[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1667 Reported in Senate (RS)]






                                                       Calendar No. 631
110th CONGRESS
  2d Session
                                S. 1667

                          [Report No. 110-279]

To establish a pilot program for the expedited disposal of Federal real 
                               property.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2007

Mr. Carper (for himself and Mr. Coburn) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                             April 7, 2008

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. FEDERAL REAL PROPERTY DISPOSAL PILOT 
              PROGRAM.</DELETED>

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

         <DELETED>``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL 
                           PROPERTY</DELETED>

<DELETED>``Sec. 621. Pilot program</DELETED>
<DELETED>    ``(a) The Director of the Office of Management and Budget 
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.</DELETED>
<DELETED>    ``(b) For purposes of this subchapter, the Director shall 
identify criteria for determining whether real property is not meeting 
Federal Government needs.</DELETED>
<DELETED>    ``(c) The Federal Real Property Disposal Pilot Program 
shall terminate 5 years after the date of the enactment of this 
subchapter.</DELETED>
<DELETED>``Sec. 622. Selection of real properties</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>``Sec. 623. Expedited disposal requirements</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(e) Any expedited disposal of a real property conducted 
under this section shall not be subject to--</DELETED>
        <DELETED>    ``(1) subchapter IV of this chapter;</DELETED>
        <DELETED>    ``(2) sections 550 and 553 of title 40, United 
        States Code;</DELETED>
        <DELETED>    ``(3) section 501 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11411);</DELETED>
        <DELETED>    ``(4) any other provision of law authorizing the 
        no-cost conveyance of real property owned by the Federal 
        Government; or</DELETED>
        <DELETED>    ``(5) any congressional notification requirement 
        other than that in section 545 of this title.</DELETED>
<DELETED>``Sec. 624. Special rules for deposit and use of proceeds from 
              expedited disposals</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) After payment of such administrative costs, the 
balance of the proceeds shall be distributed as follows:</DELETED>
        <DELETED>    ``(1) 80 percent shall be deposited into the 
        Treasury as miscellaneous receipts.</DELETED>
        <DELETED>    ``(2) 20 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.''.</DELETED>
<DELETED>    (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:</DELETED>

    <DELETED> ``subchapter vii--expedited disposal of real property

<DELETED>``Sec. 621. Pilot program.
<DELETED>``Sec. 622. Selection of real properties.
<DELETED>``Sec. 623. Expedited disposal requirements.
<DELETED>``Sec. 624. Special rules for deposit and use of proceeds from 
                            expedited disposals.''.

</DELETED>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. Definitions
    ``In this subchapter:
            ``(1) Director.--The term `Director' means the Director of 
        the Office of Management and Budget.
            ``(2) Expedited disposal of a real property.--The term 
        `expedited disposal of a real property' means a demolition of 
        real property or a sale of real property for cash that is 
        conducted under the requirements of section 545.
            ``(3) Landholding agency.--The term `landholding agency' 
        means a landholding agency as defined under section 501(i)(3) 
        of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11411(i)(3)).
            ``(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 under clause 
                        (i).
                    ``(B) Exclusion.--The term `real property' excludes 
                any parcel of real property or 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 (part A of title XXIX of Public 
                Law 101-510; 10 U.S.C. 2687 note).
            ``(5) Representative of the homeless.--The term 
        `representative of the homeless' means a representative of the 
        homeless as defined under section 501(i)(4) of the McKinney-
        Vento Homeless Assistance Act (42 U.S.C. 11411(i)(4)).
``Sec. 622. Pilot program
    ``(a) The Director of the Office of Management and Budget 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) The Federal Real Property Disposal Pilot Program shall 
terminate 5 years after the date of the enactment of this subchapter.
``Sec. 623. Selection of real properties
    ``(a) Agencies shall recommend candidate disposition real 
properties to the Director for participation in the pilot program 
established under section 622.
    ``(b) The Director, with the concurrence of the head of the 
executive agency concerned and consistent with the criteria established 
in this subchapter, may then select such candidate real properties for 
participation in the pilot program and notify the recommending agency 
accordingly.
    ``(c) The Director shall ensure that all real properties selected 
for disposition under this section are listed on a website that shall--
            ``(1) be updated routinely; and
            ``(2) include the functionality to allow members of the 
        public, at their option, to receive such updates through 
        electronic mail.
    ``(d) The Secretary of Housing and Urban Development shall ensure 
that efforts are taken to inform representatives of the homeless 
about--
            ``(1) the pilot program established under section 622; and
            ``(2) the website under subsection (c).
    ``(e) The Secretary of Housing and Urban Development shall--
            ``(1) make available to the public upon request all 
        information (other than valuation information), regardless of 
        format, in the possession of the Department of Housing and 
        Urban Development relating to the properties listed on the 
        website under subsection (c), including environmental 
        assessment data; and
            ``(2) maintain a current list of agency contacts for making 
        referrals to inquiries for information relating to specific 
        properties.
``Sec. 624. Suitability determination
    ``(a) After the Director selects the candidate real properties that 
may participate in the pilot program under section 623, the Secretary 
of Housing and Urban Development shall determine whether each such real 
property is suitable for use to assist the homeless.
    ``(b) The Secretary of Housing and Urban Development shall base the 
suitability determination required under subsection (a)--
            ``(1) on the suitability criteria identified by the 
        Secretary of Housing and Urban Development under section 501(a) 
        of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11411(a));
            ``(2) for real properties located within a Federal 
        installation, campus, or compound, on whether such property can 
        easily be transported to an off-site location; and
            ``(3) for real properties where the predominant use is 
        other than housing, on whether the size of the real property is 
        equal to or greater than 100,000 square feet.
    ``(c) Immediately after a determination of suitability is made 
under this section, the Director shall publish, on the website 
described in section 623(c) the following information:
            ``(1) The address of each such real property.
            ``(2) The result of the suitability determination required 
        under subsection (a) for each such real property.
            ``(3) The date on which the suitability determination was 
        made.
``Sec. 625. Unsuitable real property
    ``(a) If a real property is determined unsuitable under section 
624, such real property may not be disposed of or otherwise used for 
any other purpose for at least 20 days after such determination was 
made.
    ``(b)(1) Not later than 20 days after a real property has been 
determined unsuitable under section 624 and before disposal of the real 
property in accordance with subsection (d), any representative of the 
homeless may appeal to the Secretary of Housing and Urban Development 
for a secondary review of such determination.
    ``(2) Not later than 20 days after a real property has been 
determined unsuitable under subsection (b)(3) of section 624, the 
Secretary of Housing and Urban Development shall deem such real 
property suitable notwithstanding the requirements of that subsection 
if a representative of the homeless has produced clear and convincing 
evidence that such property can be utilized for the benefit of the 
homeless. Any determination under this paragraph shall be committed to 
the unreviewable discretion of the Secretary of Housing and Urban 
Development.
    ``(c) Not later than 20 days after the receipt of any appeal under 
subsection (b), the Secretary of Housing and Urban Development shall 
respond to such appeal and shall make a final suitability determination 
regarding the real property.
    ``(d)(1) If at the end of the 20-day period required under 
subsection (a), no appeal for review of a determination of 
unsuitability is received by the Secretary of Housing and Urban 
Development, such real property shall be disposed of in accordance with 
section 627.
    ``(2) If after conducting a secondary review of a determination of 
unsuitability under subsection (b), the Secretary of Housing and Urban 
Development determines that the real property remains unsuitable under 
subsection (c), such real property shall be disposed of in accordance 
with section 627.
    ``(3) If after conducting a secondary review of a determination of 
unsuitability under subsection (b), the Secretary of Housing and Urban 
Development determines that the real property is suitable under 
subsection (c), such real property shall be treated as suitable 
property for purposes of section 626.
``Sec. 626. Suitable real property
    ``(a)(1) If a real property is determined suitable under section 
624 or upon a secondary review under section 625(d), any representative 
of the homeless shall have not more than 90 days after such 
determination to submit an application to the Secretary of Health and 
Human Services for the transfer of the real property to that 
representative. If an application cannot be completed within the 90-day 
period due to non-material factors, the Secretary of Health and Human 
Services, with the concurrence of the appropriate landholding agency, 
may grant reasonable extensions.
    ``(2) If at the end of the time period described under paragraph 
(1), no representative of the homeless has submitted an application, 
such real property shall be disposed of in accordance with section 627.
    ``(b)(1) Not later than 20 days after the receipt of any 
application under subsection (a)(1), the Secretary of Health and Human 
Services shall assess such application and determine whether to approve 
or deny the request for the transfer of the real property to such 
applicant.
    ``(2) If the application of a representative of the homeless is 
denied by the Secretary of Health and Human Services under paragraph 
(1), such real property shall be disposed of in accordance with section 
627.
    ``(3) If the application of a representative of the homeless is 
approved by the Secretary of Health and Human Services under paragraph 
(1), such real property shall be made promptly available to that 
representative by permit or lease, or by deed, as a public health use 
under subsections (a) through (d) of section 550.
``Sec. 627. Expedited disposal requirements
    ``(a) Real property sold under the pilot program established under 
this subchapter shall 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 such disposal may not exceed 
the fair market value of the property unless the Director approves 
incurring such costs.
    ``(b) A real property may be sold under the pilot program 
established under this subchapter only if the property will generate 
monetary proceeds to the Federal Government, as provided in subsection 
(a). 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.
    ``(c) 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 (d).
    ``(d) Any expedited disposal of a real property conducted under 
this subchapter shall not be subject to--
            ``(1) subchapter IV of this chapter;
            ``(2) sections 550 and 553 of this title;
            ``(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.
``Sec. 628. Special rules for deposit and use of proceeds from disposal 
              of real property
    ``(a) Agencies that conduct the disposal of real properties under 
this subchapter shall be reimbursed from the proceeds, if any, from 
such disposal for the administrative expenses associated with such 
disposal. Such amounts shall be credited as offsetting collections to 
the account that incurred such expenses, to remain available until 
expended.
    ``(b)(1) After payment of such administrative costs, the balance of 
the proceeds shall be distributed as follows:
            ``(A) 80 percent shall be deposited into the Treasury as 
        miscellaneous receipts.
            ``(B) 20 percent shall be deposited into the account of the 
        agency that owned the real property and initiated the disposal 
        action.
    ``(2) Funds deposited under paragraph (1)(B) shall remain available 
until expended 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.
``Sec. 629. Limitation on number of permissible cash sales
    ``The total number of cash sales of real properties to be disposed 
of under this subchapter over the 5-year term of the Federal Real 
Property Disposal Pilot Program shall not exceed 750.
``Sec. 630. Government Accountability Office study
    ``(a) Not later than 36 months after the date of enactment of this 
subchapter, the Comptroller General of the United States shall submit 
to Congress and make publicly available a study of the effectiveness of 
the pilot program.
    ``(b) The study described under subsection (a) shall include at a 
minimum--
            ``(1) recommendations for permanent reforms to statutes 
        governing real property disposals and no cost conveyances; and
            ``(2) recommendations for improving the permanent process 
        by which Federal properties are made available for use by the 
        homeless.''.
    (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.
``Sec. 622. Pilot program.
``Sec. 623. Selection of real properties.
``Sec. 624. Suitability determination.
``Sec. 625. Unsuitable real property.
``Sec. 626. Suitable real property.
``Sec. 627. Expedited disposal requirements.
``Sec. 628. Special rules for deposit and use of proceeds from disposal 
                            of real property.
``Sec. 629. Limitation on number of permissible cash sales.
``Sec. 630. Government Accountability Office study.''.
                                                       Calendar No. 631

110th CONGRESS

  2d Session

                                S. 1667

                          [Report No. 110-279]

_______________________________________________________________________

                                 A BILL

To establish a pilot program for the expedited disposal of Federal real 
                               property.

_______________________________________________________________________

                             April 7, 2008

                       Reported with an amendment