Excess Federal Building and Property Disposal Act of 2012

Bill: 112-hr-665
Sponsor: Rep. Chaffetz, Jason [R-UT-3]
Introduced: 2011-02-11 in the House
Policy area: Government Operations and Politics
Subjects: Building construction
Government buildings, facilities, and property
Government information and archives
Homelessness and emergency shelter
Housing and community development funding
Land transfers
Residential rehabilitation and home repair
Solid waste and recycling
State and local government operations

Summary:
action_date: 2011-02-11
text: 
Excess Federal Building and Property Disposal Act of 2011 - Requires the Director of the Office of Management and Budget (OMB) to: (1) conduct a Federal Real Property Disposal Pilot Program for the expedited disposal of real property that is not meeting federal government needs, and (2) identify criteria for identifying such property.
 
Requires the Director, for FY2011-FY2020, to dispose of real property sufficient to generate proceeds of not less than $19 billion under the Program. Prohibits the Director from including any parcel of real property, building, or other structure located on real property that is to be closed or realigned under the Defense Base Closure and Realignment Act of 1990. 
 
Requires agencies to recommend candidate disposition properties to the Director, who shall select properties for participation in the Program and notify the recommending agency. Prohibits real property from being sold under the program: (1) for less than fair market value, (2) if it will not generate monetary proceeds to the federal government exceeding disposal costs, or (3) in a non-cash transaction.
 
Requires participating agencies to receive reimbursement for associated administrative expenses and 20% of the balance of the remaining proceeds.
 
Terminates the program on September 30, 2020.

action_date: 2012-02-27
text: 
Excess Federal Building and Property Disposal Act of 2011 - (Sec. 2) Directs the Administrator of the General Services Administration (GSA), in consultation with the Director of the Office of Management and Budget (OMB), to conduct the Federal Real Property Disposal Pilot Program, under which the Administrator shall: (1) identify 15 federal government real properties that are excess or surplus and that have the highest fair market value and the greatest potential to sell, and (2) sell such properties by public auction within 5 years after the enactment of this Act. Requires the Administrator to designate an additional property for sale under the Program not later than 15 days after the sale of any excess property.
 
Exempts from the Program: (1) real property that is to be closed or realigned under the Defense Base Closure and Realignment Act of 1990; (2) properties excluded for reasons of national security by OMB; (3) certain Indian and Native Eskimo properties; (4) properties operated and maintained by the Tennessee Valley Authority (TVA); (5) postal properties; (6) properties used in connection with river, harbor, flood control, reclamation, or power projects; and (7) properties determined to be suitable for use as a public park or recreation area.
 
Requires the Comptroller General (GAO) to submit to Congress and make publicly available a study of the effectiveness of the Program. Terminates the Program five years after the enactment of this Act. 
 
Requires the head of each executive agency to recommend properties to the Director of OMB for disposal under the Program.
 
Sets forth requirements for the expedited disposal of excess real property under the Program, including that such property must be sold for cash, may not be sold for less than fair market value, and must generate monetary proceeds to the federal government. Prohibits a disposal of property under the Program as an exchange, trade, transfer, acquisition of like-kind property, or other non-cash transaction. Requires 98% of the proceeds from the sale of excess properties under the Program to be deposited into the the Treasury and 2% of such proceeds to be used for funding homeless assistance grants. 
 
Directs the Secretary of Housing and Urban Development (HUD) to: (1) make grants to nonprofit organizations to purchase excess property suitable for use to assist the homeless, and (2) issue regulations for such homeless assistance grants. Directs such organizations to use grants only to acquire or rehabilitate real property to provide permanent housing, transitional housing, or temporary shelter for persons who are homeless.
 
(Sec. 3) Directs the GSA Administrator to: (1) issue guidance for the development and implementation of executive agency real property plans, (2) assist executive agencies in the identification and disposal of excess real property, and (3) report to Congress on disposal efforts within three years after the enactment of this Act.
 
(Sec. 4) Grants authority to the GSA Administrator to obligate funds to pay the costs of identifying and preparing properties to be reported excess by another agency.
 
(Sec. 5) Allows GSA to be reimbursed for the costs associated with the reversion, custody, and disposal of reverted real property. Requires the GSA Administrator to: (1) take control of reverted property if necessary to enforce compliance with the terms of the conveyance and sell such property; and (2) make such property available to state and local governments and non-profit organizations for public benefit conveyance (e.g., for educational use, public health, parks or recreation, or low income housing) prior to sale.
 
(Sec. 6) Allows the net proceeds of a sale of excess federal real property to be returned to the agency that had custody and accountability for such property at the time it was determined to be excess. Provides that such net proceeds be used for continuing disposal of excess properties and for deficit reduction. Requires proceeds from the sale of personal property to be deposited in the Treasury.
 
(Sec. 7) Requires the GSA Administrator, within one year after the enactment of this Act, to publish a single, comprehensive, and descriptive database of all federal real property under the custody and control of all executive agencies, other than property excluded for reasons of national security. Requires that such database be made available to other federal agencies and the general public at no cost through the GSA website, to the extent consistent with national security.
 
(Sec. 8) Requires federal agencies to recycle at least 50% of construction and demolition materials and debris by the end of FY2015.
 
(Sec. 9) Amends the McKinney-Vento Homeless Assistance Act to: (1) exempt from the homeless review process federal properties that are located in an area for which the general public is denied access in the interest of national security, (2) allow properties available for use by the homeless to be published on the websites of HUD or GSA instead of in the Federal Register, and (3) exclude certain federal properties from subsequent publications of properties available for use by the homeless for which no review of a determination of suitability was requested.

action_date: 2012-03-20
text: 
Excess Federal Building and Property Disposal Act of 2012 - (Sec. 2) Directs the Administrator of the General Services Administration (GSA), in consultation with the Director of the Office of Management and Budget (OMB), to conduct the Federal Real Property Disposal Pilot Program, under which the Administrator shall: (1) identify 15 federal government real properties that are excess or surplus and that have the highest fair market value and the greatest potential to sell, and (2) sell such properties by public auction within 5 years after the enactment of this Act. Requires the Administrator to designate an additional property for sale under the Program not later than 15 days after the sale of any excess property.
 
Exempts from the Program: (1) real property that is to be closed or realigned under the Defense Base Closure and Realignment Act of 1990; (2) properties excluded for reasons of national security by OMB; (3) certain Indian and Native Eskimo properties; (4) properties operated and maintained by the Tennessee Valley Authority (TVA); (5) postal properties; (6) properties used in connection with river, harbor, flood control, reclamation, or power projects; (7) properties determined to be suitable for use as a public park or recreation area; and (8) properties used for recreational and conservation purposes.
 
Requires the Comptroller General (GAO) to submit to Congress and make publicly available a study of the effectiveness of the Program. Terminates the Program five years after the enactment of this Act. 
 
Requires the head of each executive agency to recommend properties to the Director of OMB for disposal under the Program.
 
Sets forth requirements for the expedited disposal of excess real property under the Program, including that such property must be sold for cash, may not be sold for less than fair market value, and must generate monetary proceeds to the federal government. Prohibits a disposal of property under the Program as an exchange, trade, transfer, acquisition of like-kind property, or other non-cash transaction. Requires the proceeds from the sale of excess properties under the Program to be deposited into the the Treasury and 2% of such proceeds to be used for funding homeless assistance grants. 
 
Directs the Secretary of Housing and Urban Development (HUD) to: (1) make grants to nonprofit organizations to purchase excess property suitable for use to assist the homeless, and (2) issue regulations for such homeless assistance grants. Directs such organizations to use grants only to acquire or rehabilitate real property to provide permanent housing, transitional housing, or temporary shelter for persons who are homeless.
 
(Sec. 3) Directs the GSA Administrator to: (1) issue guidance for the development and implementation of executive agency real property plans, (2) assist executive agencies in the identification and disposal of excess real property, and (3) report to Congress on disposal efforts within three years after the enactment of this Act.
 
(Sec. 4) Grants authority to the GSA Administrator to obligate funds to pay the costs of identifying and preparing properties to be reported excess by another agency.
 
(Sec. 5) Allows GSA to be reimbursed for the costs associated with the reversion, custody, and disposal of reverted real property. Requires the GSA Administrator to: (1) take control of reverted property if necessary to enforce compliance with the terms of the conveyance and sell such property; and (2) make such property available to state and local governments and non-profit organizations for public benefit conveyance (e.g., for educational use, public health, parks or recreation, or low income housing) prior to sale.
 
(Sec. 6) Allows the net proceeds of a sale of excess federal real property to be returned to the agency that had custody and accountability for such property at the time it was determined to be excess. Provides that such net proceeds be used for continuing disposal of excess properties and for deficit reduction. Requires proceeds from the sale of personal property to be deposited in the Treasury.
 
(Sec. 7) Requires the GSA Administrator, within one year after the enactment of this Act, to publish a single, comprehensive, and descriptive database of all federal real property under the custody and control of all executive agencies, other than property excluded for reasons of national security. Requires that such database be made available to other federal agencies and the general public at no cost through the GSA website, to the extent consistent with national security.
 
(Sec. 8) Requires federal agencies to recycle at least 50% of construction and demolition materials and debris by the end of FY2015.
 
(Sec. 9) Amends the McKinney-Vento Homeless Assistance Act to: (1) exempt from the homeless review process federal properties that are located in an area for which the general public is denied access in the interest of national security, (2) allow properties available for use by the homeless to be published on the websites of HUD or GSA instead of in the Federal Register, and (3) exclude certain federal properties from subsequent publications of properties available for use by the homeless for which no review of a determination of suitability was requested.


Legislative actions:
action_date: 2012-03-21
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2012-03-20
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 403 - 0 (Roll no. 114). (text: CR H1401-1403)
action_date: 2012-03-20
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2012-03-20
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 403 - 0 (Roll no. 114).(text: CR H1401-1403)
action_date: 2012-03-20
text: Considered as unfinished business. (consideration: CR H1410-1411)
action_date: 2012-03-20
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2012-03-20
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 665.
action_date: 2012-03-20
text: Considered under suspension of the rules. (consideration: CR H1401-1405)
action_date: 2012-03-20
text: Mr. Chaffetz moved to suspend the rules and pass the bill, as amended.
action_date: 2012-02-27
text: Placed on the Union Calendar, Calendar No. 279.
action_date: 2012-02-27
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 112-402.
action_date: 2012-02-27
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 112-402.
action_date: 2011-11-17
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2011-11-17
text: Committee Consideration and Mark-up Session Held.
action_date: 2011-11-17
text: Subcommittee on Government Organization, Efficiency, and Financial Management Discharged.
action_date: 2011-02-18
text: Referred to the Subcommittee on Government Organization, Efficiency, and Financial Management     .
action_date: 2011-02-11
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2011-02-11
text: Introduced in House
action_date: 2011-02-11
text: Introduced in House