II 

Calendar No. 249 

113TH CONGRESS 

1ST SESSION S. 1398 

[Report No. 113–122] 

To require the Federal Government to expedite the sale of underutilized 

Federal real property. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2013 

Mr. CARPER (for himself, Mr. COBURN, Mr. PRYOR, Mr. BEGICH, Mr. 

PORTMAN, Mr. TESTER, and Ms. AYOTTE) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

NOVEMBER 19, 2013 

Reported by Mr. CARPER, without amendment 

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 2013’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to increase the efficiency 

3 and effectiveness of the Federal Government in managing 

4 real property by— 

5 (1) requiring agencies to maintain an up-to6 date inventory of real property; 

7 (2) establishing a Federal Real Property Coun8 cil to develop guidance on and ensure the implemen9 tation of strategies for better managing Federal real 

10 property; and 

11 (3) authorizing a pilot program to expedite the 

12 disposal of surplus real property. 

13 SEC. 3. PROPERTY MANAGEMENT AND EXPEDITED DIS14 POSAL OF REAL PROPERTY. 

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

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

17 ‘‘SUBCHAPTER VII—PROPERTY MANAGEMENT 

18 AND EXPEDITED DISPOSAL OF REAL PROP19 ERTY 

20 ‘‘§ 621. Definitions 

21 ‘‘In this subchapter: 

22 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis23 trator’ means the Administrator of General Services. 

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

25 Federal Real Property Council established by section 

26 623(a). 


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

2 the Director of the Office of Management and Budg3 et. 

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

5 any action that constitutes the removal of any real 

6 property from the Federal inventory, including sale, 

7 deed, demolition, or exchange. 

8 ‘‘(5) EXCESS PROPERTY.—The term ‘excess 

9 property’ means any real property under the control 

10 of a Federal agency that the head of the Federal 

11 agency determines is not required to meet the needs 

12 or responsibilities of the Federal agency. 

13 ‘‘(6) FEDERAL AGENCY.—The term ‘Federal 

14 agency’ means— 

15 ‘‘(A) an executive department or inde16 pendent establishment in the executive branch 

17 of the Government; or 

18 ‘‘(B) a wholly owned Government corpora19 tion. 

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

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

22 headquarters office location for the Federal agency. 

23 ‘‘(8) POSTAL PROPERTY.—The term ‘postal 

24 property’ means any building owned by the United 

25 States Postal Service. 


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1 ‘‘(9) SURPLUS PROPERTY.— 

2 ‘‘(A) IN GENERAL.—The term ‘surplus 

3 property’ means excess real property that is not 

4 required to meet the needs or responsibilities of 

5 any Federal agency. 

6 ‘‘(B) EXCLUSIONS.—The term ‘surplus 

7 property’ does not include— 

8 ‘‘(i) any military installation (as de9 fined in section 2910 of the Defense Base 

10 Closure and Realignment Act of 1990 (10 

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

12 ‘‘(ii) any property that is excepted 

13 from the definition of the term ‘property’ 

14 under section 102; 

15 ‘‘(iii) Indian and native Eskimo prop16 erty held in trust by the Federal Govern17 ment as described in section 

18 3301(a)(5)(C)(iii); 

19 ‘‘(iv) real property operated and main20 tained by the Tennessee Valley Authority 

21 pursuant to the Tennessee Valley Author22 ity Act of 1933 (16 U.S.C. 831 et seq.); 

23 ‘‘(v) any real property the Director 

24 excludes for reasons of national security; 


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1 ‘‘(vi) any public lands (as defined in 

2 section 203 of the Public Lands Corps Act 

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

4 by— 

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

6 acting through— 

7 ‘‘(aa) the Director of the 

8 Bureau of Land Management; 

9 ‘‘(bb) the Director of the 

10 National Park Service; 

11 ‘‘(cc) the Commissioner of 

12 Reclamation; or 

13 ‘‘(dd) the Director of the 

14 United States Fish and Wildlife 

15 Service; or 

16 ‘‘(II) the Secretary of Agri17 culture, acting through the Chief of 

18 the Forest Service; or 

19 ‘‘(vii) any property operated and 

20 maintained by the United States Postal 

21 Service. 

22 ‘‘(10) UNDERUTILIZED PROPERTY.—The term 

23 ‘underutilized property’ means a portion or the en24 tirety of any real property, including any improve25 ments, that is used— 


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1 ‘‘(A) irregularly or intermittently by the 

2 accountable Federal agency for program pur3 poses of the Federal agency; or 

4 ‘‘(B) for program purposes that can be 

5 satisfied only with a portion of the property. 

6 ‘‘§ 622. Duties of Federal agencies 

7 ‘‘Each Federal agency shall— 

8 ‘‘(1) maintain adequate inventory controls and 

9 accountability systems for real property under the 

10 control of the Federal agency; 

11 ‘‘(2) develop current and future workforce pro12 jections so as to have the capacity to assess the 

13 needs of the Federal workforce regarding the use of 

14 real property; 

15 ‘‘(3) continuously survey real property under 

16 the control of the Federal agency to identify excess 

17 property, underutilized property, and other real 

18 property suitable to be used for— 

19 ‘‘(A) colocation with other Federal agen20 cies; or 

21 ‘‘(B) consolidation with other facilities; 

22 ‘‘(4) promptly report excess property and un23 derutilized property to the Administrator; 


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1 ‘‘(5) establish goals that will lead the Federal 

2 agency to reduce excess property and underutilized 

3 property in the inventory of the Federal agency; 

4 ‘‘(6) submit to the Council a report on all ex5 cess property and underutilized property in the in6 ventory of the Federal agency, including— 

7 ‘‘(A) whether underutilized property can be 

8 better utilized; and 

9 ‘‘(B) the extent to which the Federal agen10 cy believes that the underutilized property 

11 serves the needs of the Federal agency to retain 

12 underutilized property; 

13 ‘‘(7) adopt workplace practices, configurations, 

14 and management techniques that can achieve in15 creased levels of productivity and decrease the need 

16 for real property assets; 

17 ‘‘(8) assess leased space to identify space that 

18 is not fully used or occupied; 

19 ‘‘(9) on an annual basis and subject to the 

20 guidance of the Council— 

21 ‘‘(A) conduct an inventory of real property 

22 under control of the Federal agency; and 

23 ‘‘(B) make an assessment of each real 

24 property, which shall include— 


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1 ‘‘(i) the age and condition of the prop2 erty; 

3 ‘‘(ii) the size of the property in square 

4 footage and acreage; 

5 ‘‘(iii) the geographical location of the 

6 property, including an address and descrip7 tion; 

8 ‘‘(iv) the extent to which the property 

9 is being utilized; 

10 ‘‘(v) the actual annual operating costs 

11 associated with the property; 

12 ‘‘(vi) the total cost of capital expendi13 tures associated with the property; 

14 ‘‘(vii) sustainability metrics associated 

15 with the property; 

16 ‘‘(viii) the number of Federal employ17 ees and functions housed at the property; 

18 ‘‘(ix) the extent to which the mission 

19 of the Federal agency is dependent on the 

20 property; 

21 ‘‘(x) the estimated amount of capital 

22 expenditures projected to maintain and op23 erate the property over each of the next 5 

24 years after the date of enactment of this 

25 subchapter; and 


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1 ‘‘(xi) any additional information re2 quired by the Administrator to carry out 

3 section 624; and 

4 ‘‘(10) provide to the Council and the Adminis5 trator the information described in paragraph (9)(B) 

6 to be used for the establishment and maintenance of 

7 the database described in section 624. 

8 ‘‘§ 623. Colocation among United States Postal Serv9 ice properties 

10 ‘‘(a) IDENTIFICATION OF POSTAL PROPERTY.—Each 

11 year, the Postmaster General may— 

12 ‘‘(1) identify a list of postal properties with 

13 space available for use by Federal agencies; and 

14 ‘‘(2) submit the list to the Council. 

15 ‘‘(b) SUBMISSION OF LIST OF POSTAL PROPERTIES

16 TO FEDERAL AGENCIES.— 

17 ‘‘(1) IN GENERAL.—Not later than 30 days 

18 after the completion of a list under subsection (a), 

19 the Council shall provide the list to each Federal 

20 agency. 

21 ‘‘(2) REVIEW BY FEDERAL AGENCIES.—Not 

22 later than 90 days after the receipt of the list sub23 mitted under paragraph (1), each Federal agency 

24 shall— 

25 ‘‘(A) review the list; 


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1 ‘‘(B) identify real property assets under 

2 the control of the Federal agency; and 

3 ‘‘(C) recommend colocations if appropriate. 

4 ‘‘(c) TERMS OF COLOCATION.—On approval of the 

5 recommendations under subsection (b) by the Postmaster 

6 General and the applicable agency head, the Federal agen7 cy or appropriate landholding entity may work with the 

8 Postmaster General to establish appropriate terms of a 

9 lease for each postal property. 

10 ‘‘§ 624. Establishment of a Federal Real Property 

11 Council 

12 ‘‘(a) ESTABLISHMENT.—There is established a Fed13 eral Real Property Council. 

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

15 be— 

16 ‘‘(1) to develop guidance and ensure implemen17 tation of an efficient and effective real property 

18 management strategy; 

19 ‘‘(2) to identify opportunities for the Federal 

20 Government to better manage real property assets; 

21 and 

22 ‘‘(3) to reduce the costs of managing real prop23 erty, including operations, maintenance, and secu24 rity. 

25 ‘‘(c) COMPOSITION.— 


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1 ‘‘(1) IN GENERAL.—The Council shall be com2 posed exclusively of— 

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

4 each Federal agency; 

5 ‘‘(B) the Deputy Director for Management 

6 of the Office of Management and Budget; 

7 ‘‘(C) the Controller of the Office of Man8 agement and Budget; 

9 ‘‘(D) the Administrator; and 

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

11 part-time Federal officials or employees, as the 

12 Chairperson determines to be necessary. 

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

14 Management of the Office of Management and 

15 Budget shall serve as Chairperson of the Council. 

16 ‘‘(3) EXECUTIVE DIRECTOR.— 

17 ‘‘(A) IN GENERAL.—The Chairperson shall 

18 designate an Executive Director to assist in 

19 carrying out the duties of the Council. 

20 ‘‘(B) QUALIFICATIONS; FULL-TIME.—The 

21 Executive Director shall— 

22 ‘‘(i) be appointed from among individ23 uals who have substantial experience in the 

24 areas of commercial real estate and develVerDate Mar 15 2010 23:39 Nov 19, 2013 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1398.RS S1398

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1 opment, real property management, and 

2 Federal operations and management; and 

3 ‘‘(ii) serve full time. 

4 ‘‘(d) MEETINGS.— 

5 ‘‘(1) IN GENERAL.—The Council shall meet 

6 subject to the call of the Chairperson. 

7 ‘‘(2) MINIMUM.—The Council shall meet not 

8 fewer than 4 times each year. 

9 ‘‘(e) DUTIES.—The Council, in consultation with the 

10 Director and the Administrator, shall— 

11 ‘‘(1) not later than 1 year after the date of en12 actment of this subchapter, establish a real property 

13 management plan template, to be updated annually, 

14 which shall include performance measures, specific 

15 milestones, measurable savings, strategies, and gov16 ernment-wide goals based on the goals established 

17 under section 622(5) to reduce surplus property or 

18 to achieve better utilization of underutilized prop19 erty, and evaluation criteria to determine the effec20 tiveness of real property management that are de21 signed— 

22 ‘‘(A) to enable Congress and heads of Fed23 eral agencies to track progress in the achieve24 ment of real property management objectives on 

25 a government-wide basis; 


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1 ‘‘(B) to improve the management of real 

2 property; and 

3 ‘‘(C) to allow for comparison of the per4 formance of Federal agencies against industry 

5 and other public sector agencies in terms of 

6 performance; 

7 ‘‘(2) develop standard use rates consistent 

8 throughout each category of space and with non9 governmental space use rates; 

10 ‘‘(3) develop a strategy to reduce the reliance of 

11 Federal agencies on leased space for long-term needs 

12 if ownership would be less costly; 

13 ‘‘(4) provide guidance on eliminating inefficien14 cies in the Federal leasing process; 

15 ‘‘(5) compile a list of real property assets that 

16 are field offices that are suitable for colocation with 

17 other real property assets; and 

18 ‘‘(6) not later than 1 year after the date of en19 actment of this subchapter and annually during the 

20 4 year period beginning on the date that is 1 year 

21 after the date of enactment of this subchapter and 

22 ending on the date that is 5 years after the date of 

23 enactment of this subchapter, the Council shall sub24 mit to the Director a report that contains— 


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1 ‘‘(A) a list of the remaining excess prop2 erty, surplus property, and underutilized prop3 erties of each Federal agency; 

4 ‘‘(B) the progress of the Council toward 

5 developing guidance for Federal agencies to en6 sure that the assessment required under section 

7 622(9)(B) is carried out in a uniform manner; 

8 and 

9 ‘‘(C) the progress of Federal agencies to10 ward achieving the goals established under sec11 tion 622(5). 

12 ‘‘(f) CONSULTATION.—In carrying out the duties de13 scribed in subsection (e), the Council shall also consult 

14 with representatives of— 

15 ‘‘(1) State, local, tribal authorities, and affected 

16 communities; and 

17 ‘‘(2) appropriate private sector entities and 

18 nongovernmental organizations that have expertise 

19 in areas of— 

20 ‘‘(A) commercial real estate and develop21 ment; 

22 ‘‘(B) government management and oper23 ations; 

24 ‘‘(C) space planning; 


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1 ‘‘(D) community development, including 

2 transportation and planning; and 

3 ‘‘(E) historic preservation. 

4 ‘‘(g) COUNCIL RESOURCES.—The Director and the 

5 Administrator shall provide staffing, and administrative 

6 support for the Council, as appropriate. 

7 ‘‘§ 625. Federal real property inventory and database 

8 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

9 date of enactment of this subchapter, the Administrator 

10 shall establish and maintain a single, comprehensive, and 

11 descriptive database of all real property under the custody 

12 and control of all Federal agencies. 

13 ‘‘(b) CONTENTS.—The database shall include— 

14 ‘‘(1) information provided to the Administrator 

15 under section 622(9)(B); and 

16 ‘‘(2) a list of real property disposals completed, 

17 including— 

18 ‘‘(A) the date and disposal method used 

19 for each real property; 

20 ‘‘(B) the proceeds obtained from the dis21 posal of each real property; 

22 ‘‘(C) the amount of time required to dis23 pose of the real property, including the date on 

24 which the real property is designated as excess 

25 property; 


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1 ‘‘(D) the date on which the property is 

2 designated as surplus property and the date on 

3 which the property is disposed; and 

4 ‘‘(E) all costs associated with the disposal. 

5 ‘‘(c) ACCESSIBILITY.— 

6 ‘‘(1) COMMITTEES.—The database established 

7 under subsection (a) shall be made available on re8 quest to the Committee on Homeland Security and 

9 Governmental Affairs and the Committee on Envi10 ronment and Public Works of the Senate and the 

11 Committee on Oversight and Government Reform 

12 and the Committee on Transportation and Infra13 structure of the House of Representatives. 

14 ‘‘(2) GENERAL PUBLIC.—Not later than 3 years 

15 after the date of enactment of this subchapter and 

16 to the extent consistent with national security, the 

17 Administrator shall make the database established 

18 under subsection (a) accessible to the public at no 

19 cost through the website of the General Services Ad20 ministration. 

21 ‘‘§ 626. Limitation on certain leasing authorities 

22 ‘‘(a) IN GENERAL.—Except as provided in subsection 

23 (b), not later than December 31 of each year following 

24 the date of enactment of this subchapter, a Federal agency 

25 with independent leasing authority shall submit to the 


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1 Council a list of all leases, including operating leases, in 

2 effect on the date of enactment of this subchapter that 

3 includes— 

4 ‘‘(1) the date on which each lease was executed; 

5 ‘‘(2) the date on which ease lease will expire; 

6 ‘‘(3) a description of the size of the space; 

7 ‘‘(4) the location of the property; 

8 ‘‘(5) the tenant agency; 

9 ‘‘(6) the total annual rental rate; and 

10 ‘‘(7) the amount of the net present value of the 

11 total estimated legal obligations of the Federal Gov12 ernment over the life of the contract. 

13 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply 

14 to— 

15 ‘‘(1) the United States Postal Service; 

16 ‘‘(2) the Department of Veterans Affairs; or 

17 ‘‘(3) any other property the President excludes 

18 from subsection (a) for reasons of national security. 

19 ‘‘§ 627. Expedited disposal pilot program 

20 ‘‘(a) ESTABLISHMENT.—The Director shall establish 

21 a pilot program to dispose of, by sale, transfer, or other 

22 means of disposal, any surplus property. 

23 ‘‘(1) PROPERTIES FOR EXPEDITED DISPOSAL.— 


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

2 the Director may authorize the expedited dis3 posal of not more than 200 surplus properties. 

4 ‘‘(B) PRIORITY.—In determining which 

5 properties to dispose of, the Director shall give 

6 priority to surplus properties that have the 

7 highest fair market value and the greatest po8 tential for disposal. 

9 ‘‘(C) COSTS ASSOCIATED WITH DIS10 POSAL.— 

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

12 may obligate an amount to pay any direct 

13 and indirect costs under section 572 re14 lated to identifying and preparing prop15 erties to be reported as excess property by 

16 a Federal agency. 

17 ‘‘(ii) REIMBURSEMENT.—An amount 

18 obligated under clause (i) shall be paid 

19 from the proceeds of any sale of real prop20 erty under this subsection. 

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

22 shall be distributed under subsection (b). 

23 ‘‘(D) MAXIMUM NET PROCEEDS.—Any real 

24 property authorized to be disposed of by sale of 

25 under subparagraph (A) shall disposed of in a 


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1 manner that, as determined by the Adminis2 trator in consultation with the head of the ap3 plicable Federal agency, is structured and mar4 keted to maximize the value to the Federal Gov5 ernment. 

6 ‘‘(E) MONETARY PROCEEDS REQUIRE7 MENT.—Surplus property may be disposed of 

8 under this section only if disposal of the prop9 erty will generate monetary proceeds to the 

10 Federal Government that— 

11 ‘‘(i) exceed the costs of disposal of the 

12 property; and 

13 ‘‘(ii) are not less than 90 percent of 

14 fair market value. 

15 ‘‘(2) APPLICABILITY OF CERTAIN LAW.—Any 

16 expedited disposal of real property conducted under 

17 this section shall not be subject to— 

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

19 Transfer of Certain Real Property for Wildlife, 

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

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

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

23 and 1304(b); 

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

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


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1 ‘‘(E) section 47151 of title 49; or 

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

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

4 ‘‘(3) EFFECT.—Except as provided in para5 graph (2), nothing in this subchapter terminates or 

6 in any way limits the authority of any Federal agen7 cy under any other provision of law to dispose of 

8 real property. 

9 ‘‘(b) USE OF PROCEEDS.— 

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

11 from the disposal of any real property under this 

12 subchapter— 

13 ‘‘(A) not less than 80 percent shall be re14 turned to the general fund of the Treasury for 

15 debt reduction; 

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

17 of proceeds otherwise authorized to be retained 

18 under law shall be retained by the Federal 

19 agency that has custody and is accountable for 

20 the real property, subject to paragraph (2); 

21 ‘‘(C) not greater than 2 percent shall be 

22 made available to carry out section 627, subject 

23 to annual appropriations; and 


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

2 shall be returned to the general fund of the 

3 Treasury for Federal budget deficit reduction. 

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

5 proceeds retained by Federal agencies under this 

6 section shall be— 

7 ‘‘(A) deposited into the appropriate real 

8 property account of the Federal agency that 

9 had custody and accountability for the real 

10 property, with the funds expended only as au11 thorized in annual appropriations Acts; 

12 ‘‘(B) used— 

13 ‘‘(i) by not later than 2 years after 

14 the date of disposal of the real property; 

15 and 

16 ‘‘(ii) only for activities relating to 

17 Federal real property asset management 

18 and disposal; and 

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

20 subparagraph (B)(i), shall be deposited in the 

21 Treasury and used for Federal budget deficit 

22 reduction. 

23 ‘‘(c) PUBLIC BENEFIT.— 

24 ‘‘(1) CONVEYANCE.—Except as provided in 

25 paragraph (2), if a real property authorized to be 


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1 disposed of under subsection (a) has not been dis2 posed of by the date that is 2 years after the date 

3 the property is listed for sale, the Director, in con4 sultation with the Administrator and the Secretary 

5 of Housing and Urban Development, may consider a 

6 request from the disposing Federal agency that the 

7 real property be conveyed to State and local govern8 ments or nonprofit organizations for various public 

9 purposes or uses as permitted by applicable law. 

10 ‘‘(2) PREDOMINANT USE AND SIZE STAND11 ARDS.— 

12 ‘‘(A) IN GENERAL.—Any real property au13 thorized to be disposed of under subsection (a) 

14 shall not be conveyed under paragraph (1) if— 

15 ‘‘(i) the predominant use of the prop16 erty is not for housing; and 

17 ‘‘(ii)(I) the area of the property is not 

18 less than 25,000 square feet; or 

19 ‘‘(II) the appraised fair market value 

20 of the property is greater than $1,000,000. 

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

22 The appraised fair market value described in 

23 subparagraph (A)(ii)(II) shall be determined by 

24 the Federal agency with custody or control of 


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1 the property, in consultation with the Adminis2 trator and standard appraisal practice. 

3 ‘‘(d) ENFORCEMENT.— 

4 ‘‘(1) INCREASE IN SIZE OF INVENTORY.—Ex5 cept as provided in paragraph (2), if a Federal agen6 cy fails to make available for public sale the real 

7 property authorized to be disposed of under sub8 section (a) by the date that is 18 months after the 

9 date on which the authorization is made under sub10 section (a), that Federal agency, except for specific 

11 exceptions promulgated by the Director, shall not in12 crease the size of the civilian real property inventory, 

13 unless the square footage of the increase is offset, 

14 within an appropriate time as determined by the Di15 rector, through consolidation, colocation, or disposal 

16 of another building space from the inventory of that 

17 Federal agency. 

18 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

19 apply to a Federal agency that acquires any real 

20 property not under the administrative jurisdiction of 

21 the Federal Government, by sale or lease, until the 

22 Director submits a certification to Congress of the 

23 disposal of all of those surplus properties. 


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

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

3 years after the date of enactment of this subchapter. 

4 ‘‘§ 628. Homeless assistance grants 

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

6 ‘‘(1) ELIGIBLE NONPROFIT ORGANIZATION.— 

7 The term ‘eligible nonprofit organization’ means a 

8 nonprofit organization that is a representative of the 

9 homeless. 

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

11 meaning given the term in section 103 of the 

12 McKinney-Vento Homeless Assistance Act (42 

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

14 section shall not apply. 

15 ‘‘(3) PERMANENT HOUSING.—The term ‘perma16 nent housing’ has the meaning given the term sec17 tion 401 of the McKinney-Vento Homeless Assist18 ance Act (42 U.S.C. 11360). 

19 ‘‘(4) PRIVATE NONPROFIT ORGANIZATION.— 

20 The term ‘private nonprofit organization’ has the 

21 meaning given the term in section 401 of the 

22 McKinney-Vento Homeless Assistance Act (42 

23 U.S.C. 11360). 

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

25 The term ‘representative of the homeless’ has the 


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

2 McKinney-Vento Homeless Assistance Act (42 

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

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

5 the Secretary of Housing and Urban Development. 

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

7 ‘transitional housing’ has the meaning given the 

8 term in section 401 of the McKinney-Vento Home9 less Assistance Act (42 U.S.C. 11360). 

10 ‘‘(b) GRANT AUTHORITY.— 

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

12 made available under section 626(b)(1)(B) for use 

13 under this section, the Secretary shall make grants 

14 to eligible private nonprofit organizations through 

15 the continuum of care program established under 

16 subtitle C of title IV of the McKinney-Vento Home17 less Assistance Act (42 U.S.C. 11381 et seq.), to 

18 purchase real property suitable for use to assist the 

19 homeless in accordance with subsection (c). 

20 ‘‘(2) TERMS AND CONDITIONS.—Except as oth21 erwise provided in this section, a grant under this 

22 section shall be subject to the same terms and condi23 tions as a grant under the continuum of care pro24 gram established under subtitle C of title IV of the 


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•S 1398 RS

1 McKinney-Vento Homeless Assistance Act (42 

2 U.S.C. 11381 et seq.). 

3 ‘‘(c) USE OF PROPERTIES FOR HOUSING OR SHEL4 TER FOR THE HOMELESS.— 

5 ‘‘(1) ELIGIBLE USES.—An eligible private non6 profit organization that receives a grant under sub7 section (b) shall use the amounts received only to 

8 purchase or rehabilitate real property for use to pro9 vide permanent housing, transitional housing, or 

10 temporary shelter to the homeless. 

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

12 make a grant under subsection (b) to an eligible pri13 vate nonprofit organization unless the eligible pri14 vate nonprofit organization provides to the Secretary 

15 such assurances as the Secretary determines nec16 essary to ensure that any real property purchased or 

17 rehabilitated using amounts received under the grant 

18 is used only for the uses described in paragraph (1) 

19 for a period of not less than 15 years. 

20 ‘‘(d) PREFERENCE.—In awarding grants under sub21 section (b), the Secretary shall give preference to eligible 

22 private nonprofit organizations that operate within areas 

23 in which Federal real property is being sold under the dis24 posal program authorized under section 626. 


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•S 1398 RS

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

2 such regulations as are necessary to carry out this sec3 tion.’’. 

4 SEC. 4. REPORT OF THE COMPTROLLER GENERAL. 

5 (a) DRAFT.—Not later than 3 years after the date 

6 of enactment of this Act, the Comptroller General of the 

7 United States shall submit to Congress a draft report on 

8 the expedited disposal pilot program established by the 

9 amendments made by section 3. 

10 (b) FINAL.—Not later than 5 years after the date 

11 of enactment of this Act, the Comptroller General of the 

12 United States shall submit to Congress a final report on 

13 the expedited disposal pilot program established by the 

14 amendments made by section 3. 

15 SEC. 5. TECHNICAL AND CONFORMING AMENDMENT. 

16 The table of sections for chapter 5 of subtitle I of 

17 title 40, United States Code, is amended by inserting after 

18 the item relating to section 611 the following: 

‘‘SUBCHAPTER VII—PROPERTY MANAGEMENT AND EXPEDITED DISPOSAL OF

REAL PROPERTY

‘‘621. Definitions. 

‘‘622. Duties of Federal agencies. 

‘‘623. Colocation among United States Postal Service properties. 

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

‘‘625. Federal real property inventory and database. 

‘‘626. Limitation on certain leasing authorities. 

‘‘627. Expedited disposal pilot program. 

‘‘628. Homeless assistance grants.’’. 


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Calendar No. 249 

113TH CONGRESS 

1ST SESSION S. 1398 

[Report No. 113–122] 

A BILL 

To require the Federal Government to expedite the 

sale of underutilized Federal real property. 

NOVEMBER 19, 2013 

Reported without amendment 


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