SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Excess Federal Build-
ing and Property Disposal Act of 2012’’. 
SEC. 2. FEDERAL REAL PROPERTY DISPOSAL PILOT PRO-
GRAM. 
(a) IN GENERAL.—Chapter 5 of subtitle I of title 40, 
United States Code, is amended by adding at the end the 
following new subchapter: 
‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF 
REAL PROPERTY 
‘‘§ 621. Federal real property disposal pilot program 
‘‘(a) IN GENERAL.—The Administrator of General 
Services (in this subchapter referred to as the ‘Adminis-
trator’), in consultation with the Director of the Office of 
Management and Budget (in this subchapter referred to 
as the ‘Director’), shall conduct a pilot program to be 
known as the ‘Federal Real Property Disposal Pilot Pro-
gram’, under which the Administrator, in consultation 
with the Director, shall determine which 15 Federal Gov-
ernment real properties that are excess or surplus and 
have the highest fair market value and the greatest poten-
tial to sell and shall dispose of such properties in accord-
ance with this subchapter and through an expedited dis-
posal of real property. 
‘‘(b) DISPOSAL.—During the five-year period begin-
ning on the date of the enactment of the Excess Federal
Building and Property Disposal Act of 2012, the Adminis-
trator, in consultation with the Director, shall dispose of 
real property under the Federal Real Property Disposal 
Pilot Program through a public auction. 
‘‘(c) ADDING PROPERTIES
TO
THE PILOT PRO-
GRAM.—Not later than 15 days after a property is dis-
posed of under subsection (b), the Administrator, in con-
sultation with the Director, shall designate an additional 
property, in accordance with subsection (a), to be disposed 
of under the Federal Real Property Disposal Pilot Pro-
gram. 
‘‘(d) EXCEPTIONS.—The Administrator shall not in-
clude for purposes of the Federal Real Property Pilot Pro-
gram any of the following types of property: 
‘‘(1) A parcel of real property, building, or 
other structure located on such real property that is 
to be closed or realigned under the Defense Base 
Closure and Realignment Act of 1990 (10 U.S.C. 
2687 note). 
‘‘(2) Properties that are excluded for reasons of 
national security by the Director of the Office of 
Management and Budget. 
‘‘(3) Indian and Native Eskimo properties in-
cluding—
‘‘(A) any property within the limits of any 
Indian reservation to which the United States 
owns title; and 
‘‘(B) any property title which is held in 
trust by the United States for the benefit of 
any Indian tribe or individual or held by an In-
dian tribe or individual subject to restriction by 
the United States against alienation. 
‘‘(4) Properties operated and maintained by the 
Tennessee Valley Authority pursuant to the Ten-
nessee Valley Authority Act of 1933 (16 U.S.C. 831 
et seq.). 
‘‘(5) Postal properties owned by the United 
States Postal Service. 
‘‘(6) Properties used in connection with river, 
harbor, flood control, reclamation, or power projects. 
‘‘(7) Properties that the Administrator has de-
termined are suitable for assignment to the Sec-
retary of the Interior for transfer to a State, a polit-
ical subdivision or instrumentality of a State, or a 
municipality for use as a public park or recreation 
area under section 550(e) of this title. In making 
such determination, the Administrator may consider 
the appraised value of the property and the highest 
and best use.
‘‘(8) Properties used, as of the date of the en-
actment of this subchapter, in connection with Fed-
eral programs for recreational and conservation pur-
poses, including research for such programs. 
‘‘(e) GAO REPORT.—Not later than 24 months after 
the date of the enactment of this subchapter, the Comp-
troller General of the United States shall submit to Con-
gress and make publicly available a study of the effective-
ness of the Federal Real Property Pilot Program. 
‘‘(f) TERMINATION.—The Federal Real Property Dis-
posal Pilot Program shall terminate on the date that is 
five years after the date of the enactment of the Excess 
Federal Building and Property Disposal Act of 2012. 
‘‘§ 622. Selection of real properties 
‘‘The head of each executive agency shall recommend 
properties to the Director for disposal under the Federal 
Real Property Pilot Program. The Director, in consulta-
tion with the Administrator, shall then select properties 
for disposal under the pilot program and notify the recom-
mending executive agency accordingly. 
‘‘§ 623. Expedited disposal requirements 
‘‘(a) EXPEDITED DISPOSAL OF REAL PROPERTY DE-
FINED.—For purposes of this subchapter, an ‘expedited 
disposal of real property’ is the sale of real property for
cash that is conducted pursuant to the requirements of 
section 545(a) of this title. 
‘‘(b) FAIR MARKET VALUE REQUIREMENT.—Real 
property sold under the Federal Real Property Pilot Pro-
gram may not be sold at less than the fair market value 
as determined by the Administrator, in consultation with 
the Director. Costs associated with disposal may not ex-
ceed the fair market value of the property unless the Di-
rector approves incurring such costs. 
‘‘(c) MONETARY PROCEEDS REQUIREMENT.—Real 
property shall be sold under the Federal Real Property 
Pilot Program only if the property will generate monetary 
proceeds to the Federal Government, as provided in sub-
section (b). A disposal of real property under the Federal 
Real Property Pilot Program may not include any ex-
change, trade, transfer, acquisition of like-kind property, 
or other non-cash transaction as part of the disposal. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sub-
chapter shall be construed as terminating or in any way 
limiting authorities that are otherwise available to agen-
cies under other provisions of law to dispose of Federal 
real property, except as provided in subsection (e). 
‘‘(e) EXEMPTION FROM CERTAIN REQUIREMENTS.— 
Any expedited disposal of a real property conducted under 
this subchapter shall not be subject to—
‘‘(1) subchapter IV of this chapter; 
‘‘(2) sections 550 and 553 of this title; 
‘‘(3) section 501 of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11411); 
‘‘(4) any other provision of law authorizing the 
no-cost conveyance of real property owned by the 
Federal Government; or 
‘‘(5) any congressional notification requirement 
other than that in section 545 of this title. 
‘‘§ 624. Special rules for deposit and use of proceeds 
from expedited disposals 
‘‘The proceeds from an expedited disposal of real 
property under this subchapter shall be deposited into the 
General Fund of the Treasury. Two percent of such pro-
ceeds is authorized to be appropriated until expended to 
fund the grant program under section 625. 
‘‘§ 625. Homeless assistance grants 
‘‘(a) GRANT AUTHORITY.—To the extent amounts 
are made available pursuant to section 624 for use under 
this section, the Secretary of Housing and Urban Develop-
ment shall make grants to eligible private nonprofit orga-
nizations under subsection (b) to purchase property suit-
able for use to assist the homeless as provided in sub-
section (c).
‘‘(b) ELIGIBLE GRANTEES.—To be eligible to receive 
a grant under subsection (a), a private nonprofit organiza-
tion shall be a representative of the homeless, as such term 
is defined in section 501(i)(4) of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11411(i)(4)). 
‘‘(c) USE OF PROPERTIES FOR HOUSING OR SHEL-
TER FOR THE HOMELESS.— 
‘‘(1) ELIGIBLE USES.—A nonprofit organization 
that receives a grant under subsection (a) shall use 
the amounts received under such grant only to ac-
quire or rehabilitate real property for use to provide 
permanent housing (as such term is defined in sec-
tion 401 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11360)), transitional housing 
(as such term is defined in such section 401), or 
temporary shelter, for persons who are homeless. 
‘‘(2) TERM OF USE.—The Secretary of Housing 
and Urban Development may not make a grant 
under subsection (a) to a private nonprofit organiza-
tion unless the organization provides the Secretary 
with such assurances as the Secretary determines 
necessary to ensure that any property acquired or 
rehabilitated using the amounts received under such 
grant is used only as provided in paragraph (1) of
United States Code, is amended by inserting after the 
item relating to section 611 the following: 
‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF REAL PROPERTY 
‘‘621. Federal real property disposal pilot program. 
‘‘622. Selection of real properties. 
‘‘623. Expedited disposal requirements. 
‘‘624. Special rules for deposit and use of proceeds from expedited disposals. 
‘‘625. Homeless assistance grants.’’. 
SEC. 3. DUTIES OF THE GENERAL SERVICES ADMINISTRA-
TION AND EXECUTIVE AGENCIES. 
(a) IN GENERAL.—Section 524 of title 40, United 
States Code, is amended to read as follows: 
‘‘§ 524. Duties of the General Services Administration 
and executive agencies 
‘‘(a) DUTIES OF THE GENERAL SERVICES ADMINIS-
TRATION.— 
‘‘(1) GUIDANCE.—Not later than 6 months 
after the date of the enactment of this section, and 
when necessary thereafter, the Administrator of 
General Services shall issue guidance for the devel-
opment and implementation of executive agency real 
property plans. Such guidance shall include rec-
ommendations on— 
‘‘(A) how to identify excess properties; 
‘‘(B) how to evaluate the costs and benefits 
associated with disposing of real property;
‘‘(C) how to prioritize disposal decisions 
based on agency missions and anticipated fu-
ture need for holdings; and 
‘‘(D) how best to dispose of those prop-
erties identified as excess to meet the needs of 
the agency. 
‘‘(2) ASSISTANCE.—The Administrator shall as-
sist executive agencies in the identification and dis-
posal of excess real property. 
‘‘(b) DUTIES OF EXECUTIVE AGENCIES.— 
‘‘(1) IN
GENERAL.—Each executive agency 
shall— 
‘‘(A) maintain adequate inventory controls 
and accountability systems for property under 
its control; 
‘‘(B) continuously survey property under 
its control to identify excess property; 
‘‘(C) promptly report excess property to 
the Administrator; 
‘‘(D) perform the care and handling of ex-
cess property; and 
‘‘(E) transfer or dispose of excess property 
as promptly as possible in accordance with au-
thority delegated and regulations prescribed by 
the Administrator.
‘‘(2) SPECIFIC REQUIREMENTS WITH RESPECT 
TO REAL PROPERTY.—With respect to real property, 
each executive agency shall— 
‘‘(A) develop and implement a real prop-
erty plan in order to identify properties to de-
clare as excess using the guidance issued under 
subsection (a)(1); 
‘‘(B) identify and categorize all real prop-
erty owned, leased, or otherwise managed by 
the agency; 
‘‘(C) establish adequate goals and incen-
tives to reduce excess real property in such 
agency’s inventory; and 
‘‘(D) when appropriate, use the authorities 
in section 572(a)(2)(B) of this title in order to 
identify and prepare real property to be re-
ported as excess. 
‘‘(3) ADDITIONAL REQUIREMENTS.—Each exec-
utive agency, as far as practicable, shall— 
‘‘(A) reassign property to another activity 
within the agency when the property is no 
longer required for the purposes of the appro-
priation used to make the purchase; 
‘‘(B) transfer excess property under its 
control to other Federal agencies and to organi-
zations specified in section 321(c)(2) of this 
title; and 
‘‘(C) obtain excess properties from other 
Federal agencies to meet mission needs before 
acquiring non-Federal property.’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
section 524 in the table of sections at the beginning of 
chapter 5 of such title is amended to read as follows: 
‘‘524. Duties of the General Services Administration and executive agencies.’’. 
(c) GSA REPORT.— 
(1) IN GENERAL.—Not later than three years 
after the date of the enactment of this Act, the Ad-
ministrator of General Services shall submit a report 
to the Committee on Oversight and Government Re-
form of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate on the implementation of section 
524, as amended by subsection (a), and each of the 
following: 
(A) The efforts of each executive agency to 
reduce such agency’s real property assets, based 
on data submitted from such agency. 
(B) For each excess and surplus real prop-
erty facility/installation disposed of, an indica-
tion of— 
(i) the date and method of disposal;
(ii) the proceeds obtained from the 
disposition of such property; 
(iii) the amount of time required to 
fully dispose of excess and surplus real 
property under the custody and control of 
all executive agencies; and 
(iv) the cost to dispose of surplus and 
excess real property under the custody and 
control of all executive agencies. 
(2) DEFINITIONS.—The terms ‘‘excess prop-
erty’’, ‘‘executive agency’’, and ‘‘surplus property’’ 
have the meanings given those terms in section 102 
of title 40, United States Code. 
SEC. 4. ENHANCED AUTHORITIES WITH REGARD TO PRE-
PARING PROPERTIES TO BE REPORTED AS 
EXCESS. 
Section 572(a)(2) of title 40, United States Code, is 
amended— 
(1) by redesignating subparagraphs (B) and 
(C) as subparagraphs (C) and (D), respectively; and 
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph: 
‘‘(B) ADDITIONAL AUTHORITY.—(i) From 
the fund described in paragraph (1), subject to 
clause (iv) of this subparagraph, the Adminis-