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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1382 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1382

To require the Federal Government to expedite the sale of underutilized 
                         Federal real property.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2013

Mr. Carper (for himself, Mr. Coburn, Mr. Pryor, Mr. Begich, Mr. Tester, 
 and Mr. Portman) introduced the following bill; which was read twice 
     and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
To require the Federal Government to expedite the sale of underutilized 
                         Federal real property.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Real Property Asset 
Management Reform Act of 2013''.

SEC. 2. PURPOSE.

    The purpose of this Act is to increase the efficiency and 
effectiveness of the Federal Government in managing real property by--
            (1) requiring agencies to maintain an up-to-date inventory 
        of real property;
            (2) establishing a Federal Real Property Council to develop 
        guidance on and ensure the implementation of strategies for 
        better managing Federal real property; and
            (3) authorizing a pilot program to expedite the disposal of 
        surplus real property.

SEC. 3. PROPERTY MANAGEMENT AND EXPEDITED DISPOSAL OF REAL PROPERTY.

    Chapter 5 of subtitle I of title 40, United States Code, is amended 
by adding at the end the following:

 ``SUBCHAPTER VII--PROPERTY MANAGEMENT AND EXPEDITED DISPOSAL OF REAL 
                                PROPERTY

``Sec. 621. Definitions
    ``In this subchapter:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of General Services.
            ``(2) Council.--The term `Council' means the Federal Real 
        Property Council established by section 623(a).
            ``(3) Director.--The term `Director' means the Director of 
        the Office of Management and Budget.
            ``(4) Disposal.--The term `disposal' means any action that 
        constitutes the removal of any real property from the Federal 
        inventory, including sale, deed, demolition, or exchange.
            ``(5) Excess property.--The term `excess property' means 
        any real property under the control of a Federal agency that 
        the head of the Federal agency determines is not required to 
        meet the needs or responsibilities of the Federal agency.
            ``(6) Federal agency.--The term `Federal agency' means--
                    ``(A) an executive department or independent 
                establishment in the executive branch of the 
                Government; or
                    ``(B) a wholly owned Government corporation.
            ``(7) Field office.--The term `field office' means any 
        office of a Federal agency that is not the headquarters office 
        location for the Federal agency.
            ``(8) Real property.--
                    ``(A) In general.--The term `real property' means 
                any Federal real property asset.
                    ``(B) Inclusions.--The term `real property' 
                includes--
                            ``(i) public buildings; and
                            ``(ii) occupied and improved grounds, 
                        leased space, or other physical structures 
                        under the custody and control of any Federal 
                        agency.
                    ``(C) Exclusions.--The term `real property' does 
                not include--
                            ``(i) any military installation (as defined 
                        in section 2910 of the Defense Base Closure and 
                        Realignment Act of 1990 (10 U.S.C. 2687 note; 
                        Public Law 101-510));
                            ``(ii) any property that is excepted from 
                        the definition of the term `property' under 
                        section 102;
                            ``(iii) Indian and native Eskimo property 
                        held in trust by the Federal Government as 
                        described in section 3301(a)(5)(C)(iii);
                            ``(iv) real property operated and 
                        maintained by the Tennessee Valley Authority 
                        pursuant to the Tennessee Valley Authority Act 
                        of 1933 (16 U.S.C. 831 et seq.);
                            ``(v) any real property the Director 
                        excludes for reasons of national security;
                            ``(vi) any public lands (as defined in 
                        section 203 of the Public Lands Corps Act of 
                        1993 (16 U.S.C. 1722)) administered by--
                                    ``(I) the Secretary of the 
                                Interior, acting through--
                                            ``(aa) the Director of the 
                                        Bureau of Land Management;
                                            ``(bb) the Director of the 
                                        National Park Service;
                                            ``(cc) the Commissioner of 
                                        Reclamation; or
                                            ``(dd) the Director of the 
                                        United States Fish and Wildlife 
                                        Service; or
                                    ``(II) the Secretary of 
                                Agriculture, acting through the Chief 
                                of the Forest Service; or
                            ``(vii) any property operated and 
                        maintained by the United States Postal Service.
            ``(9) Surplus property.--The term `surplus property' means 
        excess real property that is not required to meet the needs or 
        responsibilities of any Federal agency.
            ``(10) Underutilized property.--The term `underutilized 
        property' means a portion or the entirety of any real property, 
        including any improvements, that is used--
                    ``(A) irregularly or intermittently by the 
                accountable Federal agency for program purposes of the 
                Federal agency; or
                    ``(B) for program purposes that can be satisfied 
                only with a portion of the property.
``Sec. 622. Duties of Federal agencies
    ``Each Federal agency shall--
            ``(1) maintain adequate inventory controls and 
        accountability systems for real property under the control of 
        the Federal agency;
            ``(2) develop current and future workforce projections so 
        as to have the capacity to assess the needs of the Federal 
        workforce regarding the use of real property;
            ``(3) continuously survey real property under the control 
        of the Federal agency to identify excess property, 
        underutilized property, and other real property suitable to be 
        used for--
                    ``(A) colocation with other Federal agencies; or
                    ``(B) consolidation with other facilities;
            ``(4) promptly report excess property and underutilized 
        property to the Administrator;
            ``(5) establish goals that will lead the Federal agency to 
        reduce excess property and underutilized property in the 
        inventory of the Federal agency;
            ``(6) submit to the Council a report on all excess property 
        and underutilized property in the inventory of the Federal 
        agency, including--
                    ``(A) whether underutilized property can be better 
                utilized; and
                    ``(B) the extent to which the Federal agency 
                believes that the underutilized property serves the 
                needs of the Federal agency to retain underutilized 
                property;
            ``(7) adopt workplace practices, configurations, and 
        management techniques that can achieve increased levels of 
        productivity and decrease the need for real property assets;
            ``(8) assess leased space to identify space that is not 
        fully used or occupied;
            ``(9) on an annual basis and subject to the guidance of the 
        Council--
                    ``(A) conduct an inventory of real property under 
                control of the Federal agency; and
                    ``(B) make an assessment of each real property, 
                which shall include--
                            ``(i) the age and condition of the 
                        property;
                            ``(ii) the size of the property in square 
                        footage and acreage;
                            ``(iii) the geographical location of the 
                        property, including an address and description;
                            ``(iv) the extent to which the property is 
                        being utilized;
                            ``(v) the actual annual operating costs 
                        associated with the property;
                            ``(vi) the total cost of capital 
                        expenditures associated with the property;
                            ``(vii) sustainability metrics associated 
                        with the property;
                            ``(viii) the number of Federal employees 
                        and functions housed at the property;
                            ``(ix) the extent to which the mission of 
                        the Federal agency is dependent on the 
                        property;
                            ``(x) the estimated amount of capital 
                        expenditures projected to maintain and operate 
                        the property over each of the next 5 years 
                        after the date of enactment of this subchapter; 
                        and
                            ``(xi) any additional information required 
                        by the Administrator to carry out section 624; 
                        and
            ``(10) provide to the Council and the Administrator the 
        information described in paragraph (9)(B) to be used for the 
        establishment and maintenance of the database described in 
        section 624.
``Sec. 623. Establishment of a Federal Real Property Council
    ``(a) Establishment.--There is established a Federal Real Property 
Council.
    ``(b) Purpose.--The purpose of the Council shall be--
            ``(1) to develop guidance and ensure implementation of an 
        efficient and effective real property management strategy;
            ``(2) to identify opportunities for the Federal Government 
        to better manage real property assets; and
            ``(3) to reduce the costs of managing real property, 
        including operations, maintenance, and security.
    ``(c) Composition.--
            ``(1) In general.--The Council shall be composed 
        exclusively of--
                    ``(A) the senior real property officers of each 
                Federal agency;
                    ``(B) the Deputy Director for Management of the 
                Office of Management and Budget;
                    ``(C) the Controller of the Office of Management 
                and Budget;
                    ``(D) the Administrator; and
                    ``(E) any other full-time or permanent part-time 
                Federal officials or employees, as the Chairperson 
                determines to be necessary.
            ``(2) Chairperson.--The Deputy Director for Management of 
        the Office of Management and Budget shall serve as Chairperson 
        of the Council.
            ``(3) Executive director.--
                    ``(A) In general.--The Chairperson shall designate 
                an Executive Director to assist in carrying out the 
                duties of the Council.
                    ``(B) Qualifications; full-time.--The Executive 
                Director shall--
                            ``(i) be appointed from among individuals 
                        who have substantial experience in the areas of 
                        commercial real estate and development, real 
                        property management, and Federal operations and 
                        management; and
                            ``(ii) serve full time.
    ``(d) Meetings.--
            ``(1) In general.--The Council shall meet subject to the 
        call of the Chairperson.
            ``(2) Minimum.--The Council shall meet not fewer than 4 
        times each year.
    ``(e) Duties.--The Council, in consultation with the Director and 
the Administrator, shall--
            ``(1) not later than 1 year after the date of enactment of 
        this subchapter, establish a real property management plan 
        template, to be updated annually, which shall include 
        performance measures, specific milestones, measurable savings, 
        strategies, and government-wide goals based on the goals 
        established under section 622(5) to reduce surplus property or 
        to achieve better utilization of underutilized property, and 
        evaluation criteria to determine the effectiveness of real 
        property management that are designed--
                    ``(A) to enable Congress and heads of Federal 
                agencies to track progress in the achievement of real 
                property management objectives on a government-wide 
                basis;
                    ``(B) to improve the management of real property; 
                and
                    ``(C) to allow for comparison of the performance of 
                Federal agencies against industry and other public 
                sector agencies in terms of performance;
            ``(2) develop standard use rates consistent throughout each 
        category of space and with nongovernmental space use rates;
            ``(3) develop a strategy to reduce the reliance of Federal 
        agencies on leased space for long-term needs if ownership would 
        be less costly;
            ``(4) provide guidance on eliminating inefficiencies in the 
        Federal leasing process;
            ``(5) compile a list of real property assets that are field 
        offices that are suitable for colocation with other real 
        property assets; and
            ``(6) not later than 1 year after the date of enactment of 
        this subchapter and annually during the 4-year period beginning 
        on the date that is 1 year after the date of enactment of this 
        subchapter and ending on the date that is 5 years after the 
        date of enactment of this subchapter, the Council shall submit 
        to the Director a report that contains--
                    ``(A) a list of the remaining excess property, 
                surplus property, and underutilized properties of each 
                Federal agency;
                    ``(B) the progress of the Council toward developing 
                guidance for Federal agencies to ensure that the 
                assessment required under section 622(9)(B) is carried 
                out in a uniform manner; and
                    ``(C) the progress of Federal agencies toward 
                achieving the goals established under section 622(5).
    ``(f) Consultation.--In carrying out the duties described in 
subsection (e), the Council shall also consult with representatives 
of--
            ``(1) State, local, tribal authorities, and affected 
        communities; and
            ``(2) appropriate private sector entities and 
        nongovernmental organizations that have expertise in areas of--
                    ``(A) commercial real estate and development;
                    ``(B) government management and operations;
                    ``(C) space planning;
                    ``(D) community development, including 
                transportation and planning; and
                    ``(E) historic preservation.
    ``(g) Council Resources.--The Director and the Administrator shall 
provide staffing, and administrative support for the Council, as 
appropriate.
``Sec. 624. Federal real property inventory and database
    ``(a) In General.--Not later than 1 year after the date of 
enactment of this subchapter, the Administrator shall establish and 
maintain a single, comprehensive, and descriptive database of all real 
property under the custody and control of all Federal agencies.
    ``(b) Contents.--The database shall include--
            ``(1) information provided to the Administrator under 
        section 622(9)(B); and
            ``(2) a list of real property disposals completed, 
        including--
                    ``(A) the date and disposal method used for each 
                real property;
                    ``(B) the proceeds obtained from the disposal of 
                each real property;
                    ``(C) the amount of time required to dispose of the 
                real property, including the date on which the real 
                property is designated as excess property;
                    ``(D) the date on which the property is designated 
                as surplus property and the date on which the property 
                is disposed; and
                    ``(E) all costs associated with the disposal.
    ``(c) Accessibility.--
            ``(1) Committees.--The database established under 
        subsection (a) shall be made available on request to the 
        Committee on Homeland Security and Governmental Affairs and the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Oversight and Government Reform and the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives.
            ``(2) General public.--Not later than 3 years after the 
        date of enactment of this subchapter and to the extent 
        consistent with national security, the Administrator shall make 
        the database established under subsection (a) accessible to the 
        public at no cost through the website of the General Services 
        Administration.
``Sec. 625. Limitation on certain leasing authorities
    ``(a) In General.--Except as provided in subsection (b), not later 
than December 31 of each year following the date of enactment of this 
subchapter, a Federal agency with independent leasing authority shall 
submit to the Council a list of all leases, including operating leases, 
in effect on the date of enactment of this subchapter that includes--
            ``(1) the date on which each lease was executed;
            ``(2) the date on which each lease will expire;
            ``(3) a description of the size of the space;
            ``(4) the location of the property;
            ``(5) the tenant agency;
            ``(6) the total annual rental rate; and
            ``(7) the amount of the net present value of the total 
        estimated legal obligations of the Federal Government over the 
        life of the contract.
    ``(b) Exception.--Subsection (a) shall not apply to--
            ``(1) the United States Postal Service;
            ``(2) the Department of Veterans Affairs; or
            ``(3) any other property the President excludes from 
        subsection (a) for reasons of national security.
``Sec. 626. Expedited disposal pilot program
    ``(a) Establishment.--The Director shall establish a pilot program 
to dispose of, by sale, transfer, or other means of disposal, any 
surplus property.
            ``(1) Properties for expedited disposal.--
                    ``(A) In general.--On an annual basis, the Director 
                may authorize the expedited disposal of not more than 
                200 surplus properties.
                    ``(B) Priority.--In determining which properties to 
                dispose of, the Director shall give priority to surplus 
                properties that have the highest fair market value and 
                the greatest potential for disposal.
                    ``(C) Costs associated with disposal.--
                            ``(i) In general.--The Administrator may 
                        obligate an amount to pay any direct and 
                        indirect costs under section 572 related to 
                        identifying and preparing properties to be 
                        reported as excess property by a Federal 
                        agency.
                            ``(ii) Reimbursement.--An amount obligated 
                        under clause (i) shall be paid from the 
                        proceeds of any sale of real property under 
                        this subsection.
                            ``(iii) Net proceeds.--Net proceeds shall 
                        be distributed under subsection (b).
                    ``(D) Maximum net proceeds.--Any real property 
                authorized to be disposed of by sale of under 
                subparagraph (A) shall disposed of in a manner that, as 
                determined by the Administrator in consultation with 
                the head of the applicable Federal agency, is 
                structured and marketed to maximize the value to the 
                Federal Government.
                    ``(E) Monetary proceeds requirement.--Surplus 
                property may be disposed of under this section only if 
                disposal of the property will generate monetary 
                proceeds to the Federal Government that--
                            ``(i) exceed the costs of disposal of the 
                        property; and
                            ``(ii) are not less than 90 percent of fair 
                        market value.
            ``(2) Applicability of certain law.--Any expedited disposal 
        of real property conducted under this section shall not be 
        subject to--
                    ``(A) any section of An Act Authorizing the 
                Transfer of Certain Real Property for Wildlife, or 
                other Purposes (16 U.S.C. 667b);
                    ``(B) sections 107 and 317 of title 23;
                    ``(C) sections 545(b)(8), 550, 553, 554, and 
                1304(b);
                    ``(D) section 501 of the McKinney-Vento Homeless 
                Assistance Act (42 U.S.C. 11411);
                    ``(E) section 47151 of title 49; or
                    ``(F) section 13(d) of the Surplus Property Act of 
                1944 (50 U.S.C. App. 1622(d)).
            ``(3) Effect.--Except as provided in paragraph (2), nothing 
        in this subchapter terminates or in any way limits the 
        authority of any Federal agency under any other provision of 
        law to dispose of real property.
    ``(b) Use of Proceeds.--
            ``(1) In general.--Of the proceeds received from the 
        disposal of any real property under this subchapter--
                    ``(A) not less than 80 percent shall be returned to 
                the general fund of the Treasury for debt reduction;
                    ``(B) the lesser of 18 percent or the share of 
                proceeds otherwise authorized to be retained under law 
                shall be retained by the Federal agency that has 
                custody and is accountable for the real property, 
                subject to paragraph (2);
                    ``(C) not greater than 2 percent shall be made 
                available to carry out section 627, subject to annual 
                appropriations; and
                    ``(D) any remaining share of the proceeds shall be 
                returned to the general fund of the Treasury for 
                Federal budget deficit reduction.
            ``(2) Limitation on use of proceeds.--Any proceeds retained 
        by Federal agencies under this section shall be--
                    ``(A) deposited into the appropriate real property 
                account of the Federal agency that had custody and 
                accountability for the real property, with the funds 
                expended only as authorized in annual appropriations 
                Acts;
                    ``(B) used--
                            ``(i) by not later than 2 years after the 
                        date of disposal of the real property; and
                            ``(ii) only for activities relating to 
                        Federal real property asset management and 
                        disposal; and
                    ``(C) if not used by the date described in 
                subparagraph (B)(i), shall be deposited in the Treasury 
                and used for Federal budget deficit reduction.
    ``(c) Public Benefit.--
            ``(1) Conveyance.--Except as provided in paragraph (2), if 
        a real property authorized to be disposed of under subsection 
        (a) has not been disposed of by the date that is 2 years after 
        the date the property is listed for sale, the Director, in 
        consultation with the Administrator and the Secretary of 
        Housing and Urban Development, may consider a request from the 
        disposing Federal agency that the real property be conveyed to 
        State and local governments or nonprofit organizations for 
        various public purposes or uses as permitted by applicable law.
            ``(2) Predominant use and size standards.--
                    ``(A) In general.--Any real property authorized to 
                be disposed of under subsection (a) shall not be 
                conveyed under paragraph (1) if--
                            ``(i) the predominant use of the property 
                        is not for housing; and
                            ``(ii)(I) the area of the property is not 
                        less than 25,000 square feet; or
                            ``(II) the appraised fair market value of 
                        the property is greater than $1,000,000.
                    ``(B) Appraised fair market value.--The appraised 
                fair market value described in subparagraph (A)(ii)(II) 
                shall be determined by the Federal agency with custody 
                or control of the property, in consultation with the 
                Administrator and standard appraisal practice.
    ``(d) Enforcement.--
            ``(1) Increase in size of inventory.--Except as provided in 
        paragraph (2), if a Federal agency fails to make available for 
        public sale the real property authorized to be disposed of 
        under subsection (a) by the date that is 18 months after the 
        date on which the authorization is made under subsection (a), 
        that Federal agency, except for specific exceptions promulgated 
        by the Director, shall not increase the size of the civilian 
        real property inventory, unless the square footage of the 
        increase is offset, within an appropriate time as determined by 
        the Director, through consolidation, colocation, or disposal of 
        another building space from the inventory of that Federal 
        agency.
            ``(2) Exception.--Paragraph (1) shall not apply to a 
        Federal agency that acquires any real property not under the 
        administrative jurisdiction of the Federal Government, by sale 
        or lease, until the Director submits a certification to 
        Congress of the disposal of all of those surplus properties.
    ``(e) Termination of Authority.--The authority provided by this 
section terminates on the date that is 5 years after the date of 
enactment of this subchapter.
``Sec. 627. Homeless assistance grants
    ``(a) Definitions.--In this section:
            ``(1) Eligible nonprofit organization.--The term `eligible 
        nonprofit organization' means a nonprofit organization that is 
        a representative of the homeless.
            ``(2) Homeless.--The term `homeless' has the meaning given 
        the term in section 103 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11302), except that subsection (c) of 
        that section shall not apply.
            ``(3) Permanent housing.--The term `permanent housing' has 
        the meaning given the term section 401 of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11360).
            ``(4) Private nonprofit organization.--The term `private 
        nonprofit organization' has the meaning given the term in 
        section 401 of the McKinney-Vento Homeless Assistance Act (42 
        U.S.C. 11360).
            ``(5) Representative of the homeless.--The term 
        `representative of the homeless' has the meaning given the term 
        in section 501(i) of the McKinney-Vento Homeless Assistance Act 
        (42 U.S.C. 11411(i)).
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Housing and Urban Development.
            ``(7) Transitional housing.--The term `transitional 
        housing' has the meaning given the term in section 401 of the 
        McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360).
    ``(b) Grant Authority.--
            ``(1) In general.--To the extent amounts are made available 
        under section 626(b)(1)(B) for use under this section, the 
        Secretary shall make grants to eligible private nonprofit 
        organizations through the continuum of care program established 
        under subtitle C of title IV of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11381 et seq.), to purchase real 
        property suitable for use to assist the homeless in accordance 
        with subsection (c).
            ``(2) Terms and conditions.--Except as otherwise provided 
        in this section, a grant under this section shall be subject to 
        the same terms and conditions as a grant under the continuum of 
        care program established under subtitle C of title IV of the 
        McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et 
        seq.).
    ``(c) Use of Properties for Housing or Shelter for the Homeless.--
            ``(1) Eligible uses.--An eligible private nonprofit 
        organization that receives a grant under subsection (b) shall 
        use the amounts received only to purchase or rehabilitate real 
        property for use to provide permanent housing, transitional 
        housing, or temporary shelter to the homeless.
            ``(2) Term of use.--The Secretary may not make a grant 
        under subsection (b) to an eligible private nonprofit 
        organization unless the eligible private nonprofit organization 
        provides to the Secretary such assurances as the Secretary 
        determines necessary to ensure that any real property purchased 
        or rehabilitated using amounts received under the grant is used 
        only for the uses described in paragraph (1) for a period of 
        not less than 15 years.
    ``(d) Preference.--In awarding grants under subsection (b), the 
Secretary shall give preference to eligible private nonprofit 
organizations that operate within areas in which Federal real property 
is being sold under the disposal program authorized under section 626.
    ``(e) Regulations.--The Secretary may promulgate such regulations 
as are necessary to carry out this section.''.

SEC. 4. REPORT OF THE COMPTROLLER GENERAL.

    (a) Draft.--Not later than 3 years after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
Congress a draft report on the expedited disposal pilot program 
established by the amendments made by section 3.
    (b) Final.--Not later than 5 years after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
Congress a final report on the expedited disposal pilot program 
established by the amendments made by section 3.

SEC. 5. TECHNICAL AND CONFORMING AMENDMENT.

    The table of sections for chapter 5 of subtitle I of title 40, 
United States Code, is amended by inserting after the item relating to 
section 611 the following:

  ``subchapter vii--property management and expedited disposal of real 
                                property

``621. Definitions.
``622. Duties of Federal agencies.
``623. Establishment of a Federal Real Property Council.
``624. Federal real property inventory and database.
``625. Limitation on certain leasing authorities.
``626. Expedited disposal pilot program.
``627. Homeless assistance grants.''.
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