1.Federal real property
disposal pilot program
(a)Chapter 5 of subtitle
I of title 40, United States Code, is amended by adding at the end the
following:
VIIExpedited
Disposal of Real Property
621.
(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.
(b)For purposes of
this subchapter, the Director shall identify criteria for determining whether
real property is not meeting Federal Government needs.
(c)The Federal Real
Property Disposal Pilot Program shall terminate 5 years after the date of the
enactment of this subchapter.
622.Selection of
real propertiesAgencies 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.
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.
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)80 percent shall
be deposited into the Treasury as miscellaneous receipts.
(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.
.
(b)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.
.
1.Federal real property
disposal pilot program
(a)Chapter 5 of subtitle
I of title 40, United States Code, is amended by adding at the end the
following:
VIIExpedited Disposal of
Real Property
621.In this subchapter:
(1)The
term Director means the Director of the Office of Management and
Budget.
(2)Expedited disposal of a
real propertyThe 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)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)
(A)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)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
homelessThe 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)).
622.
(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.
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.
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.
625.
(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.
626.
(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.
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.
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.
629.Limitation on number
of permissible cash salesThe
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.
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 amendmentThe 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.
.
April 7, 2008
Reported with an amendment