S.Amdt. 1747

1. Adds SEC. 40313. TRANSFER OF ALL UNOBLIGATED FUNDS WITHIN THE ALTERNATIVE TECHNOLOGY VEHICLES MANUFACTURING (ATVM) LOAN GUARANTEE PROGRAM AT THE DEPARTMENT OF ENERGY INTO THE HIGHWAY TRUST FUND at the end of division D

   Adds a section

   Inserted: SEC. 40313. TRANSFER OF ALL UNOBLIGATED FUNDS WITHIN THE ALTERNATIVE TECHNOLOGY VEHICLES MANUFACTURING (ATVM) LOAN GUARANTEE PROGRAM AT THE DEPARTMENT OF ENERGY INTO THE HIGHWAY TRUST FUND.

   Inserted: Subsection (f) of section 9503 of the Internal Revenue Code of 1986, as amended by this Act, is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph:

   Inserted: "(5) Transfer of all unobligated funds within the alternative technology vehicles manufacturing (atvm) loan guarantee program at the department of energy into the highway trust fund.--All unobligated funds within the Alternative Technology Vehicles Manufacturing (ATVM) loan guarantee program established under section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) are rescinded on the date of the enactment of the Highway Investment, Job Creation, and Economic Growth Act of 2012 and out of money in the Treasury not otherwise appropriated, there are hereby appropriated to the Highway Trust Fund amounts equivalent to the amount of such rescission.".

   Inserted: SEC. 40314. TRANSFER OF 1 PERCENT OF AMOUNTS ATTRIBUTABLE TO CUSTOMS DUTIES INTO THE HIGHWAY TRUST FUND.

   Inserted: Section 9503(b) of the Internal Revenue Code of 1986, as amended by this Act, is further amended by adding at the end the following:

   Inserted: "(9) Additional customs duties.--In addition to the amounts appropriated pursuant to paragraph (8), there are hereby appropriated to the Highway Trust Fund amounts equivalent to 1 percent of amounts received in the Treasury that are attributable to duties collected on or after the date of the enactment of the Highway Investment, Job Creation, and Economic Growth Act of 2012, on articles classified under all subheadings of the Harmonized Tariff Schedule of the United States other than subheadings 8703.22.00 and 8703.24.00.".

   Inserted: TITLE IV--REAL PROPERTY

   Inserted: SEC. 40401. EXPEDITED DISPOSAL OF EXCESS FEDERAL PROPERTY.

   Inserted: (a) In General.--Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following:

   Inserted: "SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY

   Inserted: "Sec. 621. Definitions "In this subchapter:

   Inserted: "(1) Administrator.--The term 'Administrator' means the Administrator of General Services.

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   Inserted: "(2) Expedited disposal of real property.--The term 'expedited disposal of real property' means a sale of real property for cash that is conducted by public auction.

   Inserted: "(3) Program.--The term 'program' means the Federal Real Property Disposal Program established and carried out by the Administrator under this subchapter.

   Inserted: "Sec. 622. Federal Real Property Disposal Program

   Inserted: "(a) Establishment of Program.--The Administrator shall establish and carry out a program, to be known as the 'Federal Real Property Disposal Program', under which excess real property that is not meeting Federal Government needs may be disposed of through an expedited disposal of real property, in accordance with this subchapter.

   Inserted: "(b) Criteria for Program.--For purposes of this subchapter, the Administrator shall identify criteria for use in determining whether real property is not meeting Federal Government needs.

   Inserted: "(c) Proceeds Requirement.--For each fiscal year, beginning with fiscal year 2013, the Administrator shall dispose of real property generating proceeds of not less $3,000,000,000 under the program.

   Inserted: "Sec. 623. Selection of real properties

   Inserted: "(a) In General.--The head of each executive agency shall recommend candidate disposition properties to the Administrator for participation in the program.

   Inserted: "(b) Selection.--After receiving recommendations for candidate disposition properties under subsection (a), the Administrator, consistent with the criteria established under section 622, shall--

   Inserted: "(1) select candidate properties for participation in the program; and

   Inserted: "(2) notify the recommending agency accordingly.

   Inserted: "Sec. 624. Expedited disposal requirements

   Inserted: "(a) Fair Market Value Requirement.--

   Inserted: "(1) In general.--Real property under the program may not be sold for less than the fair market value of the real property, as determined by the Administrator, in consultation with the head of the executive agency.

   Inserted: "(2) Costs.--Costs associated with disposal may not exceed the fair market value of the property unless the Administrator approves incurring such costs.

   Inserted: "(b) Monetary Proceeds Requirement.--

   Inserted: "(1) In general.--Real property may be sold under the program only if the sale will generate monetary proceeds to the Federal Government, as provided in subsection (a).

   Inserted: "(2) Prohibition on noncash transactions.--A disposal of real property under the program may not include any exchange, trade, transfer, acquisition of like-kind property, or other noncash transactions as part of the disposal.

   Inserted: "(c) Lease Back Prohibition.--Real property sold under the program may not be leased back to the Federal Government.

   Inserted: "(d) Construction.--Except as provided in subsection (e), nothing in this subchapter terminates or limits any authority that is otherwise available to agencies under other provisions of law to dispose of Federal real property.

   Inserted: "(e) Expedited Disposal of Real Property Exceptions.--Any expedited disposal of a real property conducted under this subchapter shall not be subject to--

   Inserted: "(1) subchapter IV;

   Inserted: "(2) sections 550 and 553;

   Inserted: "(3) section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411);

   Inserted: "(4) any other provision of law authorizing the no-cost conveyance of real property owned by the Federal Government; or

   Inserted: "(5) any congressional notification requirement other than that in section 545.

   Inserted: "Sec. 625. Asset Proceeds and Space Management Fund

   Inserted: "(a) In General.--There is established within the Federal Buildings Fund established under section 592 an account to be known as the 'Asset Proceeds and Space Management Fund', to be administered by the Administrator.

   Inserted: "(b) Amounts in Fund.--Notwithstanding section 3307, the following amounts shall be deposited in the Asset Proceeds and Space Management Fund and are appropriated and shall remain available until expended for the following specified purposes:

   Inserted: "(1) Appropriated amounts.--Such amounts as are provided in appropriations Acts, to remain available until expended, for--

   Inserted: "(A) expedited disposal of property described in this subchapter;

   Inserted: "(B) the consolidation, colocation, exchange, redevelopment, and reconfiguration of space; and

   Inserted: "(C) other actions.

   Inserted: "(2) Gross proceeds.--

   Inserted: "(A) In general.--Gross proceeds shall be divided between the general fund of the Treasury and the Asset Proceeds and Space Management Fund within the Federal Buildings Fund as described in subparagraph (B).

   Inserted: "(B) Distribution.--At the end of each fiscal year, the Director of the Office of Management and Budget, in consultation with the Administrator, shall determine how gross proceeds shall be distributed, through transfer, between the general fund and the Asset Proceeds and Space Management Fund, except that--

   Inserted: "(i) the general fund shall receive 100 percent of the gross proceeds for a fiscal year until the total amount of net proceeds under this subchapter for that fiscal year exceeds $50,000,000;

   Inserted: "(ii) the Asset Proceeds and Space Management Fund shall receive 10 percent of the gross proceeds for a fiscal year after application of clause (i); and

   Inserted: "(iii) the general fund shall receive the remainder of proceeds for a fiscal year after applying the reductions under clauses (i) and (ii).".

   Inserted: (b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the items relating to subchapter VI the following:

   Inserted: "subchapter vii--expedited disposal of real property "621. Definitions.

   Inserted: "622. Federal Real Property Disposal Program.

   Inserted: "623. Selection of real properties.

   Inserted: "624. Expedited disposal requirements.

   Inserted: "625. Asset Proceeds and Space Management Fund.".

   Inserted: (c) Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.--Section 120(h)(3)(C)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)(C)(i)) is amended--

   Inserted: (1) by striking ", with the concurrence of the Governor of the State in which the facility is located (in the case of real property at a Federal facility that is listed on the National Priorities List), or the Governor of the State in which the facility is located (in the case of real property at a Federal facility not listed on the National Priorities List)";

   Inserted: (2) by adding "and" at the end of subclause (II);

   Inserted: (3) by striking subclause (III); and

   Inserted: (4) by redesignating subclause (IV) as subclause (III).

   Inserted: SEC. 40402. DOWNWARD CAP ADJUSTMENTS TO ENFORCE SALES OF FEDERAL CIVILIAN REAL PROPERTY.

   Inserted: Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph:

   Inserted: "(E) Sales of federal civilian real property.--

   Inserted: "(i) If--

   Inserted: "(I) the total cash proceeds from Sales of Federal civilian real property at the end of fiscal year 2013 are less than $2,000,000,000, then there shall be a downward adjustment in the discretionary category for fiscal year 2014 by the amount of such shortfall; and

   Inserted: "(II) for each of fiscal years 2014 through 2020, the total cash proceeds from sales of Federal civilian real property are less than $7,000,000,000, then there shall be a downward adjustment in the discretionary category by the amount of such shortfall in the following fiscal year.

   Inserted: "(ii) If the discretionary spending limits set forth in subsection (c) have been revised pursuant to section 251A, adjustments made pursuant to clause (i) shall only be made to the revised non-security category set forth for each of fiscal years 2014 through 2021.

   Inserted: "(iii)(I) As used in this subparagraph, the term 'Federal civilian real property' refers to Federal real property assets, including Federal buildings as defined in section 3301 of title 40, United States Code, occupied and improved grounds, leased space, or other physical structures under the custody and control of any Federal agency.

   Inserted: "(II) Subclause (I) shall not be construed as including any of the following types of property:

   Inserted: "(aa) Properties that are excluded for reasons of national security by the Secretary of Defense.

   Inserted: "(bb) Properties that are excepted from the definition of 'property' under section 102(9) of title 40, United States.".

   Original wording

   In division D, at the end, add the following:

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As printed