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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3494 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3494

 To restore faith and trust in the United States economy and financial 
 system by reducing Federal spending, reducing the size of the Federal 
   workforce, liquidating certain property and assets of the Federal 
                  Government, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2011

   Mr. Heck introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
Committees on Appropriations, the Budget, and Natural Resources, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
 To restore faith and trust in the United States economy and financial 
 system by reducing Federal spending, reducing the size of the Federal 
   workforce, liquidating certain property and assets of the Federal 
                  Government, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Restoring 
America's Faith and Trust Act''.
    (b) Findings.--Congress finds the following:
            (1) The Federal budget deficit has unsustainably been more 
        than $1 trillion for each of fiscal years 2009, 2010, and 2011.
            (2) The credit rating of the debt of the United States has 
        been downgraded from AAA to AA+ by Standard and Poor's.
            (3) The United States needs to take necessary and immediate 
        action to stabilize the debt burden of the Federal government.
            (4) Congress is obligated to enact policy that restores 
        America's faith and trust.

SEC. 2. REDUCTION OF FEDERAL SPENDING.

    (a) Rescissions.--
            (1) Fiscal year 2012.--Of the discretionary budget 
        authority provided for fiscal year 2012 in all appropriations 
        Acts, 50 percent of the amount that exceeds the discretionary 
        budget authority for fiscal year 2006 in all appropriations 
        Acts is rescinded.
            (2) Fiscal year 2013.--On October 1, 2012, of the 
        discretionary budget authority provided for fiscal year 2013 in 
        all appropriations Acts, any amount that exceeds the 
        discretionary budget authority provided for fiscal year 2006 in 
        all appropriations Acts is rescinded.
            (3) Fiscal year 2014.--On October 1, 2013, of the 
        discretionary budget authority provided for fiscal year 2014 in 
        all appropriations Acts, any amount that exceeds the 
        discretionary budget authority provided for fiscal year 2006 in 
        all appropriations Acts is rescinded.
    (b) Subsequent Appropriation Laws.--In the case of any fiscal year 
2012, 2013, or 2014 appropriation Act enacted after the enactment of 
this section, any rescission required by subsections (a)(1), (a)(2), or 
(a)(3) shall take effect immediately after the enactment of such Act.
    (c) OMB Report.--Within 30 days after the enactment of any fiscal 
year 2012, 2013, or 2014 appropriations Act, the Director of the Office 
of Management and Budget shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
specifying the account and amount of each rescission made pursuant to 
subsection (a).
    (d) Limitation on Spending Increases.--
            (1) In general.--For any fiscal year beginning after fiscal 
        year 2013, the total new budget authority provided for such 
        fiscal year shall not increase from the previous fiscal year 
        level at a rate that is greater than the percentage by which 
        the gross domestic product of the United States increases from 
        such previous year. If there is no increase in gross domestic 
        product, the total new budget authority for a fiscal year shall 
        not be higher than the previous fiscal year level.
            (2) Measurement of gdp.--For purposes of applying paragraph 
        (1) to a fiscal year, the Bureau of Economic Analysis of the 
        Department of Commerce shall determine the gross domestic 
        product before the start of the second quarter of the previous 
        fiscal year.

SEC. 3. REDUCTION OF THE FEDERAL WORKFORCE THROUGH VOLUNTARY 
              SEPARATION.

    (a) Limitation.--The President, through the Office of Management 
and Budget (in consultation with the Office of Personnel Management), 
shall take appropriate measures to ensure that the total number of 
Federal employees (as determined under subsection (b)) shall not exceed 
the total number of Federal employees as of October 1, 2007 (as so 
determined). The reduction of employees from the civil service (as that 
term is defined in section 2101 of title 5, United States Code) 
required under this subsection shall be achieved only through voluntary 
separation of such an employee. Nothing in this section shall be 
construed to prevent an agency from separating an employee for any 
other permissible reason.
    (b) Monitoring and Notification.--The Office of Management and 
Budget (in consultation with the Office of Personnel Management)--
            (1) shall continuously monitor all agencies and make a 
        determination, as of 90 days after the date of enactment of 
        this section, and the last day of each quarter of each fiscal 
        year beginning thereafter, as to whether or not the total 
        number of Federal employees exceeds the maximum number 
        allowable under subsection (a); and
            (2) whenever a determination under paragraph (1) is made 
        that the total number of Federal employees exceeds the maximum 
        number allowable under subsection (a), shall provide written 
        notice to that effect to the President and Congress within 14 
        days after the last day of the quarter to which such 
        determination relates.
    (c) Compliance.--Whenever the Office of Management and Budget 
provides written notice under subsection (b)(2) that the total number 
of Federal employees exceeds the maximum number allowable under 
subsection (a), no agency may thereafter appoint any employee to fill 
any vacancy within such agency until the Office of Management and 
Budget provides written notice to the President and Congress of a 
determination under subsection (b)(1) that the total number of Federal 
employees no longer exceeds the maximum number allowable under 
subsection (a). Any notice under the preceding sentence shall be 
provided within 14 days after the last day of the quarter to which the 
determination relates.
    (d) Waiver.--
            (1) Emergencies.--This section may be waived upon a 
        determination by the President that--
                    (A) the existence of a state of war or other 
                national security concern so requires; or
                    (B) the existence of an extraordinary emergency 
                threatening life, health, public safety, property, or 
                the environment so requires.
            (2) Agency efficiency or critical mission.--This section 
        may be waived, with respect to a particular position or 
        category of positions in an agency, upon a determination by the 
        President and Congress that the efficiency of the agency or the 
        performance of a critical agency mission so requires.
    (e) Counting Rule.--For purposes of this section, any determination 
of the number of employees in an agency shall be expressed on a full-
time equivalent basis.
    (f) Limitation on Procurement of Service Contracts.--The President, 
through the Office of Management and Budget (in consultation with the 
Office of Personnel Management), shall take appropriate measures to 
ensure that there is no increase in the procurement of service 
contracts by reason of the enactment of this section, except--
            (1) in cases in which a cost comparison demonstrates that 
        such contracts would be to the financial advantage of the 
        Government;
            (2) in the case of an extraordinary emergency threatening 
        life, health, public safety, property, or the environment; or
            (3) in cases in which agency efficiency or the performance 
        of a critical agency mission so requires.
    (g) Regulations.--Any regulations necessary to carry out this 
section may be prescribed by the President or his designee.
    (h) Definitions.--For the purpose of this section--
            (1) the term ``total number of Federal employees'' means 
        the total number of Federal employees in all agencies;
            (2) the term ``Federal employee'' means an employee as 
        defined by section 2105 of title 5, United States Code; and
            (3) the term ``agency'' means an Executive agency as 
        defined by section 105 of title 5, United States Code, 
        excluding the Government Accountability Office.

SEC. 4. FEDERAL REAL PROPERTY DISPOSAL PROGRAM.

    (a) Expedited Disposal of Real Property.--The Administrator of 
General Services (in this section referred to as the 
``Administrator''), in consultation with the Director of the Office of 
Management and Budget (in this section referred to as the 
``Director''), shall conduct a program, to be known as the ``Federal 
Real Property Disposal Program'', under which surplus real property may 
be disposed of in accordance with this section.
    (b) Surplus Property Database.--Not later than 90 days after the 
date of the enactment of this Act, the Administrator, in consultation 
with the Director, shall establish and maintain a database of all 
surplus real property and make such database available to the public.
    (c) Disposal.--
            (1) In general.--The Administrator shall--
                    (A) not later than September 30 of each year, 
                submit to Congress a report on the total fair market 
                value of all surplus real property for that fiscal 
                year;
                    (B) based on the report submitted pursuant to 
                subparagraph (A), dispose of 97% of such total fair 
                market value of surplus real property under the Federal 
                Real Property Disposal Program during the following 
                fiscal year; and
                    (C) make such property available for sale to State 
                and local governments and to the public, in accordance 
                with paragraph (2).
            (2) Expedited disposal requirements.--
                    (A) Expedited disposal of real property defined.--
                For purposes of the Federal Real Property Disposal 
                Program, an ``expedited disposal of real property'' is 
                a sale of surplus real property for cash that is 
                conducted pursuant to the requirements of section 545 
                of title 40, United States Code.
                    (B) Fair market value requirement.--Real property 
                sold under the program must be sold at not less than 
                the fair market value as determined by the 
                Administrator in consultation with the head of the 
                executive agency. Costs associated with disposal may 
                not exceed the fair market value of the property unless 
                the Administrator approves incurring such costs.
                    (C) Monetary proceeds requirement.--Real property 
                may be sold under the program only if the property will 
                generate monetary proceeds to the Federal Government, 
                as provided in subparagraph (B). A disposal of real 
                property under the program may not include any 
                exchange, trade, transfer, acquisition of like-kind 
                property, or other non-cash transaction as part of the 
                disposal.
                    (D) Purchase by state or local government and the 
                public.--
                            (i) State or local government.--The 
                        Administrator shall make real property under 
                        the program first available for sale to State 
                        and local governments for a period of 45 days.
                            (ii) Public sale.--After the expiration of 
                        the period described in clause (i), if the 
                        Administrator has received no offer from a 
                        State or local government to purchase real 
                        property under the program, the Administrator 
                        shall make such property available for sale to 
                        the public.
                            (iii) Extension.--If the Administrator 
                        receives an offer from a State or local 
                        government during the period described in 
                        clause (i), the Administrator may have an 
                        additional 30 days from the expiration of the 
                        period described in clause (i) to finalize the 
                        sale. After the expiration of the additional 30 
                        days, the Administrator shall make such 
                        property available for sale to the public.
                            (iv) State defined.--In this subparagraph, 
                        the term ``State'' means each of the several 
                        States, the District of Columbia, each 
                        territory or possession of the United States, 
                        and each federally recognized Indian tribe.
                    (E) Rule of construction.--Nothing in this section 
                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 
                subparagraph (F).
                    (F) Exemption from certain requirements.--Any 
                expedited disposal of real property conducted under 
                this section shall not be subject to--
                            (i) subchapter IV of chapter 5 of subtitle 
                        I of title 40, United States Code;
                            (ii) sections 550 and 553 of title 40, 
                        United States Code;
                            (iii) section 501 of the McKinney-Vento 
                        Homeless Assistance Act (42 U.S.C. 11411);
                            (iv) any other provision of law authorizing 
                        the no-cost conveyance of real property owned 
                        by the Federal Government; or
                            (v) any congressional notification 
                        requirement other than that in section 545 of 
                        title 40, United States Code.
            (3) Exception.--The Director shall not include for purposes 
        of the Federal Real Property Disposal Program any 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).
    (d) Special Rules for Deposit and Use of Proceeds From Expedited 
Disposals.--
            (1) Reimbursement.--Executive agencies that conduct 
        expedited disposals of real property under this section shall 
        be reimbursed from the proceeds for the administrative expenses 
        associated with the disposal of such property. Such amounts 
        will be credited as offsetting collections to the account that 
        incurred such expenses, to remain available until expended 
        subject to appropriations.
            (2) Distribution of proceeds.--After payment of such 
        administrative costs, the balance of the proceeds shall be 
        distributed as follows:
                    (A) Eighty percent shall be deposited into the 
                General Fund of the Treasury for Federal budget deficit 
                reduction.
                    (B) Twenty percent shall be deposited into the 
                account of the agency that owned the real property and 
                initiated the disposal action. Such funds shall be 
                available without further appropriation, to remain 
                available for the period of the Federal Real Property 
                Disposal Program, for activities related to Federal 
                real property capital improvements and disposal 
                activities.
    (e) Definitions.--In this section:
            (1) Executive agency.--The term ``executive agency'' has 
        the meaning given that term under section 102(4) of title 40, 
        United States Code.
            (2) Surplus property.--The term ``surplus property'' has 
        the meaning given that term under section 102(10) of title 40, 
        United States Code.
            (3) Surplus real property.--The term ``surplus real 
        property'' means real property that is surplus property.
    (f) Annual Report.--
            (1) In general.--Not later than December 31 of each year, 
        the Administrator, in consultation with the Director, shall 
        submit a report to the congressional committees listed in 
        paragraph (3) based on data submitted from all executive 
        agencies, for the previous fiscal year, detailing executive 
        agency efforts to reduce real property assets and the 
        information required by paragraph (2).
            (2) Report contents.--The report shall contain the 
        following information:
                    (A) The aggregated estimated market value and 
                number of real property assets under the custody and 
                control of all executive agencies, set forth 
                government-wide and by agency, and for each at the 
                constructed asset level and at the facility/
                installation level.
                    (B) The aggregated estimated market value and 
                number of surplus and excess real property assets under 
                the custody and control of all executive agencies, set 
                forth government-wide and by agency, and for each at 
                the constructed asset level and at the facility/
                installation level.
                    (C)(i) The aggregated cost for maintaining all 
                surplus and excess real property under the custody and 
                control of all executive agencies, set forth 
                government-wide and by agency, and for each at the 
                constructed asset level and at the facility/
                installation level.
                    (ii) For purposes of clause (i), costs for real 
                properties owned by the Federal Government shall 
                include recurring maintenance and repair costs, 
                utilities, cleaning and janitorial costs, and roads and 
                grounds expenses.
                    (iii) For purposes of clause (i), costs for real 
                properties leased by the Federal Government shall 
                include lease costs, including base and operating rent 
                and any other relevant costs listed in clause (ii) not 
                covered in the lease contract.
                    (D) The aggregated estimated deferred maintenance 
                costs of all real property under the custody and 
                control of all executive agencies, set forth 
                government-wide and by agency, and for each at the 
                constructed asset level and at the facility/
                installation level.
                    (E) For each surplus real property disposed of, an 
                indication of--
                            (i) the geographic location with address 
                        and description of such property;
                            (ii) the size, including square footage and 
                        acreage, of such property;
                            (iii) the date and method of disposal;
                            (iv) the estimated replacement value of 
                        such property; and
                            (v) the proceeds obtained from the 
                        disposition of such property.
                    (F) The amount of time required to fully dispose of 
                surplus and excess real property under the custody and 
                control of all executive agencies, set forth 
                government-wide and by agency, and for each at the 
                constructed asset level and at the facility/
                installation level.
                    (G) The cost to dispose of surplus and excess real 
                property under the custody and control of all executive 
                agencies, set forth government-wide and by agency, and 
                for each at the constructed asset level and at the 
                facility/installation level.
                    (H) A description of whether the Administrator 
                disposed of 97% of the total fair market value of 
                surplus real property under the Federal Real Property 
                Disposal Program pursuant to subsection (c).
                    (I) Such other information as the Administrator 
                considers appropriate.
            (3) Congressional committees.--The congressional committees 
        listed in this paragraph are as follows:
                    (A) The Committee on Oversight and Government 
                Reform and the Committee on Transportation and 
                Infrastructure of the House of Representatives.
                    (B) The Committee on Homeland Security and 
                Governmental Affairs and the Committee on Environment 
                and Public Works of the Senate.

SEC. 5. SALE OF CERTAIN FEDERAL LANDS PREVIOUSLY IDENTIFIED AS SUITABLE 
              FOR DISPOSAL.

    (a) Competitive Sale of Lands.--The Secretary shall offer the 
identified Federal lands for disposal by competitive sale for not less 
than fair market value as determined by an independent appraiser.
    (b) Existing Rights.--The sale of identified Federal lands under 
this section shall be subject to valid existing rights.
    (c) Proceeds of Sale of Lands.--All net proceeds from the sale of 
identified Federal lands under this section shall be deposited directly 
into the Treasury for reduction of the public debt.
    (d) Report.--Not later than 4 years after the date of the enactment 
of this Act, the Secretary shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate--
            (1) a list of any identified Federal lands that were not 
        sold under subsection (a) and the reasons such lands were not 
        sold; and
            (2) an updated inventory of all identified Federal lands.
    (e) Definitions.--In this section:
            (1) Identified federal lands.--
                    (A) The term ``identified Federal lands'' means 
                Federal lands that are--
                            (i) under the administrative jurisdiction 
                        of the Secretary;
                            (ii) located in States where more than 50 
                        percent of the total land area is federally 
                        owned;
                            (iii) suitable for disposal; and
                            (iv) not described in subparagraph (B).
                    (B) The term ``identified Federal lands'' does not 
                include the following:
                            (i) Lands not identified for disposal an 
                        the applicable land use plan.
                            (ii) Lands subject to a Recreation and 
                        Public Purpose conveyance application.
                            (iii) Lands identified for State selection.
                            (iv) Lands identified for Indian tribe 
                        allotments.
                            (v) Lands identified for local government 
                        use.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 6. FEDERAL PROGRAM SUNSET.

    (a) Requirement To Reauthorize Federal Programs.--Not later than 90 
days after the date of the enactment of this Act, the Director of the 
Office of Management shall submit a plan to Congress that provides for 
the phased-in expiration of all Federal programs every three years. Any 
Federal program that is scheduled to expire under the plan must be 
reauthorized.
    (b) No Funding Through a Continuing Resolution.--Each program that 
is reauthorized pursuant to subsection (a) may not be funded through a 
continuing resolution.
    (c) Public Recommendation and Signed Statement.--Not later than the 
date on which the head of each executive agency submits an 
appropriation request for such agency under section 1108 of title 31, 
United States, Code, the head of each executive agency shall--
            (1) make a public recommendation for each Federal program 
        of such agency, including a determination for the reasons each 
        such program exists; and
            (2) submit a signed statement to Congress for each such 
        Federal program as follows: ``As the head of the executive 
        agency responsible for this Federal program, I have reviewed 
        its purpose, mandate, and necessity, and I recommend that 
        Congress appropriate funding so that the Federal program can 
        continue for the next fiscal year. It is my professional 
        judgment that such Federal program in question serves a 
        significant purpose for which the United States taxpayer is 
        well-served in the use of such taxpayer's money to fund the 
        program.''.
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