I 

111TH CONGRESS 

2D SESSION H. R. 5535 

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

property. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 16, 2010 

Mr. CHAFFETZ 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FEDERAL REAL PROPERTY DISPOSAL PILOT 

4 PROGRAM. 

5 (a) IN GENERAL.—Chapter 5 of subtitle I of title 40, 

6 United States Code, is amended by adding at the end the 

7 following: 


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1 ‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF 

2 REAL PROPERTY 

3 ‘‘§ 621. Pilot program 

4 ‘‘(a) The Director of the Office of Management and 

5 Budget (in this subchapter referred to as the ‘Director’) 

6 shall conduct a pilot program, to be known as the ‘Federal 

7 Real Property Disposal Pilot Program’, under which real 

8 property that is not meeting Federal Government needs 

9 may be disposed of in accordance with this subchapter. 

10 ‘‘(b) For purposes of this subchapter, the Director 

11 shall identify criteria for determining whether real prop12 erty is not meeting Federal Government needs. 

13 ‘‘(c) For the fiscal years 2010 through 2019, the Di14 rector shall dispose of real property generating proceeds 

15 of not less $19,000,000,000 under the Federal Real Prop16 erty Disposal Pilot Program. 

17 ‘‘(d) The Director shall not include for purposes of 

18 the Federal Real Property Pilot Program any parcel of 

19 real property, building, or other structure located on such 

20 real property that is to be closed or realigned under the 

21 Defense Base Closure and Realignment Act of 1990 (10 

22 U.S.C. 2687 note). 

23 ‘‘(e) The Federal Real Property Disposal Pilot Pro24 gram shall terminate on September 30, 2019. 


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1 ‘‘§ 622. Selection of real properties 

2 ‘‘Agencies will recommend candidate disposition 

3 properties to the Director for participation in the pilot 

4 program. The Director, with the concurrence of the head 

5 of the executive agency concerned and consistent with the 

6 criteria established in section 621, may then select such 

7 candidate properties for participation in the pilot program 

8 and notify the recommending agency accordingly. 

9 ‘‘§ 623. Expedited disposal requirements 

10 ‘‘(a) For purposes of the pilot program, an ‘expedited 

11 disposal of a real property’ is a sale of real property for 

12 cash that is conducted pursuant to the requirements of 

13 section 545 of this title. 

14 ‘‘(b) Real property sold under the pilot program must 

15 be sold at not less than the fair market value as deter16 mined by the Director in consultation with the head of 

17 the executive agency. Costs associated with disposal may 

18 not exceed the fair market value of the property unless 

19 the Director approves incurring such costs. 

20 ‘‘(c) A real property may be sold under the pilot pro21 gram only if the property will generate monetary proceeds 

22 to the Federal Government, as provided in subsection (b). 

23 A disposal of real property under the pilot program may 

24 not include any exchange, trade, transfer, acquisition of 

25 like-kind property, or other non-cash transaction as part 

26 of the disposal. 


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1 ‘‘(d) Nothing in this subchapter shall be construed 

2 as terminating or in any way limiting authorities that are 

3 otherwise available to agencies under other provisions of 

4 law to dispose of Federal real property, except as provided 

5 in subsection (e). 

6 ‘‘(e) Any expedited disposal of a real property con7 ducted under this section shall not be subject to— 

8 ‘‘(1) subchapter IV of this chapter; 

9 ‘‘(2) sections 550 and 553 of title 40, United 

10 States Code; 

11 ‘‘(3) section 501 of the McKinney-Vento Home12 less Assistance Act (42 U.S.C. 11411); 

13 ‘‘(4) any other provision of law authorizing the 

14 no-cost conveyance of real property owned by the 

15 Federal Government; or 

16 ‘‘(5) any congressional notification requirement 

17 other than that in section 545 of this title. 

18 ‘‘§ 624. Special rules for deposit and use of proceeds 

19 from expedited disposals 

20 ‘‘(a) Agencies that conduct expedited disposals of real 

21 properties under this subchapter shall be reimbursed from 

22 the proceeds for the administrative expenses associated 

23 with the disposal of such properties. Such amounts will 

24 be credited as offsetting collections to the account that inVerDate Mar 15 2010 00:47 Jun 17, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5535.IH H5535

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1 curred such expenses, to remain available until expended 

2 without further appropriations. 

3 ‘‘(b) After payment of such administrative costs, the 

4 balance of the proceeds shall be distributed as follows: 

5 ‘‘(1) Eighty percent shall be deposited into the 

6 Treasury as miscellaneous receipts. 

7 ‘‘(2) Twenty percent shall be deposited into the 

8 account of the agency that owned the real property 

9 and initiated the disposal action. Such funds shall be 

10 available without further appropriation, to remain 

11 available for the period of the pilot program, for ac12 tivities related to Federal real property capital im13 provements and disposal activities. Upon termination 

14 of the pilot program, any unobligated amounts shall 

15 be transferred to the general fund of the Treasury.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of chapter 5 of subtitle I of title 40, 

18 United States Code, is amended by inserting after the 

19 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.’’. 

Æ 


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