II 

110TH CONGRESS 

1ST SESSION S. 1667 

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

property. 

IN THE SENATE OF THE UNITED STATES 

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 Affairs 

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 and Budget (in this subchapter referred to as the 

6 ‘Director’) shall conduct a pilot program, to be known as 

7 the ‘Federal Real Property Disposal Pilot Program’, 

8 under which real property that is not meeting Federal 

9 Government needs may be disposed of in accordance with 

10 this subchapter. 

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

12 shall identify criteria for determining whether real prop13 erty is not meeting Federal Government needs. 

14 ‘‘(c) The Federal Real Property Disposal Pilot Pro15 gram shall terminate 5 years after the date of the enact16 ment of this subchapter. 

17 ‘‘§ 622. Selection of real properties 

18 ‘‘Agencies will recommend candidate disposition 

19 properties to the Director for participation in the pilot 

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

21 of the executive agency concerned and consistent with the 

22 criteria established in section 621, may then select such 

23 candidate properties for participation in the pilot program 

24 and notify the recommending agency accordingly. 


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1 ‘‘§ 623. Expedited disposal requirements 

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

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

4 cash that is conducted pursuant to the requirements of 

5 section 545 of this title. 

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

7 be sold at not less than the fair market value as deter8 mined by the Director in consultation with the head of 

9 the executive agency. Costs associated with disposal may 

10 not exceed the fair market value of the property unless 

11 the Director approves incurring such costs. 

12 ‘‘(c) A real property may be sold under the pilot pro13 gram only if the property will generate monetary proceeds 

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

15 A disposal of real property under the pilot program may 

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

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

18 of the disposal. 

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

20 as terminating or in any way limiting authorities that are 

21 otherwise available to agencies under other provisions of 

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

23 in subsection (e). 

24 ‘‘(e) Any expedited disposal of a real property con25 ducted under this section shall not be subject to— 

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


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

2 States Code; 

3 ‘‘(3) section 501 of the McKinney-Vento Home4 less Assistance Act (42 U.S.C. 11411); 

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

6 no-cost conveyance of real property owned by the 

7 Federal Government; or 

8 ‘‘(5) any congressional notification requirement 

9 other than that in section 545 of this title. 

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

11 from expedited disposals 

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

13 properties under this subchapter shall be reimbursed from 

14 the proceeds for the administrative expenses associated 

15 with the disposal of such properties. Such amounts will 

16 be credited as offsetting collections to the account that in17 curred such expenses, to remain available until expended 

18 without further appropriations. 

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

20 balance of the proceeds shall be distributed as follows: 

21 ‘‘(1) 80 percent shall be deposited into the 

22 Treasury as miscellaneous receipts. 

23 ‘‘(2) 20 percent shall be deposited into the ac24 count of the agency that owned the real property 

25 and initiated the disposal action. Such funds shall be 


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1 available without further appropriation, to remain 

2 available for the period of the pilot program, for ac3 tivities related to Federal real property capital im4 provements and disposal activities. Upon termination 

5 of the pilot program, any unobligated amounts shall 

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

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

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

9 United States Code, is amended by inserting after the 

10 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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