II 

113TH CONGRESS 

1ST SESSION S. 1398 

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 

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’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to increase the efficiency 

8 and effectiveness of the Federal Government in managing 

9 real property by— 


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1 (1) requiring agencies to maintain an up-to2 date inventory of real property; 

3 (2) establishing a Federal Real Property Coun4 cil to develop guidance on and ensure the implemen5 tation of strategies for better managing Federal real 

6 property; and 

7 (3) authorizing a pilot program to expedite the 

8 disposal of surplus real property. 

9 SEC. 3. PROPERTY MANAGEMENT AND EXPEDITED DIS10 POSAL OF REAL PROPERTY. 

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

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

13 ‘‘SUBCHAPTER VII—PROPERTY MANAGEMENT 

14 AND EXPEDITED DISPOSAL OF REAL PROP15 ERTY 

16 ‘‘§ 621. Definitions 

17 ‘‘In this subchapter: 

18 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis19 trator’ means the Administrator of General Services. 

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

21 Federal Real Property Council established by section 

22 623(a). 

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

24 the Director of the Office of Management and Budg25 et. 


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

2 any action that constitutes the removal of any real 

3 property from the Federal inventory, including sale, 

4 deed, demolition, or exchange. 

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

6 property’ means any real property under the control 

7 of a Federal agency that the head of the Federal 

8 agency determines is not required to meet the needs 

9 or responsibilities of the Federal agency. 

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

11 agency’ means— 

12 ‘‘(A) an executive department or inde13 pendent establishment in the executive branch 

14 of the Government; or 

15 ‘‘(B) a wholly owned Government corpora16 tion. 

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

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

19 headquarters office location for the Federal agency. 

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

21 property’ means any building owned by the United 

22 States Postal Service. 

23 ‘‘(9) SURPLUS PROPERTY.— 

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

25 property’ means excess real property that is not 


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1 required to meet the needs or responsibilities of 

2 any Federal agency. 

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

4 property’ does not include— 

5 ‘‘(i) any military installation (as de6 fined in section 2910 of the Defense Base 

7 Closure and Realignment Act of 1990 (10 

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

9 ‘‘(ii) any property that is excepted 

10 from the definition of the term ‘property’ 

11 under section 102; 

12 ‘‘(iii) Indian and native Eskimo prop13 erty held in trust by the Federal Govern14 ment as described in section 

15 3301(a)(5)(C)(iii); 

16 ‘‘(iv) real property operated and main17 tained by the Tennessee Valley Authority 

18 pursuant to the Tennessee Valley Author19 ity Act of 1933 (16 U.S.C. 831 et seq.); 

20 ‘‘(v) any real property the Director 

21 excludes for reasons of national security; 

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

23 section 203 of the Public Lands Corps Act 

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

25 by— 


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

2 acting through— 

3 ‘‘(aa) the Director of the 

4 Bureau of Land Management; 

5 ‘‘(bb) the Director of the 

6 National Park Service; 

7 ‘‘(cc) the Commissioner of 

8 Reclamation; or 

9 ‘‘(dd) the Director of the 

10 United States Fish and Wildlife 

11 Service; or 

12 ‘‘(II) the Secretary of Agri13 culture, acting through the Chief of 

14 the Forest Service; or 

15 ‘‘(vii) any property operated and 

16 maintained by the United States Postal 

17 Service. 

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

19 ‘underutilized property’ means a portion or the en20 tirety of any real property, including any improve21 ments, that is used— 

22 ‘‘(A) irregularly or intermittently by the 

23 accountable Federal agency for program pur24 poses of the Federal agency; or 


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

2 satisfied only with a portion of the property. 

3 ‘‘§ 622. Duties of Federal agencies 

4 ‘‘Each Federal agency shall— 

5 ‘‘(1) maintain adequate inventory controls and 

6 accountability systems for real property under the 

7 control of the Federal agency; 

8 ‘‘(2) develop current and future workforce pro9 jections so as to have the capacity to assess the 

10 needs of the Federal workforce regarding the use of 

11 real property; 

12 ‘‘(3) continuously survey real property under 

13 the control of the Federal agency to identify excess 

14 property, underutilized property, and other real 

15 property suitable to be used for— 

16 ‘‘(A) colocation with other Federal agen17 cies; or 

18 ‘‘(B) consolidation with other facilities; 

19 ‘‘(4) promptly report excess property and un20 derutilized property to the Administrator; 

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

22 agency to reduce excess property and underutilized 

23 property in the inventory of the Federal agency; 


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1 ‘‘(6) submit to the Council a report on all ex2 cess property and underutilized property in the in3 ventory of the Federal agency, including— 

4 ‘‘(A) whether underutilized property can be 

5 better utilized; and 

6 ‘‘(B) the extent to which the Federal agen7 cy believes that the underutilized property 

8 serves the needs of the Federal agency to retain 

9 underutilized property; 

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

11 and management techniques that can achieve in12 creased levels of productivity and decrease the need 

13 for real property assets; 

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

15 is not fully used or occupied; 

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

17 guidance of the Council— 

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

19 under control of the Federal agency; and 

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

21 property, which shall include— 

22 ‘‘(i) the age and condition of the prop23 erty; 

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

25 footage and acreage; 


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1 ‘‘(iii) the geographical location of the 

2 property, including an address and descrip3 tion; 

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

5 is being utilized; 

6 ‘‘(v) the actual annual operating costs 

7 associated with the property; 

8 ‘‘(vi) the total cost of capital expendi9 tures associated with the property; 

10 ‘‘(vii) sustainability metrics associated 

11 with the property; 

12 ‘‘(viii) the number of Federal employ13 ees and functions housed at the property; 

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

15 of the Federal agency is dependent on the 

16 property; 

17 ‘‘(x) the estimated amount of capital 

18 expenditures projected to maintain and op19 erate the property over each of the next 5 

20 years after the date of enactment of this 

21 subchapter; and 

22 ‘‘(xi) any additional information re23 quired by the Administrator to carry out 

24 section 624; and 


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1 ‘‘(10) provide to the Council and the Adminis2 trator the information described in paragraph (9)(B) 

3 to be used for the establishment and maintenance of 

4 the database described in section 624. 

5 ‘‘§ 623. Colocation among United States Postal Serv6 ice properties 

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

8 year, the Postmaster General may— 

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

10 space available for use by Federal agencies; and 

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

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

13 TO FEDERAL AGENCIES.— 

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

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

16 the Council shall provide the list to each Federal 

17 agency. 

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

19 later than 90 days after the receipt of the list sub20 mitted under paragraph (1), each Federal agency 

21 shall— 

22 ‘‘(A) review the list; 

23 ‘‘(B) identify real property assets under 

24 the control of the Federal agency; and 

25 ‘‘(C) recommend colocations if appropriate. 


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

2 recommendations under subsection (b) by the Postmaster 

3 General and the applicable agency head, the Federal agen4 cy or appropriate landholding entity may work with the 

5 Postmaster General to establish appropriate terms of a 

6 lease for each postal property. 

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

8 Council 

9 ‘‘(a) ESTABLISHMENT.—There is established a Fed10 eral Real Property Council. 

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

12 be— 

13 ‘‘(1) to develop guidance and ensure implemen14 tation of an efficient and effective real property 

15 management strategy; 

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

17 Government to better manage real property assets; 

18 and 

19 ‘‘(3) to reduce the costs of managing real prop20 erty, including operations, maintenance, and secu21 rity. 

22 ‘‘(c) COMPOSITION.— 

23 ‘‘(1) IN GENERAL.—The Council shall be com24 posed exclusively of— 


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

2 each Federal agency; 

3 ‘‘(B) the Deputy Director for Management 

4 of the Office of Management and Budget; 

5 ‘‘(C) the Controller of the Office of Man6 agement and Budget; 

7 ‘‘(D) the Administrator; and 

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

9 part-time Federal officials or employees, as the 

10 Chairperson determines to be necessary. 

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

12 Management of the Office of Management and 

13 Budget shall serve as Chairperson of the Council. 

14 ‘‘(3) EXECUTIVE DIRECTOR.— 

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

16 designate an Executive Director to assist in 

17 carrying out the duties of the Council. 

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

19 Executive Director shall— 

20 ‘‘(i) be appointed from among individ21 uals who have substantial experience in the 

22 areas of commercial real estate and devel23 opment, real property management, and 

24 Federal operations and management; and 

25 ‘‘(ii) serve full time. 


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1 ‘‘(d) MEETINGS.— 

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

3 subject to the call of the Chairperson. 

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

5 fewer than 4 times each year. 

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

7 Director and the Administrator, shall— 

8 ‘‘(1) not later than 1 year after the date of en9 actment of this subchapter, establish a real property 

10 management plan template, to be updated annually, 

11 which shall include performance measures, specific 

12 milestones, measurable savings, strategies, and gov13 ernment-wide goals based on the goals established 

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

15 to achieve better utilization of underutilized prop16 erty, and evaluation criteria to determine the effec17 tiveness of real property management that are de18 signed— 

19 ‘‘(A) to enable Congress and heads of Fed20 eral agencies to track progress in the achieve21 ment of real property management objectives on 

22 a government-wide basis; 

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

24 property; and 


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1 ‘‘(C) to allow for comparison of the per2 formance of Federal agencies against industry 

3 and other public sector agencies in terms of 

4 performance; 

5 ‘‘(2) develop standard use rates consistent 

6 throughout each category of space and with non7 governmental space use rates; 

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

9 Federal agencies on leased space for long-term needs 

10 if ownership would be less costly; 

11 ‘‘(4) provide guidance on eliminating inefficien12 cies in the Federal leasing process; 

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

14 are field offices that are suitable for colocation with 

15 other real property assets; and 

16 ‘‘(6) not later than 1 year after the date of en17 actment of this subchapter and annually during the 

18 4-year period beginning on the date that is 1 year 

19 after the date of enactment of this subchapter and 

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

21 enactment of this subchapter, the Council shall sub22 mit to the Director a report that contains— 

23 ‘‘(A) a list of the remaining excess prop24 erty, surplus property, and underutilized prop25 erties of each Federal agency; 


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

2 developing guidance for Federal agencies to en3 sure that the assessment required under section 

4 622(9)(B) is carried out in a uniform manner; 

5 and 

6 ‘‘(C) the progress of Federal agencies to7 ward achieving the goals established under sec8 tion 622(5). 

9 ‘‘(f) CONSULTATION.—In carrying out the duties de10 scribed in subsection (e), the Council shall also consult 

11 with representatives of— 

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

13 communities; and 

14 ‘‘(2) appropriate private sector entities and 

15 nongovernmental organizations that have expertise 

16 in areas of— 

17 ‘‘(A) commercial real estate and develop18 ment; 

19 ‘‘(B) government management and oper20 ations; 

21 ‘‘(C) space planning; 

22 ‘‘(D) community development, including 

23 transportation and planning; and 

24 ‘‘(E) historic preservation. 


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

2 Administrator shall provide staffing, and administrative 

3 support for the Council, as appropriate. 

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

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

6 date of enactment of this subchapter, the Administrator 

7 shall establish and maintain a single, comprehensive, and 

8 descriptive database of all real property under the custody 

9 and control of all Federal agencies. 

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

11 ‘‘(1) information provided to the Administrator 

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

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

14 including— 

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

16 for each real property; 

17 ‘‘(B) the proceeds obtained from the dis18 posal of each real property; 

19 ‘‘(C) the amount of time required to dis20 pose of the real property, including the date on 

21 which the real property is designated as excess 

22 property; 

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

24 designated as surplus property and the date on 

25 which the property is disposed; and 


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

2 ‘‘(c) ACCESSIBILITY.— 

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

4 under subsection (a) shall be made available on re5 quest to the Committee on Homeland Security and 

6 Governmental Affairs and the Committee on Envi7 ronment and Public Works of the Senate and the 

8 Committee on Oversight and Government Reform 

9 and the Committee on Transportation and Infra10 structure of the House of Representatives. 

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

12 after the date of enactment of this subchapter and 

13 to the extent consistent with national security, the 

14 Administrator shall make the database established 

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

16 cost through the website of the General Services Ad17 ministration. 

18 ‘‘§ 626. Limitation on certain leasing authorities 

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

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

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

22 with independent leasing authority shall submit to the 

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

24 effect on the date of enactment of this subchapter that 

25 includes— 


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

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

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

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

5 ‘‘(5) the tenant agency; 

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

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

8 total estimated legal obligations of the Federal Gov9 ernment over the life of the contract. 

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

11 to— 

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

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

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

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

16 ‘‘§ 627. Expedited disposal pilot program 

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

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

19 means of disposal, any surplus property. 

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

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

22 the Director may authorize the expedited dis23 posal of not more than 200 surplus properties. 

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

25 properties to dispose of, the Director shall give 


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1 priority to surplus properties that have the 

2 highest fair market value and the greatest po3 tential for disposal. 

4 ‘‘(C) COSTS ASSOCIATED WITH DIS5 POSAL.— 

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

7 may obligate an amount to pay any direct 

8 and indirect costs under section 572 re9 lated to identifying and preparing prop10 erties to be reported as excess property by 

11 a Federal agency. 

12 ‘‘(ii) REIMBURSEMENT.—An amount 

13 obligated under clause (i) shall be paid 

14 from the proceeds of any sale of real prop15 erty under this subsection. 

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

17 shall be distributed under subsection (b). 

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

19 property authorized to be disposed of by sale of 

20 under subparagraph (A) shall disposed of in a 

21 manner that, as determined by the Adminis22 trator in consultation with the head of the ap23 plicable Federal agency, is structured and mar24 keted to maximize the value to the Federal Gov25 ernment. 


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1 ‘‘(E) MONETARY PROCEEDS REQUIRE2 MENT.—Surplus property may be disposed of 

3 under this section only if disposal of the prop4 erty will generate monetary proceeds to the 

5 Federal Government that— 

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

7 property; and 

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

9 fair market value. 

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

11 expedited disposal of real property conducted under 

12 this section shall not be subject to— 

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

14 Transfer of Certain Real Property for Wildlife, 

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

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

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

18 and 1304(b); 

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

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

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

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

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

24 ‘‘(3) EFFECT.—Except as provided in para25 graph (2), nothing in this subchapter terminates or 


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1 in any way limits the authority of any Federal agen2 cy under any other provision of law to dispose of 

3 real property. 

4 ‘‘(b) USE OF PROCEEDS.— 

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

6 from the disposal of any real property under this 

7 subchapter— 

8 ‘‘(A) not less than 80 percent shall be re9 turned to the general fund of the Treasury for 

10 debt reduction; 

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

12 of proceeds otherwise authorized to be retained 

13 under law shall be retained by the Federal 

14 agency that has custody and is accountable for 

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

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

17 made available to carry out section 627, subject 

18 to annual appropriations; and 

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

20 shall be returned to the general fund of the 

21 Treasury for Federal budget deficit reduction. 

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

23 proceeds retained by Federal agencies under this 

24 section shall be— 


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1 ‘‘(A) deposited into the appropriate real 

2 property account of the Federal agency that 

3 had custody and accountability for the real 

4 property, with the funds expended only as au5 thorized in annual appropriations Acts; 

6 ‘‘(B) used— 

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

8 the date of disposal of the real property; 

9 and 

10 ‘‘(ii) only for activities relating to 

11 Federal real property asset management 

12 and disposal; and 

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

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

15 Treasury and used for Federal budget deficit 

16 reduction. 

17 ‘‘(c) PUBLIC BENEFIT.— 

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

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

20 disposed of under subsection (a) has not been dis21 posed of by the date that is 2 years after the date 

22 the property is listed for sale, the Director, in con23 sultation with the Administrator and the Secretary 

24 of Housing and Urban Development, may consider a 

25 request from the disposing Federal agency that the 


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1 real property be conveyed to State and local govern2 ments or nonprofit organizations for various public 

3 purposes or uses as permitted by applicable law. 

4 ‘‘(2) PREDOMINANT USE AND SIZE STAND5 ARDS.— 

6 ‘‘(A) IN GENERAL.—Any real property au7 thorized to be disposed of under subsection (a) 

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

9 ‘‘(i) the predominant use of the prop10 erty is not for housing; and 

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

12 less than 25,000 square feet; or 

13 ‘‘(II) the appraised fair market value 

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

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

16 The appraised fair market value described in 

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

18 the Federal agency with custody or control of 

19 the property, in consultation with the Adminis20 trator and standard appraisal practice. 

21 ‘‘(d) ENFORCEMENT.— 

22 ‘‘(1) INCREASE IN SIZE OF INVENTORY.—Ex23 cept as provided in paragraph (2), if a Federal agen24 cy fails to make available for public sale the real 

25 property authorized to be disposed of under subVerDate Mar 15 2010 23:38 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S1398.IS S1398

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1 section (a) by the date that is 18 months after the 

2 date on which the authorization is made under sub3 section (a), that Federal agency, except for specific 

4 exceptions promulgated by the Director, shall not in5 crease the size of the civilian real property inventory, 

6 unless the square footage of the increase is offset, 

7 within an appropriate time as determined by the Di8 rector, through consolidation, colocation, or disposal 

9 of another building space from the inventory of that 

10 Federal agency. 

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

12 apply to a Federal agency that acquires any real 

13 property not under the administrative jurisdiction of 

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

15 Director submits a certification to Congress of the 

16 disposal of all of those surplus properties. 

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

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

19 years after the date of enactment of this subchapter. 

20 ‘‘§ 628. Homeless assistance grants 

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

22 ‘‘(1) ELIGIBLE NONPROFIT ORGANIZATION.— 

23 The term ‘eligible nonprofit organization’ means a 

24 nonprofit organization that is a representative of the 

25 homeless. 


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

2 meaning given the term in section 103 of the 

3 McKinney-Vento Homeless Assistance Act (42 

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

5 section shall not apply. 

6 ‘‘(3) PERMANENT HOUSING.—The term ‘perma7 nent housing’ has the meaning given the term in 

8 section 401 of the McKinney-Vento Homeless Assist9 ance Act (42 U.S.C. 11360). 

10 ‘‘(4) PRIVATE NONPROFIT ORGANIZATION.— 

11 The term ‘private nonprofit organization’ has the 

12 meaning given the term in section 401 of the 

13 McKinney-Vento Homeless Assistance Act (42 

14 U.S.C. 11360). 

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

16 The term ‘representative of the homeless’ has the 

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

18 McKinney-Vento Homeless Assistance Act (42 

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

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

21 the Secretary of Housing and Urban Development. 

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

23 ‘transitional housing’ has the meaning given the 

24 term in section 401 of the McKinney-Vento Home25 less Assistance Act (42 U.S.C. 11360). 


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1 ‘‘(b) GRANT AUTHORITY.— 

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

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

4 under this section, the Secretary shall make grants 

5 to eligible private nonprofit organizations through 

6 the continuum of care program established under 

7 subtitle C of title IV of the McKinney-Vento Home8 less Assistance Act (42 U.S.C. 11381 et seq.), to 

9 purchase real property suitable for use to assist the 

10 homeless in accordance with subsection (c). 

11 ‘‘(2) TERMS AND CONDITIONS.—Except as oth12 erwise provided in this section, a grant under this 

13 section shall be subject to the same terms and condi14 tions as a grant under the continuum of care pro15 gram established under subtitle C of title IV of the 

16 McKinney-Vento Homeless Assistance Act (42 

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

18 ‘‘(c) USE OF PROPERTIES FOR HOUSING OR SHEL19 TER FOR THE HOMELESS.— 

20 ‘‘(1) ELIGIBLE USES.—An eligible private non21 profit organization that receives a grant under sub22 section (b) shall use the amounts received only to 

23 purchase or rehabilitate real property for use to pro24 vide permanent housing, transitional housing, or 

25 temporary shelter to the homeless. 


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

2 make a grant under subsection (b) to an eligible pri3 vate nonprofit organization unless the eligible pri4 vate nonprofit organization provides to the Secretary 

5 such assurances as the Secretary determines nec6 essary to ensure that any real property purchased or 

7 rehabilitated using amounts received under the grant 

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

9 for a period of not less than 15 years. 

10 ‘‘(d) PREFERENCE.—In awarding grants under sub11 section (b), the Secretary shall give preference to eligible 

12 private nonprofit organizations that operate within areas 

13 in which Federal real property is being sold under the dis14 posal program authorized under section 626. 

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

16 such regulations as are necessary to carry out this sec17 tion.’’. 

18 SEC. 4. REPORT OF THE COMPTROLLER GENERAL. 

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

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

21 United States shall submit to Congress a draft report on 

22 the expedited disposal pilot program established by the 

23 amendments made by section 3. 

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

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


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1 United States shall submit to Congress a final report on 

2 the expedited disposal pilot program established by the 

3 amendments made by section 3. 

4 SEC. 5. TECHNICAL AND CONFORMING AMENDMENT. 

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

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

7 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.’’. 

Æ 


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