2014   2015   2016   2017   2018   2019   2020   2021   2022  2012-2017  2012-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact.......................      0     20     20     20     20     20      0      0      0      0      0       100        100
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 665 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Previous CBO estimate: On February 1, 2012, CBO transmitted 
a cost estimate for H.R. 1734, the Civilian Property 
Realignment Act, as transmitted to the Congressional Budget 
Office on January 24, 2012. On December 8, 2011, CBO 
transmitted a cost estimate for H.R. 1734, as ordered reported 
by the House Committee on Transportation and Infrastructure on 
October 13, 2011. All three pieces of legislation address 
federal property but have different provisions. Both versions 
of H.R. 1734 would establish a commission to sell and dispose 
of federal property, but the version of that legislation 
reported by the House Committee on Transportation and 
Infrastructure would provide the commission with broad 
authorities to sell and dispose of federal properties (without 
future Congressional actions). H.R. 665 would not establish a 
commission but would provide additional authorities to GSA to 
help facilitate the sale and disposal of federal properties. 
Those differences are reflected in the estimated cost of the 
bills.
    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 vi--motor vehicle pools and transportation systems

     * * * * * * *

           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 website of the 
        General Services Administration.
  (d) Transparency of Database.--To the extent practicable, the 
Administrator shall ensure that the database--
          (1) uses an open, machine-readable format;
          (2) permits users to search and sort Federal real 
        property data; and
          (3) includes a means to download a large amount of 
        Federal real property data and a selection of such data 
        retrieved using a search.
  (e) Applicability.--Nothing in this section may be construed 
to require an agency to make available to the public 
information that is exempt from disclosure pursuant to section 
552(b) of title 5.

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 2011, 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 for the benefit of an Indian tribe; 
                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.
  (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 2011.

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

  (a) Reimbursement.--
          (1) Executive agency.--An executive agency that 
        conducts an expedited disposal of real property under 
        this subchapter shall be reimbursed from the proceeds 
        of such disposal for the administrative expenses 
        associated with such disposal.
          (2) General services administration.--The General 
        Services Administration shall be reimbursed the 
        expenses of an expedited disposal of real property 
        under this subchapter on behalf of an executive agency 
        from the proceeds of such disposal.
          (3) Offsetting collections.--The amounts described in 
        paragraphs (1) and (2) will be credited as offsetting 
        collections to the account that incurred such expenses, 
        to remain available until expended without further 
        appropriations.
  (b) Distribution of Proceeds.--After payment of the expenses 
described in subsection (a), the balance of the proceeds shall 
be distributed as follows:
          (1) Ninety-eight percent shall be deposited into the 
        General Fund of the Treasury.
          (2) Two percent shall hereby be made available 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(b)(2) 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 website 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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