,,ii #aacth ,,congress #ast ,session ,s4 #achb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bi1 #bjac ,mr4 ,carper 7for himself1 ,mr4 ,coburn1 ,mr4 ,pryor1 ,mr4 ,begich1 ,mr4 ,tester1 and ,mr4 ,portman7 introduced the following bill2 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 property4 #a4 ,short title ,this ,act may be cited as the ,federal ,real ,property ,asset ,management ,reform ,act of #bjac4 #b4 ,purpose ,the purpose of this ,act is to increase the efficiency and effectiveness of the ,federal ,government in managing real property by-- 7#a7 requiring agencies to maintain an up-to-date inventory of real property2 7#b7 establishing a ,federal ,real ,property ,council to develop guidance on and ensure the implementation of strategies for better managing ,federal real property2 and 7#c7 authorizing a pilot program to expedite the disposal of surplus real property4 #c4 ,property management and expedited disposal of real property ,chapter #e of subtitle ,i of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 ,,vii ,property management and expedited disposal of real property #fba4 ,definitions ,in this subchapter3 7#a7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#b7 ,council ,the term ,council means the ,federal ,real ,property ,council established by section #fbc7;a74 7#c7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#d7 ,disposal ,the term disposal means any action that constitutes the removal of any real property from the ,federal inventory1 including sale1 deed1 demolition1 or exchange4 7#e7 ,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 agency4 7#f7 ,federal agency ,the term ,federal agency means-- 7,a7 an executive department or independent establishment in the executive branch of the ,government2 or 7,b7 a wholly owned ,government corporation4 7#g7 ,field office ,the term field office means any office of a ,federal agency that is not the headquarters office location for the ,federal agency4 7#h7 ,real property 7,a7 ,in general ,the term real property means any ,federal real property asset4 7,b7 ,inclusions ,the term real property includes-- 7i7 public buildings2 and 7ii7 occupied and improved grounds1 leased space1 or other physical structures under the custody and control of any ,federal agency4 7,c7 ,exclusions ,the term real property does not include-- 7i7 any military installation 7as defined in section #biaj of the ,defense ,base ,closure and ,realignment ,act of #aiij 7#aj ,u4,s4,c4 #bfhg note2 ,public ,law #aja-eaj772 7ii7 any property that is excepted from the definition of the term property under section #ajb2 7iii7 ,indian and native ,eskimo property held in trust by the ,federal ,government as described in section #ccja7;a77#e77;,c77iii72 7iv7 real property operated and maintained by the ,tennessee ,valley ,authority pursuant to the ,tennessee ,valley ,authority ,act of #aicc 7#af ,u4,s4,c4 #hca et seq472 7v7 any real property the ,director excludes for reasons of national security2 7vi7 any public lands 7as defined in section #bjc of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbb77 administered by-- 7,i7 the ,secretary of the ,interior1 acting through-- 7aa7 the ,director of the ,bureau of ,land ,management2 7bb7 the ,director of the ,national ,park ,service2 7cc7 the ,commissioner of ,reclamation2 or 7dd7 the ,director of the ,united ,states ,fish and ,wildlife ,service2 or 7,,ii7 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 or 7vii7 any property operated and maintained by the ,united ,states ,postal ,service4 7#i7 ,surplus property ,the term surplus property means excess real property that is not required to meet the needs or responsibilities of any ,federal agency4 7#aj7 ,underutilized property ,the term underutilized property means a portion or the entirety of any real property1 including any improvements1 that is used-- 7,a7 irregularly or intermittently by the accountable ,federal agency for program purposes of the ,federal agency2 or 7,b7 for program purposes that can be satisfied only with a portion of the property4 #fbb4 ,duties of ,federal agencies ,each ,federal agency shall-- 7#a7 maintain adequate inventory controls and accountability systems for real property under the control of the ,federal agency2 7#b7 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 property2 7#c7 continuously survey real property under the control of the ,federal agency to identify excess property1 underutilized property1 and other real property suitable to be used for-- 7,a7 colocation with other ,federal agencies2 or 7,b7 consolidation with other facilities2 7#d7 promptly report excess property and underutilized property to the ,administrator2 7#e7 establish goals that will lead the ,federal agency to reduce excess property and underutilized property in the inventory of the ,federal agency2 7#f7 submit to the ,council a report on all excess property and underutilized property in the inventory of the ,federal agency1 including-- 7,a7 whether underutilized property can be better utilized2 and 7,b7 the extent to which the ,federal agency believes that the underutilized property serves the needs of the ,federal agency to retain underutilized property2 7#g7 adopt workplace practices1 configurations1 and management techniques that can achieve increased levels of productivity and decrease the need for real property assets2 7#h7 assess leased space to identify space that is not fully used or occupied2 7#i7 on an annual basis and subject to the guidance of the ,council-- 7,a7 conduct an inventory of real property under control of the ,federal agency2 and 7,b7 make an assessment of each real property1 which shall include-- 7i7 the age and condition of the property2 7ii7 the size of the property in square footage and acreage2 7iii7 the geographical location of the property1 including an address and description2 7iv7 the extent to which the property is being utilized2 7v7 the actual annual operating costs associated with the property2 7vi7 the total cost of capital expenditures associated with the property2 7vii7 sustainability metrics associated with the property2 7viii7 the number of ,federal employees and functions housed at the property2 7ix7 the extent to which the mission of the ,federal agency is dependent on the property2 7x7 the estimated amount of capital expenditures projected to maintain and operate the property over each of the next #e years after the date of enactment of this subchapter2 and 7xi7 any additional information required by the ,administrator to carry out section #fbd2 and 7#aj7 provide to the ,council and the ,administrator the information described in paragraph 7#i77;,b7 to be used for the establishment and maintenance of the database described in section #fbd4 #fbc4 ,establishment of a ,federal ,real ,property ,council 7a7 ,establishment ,there is established a ,federal ,real ,property ,council4 7b7 ,purpose ,the purpose of the ,council shall be-- 7#a7 to develop guidance and ensure implementation of an efficient and effective real property management strategy2 7#b7 to identify opportunities for the ,federal ,government to better manage real property assets2 and 7#c7 to reduce the costs of managing real property1 including operations1 maintenance1 and security4 7c7 ,composition 7#a7 ,in general ,the ,council shall be composed exclusively of-- 7,a7 the senior real property officers of each ,federal agency2 7,b7 the ,deputy ,director for ,management of the ,office of ,management and ,budget2 7,c7 the ,controller of the ,office of ,management and ,budget2 7,d7 the ,administrator2 and 7,e7 any other full-time or permanent part-time ,federal officials or employees1 as the ,chairperson determines to be necessary4 7#b7 ,chairperson ,the ,deputy ,director for ,management of the ,office of ,management and ,budget shall serve as ,chairperson of the ,council4 7#c7 ,executive ,director 7,a7 ,in general ,the ,chairperson shall designate an ,executive ,director to assist in carrying out the duties of the ,council4 7,b7 ,qualifications2 full-time ,the ,executive ,director shall-- 7i7 be appointed from among individuals who have substantial experience in the areas of commercial real estate and development1 real property management1 and ,federal operations and management2 and 7ii7 serve full time4 7d7 ,meetings 7#a7 ,in general ,the ,council shall meet subject to the call of the ,chairperson4 7#b7 ,minimum ,the ,council shall meet not fewer than #d times each year4 7e7 ,duties ,the ,council1 in consultation with the ,director and the ,administrator1 shall-- 7#a7 not later than #a year after the date of enactment of this subchapter1 establish a real property management plan template1 to be updated annually1 which shall include performance measures1 specific milestones1 measurable savings1 strategies1 and government-wide goals based on the goals established under section #fbb7e7 to reduce surplus property or to achieve better utilization of underutilized property1 and evaluation criteria to determine the effectiveness of real property management that are designed-- 7,a7 to enable ,congress and heads of ,federal agencies to track progress in the achievement of real property management objectives on a government-wide basis2 7,b7 to improve the management of real property2 and 7,c7 to allow for comparison of the performance of ,federal agencies against industry and other public sector agencies in terms of performance2 7#b7 develop standard use rates consistent throughout each category of space and with nongovernmental space use rates2 7#c7 develop a strategy to reduce the reliance of ,federal agencies on leased space for long-term needs if ownership would be less costly2 7#d7 provide guidance on eliminating inefficiencies in the ,federal leasing process2 7#e7 compile a list of real property assets that are field offices that are suitable for colocation with other real property assets2 and 7#f7 not later than #a year after the date of enactment of this subchapter and annually during the #d-year period beginning on the date that is #a year after the date of enactment of this subchapter and ending on the date that is #e years after the date of enactment of this subchapter1 the ,council shall submit to the ,director a report that contains-- 7,a7 a list of the remaining excess property1 surplus property1 and underutilized properties of each ,federal agency2 7,b7 the progress of the ,council toward developing guidance for ,federal agencies to ensure that the assessment required under section #fbb7i77;,b7 is carried out in a uniform manner2 and 7,c7 the progress of ,federal agencies toward achieving the goals established under section #fbb7e74 7f7 ,consultation ,in carrying out the duties described in subsection 7e71 the ,council shall also consult with representatives of-- 7#a7 ,state1 local1 tribal authorities1 and affected communities2 and 7#b7 appropriate private sector entities and nongovernmental organizations that have expertise in areas of-- 7,a7 commercial real estate and development2 7,b7 government management and operations2 7,c7 space planning2 7,d7 community development1 including transportation and planning2 and 7,e7 historic preservation4 7g7 ,council resources ,the ,director and the ,administrator shall provide staffing1 and administrative support for the ,council1 as appropriate4 #fbd4 ,federal real property inventory and database 7a7 ,in general ,not later than #a year after the date of enactment of this subchapter1 the ,administrator shall establish and maintain a single1 comprehensive1 and descriptive database of all real property under the custody and control of all ,federal agencies4 7b7 ,contents ,the database shall include-- 7#a7 information provided to the ,administrator under section #fbb7i77;,b72 and 7#b7 a list of real property disposals completed1 including-- 7,a7 the date and disposal method used for each real property2 7,b7 the proceeds obtained from the disposal of each real property2 7,c7 the amount of time required to dispose of the real property1 including the date on which the real property is designated as excess property2 7,d7 the date on which the property is designated as surplus property and the date on which the property is disposed2 and 7,e7 all costs associated with the disposal4 7c7 ,accessibility 7#a7 ,committees ,the database established under subsection 7a7 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 ,representatives4 7#b7 ,general public ,not later than #c years after the date of enactment of this subchapter and to the extent consistent with national security1 the ,administrator shall make the database established under subsection 7a7 accessible to the public at no cost through the website of the ,general ,services ,administration4 #fbe4 ,limitation on certain leasing authorities 7a7 ,in general ,except as provided in subsection 7b71 not later than ,december #ca of each year following the date of enactment of this subchapter1 a ,federal agency with independent leasing authority shall submit to the ,council a list of all leases1 including operating leases1 in effect on the date of enactment of this subchapter that includes-- 7#a7 the date on which each lease was executed2 7#b7 the date on which each lease will expire2 7#c7 a description of the size of the space2 7#d7 the location of the property2 7#e7 the tenant agency2 7#f7 the total annual rental rate2 and 7#g7 the amount of the net present value of the total estimated legal obligations of the ,federal ,government over the life of the contract4 7b7 ,exception ,subsection 7a7 shall not apply to-- 7#a7 the ,united ,states ,postal ,service2 7#b7 the ,department of ,veterans ,affairs2 or 7#c7 any other property the ,president excludes from subsection 7a7 for reasons of national security4 #fbf4 ,expedited disposal pilot program 7a7 ,establishment ,the ,director shall establish a pilot program to dispose of1 by sale1 transfer1 or other means of disposal1 any surplus property4 7#a7 ,properties for expedited disposal 7,a7 ,in general ,on an annual basis1 the ,director may authorize the expedited disposal of not more than #bjj surplus properties4 7,b7 ,priority ,in determining which properties to dispose of1 the ,director shall give priority to surplus properties that have the highest fair market value and the greatest potential for disposal4 7,c7 ,costs associated with disposal 7i7 ,in general ,the ,administrator may obligate an amount to pay any direct and indirect costs under section #egb related to identifying and preparing properties to be reported as excess property by a ,federal agency4 7ii7 ,reimbursement ,an amount obligated under clause 7i7 shall be paid from the proceeds of any sale of real property under this subsection4 7iii7 ,net proceeds ,net proceeds shall be distributed under subsection 7b74 7,d7 ,maximum net proceeds ,any real property authorized to be disposed of by sale of under subparagraph 7,a7 shall disposed of in a manner that1 as determined by the ,administrator in consultation with the head of the applicable ,federal agency1 is structured and marketed to maximize the value to the ,federal ,government4 7,e7 ,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-- 7i7 exceed the costs of disposal of the property2 and 7ii7 are not less than #ij percent of fair market value4 7#b7 ,applicability of certain law ,any expedited disposal of real property conducted under this section shall not be subject to-- 7,a7 any section of ,an ,act ,authorizing the ,transfer of ,certain ,real ,property for ,wildlife1 or other ,purposes 7#af ,u4,s4,c4 #ffg;b72 7,b7 sections #ajg and #cag of title #bc2 7,c7 sections #ede7;b77#h71 #eej1 #eec1 #eed1 and #acjd7;b72 7,d7 section #eja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadaa72 7,e7 section #dgaea of title #di2 or 7,f7 section #ac7;d7 of the ,surplus ,property ,act of #aidd 7#ej ,u4,s4,c4 ,app4 #afbb7;d774 7#c7 ,effect ,except as provided in paragraph 7#b71 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 property4 7b7 ,use of proceeds 7#a7 ,in general ,of the proceeds received from the disposal of any real property under this subchapter-- 7,a7 not less than #hj percent shall be returned to the general fund of the ,treasury for debt reduction2 7,b7 the lesser of #ah 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 property1 subject to paragraph 7#b72 7,c7 not greater than #b percent shall be made available to carry out section #fbg1 subject to annual appropriations2 and 7,d7 any remaining share of the proceeds shall be returned to the general fund of the ,treasury for ,federal budget deficit reduction4 7#b7 ,limitation on use of proceeds ,any proceeds retained by ,federal agencies under this section shall be-- 7,a7 deposited into the appropriate real property account of the ,federal agency that had custody and accountability for the real property1 with the funds expended only as authorized in annual appropriations ,acts2 7,b7 used-- 7i7 by not later than #b years after the date of disposal of the real property2 and 7ii7 only for activities relating to ,federal real property asset management and disposal2 and 7,c7 if not used by the date described in subparagraph 7,b77i71 shall be deposited in the ,treasury and used for ,federal budget deficit reduction4 7c7 ,public benefit 7#a7 ,conveyance ,except as provided in paragraph 7#b71 if a real property authorized to be disposed of under subsection 7a7 has not been disposed of by the date that is #b years after the date the property is listed for sale1 the ,director1 in consultation with the ,administrator and the ,secretary of ,housing and ,urban ,development1 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 law4 7#b7 ,predominant use and size standards 7,a7 ,in general ,any real property authorized to be disposed of under subsection 7a7 shall not be conveyed under paragraph 7#a7 if-- 7i7 the predominant use of the property is not for housing2 and 7ii7 7,i7 the area of the property is not less than #be1jjj square feet2 or 7,,ii7 the appraised fair market value of the property is greater than #a1jjj1jjj4 7,b7 ,appraised fair market value ,the appraised fair market value described in subparagraph 7,a77ii77,,ii7 shall be determined by the ,federal agency with custody or control of the property1 in consultation with the ,administrator and standard appraisal practice4 7d7 ,enforcement 7#a7 ,increase in size of inventory ,except as provided in paragraph 7#b71 if a ,federal agency fails to make available for public sale the real property authorized to be disposed of under subsection 7a7 by the date that is #ah months after the date on which the authorization is made under subsection 7a71 that ,federal agency1 except for specific exceptions promulgated by the ,director1 shall not increase the size of the civilian real property inventory1 unless the square footage of the increase is offset1 within an appropriate time as determined by the ,director1 through consolidation1 colocation1 or disposal of another building space from the inventory of that ,federal agency4 7#b7 ,exception ,paragraph 7#a7 shall not apply to a ,federal agency that acquires any real property not under the administrative jurisdiction of the ,federal ,government1 by sale or lease1 until the ,director submits a certification to ,congress of the disposal of all of those surplus properties4 7e7 ,termination of authority ,the authority provided by this section terminates on the date that is #e years after the date of enactment of this subchapter4 #fbg4 ,homeless assistance grants 7a7 ,definitions ,in this section3 7#a7 ,eligible nonprofit organization ,the term eligible nonprofit organization means a nonprofit organization that is a representative of the homeless4 7#b7 ,homeless ,the term homeless has the meaning given the term in section #ajc of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb71 except that subsection 7c7 of that section shall not apply4 7#c7 ,permanent housing ,the term permanent housing has the meaning given the term section #dja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj74 7#d7 ,private nonprofit organization ,the term private nonprofit organization has the meaning given the term in section #dja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj74 7#e7 ,representative of the homeless ,the term representative of the homeless has the meaning given the term in section #eja7;i7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadaa7;i774 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#g7 ,transitional housing ,the term transitional housing has the meaning given the term in section #dja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj74 7b7 ,grant authority 7#a7 ,in general ,to the extent amounts are made available under section #fbf7;b77#a77;,b7 for use under this section1 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 ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacha et seq471 to purchase real property suitable for use to assist the homeless in accordance with subsection 7c74 7#b7 ,terms and conditions ,except as otherwise provided in this section1 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 ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacha et seq474 7c7 ,use of properties for housing or shelter for the homeless 7#a7 ,eligible uses ,an eligible private nonprofit organization that receives a grant under subsection 7b7 shall use the amounts received only to purchase or rehabilitate real property for use to provide permanent housing1 transitional housing1 or temporary shelter to the homeless4 7#b7 ,term of use ,the ,secretary may not make a grant under subsection 7b7 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 7#a7 for a period of not less than #ae years4 7d7 ,preference ,in awarding grants under subsection 7b71 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 #fbf4 7e7 ,regulations ,the ,secretary may promulgate such regulations as are necessary to carry out this section4 4 #d4 ,report of the ,comptroller ,general 7a7 ,draft ,not later than #c years after the date of enactment of this ,act1 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 #c4 7b7 ,final ,not later than #e years after the date of enactment of this ,act1 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 #c4 #e4 ,technical and ,conforming ,amendment ,the table of sections for chapter #e of subtitle ,i of title #dj1 ,united ,states ,code1 is amended by inserting after the item relating to section #faa the following3 ,,subchapter ,,vii--,property management and expedited disposal of real property #fba4 ,definitions4 #fbb4 ,duties of ,federal agencies4 #fbc4 ,establishment of a ,federal ,real ,property ,council4 #fbd4 ,federal real property inventory and database4 #fbe4 ,limitation on certain leasing authorities4 #fbf4 ,expedited disposal pilot program4 #fbg4 ,homeless assistance grants4 4