I
110th CONGRESS
1st Session
H. R. 3049
IN THE HOUSE OF REPRESENTATIVES
July 16, 2007
Mr. Duncan 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.
Federal real property disposal pilot program
In general
Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following:
Expedited Disposal of Real Property
Pilot program
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.
For purposes of this subchapter, the Director shall identify criteria for determining whether real property is not meeting Federal Government needs.
The Federal Real Property Disposal Pilot Program shall terminate 5 years after the date of the enactment of this subchapter.
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.
Expedited disposal requirements
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.
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.
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.
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).
Any expedited disposal of a real property conducted under this section shall not be subject to—
subchapter IV of this chapter;
sections 550 and 553 of title 40, United States Code;
section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411);
any other provision of law authorizing the no-cost conveyance of real property owned by the Federal Government; or
any congressional notification requirement other than that in section 545 of this title.
Special rules for deposit and use of proceeds from expedited disposals
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.
After payment of such administrative costs, the balance of the proceeds shall be distributed as follows:
80 percent shall be deposited into the Treasury as miscellaneous receipts.
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.
.
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.
.