[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5535 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5535
To establish a pilot program for the expedited disposal of Federal real
property.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 16, 2010
Mr. Chaffetz introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To establish a pilot program for the expedited disposal of Federal real
property.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FEDERAL REAL PROPERTY DISPOSAL PILOT PROGRAM.
(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
``Sec. 621. Pilot program
``(a) The Director of the Office of Management and Budget (in this
subchapter referred to as the `Director') shall conduct a pilot
program, to be known as the `Federal Real Property Disposal Pilot
Program', under which real property that is not meeting Federal
Government needs may be disposed of in accordance with this subchapter.
``(b) For purposes of this subchapter, the Director shall identify
criteria for determining whether real property is not meeting Federal
Government needs.
``(c) For the fiscal years 2010 through 2019, the Director shall
dispose of real property generating proceeds of not less
$19,000,000,000 under the Federal Real Property Disposal Pilot Program.
``(d) The Director shall not include for purposes of the Federal
Real Property Pilot 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).
``(e) The Federal Real Property Disposal Pilot Program shall
terminate on September 30, 2019.
``Sec. 622. Selection of real properties
``Agencies will recommend candidate disposition properties to the
Director for participation in the pilot program. The Director, with the
concurrence of the head of the executive agency concerned and
consistent with the criteria established in section 621, may then
select such candidate properties for participation in the pilot program
and notify the recommending agency accordingly.
``Sec. 623. Expedited disposal requirements
``(a) For purposes of the pilot program, an `expedited disposal of
a real property' is a sale of real property for cash that is conducted
pursuant to the requirements of section 545 of this title.
``(b) Real property sold under the pilot program must be sold at
not less than the fair market value as determined by the Director 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 Director approves incurring such costs.
``(c) A real property may be sold under the pilot program only if
the property will generate monetary proceeds to the Federal Government,
as provided in subsection (b). A disposal of real property under the
pilot program may not include any exchange, trade, transfer,
acquisition of like-kind property, or other non-cash transaction as
part of the disposal.
``(d) Nothing in this subchapter 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 subsection (e).
``(e) Any expedited disposal of a real property conducted under
this section shall not be subject to--
``(1) subchapter IV of this chapter;
``(2) sections 550 and 553 of title 40, United States Code;
``(3) section 501 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11411);
``(4) any other provision of law authorizing the no-cost
conveyance of real property owned by the Federal Government; or
``(5) any congressional notification requirement other than
that in section 545 of this title.
``Sec. 624. Special rules for deposit and use of proceeds from
expedited disposals
``(a) Agencies that conduct expedited disposals of real properties
under this subchapter shall be reimbursed from the proceeds for the
administrative expenses associated with the disposal of such
properties. Such amounts will be credited as offsetting collections to
the account that incurred such expenses, to remain available until
expended without further appropriations.
``(b) After payment of such administrative costs, the balance of
the proceeds shall be distributed as follows:
``(1) Eighty percent shall be deposited into the Treasury
as miscellaneous receipts.
``(2) 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 pilot
program, for activities related to Federal real property
capital improvements and disposal activities. Upon termination
of the pilot program, any unobligated amounts shall be
transferred to the general fund of the Treasury.''.
(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 item relating to section 611 the following:
``subchapter vii--expedited disposal of real property
``Sec. 621. Pilot program.
``Sec. 622. Selection of real properties.
``Sec. 623. Expedited disposal requirements.
``Sec. 624. Special rules for deposit and use of proceeds from
expedited disposals.''.
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