Restoring America's Faith and Trust Act - Makes rescissions in the discretionary budget authority for FY2012-FY2014. Limits increases in total new budget authority after FY2013 to the percentage by which the U.S. gross domestic product increases from the previous year.
Directs the Office of Management and Budget (OMB) to take appropriate measures to ensure that the total number of federal employees does not exceed the total number of such employees as of October 1, 2007. Requires such reduction to be achieved through voluntary separation of employees. Allows the President to waive requirements for the reduction of the federal workforce upon a determination that the existence of a state of war or other national security concern or the existence of an extraordinary emergency threatening life, health, public safety, property, or the environment so requires.
Requires the Administrator of the General Services Administration (GSA) to conduct a Federal Real Property Disposal Program for the disposal of surplus real property.
Requires the Secretary of the Interior to offer for sale at fair market value certain lands under the jurisdiction of the Secretary that are located in states where more than 50% of the total land area is federally-owned. Requires the net proceeds from the sale of such lands to be used for the reduction of the public debt.
Requires the Director of OMB to submit a plan to Congress for the phased-in expiration of all federal programs every three years. Requires any federal program scheduled to expire to be reauthorized by an act of Congress.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3494 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3494
To restore faith and trust in the United States economy and financial
system by reducing Federal spending, reducing the size of the Federal
workforce, liquidating certain property and assets of the Federal
Government, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2011
Mr. Heck introduced the following bill; which was referred to the
Committee on Oversight and Government Reform, and in addition to the
Committees on Appropriations, the Budget, and Natural Resources, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To restore faith and trust in the United States economy and financial
system by reducing Federal spending, reducing the size of the Federal
workforce, liquidating certain property and assets of the Federal
Government, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Restoring
America's Faith and Trust Act''.
(b) Findings.--Congress finds the following:
(1) The Federal budget deficit has unsustainably been more
than $1 trillion for each of fiscal years 2009, 2010, and 2011.
(2) The credit rating of the debt of the United States has
been downgraded from AAA to AA+ by Standard and Poor's.
(3) The United States needs to take necessary and immediate
action to stabilize the debt burden of the Federal government.
(4) Congress is obligated to enact policy that restores
America's faith and trust.
SEC. 2. REDUCTION OF FEDERAL SPENDING.
(a) Rescissions.--
(1) Fiscal year 2012.--Of the discretionary budget
authority provided for fiscal year 2012 in all appropriations
Acts, 50 percent of the amount that exceeds the discretionary
budget authority for fiscal year 2006 in all appropriations
Acts is rescinded.
(2) Fiscal year 2013.--On October 1, 2012, of the
discretionary budget authority provided for fiscal year 2013 in
all appropriations Acts, any amount that exceeds the
discretionary budget authority provided for fiscal year 2006 in
all appropriations Acts is rescinded.
(3) Fiscal year 2014.--On October 1, 2013, of the
discretionary budget authority provided for fiscal year 2014 in
all appropriations Acts, any amount that exceeds the
discretionary budget authority provided for fiscal year 2006 in
all appropriations Acts is rescinded.
(b) Subsequent Appropriation Laws.--In the case of any fiscal year
2012, 2013, or 2014 appropriation Act enacted after the enactment of
this section, any rescission required by subsections (a)(1), (a)(2), or
(a)(3) shall take effect immediately after the enactment of such Act.
(c) OMB Report.--Within 30 days after the enactment of any fiscal
year 2012, 2013, or 2014 appropriations Act, the Director of the Office
of Management and Budget shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
specifying the account and amount of each rescission made pursuant to
subsection (a).
(d) Limitation on Spending Increases.--
(1) In general.--For any fiscal year beginning after fiscal
year 2013, the total new budget authority provided for such
fiscal year shall not increase from the previous fiscal year
level at a rate that is greater than the percentage by which
the gross domestic product of the United States increases from
such previous year. If there is no increase in gross domestic
product, the total new budget authority for a fiscal year shall
not be higher than the previous fiscal year level.
(2) Measurement of gdp.--For purposes of applying paragraph
(1) to a fiscal year, the Bureau of Economic Analysis of the
Department of Commerce shall determine the gross domestic
product before the start of the second quarter of the previous
fiscal year.
SEC. 3. REDUCTION OF THE FEDERAL WORKFORCE THROUGH VOLUNTARY
SEPARATION.
(a) Limitation.--The President, through the Office of Management
and Budget (in consultation with the Office of Personnel Management),
shall take appropriate measures to ensure that the total number of
Federal employees (as determined under subsection (b)) shall not exceed
the total number of Federal employees as of October 1, 2007 (as so
determined). The reduction of employees from the civil service (as that
term is defined in section 2101 of title 5, United States Code)
required under this subsection shall be achieved only through voluntary
separation of such an employee. Nothing in this section shall be
construed to prevent an agency from separating an employee for any
other permissible reason.
(b) Monitoring and Notification.--The Office of Management and
Budget (in consultation with the Office of Personnel Management)--
(1) shall continuously monitor all agencies and make a
determination, as of 90 days after the date of enactment of
this section, and the last day of each quarter of each fiscal
year beginning thereafter, as to whether or not the total
number of Federal employees exceeds the maximum number
allowable under subsection (a); and
(2) whenever a determination under paragraph (1) is made
that the total number of Federal employees exceeds the maximum
number allowable under subsection (a), shall provide written
notice to that effect to the President and Congress within 14
days after the last day of the quarter to which such
determination relates.
(c) Compliance.--Whenever the Office of Management and Budget
provides written notice under subsection (b)(2) that the total number
of Federal employees exceeds the maximum number allowable under
subsection (a), no agency may thereafter appoint any employee to fill
any vacancy within such agency until the Office of Management and
Budget provides written notice to the President and Congress of a
determination under subsection (b)(1) that the total number of Federal
employees no longer exceeds the maximum number allowable under
subsection (a). Any notice under the preceding sentence shall be
provided within 14 days after the last day of the quarter to which the
determination relates.
(d) Waiver.--
(1) Emergencies.--This section may be waived upon a
determination by the President that--
(A) the existence of a state of war or other
national security concern so requires; or
(B) the existence of an extraordinary emergency
threatening life, health, public safety, property, or
the environment so requires.
(2) Agency efficiency or critical mission.--This section
may be waived, with respect to a particular position or
category of positions in an agency, upon a determination by the
President and Congress that the efficiency of the agency or the
performance of a critical agency mission so requires.
(e) Counting Rule.--For purposes of this section, any determination
of the number of employees in an agency shall be expressed on a full-
time equivalent basis.
(f) Limitation on Procurement of Service Contracts.--The President,
through the Office of Management and Budget (in consultation with the
Office of Personnel Management), shall take appropriate measures to
ensure that there is no increase in the procurement of service
contracts by reason of the enactment of this section, except--
(1) in cases in which a cost comparison demonstrates that
such contracts would be to the financial advantage of the
Government;
(2) in the case of an extraordinary emergency threatening
life, health, public safety, property, or the environment; or
(3) in cases in which agency efficiency or the performance
of a critical agency mission so requires.
(g) Regulations.--Any regulations necessary to carry out this
section may be prescribed by the President or his designee.
(h) Definitions.--For the purpose of this section--
(1) the term ``total number of Federal employees'' means
the total number of Federal employees in all agencies;
(2) the term ``Federal employee'' means an employee as
defined by section 2105 of title 5, United States Code; and
(3) the term ``agency'' means an Executive agency as
defined by section 105 of title 5, United States Code,
excluding the Government Accountability Office.
SEC. 4. FEDERAL REAL PROPERTY DISPOSAL PROGRAM.
(a) Expedited Disposal of Real Property.--The Administrator of
General Services (in this section referred to as the
``Administrator''), in consultation with the Director of the Office of
Management and Budget (in this section referred to as the
``Director''), shall conduct a program, to be known as the ``Federal
Real Property Disposal Program'', under which surplus real property may
be disposed of in accordance with this section.
(b) Surplus Property Database.--Not later than 90 days after the
date of the enactment of this Act, the Administrator, in consultation
with the Director, shall establish and maintain a database of all
surplus real property and make such database available to the public.
(c) Disposal.--
(1) In general.--The Administrator shall--
(A) not later than September 30 of each year,
submit to Congress a report on the total fair market
value of all surplus real property for that fiscal
year;
(B) based on the report submitted pursuant to
subparagraph (A), dispose of 97% of such total fair
market value of surplus real property under the Federal
Real Property Disposal Program during the following
fiscal year; and
(C) make such property available for sale to State
and local governments and to the public, in accordance
with paragraph (2).
(2) Expedited disposal requirements.--
(A) Expedited disposal of real property defined.--
For purposes of the Federal Real Property Disposal
Program, an ``expedited disposal of real property'' is
a sale of surplus real property for cash that is
conducted pursuant to the requirements of section 545
of title 40, United States Code.
(B) Fair market value requirement.--Real property
sold under the program must be sold at not less than
the fair market value as determined by the
Administrator in consultation with the head of the
executive agency. Costs associated with disposal may
not exceed the fair market value of the property unless
the Administrator approves incurring such costs.
(C) Monetary proceeds requirement.--Real property
may be sold under the program only if the property will
generate monetary proceeds to the Federal Government,
as provided in subparagraph (B). A disposal of real
property under the program may not include any
exchange, trade, transfer, acquisition of like-kind
property, or other non-cash transaction as part of the
disposal.
(D) Purchase by state or local government and the
public.--
(i) State or local government.--The
Administrator shall make real property under
the program first available for sale to State
and local governments for a period of 45 days.
(ii) Public sale.--After the expiration of
the period described in clause (i), if the
Administrator has received no offer from a
State or local government to purchase real
property under the program, the Administrator
shall make such property available for sale to
the public.
(iii) Extension.--If the Administrator
receives an offer from a State or local
government during the period described in
clause (i), the Administrator may have an
additional 30 days from the expiration of the
period described in clause (i) to finalize the
sale. After the expiration of the additional 30
days, the Administrator shall make such
property available for sale to the public.
(iv) State defined.--In this subparagraph,
the term ``State'' means each of the several
States, the District of Columbia, each
territory or possession of the United States,
and each federally recognized Indian tribe.
(E) Rule of construction.--Nothing in this section
shall be construed as terminating or in any way
limiting authorities that are otherwise available to
agencies under other provisions of law to dispose of
Federal real property, except as provided in
subparagraph (F).
(F) Exemption from certain requirements.--Any
expedited disposal of real property conducted under
this section shall not be subject to--
(i) subchapter IV of chapter 5 of subtitle
I of title 40, United States Code;
(ii) sections 550 and 553 of title 40,
United States Code;
(iii) section 501 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11411);
(iv) any other provision of law authorizing
the no-cost conveyance of real property owned
by the Federal Government; or
(v) any congressional notification
requirement other than that in section 545 of
title 40, United States Code.
(3) Exception.--The Director shall not include for purposes
of the Federal Real Property Disposal Program any parcel of
real property, building, or other structure located on such
real property that is to be closed or realigned under the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note).
(d) Special Rules for Deposit and Use of Proceeds From Expedited
Disposals.--
(1) Reimbursement.--Executive agencies that conduct
expedited disposals of real property under this section shall
be reimbursed from the proceeds for the administrative expenses
associated with the disposal of such property. Such amounts
will be credited as offsetting collections to the account that
incurred such expenses, to remain available until expended
subject to appropriations.
(2) Distribution of proceeds.--After payment of such
administrative costs, the balance of the proceeds shall be
distributed as follows:
(A) Eighty percent shall be deposited into the
General Fund of the Treasury for Federal budget deficit
reduction.
(B) Twenty percent shall be deposited into the
account of the agency that owned the real property and
initiated the disposal action. Such funds shall be
available without further appropriation, to remain
available for the period of the Federal Real Property
Disposal Program, for activities related to Federal
real property capital improvements and disposal
activities.
(e) Definitions.--In this section:
(1) Executive agency.--The term ``executive agency'' has
the meaning given that term under section 102(4) of title 40,
United States Code.
(2) Surplus property.--The term ``surplus property'' has
the meaning given that term under section 102(10) of title 40,
United States Code.
(3) Surplus real property.--The term ``surplus real
property'' means real property that is surplus property.
(f) Annual Report.--
(1) In general.--Not later than December 31 of each year,
the Administrator, in consultation with the Director, shall
submit a report to the congressional committees listed in
paragraph (3) based on data submitted from all executive
agencies, for the previous fiscal year, detailing executive
agency efforts to reduce real property assets and the
information required by paragraph (2).
(2) Report contents.--The report shall contain the
following information:
(A) The aggregated estimated market value and
number of real property assets under the custody and
control of all executive agencies, set forth
government-wide and by agency, and for each at the
constructed asset level and at the facility/
installation level.
(B) The aggregated estimated market value and
number of surplus and excess real property assets under
the custody and control of all executive agencies, set
forth government-wide and by agency, and for each at
the constructed asset level and at the facility/
installation level.
(C)(i) The aggregated cost for maintaining all
surplus and excess real property under the custody and
control of all executive agencies, set forth
government-wide and by agency, and for each at the
constructed asset level and at the facility/
installation level.
(ii) For purposes of clause (i), costs for real
properties owned by the Federal Government shall
include recurring maintenance and repair costs,
utilities, cleaning and janitorial costs, and roads and
grounds expenses.
(iii) For purposes of clause (i), costs for real
properties leased by the Federal Government shall
include lease costs, including base and operating rent
and any other relevant costs listed in clause (ii) not
covered in the lease contract.
(D) The aggregated estimated deferred maintenance
costs of all real property under the custody and
control of all executive agencies, set forth
government-wide and by agency, and for each at the
constructed asset level and at the facility/
installation level.
(E) For each surplus real property disposed of, an
indication of--
(i) the geographic location with address
and description of such property;
(ii) the size, including square footage and
acreage, of such property;
(iii) the date and method of disposal;
(iv) the estimated replacement value of
such property; and
(v) the proceeds obtained from the
disposition of such property.
(F) The amount of time required to fully dispose of
surplus and excess real property under the custody and
control of all executive agencies, set forth
government-wide and by agency, and for each at the
constructed asset level and at the facility/
installation level.
(G) The cost to dispose of surplus and excess real
property under the custody and control of all executive
agencies, set forth government-wide and by agency, and
for each at the constructed asset level and at the
facility/installation level.
(H) A description of whether the Administrator
disposed of 97% of the total fair market value of
surplus real property under the Federal Real Property
Disposal Program pursuant to subsection (c).
(I) Such other information as the Administrator
considers appropriate.
(3) Congressional committees.--The congressional committees
listed in this paragraph are as follows:
(A) The Committee on Oversight and Government
Reform and the Committee on Transportation and
Infrastructure of the House of Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs and the Committee on Environment
and Public Works of the Senate.
SEC. 5. SALE OF CERTAIN FEDERAL LANDS PREVIOUSLY IDENTIFIED AS SUITABLE
FOR DISPOSAL.
(a) Competitive Sale of Lands.--The Secretary shall offer the
identified Federal lands for disposal by competitive sale for not less
than fair market value as determined by an independent appraiser.
(b) Existing Rights.--The sale of identified Federal lands under
this section shall be subject to valid existing rights.
(c) Proceeds of Sale of Lands.--All net proceeds from the sale of
identified Federal lands under this section shall be deposited directly
into the Treasury for reduction of the public debt.
(d) Report.--Not later than 4 years after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate--
(1) a list of any identified Federal lands that were not
sold under subsection (a) and the reasons such lands were not
sold; and
(2) an updated inventory of all identified Federal lands.
(e) Definitions.--In this section:
(1) Identified federal lands.--
(A) The term ``identified Federal lands'' means
Federal lands that are--
(i) under the administrative jurisdiction
of the Secretary;
(ii) located in States where more than 50
percent of the total land area is federally
owned;
(iii) suitable for disposal; and
(iv) not described in subparagraph (B).
(B) The term ``identified Federal lands'' does not
include the following:
(i) Lands not identified for disposal an
the applicable land use plan.
(ii) Lands subject to a Recreation and
Public Purpose conveyance application.
(iii) Lands identified for State selection.
(iv) Lands identified for Indian tribe
allotments.
(v) Lands identified for local government
use.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 6. FEDERAL PROGRAM SUNSET.
(a) Requirement To Reauthorize Federal Programs.--Not later than 90
days after the date of the enactment of this Act, the Director of the
Office of Management shall submit a plan to Congress that provides for
the phased-in expiration of all Federal programs every three years. Any
Federal program that is scheduled to expire under the plan must be
reauthorized.
(b) No Funding Through a Continuing Resolution.--Each program that
is reauthorized pursuant to subsection (a) may not be funded through a
continuing resolution.
(c) Public Recommendation and Signed Statement.--Not later than the
date on which the head of each executive agency submits an
appropriation request for such agency under section 1108 of title 31,
United States, Code, the head of each executive agency shall--
(1) make a public recommendation for each Federal program
of such agency, including a determination for the reasons each
such program exists; and
(2) submit a signed statement to Congress for each such
Federal program as follows: ``As the head of the executive
agency responsible for this Federal program, I have reviewed
its purpose, mandate, and necessity, and I recommend that
Congress appropriate funding so that the Federal program can
continue for the next fiscal year. It is my professional
judgment that such Federal program in question serves a
significant purpose for which the United States taxpayer is
well-served in the use of such taxpayer's money to fund the
program.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Appropriations, the Budget, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Appropriations, the Budget, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Appropriations, the Budget, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Appropriations, the Budget, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
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