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

SA 1042. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 1040 proposed by Mr. Reed (for himself and Mr. Bond) to
the amendment SA 1018 submitted by Mr. Dodd (for himself and Mr.
Shelby) to the bill S. 896, to prevent mortgage foreclosures and
enhance mortgage credit availability; as follows:

At the end, add the following:

SEC. __. 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).

[[Page S5165]]

``(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

[[Page S5166]]

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.''.
______