H.R. 328: Excess Federal Building and Property Disposal Act of 2013

H.R. 328

Excess Federal Building and Property Disposal Act of 2013

February 25, 2013 (113th Congress, 1st Session)

Staff Contact

Floor Situation

On Monday, February 25, 2013, the House is scheduled to consider H.R. 328, the Excess Federal Building and Property Disposal Act, under a suspension of the rules. The bill was introduced on January 22, 2013 by Rep. Jason Chaffetz (R-UT) and referred to the Committee on Oversight and Government Reform, which held a mark up and reported the bill by voice vote on XXXX, XXXX.

Bill Summary

H.R. 328 requires the Director of the Office of Management and Budget (OMB) to conduct a Federal Real Property Disposal Pilot Program for the expedited disposal of real property that is not meeting federal government needs. The bill requires the Director, for the five years following enactment, to maintain a list of 15 federal properties which are available for immediate public auction. Within 15 days of any property disposed under the program, H.R. 328 requires the Director to designate a new property to be added, maintaining 15 properties available for sale.  The bill 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 Realignment and Closure Act of 1990.

Identical legislation, H.R. 665, passed the House in the 112th Congress by a recorded vote of 403-0 (Roll no. 114).  For further information, please click here.


According to CRS[1], in FY 2010 the government owned and maintained 77,700 buildings that were classified as either underutilized or not utilized at a cost of $1.67 billion.  There are a number of barriers to the efficient disposal of these properties, including current statutes that require the properties to first be offered to other federal agencies, then to state and local governments before being authorized to be placed on the open market.  H.R. 328 requires OMB to maintain a list of 15 federal properties, designated by OMB and GSA, which would then be allowed to skip these statutory requirements and be offered immediately for public auction.

Unlike other proposals, this bill does not set up an additional Commission to implement the program and would require no further Congressional action.


There is no CBO score currently available.  However, CBO previously scored H.R. 665 in the 112th Congress, estimating that, “implementing H.R. 665 would cost $2 million over the 2012-2017 period for additional administrative and reporting costs related to property disposal, assuming the availability of appropriated funds. Enacting the bill would affect direct spending by increasing both receipts from property sales and spending of those receipts; therefore, pay-as-you-go procedures apply. CBO estimates, however, that any net change in direct spending would not be significant in any year. Enacting the legislation would not affect revenues.”

It should be noted that the CBO score does not account for future savings gained from the consolidation and sale of federal property.