II 

Calendar No. 555 

112TH CONGRESS 

2D SESSION S. 2178 

[Report No. 112–241] 

To require the Federal Government to expedite the sale of underutilized 

Federal real property. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2012 

Mr. CARPER (for himself, Mr. PORTMAN, Mr. PRYOR, Mr. COBURN, and Mr. 

BEGICH) introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

NOVEMBER 27, 2012 

Reported by Mr. LIEBERMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To require the Federal Government to expedite the sale 

of underutilized Federal real property. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Real Property 

5 Asset Management Reform Act of 2012’’. 


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1 SEC. 2. SALE OF EXCESS FEDERAL PROPERTY. 

2 (a) IN GENERAL.—Chapter 5 of subtitle I of title 40, 

3 United States Code, is amended by adding at the end the 

4 following: 

5 ‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF 

6 REAL PROPERTY 

7 ‘‘§ 621. Definitions 

8 ‘‘In this subchapter: 

9 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis10 trator’ means the Administrator of General Services. 

11 ‘‘(2) COUNCIL.—The term ‘Council’ means the 

12 Federal Real Property Council established by section 

13 623(a). 

14 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

15 the Director of the Office of Management and Budg16 et. 

17 ‘‘(4) LANDHOLDING AGENCY.—The term ‘land18 holding agency’ means a landholding agency (as de19 fined in section 501(i) of the McKinney-Vento 

20 Homeless Assistance Act (42 U.S.C. 11411(i))). 

21 ‘‘(5) UNDERUTILIZED PROPERTY.— 

22 ‘‘(A) IN GENERAL.—The term ‘underuti23 lized property’ means a parcel of property 

24 under the administrative jurisdiction of the 

25 Federal Government that is— 

26 ‘‘(i) excess; 


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1 ‘‘(ii) surplus; 

2 ‘‘(iii) underperforming; or 

3 ‘‘(iv) otherwise not meeting the needs 

4 of the Federal Government, as determined 

5 by the Director. 

6 ‘‘(B) EXCLUSION.—The term ‘underuti7 lized property’ does not include— 

8 ‘‘(i) any parcel of real property, and 

9 any building or other structure located on 

10 real property, that is to be closed or re11 aligned under the Defense Authorization 

12 Amendments and Base Closure and Re13 alignment Act (10 U.S.C. 2687 note; Pub14 lic Law 100–526); 

15 ‘‘(ii) any property that is excluded for 

16 reasons of national security by the Direc17 tor or by the Secretary of Defense; 

18 ‘‘(iii) any public lands (as defined in 

19 section 203 of the Public Lands Corps Act 

20 of 1993 (16 U.S.C. 1722)) administered 

21 by— 

22 ‘‘(I) the Secretary of the Interior, 

23 acting through the Director of the 

24 Bureau of Land Management, the Di25 rector of the National Park Service, 


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1 or the Commissioner of Reclamation; 

2 or 

3 ‘‘(II) the Secretary of Agri4 culture, acting through the Chief of 

5 the Forest Service; 

6 ‘‘(iv) any Indian lands (as defined in 

7 section 203 of the Public Lands Corps Act 

8 of 1993 (16 U.S.C. 1722)); 

9 ‘‘(v) any properties operated and 

10 maintained by the Tennessee Valley Au11 thority; 

12 ‘‘(vi) any properties located outside 

13 the United States that are operated or 

14 maintained by the Department of State or 

15 the United States Agency for International 

16 Development; 

17 ‘‘(vii) any properties that are excepted 

18 from the definition of ‘property’ under sec19 tion 102; or 

20 ‘‘(viii) any properties under the cus21 tody and control of the United States 

22 Postal Service, unless otherwise specified 

23 in this subchapter. 

24 ‘‘§ 622. Duties of landholding agencies 

25 ‘‘Each landholding agency shall— 


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1 ‘‘(1) maintain adequate inventory controls and 

2 accountability systems for property under the control 

3 of the agency; 

4 ‘‘(2) define current and future workforce pro5 jections so as to have the capacity to assess the 

6 needs of the Federal workforce regarding the use of 

7 Federal real property; 

8 ‘‘(3) continuously survey property under the 

9 control of the agency to identify underutilized prop10 erty; 

11 ‘‘(4) promptly report underutilized property to 

12 the Administrator; 

13 ‘‘(5) establish goals that lead the agency to re14 duce underutilized property in the inventory of the 

15 agency; 

16 ‘‘(6) reassign underutilized property to another 

17 activity within the agency if the property is no 

18 longer required for purposes of the appropriation 

19 used to make the purchase; 

20 ‘‘(7) transfer underutilized property under the 

21 control of the agency to other Federal agencies and 

22 to organizations specified in section 321(c)(2); 

23 ‘‘(8) obtain underutilized properties from other 

24 Federal agencies to meet mission needs before ac25 quiring non-Federal property; and 


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1 ‘‘(9) adopt workplace practices, configurations, 

2 and management techniques that can achieve in3 creased levels of productivity and decrease the need 

4 for real property assets. 

5 ‘‘§ 623. Establishment of a Federal Real Property 

6 Council 

7 ‘‘(a) ESTABLISHMENT.—There is established within 

8 the Office of Management and Budget a council to be 

9 known as the ‘Federal Real Property Council’. 

10 ‘‘(b) PURPOSE.—The purpose of the Council shall be 

11 to develop guidance for the asset management program 

12 of each executive agency. 

13 ‘‘(c) COMPOSITION.— 

14 ‘‘(1) IN GENERAL.—The Council shall be com15 posed exclusively of— 

16 ‘‘(A) the senior real property officers of 

17 each executive agency; 

18 ‘‘(B) the Deputy Director for Management 

19 of the Office of Management and Budget; 

20 ‘‘(C) the Controller of the Office of Man21 agement and Budget; 

22 ‘‘(D) the Administrator; and 

23 ‘‘(E) any other full-time or permanent 

24 part-time Federal officials or employees, as the 

25 Chairperson determines to be necessary. 


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1 ‘‘(2) CHAIRPERSON.—The Deputy Director for 

2 Management of the Office of Management and 

3 Budget shall serve as Chairperson of the Council. 

4 ‘‘(3) ADMINISTRATIVE SUPPORT.—The Office of 

5 Management and Budget shall provide funding and 

6 administrative support for the Council, as appro7 priate. 

8 ‘‘(d) DUTIES.—The Council, in consultation with the 

9 Director and the Administrator, shall— 

10 ‘‘(1) establish an asset management plan, to be 

11 updated annually, which shall include performance 

12 measures to determine the effectiveness of Federal 

13 real property management that are designed— 

14 ‘‘(A) to enable Congress and heads of land15 holding agencies to track progress in the 

16 achievement of property management objectives 

17 on a government-wide basis; and 

18 ‘‘(B) allow for comparison of the perform19 ance of landholding agencies against industry 

20 and other public sector agencies in terms of 

21 performance; 

22 ‘‘(2) in developing and implementing the per23 formance measures described in paragraph (1), use 

24 existing data sources and automated data collection 

25 tools; 


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1 ‘‘(3) not later than 90 days after the date of 

2 enactment of this subchapter, submit to the Com3 mittees on Environment and Public Works and 

4 Homeland Security and Governmental Affairs of the 

5 Senate and the Committees on Transportation and 

6 Infrastructure and Oversight and Government Re7 form of the House of Representatives a report that 

8 contains— 

9 ‘‘(A) an analysis of the existing inventory 

10 of Federal civilian real properties and the con11 dition of those assets, including data relating 

12 to— 

13 ‘‘(i) the age and condition of the prop14 erty; 

15 ‘‘(ii) the size in square footage and 

16 acreage; 

17 ‘‘(iii) the geographical location, in18 cluding an address and description; 

19 ‘‘(iv) operating costs; 

20 ‘‘(v) the history of capital expendi21 tures; 

22 ‘‘(vi) sustainability metrics; 

23 ‘‘(vii) the number of Federal employ24 ees and functions housed in the respective 

25 property; and 


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1 ‘‘(viii) the relevance of each Federal 

2 real property to the mission of the land3 holding agency; 

4 ‘‘(B) an identification of properties that 

5 can be removed from the Federal inventory and 

6 sold for proceeds, transferred, or otherwise dis7 posed of, so as to reduce the civilian real prop8 erty inventory and operating costs of the Fed9 eral Government; 

10 ‘‘(C) a list of civilian real property assets 

11 that are agency field offices that are suitable 

12 for co-location into another Federal civilian real 

13 property asset; 

14 ‘‘(D) an evaluation of the leasing process 

15 in effect as of the date of submission of the re16 port to identify and document inefficiencies in 

17 that process; 

18 ‘‘(E) a suggested strategy to reduce the re19 liance of landholding agencies on leased space 

20 for long-term needs if ownership would be less 

21 costly; and 

22 ‘‘(F) an assessment of domestically held, 

23 federally leased space, including— 


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1 ‘‘(i) a description of the overall quan2 tity and type of space leased by land3 holding agencies; and 

4 ‘‘(ii) an identification of current con5 tracts for leased office space in which the 

6 leased space is not fully used or occupied 

7 (including a plan for subletting of unoccu8 pied space); 

9 ‘‘(4) not later than 120 days after the date of 

10 enactment of this subchapter, and annually there11 after, submit to the Director, for the year covered by 

12 the report— 

13 ‘‘(A) all underutilized property under the 

14 jurisdiction of each landholding agency; 

15 ‘‘(B) an asset disposal plan, or an update 

16 of an asset disposal plan, that includes an an17 nual goal established under section 622(5) to be 

18 used by landholding agencies in reducing, by 

19 not later than 2 years after the date of enact20 ment of this subchapter, underutilized real 

21 property in the inventory of the Federal Gov22 ernment; 

23 ‘‘(C) the number of real property disposals 

24 completed, including the disposal method used 

25 for each individual real property; and 


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1 ‘‘(D) specific milestones, measurable sav2 ings, and evaluation criteria for the disposal of 

3 real property under this subchapter; 

4 ‘‘(5) in accordance with subsection (e), identify 

5 and compile a list of civilian real property assets 

6 that are agency field offices that are suitable for co7 location into other Federal civilian real property as8 sets; and 

9 ‘‘(6)(A) review contracts for leased office space 

10 that are in effect as of the date of submission of the 

11 report; and 

12 ‘‘(B) work with landholding agencies to renego13 tiate leases having at least 2 years remaining in the 

14 term of the leases to recognize potential cost savings 

15 as quickly as practicable. 

16 ‘‘(e) CO-LOCATION AMONG POSTAL SERVICE PROP17 ERTIES.— 

18 ‘‘(1) DEFINITIONS.—In this subsection: 

19 ‘‘(A) AGENCY FIELD OFFICE.—The term 

20 ‘agency field office’ means the field office of a 

21 landholding agency. 

22 ‘‘(B) POSTAL PROPERTY.—The term ‘Post23 al property’ means real property owned by the 

24 United States Postal Service. 


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1 ‘‘(2) IDENTIFICATION OF REAL PROPERTY AS2 SETS.—Each year, the Council shall— 

3 ‘‘(A) identify and compile a list of agency 

4 field offices that are suitable for co-location 

5 with another Federal civilian real property 

6 asset; and 

7 ‘‘(B) submit the list to the Director of the 

8 Office of Management and Budget and the 

9 Postmaster General. 

10 ‘‘(3) POSTAL PROPERTY.— 

11 ‘‘(A) IN GENERAL.—Not later than 30 

12 days after the completion of the list under para13 graph (2), the Director of the Office of Man14 agement and Budget, in collaboration with the 

15 Postmaster General, shall identify agency field 

16 offices on the list that are within reasonable 

17 distance of a Postal property. 

18 ‘‘(B) REASONABLE DISTANCE.—For pur19 poses of this paragraph, an agency field office 

20 shall be considered within reasonable distance 

21 of a Postal property if the office would be able 

22 to fulfill the mission of the office if the office 

23 is located at the Postal property. 

24 ‘‘(C) REVIEW BY POSTAL SERVICE.—Not 

25 later than 90 days after the receipt of the list 


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1 submitted under paragraph (2)(B), the Post2 master General shall— 

3 ‘‘(i) review the list; and 

4 ‘‘(ii) submit to the Director of the Of5 fice of Management and Budget a report 

6 containing the conclusions of the review. 

7 ‘‘(4) TERMS OF CO-LOCATION.—On approval of 

8 the recommendations under paragraph (3) by the 

9 Postmaster General and the applicable agency head, 

10 the co-location of a Postal property and an agency 

11 field office shall consist of the Executive agency that 

12 owns or leases the agency field office entering into 

13 a lease for space within the Postal property with 

14 United States Postal Service that has— 

15 ‘‘(A) an initial lease term of not less than 

16 5 years; 

17 ‘‘(B) a cost that is within 5 percent of the 

18 prevailing market lease rate for a similarly situ19 ated space identified under this subsection. 

20 ‘‘(f) OMB SCORECARD.—The Director shall prepare 

21 an annual scorecard measuring the success of each land22 holding agency in achieving savings under this subchapter. 


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1 ‘‘§ 624. Limitation on certain leasing authorities 

2 ‘‘(a) IN GENERAL.—Notwithstanding any other pro3 vision of this subchapter, a landholding agency with inde4 pendent leasing authority shall— 

5 ‘‘(1) obtain congressional approval for all leases 

6 requiring a prospectus under section 3307; 

7 ‘‘(2) acquire space at rates consistent with pre8 vailing market rates for comparable facilities within 

9 the specified geographical area; and 

10 ‘‘(3) not later than 180 days after the date of 

11 enactment of this subchapter and annually there12 after, submit to the Administrator a report that de13 scribes the use of the independent leasing authority 

14 during the period covered by the report. 

15 ‘‘(b) SUBLEASING.—The head of a landholding agen16 cy may by lease, permit, license, or similar instrument 

17 make available to State and local governments the unex18 pired portion of any government lease for real property 

19 if the head of the landholding agency determines that the 

20 property is underutilized. 

21 ‘‘§ 625. Database 

22 ‘‘The Administrator shall— 

23 ‘‘(1) not later than 1 year after the date of en24 actment of this subchapter, establish and maintain 

25 a single, comprehensive, and descriptive database of 

26 all real property under the custody and control of all 


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1 landholding branch agencies, except when otherwise 

2 required for reasons of national security; 

3 ‘‘(2) collect from each landholding agency such 

4 descriptive information (except for classified infor5 mation) as the Administrator determines will best 

6 describe the nature, use, and extent of real property 

7 holdings for the Federal Government; and 

8 ‘‘(3) to the extent consistent with national secu9 rity, make the database established under paragraph 

10 (1) accessible to the public at no cost through the 

11 website of the General Services Administration. 

12 ‘‘§ 626. Expedited disposal program 

13 ‘‘(a) IN GENERAL.— 

14 ‘‘(1) REQUIRED DISPOSAL.— 

15 ‘‘(A) IN GENERAL.—On an annual basis, 

16 the Director shall require landholding agencies 

17 to dispose of, by sale, transfer, or other means 

18 of disposal, any real property determined by the 

19 Director to be underutilized property under the 

20 goal established under section 622(5). 

21 ‘‘(B) FAIR MARKET VALUE REQUIRE22 MENT.—Underutilized property required to be 

23 disposed of under subparagraph (A) may not be 

24 sold for less than the fair market value, as de25 termined by the Administrator, in consultation 


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1 with the head of the applicable executive agen2 cy. 

3 ‘‘(C) MONETARY PROCEEDS REQUIRE4 MENT.— 

5 ‘‘(i) IN GENERAL.—Underutilized 

6 property may be sold under this section 

7 only if disposal of the property will gen8 erate monetary proceeds to the Federal 

9 Government that exceed the costs of dis10 posal of the property. 

11 ‘‘(ii) PROHIBITIONS ON NONCASH

12 TRANSACTIONS.—A disposal of real prop13 erty under this section may not include 

14 any exchange, trade, transfer, acquisition 

15 of the like-kind property, or other noncash 

16 transaction as part of the disposal. 

17 ‘‘(2) WEBSITE.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 subparagraph (B), the Administrator shall en20 sure that all real properties selected for disposal 

21 under this section are listed on a website that 

22 shall— 

23 ‘‘(i) be updated routinely; and 

24 ‘‘(ii) include the functionality to allow 

25 any member of the public, at the option of 


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1 the member, to receive updates of the list 

2 through electronic mail. 

3 ‘‘(B) NATIONAL SECURITY EXEMPTION.— 

4 The Director or the Secretary of Defense may, 

5 for purposes of national security, exclude from 

6 listing on the website under subparagraph (A) 

7 any real property selected for disposal under 

8 this section. 

9 ‘‘(3) APPLICABILITY OF CERTAIN LAW.—Any 

10 expedited disposal of a real property conducted 

11 under this section shall not be subject to— 

12 ‘‘(A) any section of An Act Authorizing the 

13 Transfer of Certain Real Property for Wildlife, 

14 or other Purposes (16 U.S.C. 667b); 

15 ‘‘(B) sections 107 and 317 of title 23; 

16 ‘‘(C) sections 545(b)(8), 550, 553, 554, 

17 and 1304(b) of this title; 

18 ‘‘(D) section 501 of the McKinney-Vento 

19 Homeless Assistance Act (42 U.S.C. 11411); 

20 ‘‘(E) section 47151 of title 49; 

21 ‘‘(F) section 13(d) of the Surplus Property 

22 Act of 1944 (50 U.S.C. App. 1622(d)); 

23 ‘‘(G) any other provision of law author24 izing the conveyance of real property owned by 


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1 the Federal Government for no consideration; 

2 or 

3 ‘‘(H) any congressional notification re4 quirement other than that in section 545 of this 

5 title. 

6 ‘‘(b) USE OF PROCEEDS.— 

7 ‘‘(1) IN GENERAL.—Of the proceeds received 

8 from the disposal of any real property under this 

9 subchapter— 

10 ‘‘(A) not less than 80 percent shall be re11 turned to the general fund of the Treasury for 

12 debt reduction; 

13 ‘‘(B) the lesser of 18 percent or the share 

14 of proceeds otherwise authorized to be retained 

15 under law shall be retained by landholding 

16 agencies, subject to paragraphs (2) and (3); 

17 ‘‘(C) not more than 2 percent shall be 

18 made available to carry out section 627, subject 

19 to annual appropriations; and 

20 ‘‘(D) any remaining share of the proceeds 

21 shall be returned to the general fund of the 

22 Treasury for debt reduction. 

23 ‘‘(2) LIMITATION ON USE OF PROCEEDS.—Any 

24 proceeds retained by landholding agencies under this 

25 section shall be— 


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1 ‘‘(A) deposited into the appropriate real 

2 property account of the agency that had cus3 tody and accountability for the real property, 

4 with the funds expended only as authorized in 

5 annual appropriations Acts; 

6 ‘‘(B) used— 

7 ‘‘(i) by not later than 1 year after the 

8 date of disposal of the real property; and 

9 ‘‘(ii) only for activities relating to 

10 Federal real property asset management 

11 and disposal, including paying costs in12 curred by the General Services Administra13 tion for any disposal-related activity au14 thorized by this title; and 

15 ‘‘(C) if not used by the date described in 

16 subparagraph (A)(i), returned to the general 

17 fund of the Treasury for debt reduction pur18 poses. 

19 ‘‘(3) POSTAL PROPERTY PROCEEDS.—The pro20 ceeds resulting from the disposal of any property 

21 owned by the United States Postal Service shall be 

22 deposited in the Postal Service Fund established 

23 under section 2003 of title 39. 

24 ‘‘(c) PUBLIC BENEFIT.— 


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1 ‘‘(1) CONVEYANCE.—If an underutilized prop2 erty has not been disposed of by the date that is 3 

3 years after the date of designation of the property 

4 as underutilized, the Director, in consultation with 

5 the Administrator and the Secretary of Housing and 

6 Urban Development, may consider a request from 

7 the disposing agency that the underutilized property 

8 be conveyed to State and local governments or non9 profit organizations for various public purposes or 

10 uses as permitted by applicable law. 

11 ‘‘(2) PREDOMINANT USE AND SIZE STAND12 ARDS.—Underutilized property the predominant use 

13 of which is other than housing, and the area of 

14 which is equal to or greater than 25,000 square feet 

15 or the fair market value of which exceeds 

16 $2,000,000, shall be considered to be unsuitable for 

17 disposal under this subsection. 

18 ‘‘(d) ENFORCEMENT.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (3), if a landholding agency fails to make 

21 available for public sale the underutilized properties 

22 described in subsection (a) by the date that is 18 

23 months after the date of a determination by the Di24 rector under subsection (a), no landholding agency 

25 may acquire any real property not under the adminVerDate Mar 15 2010 22:03 Nov 27, 2012 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6401 E:\BILLS\S2178.RS S2178

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1 istrative jurisdiction of the Federal Government, by 

2 sale or lease, until the Director submits a certifi3 cation to Congress of the disposal of all of those sur4 plus real properties. 

5 ‘‘(2) SEQUESTRATION AUTHORITY.—Except as 

6 provided in paragraph (3), if a landholding agency 

7 fails to dispose of, or make available for public sale, 

8 the underutilized properties described in subsection 

9 (a) by the date that is 2 years after the date of a 

10 determination by the Director under subsection 

11 (a)— 

12 ‘‘(A) the Director shall order a 1-time se13 questration from the annual budget of the land14 holding agency equal to 80 percent of the fair 

15 market value of the underutilized property, with 

16 the sequestered funds returned to the general 

17 fund of the Treasury for debt reduction pur18 poses; and 

19 ‘‘(B) the Director shall submit a sequestra20 tion report to Committees on Budget, Environ21 ment and Public Works, and Homeland Secu22 rity and Governmental Affairs of the Senate 

23 and the Committees on Budget, Transportation 

24 and Infrastructure, and Oversight and Govern25 ment Reform of the House of Representatives. 


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1 ‘‘(3) WAIVER.—Paragraphs (1) and (2) shall 

2 not apply to a landholding agency if— 

3 ‘‘(A) the landholding agency submits to the 

4 Director and the Committees on Environment 

5 and Public Works and Homeland Security and 

6 Governmental Affairs of the Senate and the 

7 Committees on Transportation and Infrastruc8 ture and Oversight and Government Reform of 

9 the House of Representatives a written jus10 tification describing the reasons why the sur11 plus real properties described in subsection (a) 

12 under the jurisdiction of the landholding agency 

13 were not disposed of; and 

14 ‘‘(B) Congress enacts a law approving the 

15 waiver. 

16 ‘‘(4) REPORT.—Not later than 1 year after the 

17 date of enactment of this subchapter and annually 

18 thereafter, the Council shall submit to the Director 

19 a report listing each landholding agency that fails to 

20 meet the applicable underutilized property reduction 

21 goal established under section 622(5), along with a 

22 list of the remaining underutilized properties of the 

23 landholding agency. 


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1 ‘‘(e) TERMINATION OF AUTHORITY.—The authority 

2 provided by this section terminates on the date that is 7 

3 years after the date of enactment of this subchapter. 

4 ‘‘§ 627. Homeless assistance grants 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) HOMELESS.—The term ‘homeless’ has the 

7 meaning given the term in section 103 of the 

8 McKinney-Vento Homeless Assistance Act (42 

9 U.S.C. 11302), except that subsection (c) of that 

10 section shall not apply. 

11 ‘‘(2) PERMANENT HOUSING.—The term ‘perma12 nent housing’ has the meaning given the term sec13 tion 401 of the McKinney-Vento Homeless Assist14 ance Act (42 U.S.C. 11360). 

15 ‘‘(3) PRIVATE NONPROFIT ORGANIZATION.— 

16 The term ‘private nonprofit organization’ has the 

17 meaning given the term in section 401 of the 

18 McKinney-Vento Homeless Assistance Act (42 

19 U.S.C. 11360). 

20 ‘‘(4) REPRESENTATIVE OF THE HOMELESS.— 

21 The term ‘representative of the homeless’ has the 

22 meaning given the term in section 501(i) of the 

23 McKinney-Vento Homeless Assistance Act (42 

24 U.S.C. 11411(i)). 


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1 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

2 the Secretary of Housing and Urban Development. 

3 ‘‘(6) TRANSITIONAL HOUSING.—The term 

4 ‘transitional housing’ has the meaning given the 

5 term in section 401 of the McKinney-Vento Home6 less Assistance Act (42 U.S.C. 11360). 

7 ‘‘(b) GRANT AUTHORITY.—To the extent amounts 

8 are made available under section 626 for use under this 

9 section, the Secretary shall make grants to eligible private 

10 nonprofit organizations under subsection (c) through the 

11 continuum of care program established under subtitle C 

12 of title IV of the McKinney-Vento Homeless Assistance 

13 Act (42 U.S.C. 11381 et seq.), to purchase property suit14 able for use to assist the homeless in accordance with sub15 section (d). 

16 ‘‘(c) ELIGIBLE GRANTEES.—To be eligible to receive 

17 a grant under subsection (b), a private nonprofit organiza18 tion shall be a representative of the homeless. 

19 ‘‘(d) USE OF PROPERTIES FOR HOUSING OR SHEL20 TER FOR THE HOMELESS.— 

21 ‘‘(1) ELIGIBLE USES.—A private nonprofit or22 ganization that receives a grant under subsection (b) 

23 shall use the amounts received only to acquire or re24 habilitate real property for use to provide permanent 


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1 housing, transitional housing, or temporary shelter 

2 to the homeless. 

3 ‘‘(2) TERM OF USE.—The Secretary may not 

4 make a grant under subsection (b) to a private non5 profit organization unless the private nonprofit orga6 nization provides to the Secretary such assurances 

7 as the Secretary determines necessary to ensure that 

8 any property acquired or rehabilitated using 

9 amounts received under a grant is used only for the 

10 uses described in paragraph (1) for a period of not 

11 less than 15 years. 

12 ‘‘(e) PREFERENCE.—In awarding grants under sub13 section (b), the Secretary shall give preference to private 

14 nonprofit organizations that operate within areas in which 

15 Federal real property is being sold under the disposal pro16 gram authorized under section 626. 

17 ‘‘(f) REGULATIONS.—The Secretary may promulgate 

18 such regulations as are necessary to carry out this sec19 tion.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

21 The table of sections for chapter 5 of subtitle I of title 

22 40, United States Code, is amended by inserting after the 

23 item relating to section 611 the following: 

‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF REAL PROPERTY

‘‘Sec. 621. Definitions. 

‘‘Sec. 622. Duties of landholding agencies. 

‘‘Sec. 623. Establishment of a Federal Real Property Council. 


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‘‘Sec. 624. Limitation on certain leasing authorities. 

‘‘Sec. 625. Database. 

‘‘Sec. 626. Expedited disposal program. 

‘‘Sec. 627. Homeless assistance grants.’’. 

1 (c) REPORT OF THE COMPTROLLER GENERAL.—Not 

2 later than 3 years after the date of enactment of this Act, 

3 the Comptroller General of the United States shall submit 

4 to Congress a report on the use by executive agencies of 

5 the authorities provided by this Act and amendments 

6 made by this Act. 

7 SECTION 1. SHORT TITLE. 

8 This Act may be cited as the ‘‘Federal Real Property 

9 Asset Management Reform Act of 2012’’. 

10 SEC. 2. TABLE OF CONTENTS. 

11 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—PROPERTY MANAGEMENT PLANS 

Sec. 101. Expedited disposal of real property. 

TITLE II—PROPERTY MANAGEMENT POLICY 

Sec. 201. Property management policy. 

Sec. 202. Consideration of life-cycle cost required. 

12 TITLE I—PROPERTY 

13 MANAGEMENT PLANS 

14 SEC. 101. EXPEDITED DISPOSAL OF REAL PROPERTY. 

15 Chapter 5 of subtitle I of title 40, United States Code, 

16 is amended by adding at the end the following: 


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1 ‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF 

2 REAL PROPERTY 

3 ‘‘§ 621. Definitions 

4 ‘‘In this subchapter: 

5 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis6 trator’ means the Administrator of General Services. 

7 ‘‘(2) COUNCIL.—The term ‘Council’ means the 

8 Federal Real Property Council established by section 

9 623(a). 

10 ‘‘(3) DIRECTOR.—The term ‘Director’ means the 

11 Director of the Office of Management and Budget. 

12 ‘‘(4) DISPOSAL.—The term ‘disposal’ means any 

13 action that constitutes the removal of any real prop14 erty from the Federal inventory, including sale, deed, 

15 demolition, or exchange. 

16 ‘‘(5) FEDERAL AGENCY.—The term ‘Federal 

17 agency’ means— 

18 ‘‘(A) an executive department or inde19 pendent establishment in the executive branch of 

20 the Government; and 

21 ‘‘(B) a wholly owned Government corpora22 tion. 

23 ‘‘(6) REAL PROPERTY.— 

24 ‘‘(A) IN GENERAL.—The term ‘real prop25 erty’ means any Federal real property asset. 


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1 ‘‘(B) INCLUSIONS.—The term ‘real prop2 erty’ includes— 

3 ‘‘(i) Federal buildings (as defined in 

4 section 3301); and 

5 ‘‘(ii) occupied and improved grounds, 

6 leased space, or other physical structures 

7 under the custody and control of any Fed8 eral agency. 

9 ‘‘(C) EXCLUSIONS.—The terms ‘real prop10 erty’ does not include— 

11 ‘‘(i) any military installation (as de12 fined in section 2910 of the Defense Base 

13 Closure and Realignment Act of 1990 (10 

14 U.S.C. 2687 note; Public Law 101–510)); 

15 ‘‘(ii) any property that is excepted 

16 from the definition of the term ‘property’ 

17 under section 102; 

18 ‘‘(iii) a designated wilderness study 

19 area or other areas managed for wilderness 

20 characteristics; 

21 ‘‘(iv) Indian and native Eskimo prop22 erty held in trust by the Federal Govern23 ment as described in section 

24 3301(a)(5)(C)(iii); 


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1 ‘‘(v) property operated and maintained 

2 by the Tennessee Valley Authority pursuant 

3 to the Tennessee Valley Authority Act of 

4 1933 (16 U.S.C. 831 et seq.); 

5 ‘‘(vi) postal property owned by the 

6 United States Postal Service; or 

7 ‘‘(vii) any property the Director ex8 cludes for reasons of national security. 

9 ‘‘(7) FIELD OFFICE.—The term ‘field office’ 

10 means any office of a Federal agency that is not the 

11 headquarters office location for the Federal agency. 

12 ‘‘(8) SMALL BUSINESS CONCERN.—The term 

13 ‘small business concern’ has the meaning given the 

14 term in section 3 of the Small Business Act (15 

15 U.S.C. 632). 

16 ‘‘(9) UNDERUTILIZED PROPERTY.—The term 

17 ‘underutilized property’ means any real property that 

18 is— 

19 ‘‘(A) excess; 

20 ‘‘(B) surplus; 

21 ‘‘(C) underperforming; or 

22 ‘‘(D) otherwise not meeting the needs of the 

23 Federal Government, as determined by the Direc24 tor. 


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1 ‘‘§ 622. Duties of Federal agencies 

2 ‘‘Each Federal agency shall— 

3 ‘‘(1) maintain adequate inventory controls and 

4 accountability systems for real property under the 

5 control of the agency; 

6 ‘‘(2) define current and future workforce projec7 tions so as to have the capacity to assess the needs of 

8 the Federal workforce regarding the use of real prop9 erty; 

10 ‘‘(3) continuously survey real property under the 

11 control of the agency to identify underutilized prop12 erty; 

13 ‘‘(4) promptly report underutilized property to 

14 the Administrator; 

15 ‘‘(5) establish goals that lead the agency to re16 duce underutilized property in the inventory of the 

17 agency not later than December 31, 2016; 

18 ‘‘(6) reassign underutilized property to another 

19 activity within the agency if the property is no longer 

20 required for purposes of the appropriation used to 

21 make the purchase; 

22 ‘‘(7) transfer underutilized property under the 

23 control of the agency to other Federal agencies and to 

24 organizations specified in section 321(c)(2); 


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1 ‘‘(8) obtain underutilized properties from other 

2 Federal agencies to meet mission needs before acquir3 ing non-Federal property; and 

4 ‘‘(9) adopt workplace practices, configurations, 

5 and management techniques that can achieve in6 creased levels of productivity and decrease the need 

7 for real property assets. 

8 ‘‘§ 623. Establishment of a Federal Real Property 

9 Council 

10 ‘‘(a) ESTABLISHMENT.—There is established a Federal 

11 Real Property Council. 

12 ‘‘(b) PURPOSE.—The purpose of the Council shall be 

13 to develop guidance for the asset management program of 

14 each Federal agency. 

15 ‘‘(c) COMPOSITION.— 

16 ‘‘(1) IN GENERAL.—The Council shall be com17 posed exclusively of— 

18 ‘‘(A) the senior real property officers of each 

19 executive agency; 

20 ‘‘(B) the Deputy Director for Management 

21 of the Office of Management and Budget; 

22 ‘‘(C) the Controller of the Office of Manage23 ment and Budget; 

24 ‘‘(D) the Administrator; and 


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1 ‘‘(E) any other full-time or permanent part2 time Federal officials or employees, as the Chair3 person determines to be necessary. 

4 ‘‘(2) CHAIRPERSON.—The Deputy Director for 

5 Management of the Office of Management and Budget 

6 shall serve as Chairperson of the Council. 

7 ‘‘(3) ADMINISTRATIVE SUPPORT.—The Office of 

8 Management and Budget shall provide funding and 

9 administrative support for the Council, as appro10 priate. 

11 ‘‘(d) DUTIES.—The Council, in consultation with the 

12 Director and the Administrator, shall— 

13 ‘‘(1) establish an asset management plan, to be 

14 updated annually, which shall include performance 

15 measures to determine the effectiveness of real prop16 erty management that are designed— 

17 ‘‘(A) to enable Congress and heads of Fed18 eral agencies to track progress in the achieve19 ment of property management objectives on a 

20 government-wide basis; and 

21 ‘‘(B) allow for comparison of the perform22 ance of Federal agencies against industry and 

23 other public sector agencies in terms of perform24 ance; 


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1 ‘‘(2) develop standard use rates consistent 

2 throughout each category of space and with non3 governmental space use rates; 

4 ‘‘(3) not later than 180 days after the date of en5 actment of this subchapter, and annually for a 5-year 

6 period thereafter, submit to the Committees on Envi7 ronment and Public Works and Homeland Security 

8 and Governmental Affairs of the Senate and the Com9 mittees on Transportation and Infrastructure and 

10 Oversight and Government Reform of the House of 

11 Representatives a report that contains— 

12 ‘‘(A) an analysis of the existing inventory of 

13 real property and the condition of that property, 

14 including data relating to— 

15 ‘‘(i) the age and condition of the prop16 erty; 

17 ‘‘(ii) the size on the property in square 

18 footage and acreage; 

19 ‘‘(iii) the geographical location of the 

20 property, including an address and descrip21 tion; 

22 ‘‘(iv) operating costs associated with 

23 the property; 

24 ‘‘(v) the history of capital expenditures 

25 associated with the property; 


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1 ‘‘(vi) sustainability metrics associated 

2 with the property; 

3 ‘‘(vii) the number of Federal employees 

4 and functions housed in the property; and 

5 ‘‘(viii) the relevance of each property to 

6 the mission of the Federal agency; 

7 ‘‘(B) a list of real property assets that are 

8 field offices that are suitable for co-location into 

9 another real property asset; 

10 ‘‘(C) an evaluation of the leasing process in 

11 effect as of the date of submission of the report 

12 to identify and document inefficiencies in that 

13 process; 

14 ‘‘(D) a suggested strategy to reduce the reli15 ance of Federal agencies on leased space for long16 term needs if ownership would be less costly; and 

17 ‘‘(E) an assessment of federally leased space, 

18 including— 

19 ‘‘(i) a description of the overall quan20 tity and type of space leased by Federal 

21 agencies; and 

22 ‘‘(ii) an identification of current con23 tracts for leased office space in which the 

24 leased space is not fully used or occupied 


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1 (including a plan for subletting of unoccu2 pied space if appropriate); 

3 ‘‘(F) an analysis of all underutilized prop4 erty under the jurisdiction of each Federal agen5 cy that can be removed from the Federal inven6 tory and sold for proceeds, transferred, or other7 wise disposed of, so as to reduce the civilian real 

8 property inventory and associated operating 

9 costs of the Federal Government; 

10 ‘‘(G) an asset disposal plan, or an update 

11 of an asset disposal plan, that includes an an12 nual goal established under section 622(5) to be 

13 used by Federal agencies in reducing, by not 

14 later than 5 years after the date of enactment of 

15 this subchapter, underutilized property in the in16 ventory of the Federal Government; 

17 ‘‘(H) the number of real property disposals 

18 completed, including the disposal method used 

19 for each individual real property; and 

20 ‘‘(I) specific milestones, measurable savings, 

21 and evaluation criteria for the disposal of real 

22 property under this subchapter; 

23 ‘‘(4) in accordance with subsection (e), identify 

24 and compile a list of real property assets that are 


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1 field offices that are suitable for co-location into other 

2 real property assets; and 

3 ‘‘(5)(A) review contracts for leased office space 

4 that are in effect as of the date of submission of the 

5 report; and 

6 ‘‘(B) work with Federal agencies to renegotiate 

7 leases having at least 2 years remaining in the term 

8 of the leases to recognize potential cost savings as 

9 quickly as practicable. 

10 ‘‘(e) CO-LOCATION AMONG POSTAL SERVICE PROP11 ERTIES.— 

12 ‘‘(1) DEFINITION OF POSTAL PROPERTY.—In this 

13 subsection, the term ‘Postal property’ means any 

14 building owned by the United States Postal Service. 

15 ‘‘(2) IDENTIFICATION OF REAL PROPERTY AS16 SETS.—Each year, the Council shall— 

17 ‘‘(A) identify and compile a list of field of18 fices that are suitable for co-location with an19 other real property asset; and 

20 ‘‘(B) submit the list to the Director of the 

21 Office of Management and Budget and the Post22 master General. 

23 ‘‘(3) POSTAL PROPERTY.— 

24 ‘‘(A) IN GENERAL.—Not later than 30 days 

25 after the completion of the list under paragraph 


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1 (2), the Director of the Office of Management 

2 and Budget, in collaboration with the Postmaster 

3 General, shall identify field offices on the list 

4 that are within reasonable distance of a Postal 

5 property. 

6 ‘‘(B) REASONABLE DISTANCE.—For pur7 poses of this paragraph, a field office shall be 

8 considered within reasonable distance of a Postal 

9 property if the office would be able to fulfill the 

10 mission of the office if the office is located at the 

11 Postal property. 

12 ‘‘(C) REVIEW BY POSTAL SERVICE.—Not 

13 later than 90 days after the receipt of the list 

14 submitted under paragraph (3)(B), the Post15 master General shall— 

16 ‘‘(i) review the list; and 

17 ‘‘(ii) submit to the Director of the Of18 fice of Management and Budget a report 

19 containing the conclusions of the review. 

20 ‘‘(4) TERMS OF CO-LOCATION.—On approval of 

21 the recommendations under paragraph (4) by the 

22 Postmaster General and the applicable agency head, 

23 the co-location of a Postal property and an field office 

24 shall consist of the Executive agency that owns or 

25 leases the field office entering into a lease for space 


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1 within the Postal property with United States Postal 

2 Service that has— 

3 ‘‘(A) an initial lease term of not less than 

4 5 years; 

5 ‘‘(B) a cost that is within 5 percent of the 

6 prevailing market lease rate for a similarly situ7 ated space identified under this subsection.’’. 

8 TITLE II—PROPERTY 

9 MANAGEMENT POLICY 

10 SEC. 201. PROPERTY MANAGEMENT POLICY. 

11 (a) IN GENERAL.—Chapter 5 of subtitle I of title 40, 

12 United States Code (as amended by title I) is amended by 

13 adding at the end the following: 

14 ‘‘§ 624. Database 

15 ‘‘The Administrator shall— 

16 ‘‘(1) not later than 1 year after the date of enact17 ment of this subchapter, establish and maintain a 

18 single, comprehensive, and descriptive database of all 

19 real property under the custody and control of all 

20 Federal branch agencies, except when otherwise re21 quired for reasons of national security; 

22 ‘‘(2) collect from each Federal agency such de23 scriptive information (except for classified informa24 tion) as the Administrator determines will best deVerDate Mar 15 2010 22:03 Nov 27, 2012 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\S2178.RS S2178

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1 scribe the nature, use, and extent of real property 

2 holdings for the Federal Government; and 

3 ‘‘(3) to the extent consistent with national secu4 rity, make the database established under paragraph 

5 (1) accessible to the public at no cost through the 

6 website of the General Services Administration. 

7 ‘‘§ 625. Limitation on certain leasing authorities 

8 ‘‘Notwithstanding any other provision of this sub9 chapter, a Federal agency with independent leasing author10 ity shall— 

11 ‘‘(1) consult with the Administrator for all leases 

12 requiring a prospectus under section 3307; 

13 ‘‘(2) acquire space at rates consistent with pre14 vailing market rates for comparable facilities within 

15 the specified geographical area; and 

16 ‘‘(3) not later than 180 days after the date of en17 actment of this subchapter and annually thereafter, 

18 submit to the Administrator a report that describes 

19 the use of the independent leasing authority during 

20 the period covered by the report. 

21 ‘‘§ 626. Expedited disposal program 

22 ‘‘(a) IN GENERAL.— 

23 ‘‘(1) REQUIRED DISPOSAL.— 

24 ‘‘(A) IN GENERAL.—On an annual basis, 

25 the Director shall require Federal agencies to disVerDate Mar 15 2010 22:03 Nov 27, 2012 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\S2178.RS S2178

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1 pose of, by sale, transfer, or other means of dis2 posal, any real property determined by the Di3 rector to be underutilized property. 

4 ‘‘(B) COSTS ASSOCIATED WITH DISPOSAL.— 

5 ‘‘(i) IN GENERAL.—The Administrator 

6 may obligate an amount to pay any direct 

7 and indirect costs under section 572 related 

8 to identifying and preparing properties to 

9 be reported as excess by a Federal agency. 

10 ‘‘(ii) REIMBURSEMENT.—An amount 

11 obligated under clause (i) shall be paid from 

12 the proceeds of any sale of underutilized 

13 property. 

14 ‘‘(iii) NET PROCEEDS.—Net proceeds 

15 shall be distributed under subsection (b). 

16 ‘‘(C) MAXIMUM NET PROCEEDS.—Underuti17 lized property required to be disposed of by sale 

18 of under subparagraph (A) shall be sold at an 

19 auction that, as determined by the Adminis20 trator in consultation with the head of the appli21 cable Federal agency, is structured and marketed 

22 to ensure the maximum amount of net proceeds. 

23 ‘‘(D) MONETARY PROCEEDS REQUIRE24 MENT.— 


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1 ‘‘(i) IN GENERAL.—Underutilized 

2 property may be sold under this section 

3 only if disposal of the property will gen4 erate monetary proceeds to the Federal Gov5 ernment that exceed the costs of disposal of 

6 the property. 

7 ‘‘(ii) PROHIBITIONS ON NONCASH

8 TRANSACTIONS.—A disposal of underuti9 lized property under this section may not 

10 include any exchange, trade, transfer, ac11 quisition of the like-kind property, or other 

12 noncash transaction as part of the disposal. 

13 ‘‘(2) APPLICABILITY OF CERTAIN LAW.—Any ex14 pedited disposal of underutilized property conducted 

15 under this section shall not be subject to— 

16 ‘‘(A) any section of An Act Authorizing the 

17 Transfer of Certain Real Property for Wildlife, 

18 or other Purposes (16 U.S.C. 667b); 

19 ‘‘(B) sections 107 and 317 of title 23; 

20 ‘‘(C) sections 545(b)(8), 550, 553, 554, and 

21 1304(b) of this title; 

22 ‘‘(D) section 501 of the McKinney-Vento 

23 Homeless Assistance Act (42 U.S.C. 11411); 

24 ‘‘(E) section 47151 of title 49; 


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1 ‘‘(F) section 13(d) of the Surplus Property 

2 Act of 1944 (50 U.S.C. App. 1622(d)); 

3 ‘‘(G) any other provision of law authorizing 

4 the conveyance of real property owned by the 

5 Federal Government for no consideration; or 

6 ‘‘(H) any congressional notification require7 ment other than that in section 545 of this title. 

8 ‘‘(b) USE OF PROCEEDS.— 

9 ‘‘(1) IN GENERAL.—Of the proceeds received from 

10 the disposal of any real property under this sub11 chapter— 

12 ‘‘(A) not less than 80 percent shall be re13 turned to the general fund of the Treasury for 

14 debt reduction; 

15 ‘‘(B) the lesser of 18 percent or the share of 

16 proceeds otherwise authorized to be retained 

17 under law shall be retained by Federal agencies, 

18 subject to paragraph (2); 

19 ‘‘(C) not more than 2 percent shall be made 

20 available to carry out section 627, subject to an21 nual appropriations; and 

22 ‘‘(D) any remaining share of the proceeds 

23 shall be returned to the general fund of the 

24 Treasury for Federal budget deficit reduction. 


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1 ‘‘(2) LIMITATION ON USE OF PROCEEDS.—Any 

2 proceeds retained by Federal agencies under this sec3 tion shall be— 

4 ‘‘(A) deposited into the appropriate real 

5 property account of the agency that had custody 

6 and accountability for the underutilized prop7 erty, with the funds expended only as authorized 

8 in annual appropriations Acts; 

9 ‘‘(B) used— 

10 ‘‘(i) by not later than 1 year after the 

11 date of disposal of the real property; and 

12 ‘‘(ii) only for activities relating to Fed13 eral real property asset management and 

14 disposal; and 

15 ‘‘(C) if not used by the date described in 

16 subparagraph (A)(i), shall be deposited in the 

17 Treasury and used for Federal budget deficit re18 duction. 

19 ‘‘(c) PUBLIC BENEFIT.— 

20 ‘‘(1) CONVEYANCE.—If an underutilized property 

21 has not been disposed of by the date that is 2 years 

22 after the date the property is listed for sale, the Direc23 tor, in consultation with the Administrator and the 

24 Secretary of Housing and Urban Development, may 

25 consider a request from the disposing agency that the 


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1 underutilized property be conveyed to State and local 

2 governments or nonprofit organizations for various 

3 public purposes or uses as permitted by applicable 

4 law. 

5 ‘‘(2) PREDOMINANT USE AND SIZE STAND6 ARDS.— 

7 ‘‘(A) IN GENERAL.—Underutilized property 

8 the predominant use of which is other than hous9 ing, and the area of which is equal to or greater 

10 than 25,000 square feet or the appraised fair 

11 market value of which exceeds $2,000,000, shall 

12 be considered to be unsuitable for disposal under 

13 this subsection. 

14 ‘‘(B) APPRAISED FAIR MARKET VALUE.— 

15 The appraised fair market value described in 

16 subparagraph (A) shall be determined by the 

17 Federal agency with custody or control of the 

18 property, in consultation with the Administrator 

19 and standard appraisal practice. 

20 ‘‘(d) ENFORCEMENT.— 

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) INCREASE IN SIZE OF INVENTORY.— 

23 Except as provided in subparagraph (B) and 

24 paragraph (2) and , if a Federal agency fails to 

25 make available for public sale the underutilized 


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1 properties described in subsection (a) by the date 

2 that is 18 months after the date of a determina3 tion by the Director under subsection (a), that 

4 Federal agency, except for specific exceptions 

5 promulgated by the Director, shall not increase 

6 the size of the civilian real property inventory, 

7 unless the square footage of the increase is offset, 

8 within an appropriate time as determined by the 

9 Director, through consolidation, colocation, or 

10 disposal of another building space from the in11 ventory of that agency. 

12 ‘‘(B) EXCEPTION.—Subparagraph (A) shall 

13 not apply to a Federal agency that acquires any 

14 real property not under the administrative juris15 diction of the Federal Government, by sale or 

16 lease, until the Director submits a certification 

17 to Congress of the disposal of all of those surplus 

18 real properties. 

19 ‘‘(2) WAIVER.—Paragraph (1) shall not apply to 

20 a Federal agency if— 

21 ‘‘(A) the Federal agency submits to the Di22 rector and the Committees on Environment and 

23 Public Works and Homeland Security and Gov24 ernmental Affairs of the Senate and the Commit25 tees on Transportation and Infrastructure and 


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1 Oversight and Government Reform of the House 

2 of Representatives a written justification describ3 ing— 

4 ‘‘(i) the reasons why the surplus real 

5 properties described in subsection (a) under 

6 the jurisdiction of the Federal agency were 

7 not disposed of; or 

8 ‘‘(ii) why the restriction on growth 

9 without an identified offset obstructs the 

10 performance of a mission-critical function; 

11 and 

12 ‘‘(B) Congress enacts a law approving the 

13 waiver. 

14 ‘‘(3) OMB SCORECARD.— 

15 ‘‘(A) IN GENERAL.—The Director shall pre16 pare an annual scorecard measuring the success 

17 of each Federal agency in achieving savings 

18 under this subchapter. 

19 ‘‘(B) GOVERNMENT-WIDE SAVINGS.—The 

20 Director shall use the scorecard described in sub21 paragraph (A) to determine whether the sum of 

22 the savings of each agency is at least 

23 $15,000,000,000 over a 10-year period. 

24 ‘‘(4) REPORT.—Not later than 1 year after the 

25 date of enactment of this subchapter and once for 


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1 every 5-year period thereafter, the Council shall sub2 mit to the Director a report listing each Federal agen3 cy that fails to meet the applicable underutilized 

4 property reduction goal established under section 

5 622(5), along with a list of the remaining underuti6 lized properties of the Federal agency. 

7 ‘‘(e) TERMINATION OF AUTHORITY.—The authority 

8 provided by this section terminates on the date that is 5 

9 years after the date of enactment of this subchapter. 

10 ‘‘§ 627. Homeless assistance grants 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) ELIGIBLE NONPROFIT ORGANIZATION.—The 

13 term ‘eligible nonprofit organization’ means a non14 profit organization that is a representative of the 

15 homeless. 

16 ‘‘(2) HOMELESS.—The term ‘homeless’ has the 

17 meaning given the term in section 103 of the McKin18 ney-Vento Homeless Assistance Act (42 U.S.C. 11302), 

19 except that subsection (c) of that section shall not 

20 apply. 

21 ‘‘(3) PERMANENT HOUSING.—The term ‘perma22 nent housing’ has the meaning given the term section 

23 401 of the McKinney-Vento Homeless Assistance Act 

24 (42 U.S.C. 11360). 


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1 ‘‘(4) PRIVATE NONPROFIT ORGANIZATION.—The 

2 term ‘private nonprofit organization’ has the mean3 ing given the term in section 401 of the McKinney4 Vento Homeless Assistance Act (42 U.S.C. 11360). 

5 ‘‘(5) REPRESENTATIVE OF THE HOMELESS.—The 

6 term ‘representative of the homeless’ has the meaning 

7 given the term in section 501(i) of the McKinney8 Vento Homeless Assistance Act (42 U.S.C. 11411(i)). 

9 ‘‘(6) SECRETARY.—The term ‘Secretary’ means 

10 the Secretary of Housing and Urban Development. 

11 ‘‘(7) TRANSITIONAL HOUSING.—The term ‘transi12 tional housing’ has the meaning given the term in 

13 section 401 of the McKinney-Vento Homeless Assist14 ance Act (42 U.S.C. 11360). 

15 ‘‘(b) GRANT AUTHORITY.— 

16 ‘‘(1) IN GENERAL.—To the extent amounts are 

17 made available under section 626 for use under this 

18 section, the Secretary shall make grants to eligible 

19 private nonprofit organizations through the con20 tinuum of care program established under subtitle C 

21 of title IV of the McKinney-Vento Homeless Assistance 

22 Act (42 U.S.C. 11381 et seq.), to purchase property 

23 suitable for use to assist the homeless in accordance 

24 with subsection (c). 


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1 ‘‘(2) TERMS AND CONDITIONS.—Except as other2 wise provided in this section, a grant under this sec3 tion shall be subject to the same terms and conditions 

4 as a grant under the continuum of care program es5 tablished under subtitle C of title IV of the McKinney6 Vento Homeless Assistance Act (42 U.S.C. 11381 et 

7 seq.). 

8 ‘‘(c) USE OF PROPERTIES FOR HOUSING OR SHELTER

9 FOR THE HOMELESS.— 

10 ‘‘(1) ELIGIBLE USES.—An eligible private non11 profit organization that receives a grant under sub12 section (b) shall use the amounts received only to pur13 chase or rehabilitate real property for use to provide 

14 permanent housing, transitional housing, or tem15 porary shelter to the homeless. 

16 ‘‘(2) TERM OF USE.—The Secretary may not 

17 make a grant under subsection (b) to an eligible pri18 vate nonprofit organization unless the eligible private 

19 nonprofit organization provides to the Secretary such 

20 assurances as the Secretary determines necessary to 

21 ensure that any property purchased or rehabilitated 

22 using amounts received under the grant is used only 

23 for the uses described in paragraph (1) for a period 

24 of not less than 15 years. 


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1 ‘‘(d) PREFERENCE.—In awarding grants under sub2 section (b), the Secretary shall give preference to eligible 

3 private nonprofit organizations that operate within areas 

4 in which Federal real property is being sold under the dis5 posal program authorized under section 626. 

6 ‘‘(e) REGULATIONS.—The Secretary may promulgate 

7 such regulations as are necessary to carry out this section.’’. 

8 (b) REPORT OF THE COMPTROLLER GENERAL.—Not 

9 later than 5 years after the date of enactment of this Act, 

10 the Comptroller General of the United States shall submit 

11 to Congress a report on the use by executive agencies of the 

12 authorities provided by this Act and amendments made by 

13 this Act. 

14 SEC. 202. CONSIDERATION OF LIFE-CYCLE COST REQUIRED. 

15 (a) IN GENERAL.—Section 3305 of title 40, United 

16 States Code, is amended by adding at the end the following: 

17 ‘‘(d) CONSIDERATION OF LIFE-CYCLE COST RE18 QUIRED.— 

19 ‘‘(1) DEFINITIONS.—In this subsection: 

20 ‘‘(A) LIFE-CYCLE COST.—The term ‘life21 cycle cost’ means the sum of the following costs, 

22 as estimated for the lifetime of a building: 

23 ‘‘(i) Investment costs. 

24 ‘‘(ii) Capital costs. 

25 ‘‘(iii) Installation costs. 


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1 ‘‘(iv) Energy costs. 

2 ‘‘(v) Operating costs. 

3 ‘‘(vi) Maintenance costs. 

4 ‘‘(vii) Replacement costs. 

5 ‘‘(B) LIFETIME OF A BUILDING.—The term 

6 ‘lifetime of a real property asset’ means, with re7 spect to an asset, the greater of— 

8 ‘‘(i) the period of time during which 

9 the asset is projected to be used; or 

10 ‘‘(ii) 50 years. 

11 ‘‘(2) REQUIREMENT.—The Council shall ensure 

12 that the life-cycle cost of a real property asset is con13 sidered in the construction or lease of a real property 

14 asset described in paragraph (3). 

15 ‘‘(3) FEDERAL PUBLIC BUILDINGS SUBJECT TO

16 REQUIREMENT.—A real property asset shall be subject 

17 to the requirement under paragraph (2) if— 

18 ‘‘(A) construction or lease of the asset begins 

19 after the date on which the Council is estab20 lished; 

21 ‘‘(B) the estimated construction costs of the 

22 asset exceed $1,000,000; 

23 ‘‘(C) in the case of a lease, the square foot24 age of the asset is more than 25,000 square feet; 

25 and 


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•S 2178 RS

1 ‘‘(D) Federal funding comprises more than 

2 50 percent of the funding for the estimated con3 struction or lease costs of the asset.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

5 table of sections for chapter 5 of subtitle I of title 40, United 

6 States Code, is amended by inserting after the item relating 

7 to section 611 the following: 

‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF REAL PROPERTY

‘‘621. Definitions. 

‘‘622. Duties of Federal agencies. 

‘‘623. Establishment of a Federal Real Property Council. 

‘‘624. Database. 

‘‘625. Limitation on certain leasing authorities. 

‘‘626. Expedited disposal program. 

‘‘627. Homeless assistance grants.’’. 


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Calendar No. 555 

112TH CONGRESS 

2D SESSION S. 2178 

[Report No. 112–241] 

A BILL 

To require the Federal Government to expedite the 

sale of underutilized Federal real property. 

NOVEMBER 27, 2012 

Reported with an amendment 


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