S 1667 IS

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

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 AffairsCommentsClose CommentsPermalink

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

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: CommentsClose CommentsPermalink

`SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY

`Sec. 621. Pilot program`(a) TDefinitions

`In this subchapter: CommentsClose CommentsPermalink





`(1) DIRECTOR- The term `Director' means the Director of the Office of Management and Budget and Budget (in this subchapter referred to as the. CommentsClose CommentsPermalink





`(2) EXPEDITED DISPOSAL OF A REAL PROPERTY- The term `Directorexpedited 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. CommentsClose CommentsPermalink





`(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)). CommentsClose CommentsPermalink





`(4) REAL PROPERTY- CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `real property' means-- CommentsClose CommentsPermalink





`(i) a parcel of real property under the administrative jurisdiction of the Federal Government that is-- CommentsClose CommentsPermalink





`(I) excess; CommentsClose CommentsPermalink





`(II) surplus; CommentsClose CommentsPermalink





`(III) underperforming; or CommentsClose CommentsPermalink





`(IV) otherwise not meeting the needs of the Federal Government, as determined by the Director; and CommentsClose CommentsPermalink





`(ii) a building or other structure located on real property described under clause (i). CommentsClose CommentsPermalink





`(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 ofPublic Law 101-510; 10 U.S.C. 2687 note). CommentsClose CommentsPermalink





`(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)). CommentsClose CommentsPermalink

`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. CommentsClose CommentsPermalink





`(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. CommentsClose CommentsPermalink

`Sec. 6223. Selection of real properties

`Agencies wi(a) Agencies shall recommend candidate disposition real properties to the Director for participation in the pilot program. established under section 622. CommentsClose CommentsPermalink





`(b) The Director, with the concurrence of the head of the executive agency concerned and consistent with the criteria established in section 621this subchapter, may then select such candidate real properties for participation in the pilot program and notify the recommending agency accordingly. CommentsClose CommentsPermalink





`(c) The Director shall ensure that all real properties selected for disposition under this section are listed on a website that shall-- CommentsClose CommentsPermalink





`(1) be updated routinely; and CommentsClose CommentsPermalink





`(2) include the functionality to allow members of the public, at their option, to receive such updates through electronic mail. CommentsClose CommentsPermalink





`(d) The Secretary of Housing and Urban Development shall ensure that efforts are taken to inform representatives of the homeless about-- CommentsClose CommentsPermalink





`(1) the pilot program established under section 622; and CommentsClose CommentsPermalink





`(2) the website under subsection (c). CommentsClose CommentsPermalink





`(e) The Secretary of Housing and Urban Development shall-- CommentsClose CommentsPermalink





`(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 CommentsClose CommentsPermalink





`(2) maintain a current list of agency contacts for making referrals to inquiries for information relating to specific properties. CommentsClose CommentsPermalink

`Sec. 623. Expedited disposal requirements4. Suitability determination

`(a) For purposes of the pilot program,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. CommentsClose CommentsPermalink





`(b) The Secretary of Housing and Urban Development shall base the suitability determination required under subsection (a)-- CommentsClose CommentsPermalink





`(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)); CommentsClose CommentsPermalink





`(2) for real properties located within a Federal installation, campus, or compound, on whether such property can easily be transported to an `expedited disposal of a real property' is a sale of real property for cash that off-site location; and CommentsClose CommentsPermalink





`(3) for real properties where the predominant use is other than housing, on whether the size of the real property is conducted pursuant to the requirements of section 545 of this title.`(bequal to or greater than 100,000 square feet. CommentsClose CommentsPermalink





`(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: CommentsClose CommentsPermalink





`(1) The address of each such real property. CommentsClose CommentsPermalink





`(2) The result of the suitability determination required under subsection (a) for each such real property. CommentsClose CommentsPermalink





`(3) The date on which the suitability determination was made. CommentsClose CommentsPermalink

`Sec. 627. Expedited disposal requirements

`(a) Real property sold under the pilot program mustestablished 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. CommentsClose CommentsPermalink





`(cb) 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 (ba). 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. CommentsClose CommentsPermalink





`(dc) 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).`(ed). CommentsClose CommentsPermalink





`(d) Any expedited disposal of a real property conducted under this sectionubchapter shall not be subject to-- CommentsClose CommentsPermalink





`(1) subchapter IV of this chapter; CommentsClose CommentsPermalink





`(2) sections 550 and 553 of title 40, United States Codhis title; CommentsClose CommentsPermalink





`(3) section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411); CommentsClose CommentsPermalink





`(4) any other provision of law authorizing the no-cost conveyance of real property owned by the Federal Government; or CommentsClose CommentsPermalink





`(5) any congressional notification requirement other than that in section 545 of this title. CommentsClose CommentsPermalink

`Sec. 6248. Special rules for deposit and use of proceeds from expedited disposals`(a) Agencies that conduct expedited disposalsdisposal of real property

`(a) Agencies that conduct the disposal of real properties under this subchapter shall be reimbursed from the proceeds for the , if any, from such disposal for the administrative expenses associated with the disposal of such propertiessuch disposal. Such amounts wishall be credited as offsetting collections to the account that incurred such expenses, to remain available until expended without further appropriations.`(b. CommentsClose CommentsPermalink





`(b)(1) After payment of such administrative costs, the balance of the proceeds shall be distributed as follows: CommentsClose CommentsPermalink





`(1A) 80 percent shall be deposited into the Treasury as miscellaneous receipts. CommentsClose CommentsPermalink





`(2B) 20 percent shall be deposited into the account of the agency that owned the real property and initiated the disposal action. CommentsClose CommentsPermalink





Such funds shall be available without further appropriation, to`(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. CommentsClose CommentsPermalink

`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. CommentsClose CommentsPermalink





`(b) The study described under subsection (a) shall include at a minimum-- CommentsClose CommentsPermalink





`(1) recommendations for permanent reforms to statutes governing real property disposals and no cost conveyances; and CommentsClose CommentsPermalink





`(2) recommendations for improving the permanent process by which Federal properties are made available for use by the homeless.'. CommentsClose CommentsPermalink





(b) ClericalTechnical and Conforming Amendment- The table of sections at the beginning offor chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the item relating to section 611 the following: CommentsClose CommentsPermalink

`subchapter vii--expedited disposal of real property

`Sec. 621. Definitions. CommentsClose CommentsPermalink





`Sec. 622. Pilot program. CommentsClose CommentsPermalink





`Sec. 6223. Selection of real properties. CommentsClose CommentsPermalink





`Sec. 6234. Suitability determination. CommentsClose CommentsPermalink





`Sec. 625. Unsuitable real property. CommentsClose CommentsPermalink





`Sec. 626. Suitable real property. CommentsClose CommentsPermalink





`Sec. 627. Expedited disposal requirements. CommentsClose CommentsPermalink





`Sec. 6248. Special rules for deposit and use of proceeds from expedited disposalsdisposal of real property. CommentsClose CommentsPermalink





`Sec. 629. Limitation on number of permissible cash sales. CommentsClose CommentsPermalink





`Sec. 630. Government Accountability Office study.'. CommentsClose CommentsPermalink