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Full Text of this Amendment

SA 289. Mr. CARPER (for himself, Mr. VITTER, and Mr. COBURN) submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:
SEC. __X. SALE OF EXCESS FEDERAL PROPERTY.
(a) In General.--Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following:
"SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY
"§621. Definitions

"In this subchapter:

"(1) COUNCIL.--The term `Council' means the Federal Real Property Council established by section 622(a).
"(2) DIRECTOR.--The term `Director' means the Director of the Office of Management and Budget.
"(3) LANDHOLDING AGENCY.--The term `landholding agency' means a landholding agency (as defined in section 501(i) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(i))).
"(4) REAL PROPERTY.--
"(A) IN GENERAL.--The term `real property' means--
"(i) a parcel of real property under the administrative jurisdiction of the Federal Government that is--
"(I) excess;
"(II) surplus;
"(III) underperforming; or
"(IV) otherwise not meeting the needs of the Federal Government, as determined by the Director; and
"(ii) a building or other structure located on real property described in clause (i).
"(B) EXCLUSION.--The term `real property' does not include--
"(i) any parcel of real property, and any building or other structure located on real property, that is to be closed or realigned under the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note; Public Law 100-526);
"(ii) any property that is excluded for reasons of national security by the Director;
"(iii) 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 the Director of the Bureau of Land Management, the Director of the National Park Service, or the Commissioner of Reclamation; or
"(II) the Secretary of Agriculture, acting through the Chief of the Forest Service; or
"(iv) any Indian lands (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722))."§622. Establishment of a Federal Real Property Council

"(a) Establishment.--There is established within the Office of Management and Budget a council to be known as the `Federal Real Property Council'.

"(b) Purpose.--The purpose of the Council shall be to develop guidance for the asset management program of each executive agency.
"(c) Composition.--
"(1) IN GENERAL.--The Council shall be composed exclusively of--
"(A) the senior real property officers of each executive 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 of General Services; 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) ADMINISTRATIVE SUPPORT.--The Office of Management and Budget shall provide funding and administrative support for the Council, as appropriate.
"(d) Duties.--The Council shall--
"(1) in consultation with the heads of executive agencies, establish performance measures to determine the effectiveness of Federal real property management that are designed--
"(A) to enable Congress and heads of executive agencies to track progress in the achievement of property management objectives on a governmentwide basis; and
"(B) allow for comparison of the performance of executive agencies against industry and other public sector agencies in terms of performance;
"(2) in developing and implementing the performance measures described in paragraph (1), use existing data sources and automated data collection tools;
"(3) not later than 180 days after the date of enactment of this subchapter, submit to the Committees on Environment and Public Works and Homeland Security and Governmental Affairs of the Senate and the Committees on Transportation and Infrastructure and Oversight and Government Reform of the House of Representatives a report that contains--
"(A) an evaluation of the leasing process in effect as of the date of submission of the report to identify and document inefficiencies in that process;
"(B) a suggested strategy to reduce the reliance of executive agencies on leased space for long-term needs if ownership would be less costly; and
"(C) an assessment of domestically held, federally leased space, including--
"(i) a description of the overall quantity and type of space leased by executive agencies; and
"(ii) an identification of current contracts for leased office space in which the leased space is not fully used or occupied (including a plan for subletting of unoccupied space); and
"(4)(A) review contracts for leased office space that are in effect as of the date of submission of the report; and
"(B) work with executive agencies to renegotiate leases having at lest 2 years remaining in the term of the leases to recognize potential cost savings as quickly as practicable."§623. Duties of landholding agencies

"(a) In General.--Each landholding agency shall--

"(1) maintain adequate inventory controls and accountability systems for property under the control of the agency;
"(2) continuously survey property under the control of the agency to identify excess property;
"(3) promptly report excess property to the Administrator;
"(4) establish goals that lead the agency to reduce excess real property in the inventory of the agency;
"(5) reassign property to another activity within the agency if the property is no longer required for purposes of the appropriation used to make the purchase;
"(6) transfer excess property under the control of the agency to other Federal agencies and to organizations specified in section 321(c)(2); and
"(7) obtain excess properties from other Federal agencies to meet mission needs before acquiring non-Federal property.
"(b) Report.--Not later than 90 days after the date of enactment of this subchapter, and annually thereafter, each landholding agency, in consultation with the Council, shall submit to Congress a report that describes, for the year covered by the report--
"(1) all surplus real property under the jurisdiction of the landholding agency;
"(2) an asset disposal plan, or an update of such a plan, that includes annual goals for the disposal of surplus real property; and
"(3) the number of real property disposals completed, including the disposal method used for each individual real property."§624. Database

"The Administrator shall--

"(1) establish and maintain a single, comprehensive, and descriptive database of all real property under the custody and control of all executive branch agencies, except when otherwise required for reasons of national security; and
"(2) shall collect from each executive agency such descriptive information (except for classified information) as the Administrator determines will best describe the nature, use, and extent of real property holdings for the Federal Government."§625. Disposal program

"(a) In General.--

"(1) REQUIRED DISPOSAL.--
"(A) IN GENERAL.--The Director shall, by sale, demolition, or any other means of disposal, dispose of any real properties identified as of the date of enactment of this subchapter that, as determined by the Director, are surplus, are not being used, and will not be used to meet the needs of the Federal Government for the period of fiscal years 2012 through 2016.
"(B) CONVEYANCE.--Before taking any action to dispose of real property under subparagraph (A), the Director may consider whether the real property can be conveyed to State and local governments, nonprofit organizations, or the homeless for various public purposes or uses as allowed by applicable law.
"(2) WEBSITE.--
"(A) IN GENERAL.--Except as provided in subparagraph (B), the Director shall ensure that all real properties selected for disposal under this section are listed on a website that shall--
"(i) be updated routinely; and
"(ii) include the functionality to allow any member of the public, at the option of the member, to receive updates of the list through electronic mail.
"(B) NATIONAL SECURITY EXEMPTION.--The Director may, for purposes of national security, exclude from listing on the website under subparagraph (A) any real property selected for disposal under this section.
"(b) Use of Proceeds.--
"(1) IN GENERAL.--Proceeds received from the disposal of any real property shall be retained and distributed in accordance with paragraphs (2) and (3).
"(2) AGENCIES THAT MAY RETAIN PROCEEDS.--With respect to a landholding agency that, as of the date of enactment of this subchapter, has statutory authority to retain full monetary proceeds from the disposal of real property--
"(A) nothing in this subsection affects the authority of such a landholding agency to retain those full monetary proceeds; but
"(B) the proceeds so retained--
"(i) shall be used--
"(I) by not later than 1 year after the date of disposal of the real property; and
"(II) only for activities relating to Federal real property asset management and disposal; and
"(ii) if not used by the date described in clause (i)(I), shall be returned to the general fund of the Treasury for debt reduction purposes.
"(3) AGENCIES THAT DO NOT RETAIN PROCEEDS.--With respect to a landholding agency that, as of the date of enactment of this subchapter, does not have statutory authority to retain full monetary proceeds from the disposal of real property--
"(A) the landholding agency--
"(i) may retain not more than 25 percent of the proceeds from the disposal of real property under this subchapter;
"(ii) shall use those proceeds--
"(I) by not later than 1 year after the date of disposal of the real property; and
"(II) only for activities relating to Federal real property asset management and disposal; and
"(iii) shall return amounts remaining unexpended after the date described in clause (ii)(I) to the general fund of the Treasury for debt reduction purposes; and
"(B) the remainder of those proceeds shall be deposited in the Treasury for debt reduction purposes.
"(c) Enforcement.--
"(1) IN GENERAL.--Except as provided in paragraph (2), if the surplus real properties described in subsection (a) are not disposed of as required under this section by September 30, 2015, no landholding agency may acquire 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 real properties.
"(2) WAIVER.--Paragraph (1) shall not apply to a landholding agency until such date as--
"(A) the landholding agency submits to the Director and the Committees on Environment and Public Works and Homeland Security and Governmental Affairs of the Senate and the Committees on Transportation and Infrastructure and Oversight and Government Reform of the House of Representatives a written justification describing the reasons why the surplus real properties described in subsection (a) under the jurisdiction of the landholding agency were not disposed of; and
"(B) Congress enacts a law approving the waiver.".
(b) 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--EXPEDITED DISPOSAL OF REAL PROPERTY

"Sec.
"621. Definitions.
"622. Establishment of a Federal Real Property Council.
"623. Duties of executive agencies.
"624. Database.
"625. Disposal program.".
(c) Report of the Comptroller General.--Not later than 5 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the use by executive agencies of the authorities provided by this Act and amendments made by this Act.
(As printed in the Congressional Record for the Senate on Apr 7, 2011.)