I 
109TH CONGRESS 
1ST SESSION H. R. 3134 
To amend title 40, United States Code, to require the Federal Real Property 
Council to carry out a pilot program for the expeditious disposal of 
underutilized Federal real property, and to improve the economy and 
efficiency of Federal real property. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005 
Mr. TOM DAVIS of Virginia (for himself and Mr. NUSSLE) introduced the 
following bill; which was referred to the Committee on Government Reform 
A BILL 
To amend title 40, United States Code, to require the Fed-
eral Real Property Council to carry out a pilot program 
for the expeditious disposal of underutilized Federal real 
property, and to improve the economy and efficiency 
of Federal real property. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Real Property 
Disposal Pilot Program and Management Improvement 
Act of 2005’’.
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—PILOT PROGRAM FOR EXPEDITED DISPOSAL OF 
FEDERAL REAL PROPERTY 
Sec. 101. Federal Real Property Disposal Pilot Program. 
TITLE II—IMPROVEMENTS TO ECONOMY AND EFFICIENCY OF 
FEDERAL REAL PROPERTY 
Sec. 201. Improvements to Federal real property management. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. Definition of underutilized real property. 
TITLE I—PILOT PROGRAM FOR 
EXPEDITED 
DISPOSAL 
OF 
FEDERAL REAL PROPERTY 
SEC. 101. FEDERAL REAL PROPERTY DISPOSAL PILOT PRO-
GRAM. 
(a) IN GENERAL.—Chapter 5 of subtitle I of title 40, 
United States Code, is amended by adding at the end the 
following new subchapter: 
‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF 
REAL PROPERTY 
‘‘§ 621. Requirement for pilot program 
‘‘(a) IN GENERAL.—The Federal Real Property 
Council shall conduct a pilot program, to be known as the 
‘Federal Real Property Disposal Pilot Program’, under 
which excess property, surplus property, or underutilized 
real property shall be disposed of in accordance with this 
subchapter.
‘‘§ 622. Selection of real properties 
‘‘The Federal Real Property Council shall select at 
least 10 real properties per year owned by executive agen-
cies for participation in the pilot program. 
‘‘§ 623. Expedited disposal requirements 
‘‘(a) REQUIREMENT TO CONDUCT EXPEDITED DIS-
POSALS.— 
‘‘(1) IN GENERAL.—Under the pilot program, 
the Federal Real Property Council shall direct exec-
utive agencies to conduct expedited disposals of the 
real properties selected pursuant to section 622 of 
this title. 
‘‘(2) EXPEDITED
DISPOSAL
DEFINED.—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 and that is not subject to— 
‘‘(A) sections 550 and 553 of this title; or 
‘‘(B) section 501 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11411). 
‘‘(b) FAIR MARKET VALUE.—A real property may be 
sold under the pilot program only if the Federal Govern-
ment receives not less than 90 percent of the fair market 
value for the sale, determined in accordance with a method 
identified by the Council.
‘‘(c) 
MONETARY
PROCEEDS; 
PROHIBITION
ON 
TRANSACTIONS OTHER THAN SALES FOR CASH.—A real 
property may be sold under the pilot program only if the 
property will generate monetary proceeds to the Federal 
Government. 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 trans-
action as part of the disposal. 
‘‘§ 624. Special rules for deposit and use of proceeds 
from expedited disposals 
‘‘(a) DISTRIBUTION REQUIREMENTS.—With respect 
to the disposal of a real property under the pilot program, 
the monetary proceeds from the disposal shall be distrib-
uted as follows: 
‘‘(1) 80 percent shall be deposited into the 
Treasury as miscellaneous receipts. 
‘‘(2) 10 percent shall be deposited into an ac-
count in the Treasury for use for any program or 
purpose previously authorized by law by any execu-
tive agency determined by the Federal Real Property 
Council to be affected by the disposal, to remain 
available until expended without further appropria-
tion or authorization. 
‘‘(3) 5 percent shall be deposited into an ac-
count in the Treasury for use by the Federal Real
Property Council to disburse to local taxing jurisdic-
tions affected by the disposal. Funds not disbursed 
within 90 days after the disposal of the property 
shall be deposited into the Treasury as miscellaneous 
receipts. 
‘‘(4) 5 percent shall be deposited into an ac-
count in the Treasury for use by the Federal Real 
Property Council for such purposes as the Council 
considers appropriate, including for further study 
and other costs associated with the disposition of 
real properties. 
‘‘(b) LIMITATION.—Proceeds from the disposal of a 
real property under the pilot program shall not be subject 
to subchapter IV of this chapter. 
‘‘§ 625. Administrative provisions 
‘‘(a) USE OF AGENCY FUNDS FOR COSTS OF DIS-
POSALS.—Subject to subsection (b), an executive agency 
may use any amounts otherwise available to the agency 
for paying the costs to the agency of disposing of real 
property under the pilot program, including the costs of 
any of the following: 
‘‘(1) Site remediation, restoration, or other en-
vironmental services. 
‘‘(2) Relocation of affected tenants and other 
occupants.
‘‘(3) Advertising and marketing. 
‘‘(4) Community outreach. 
‘‘(5) Surveying. 
‘‘(6) Appraisal. 
‘‘(7) Brokerage. 
‘‘(8) Historic preservation services. 
‘‘(9) Title insurance. 
‘‘(10) Due diligence. 
‘‘(11) Document notarization and recording 
services. 
‘‘(12) Prepayment of up to one year’s assessed 
property taxes. 
‘‘(13) Any other costs, whether direct or indi-
rect, associated with the sale of the property. 
‘‘(b) LIMITATION ON AMOUNT USED FOR COSTS OF 
DISPOSALS.—With respect to the disposal of a real prop-
erty by an executive agency, the agency may not use 
amounts, as authorized under subsection (a), for costs as-
sociated with the disposal of the property in any amount 
exceeding 25 percent of the fair market value of the prop-
erty. 
‘‘§ 626. Termination of pilot program 
‘‘The Federal Real Property Disposal Pilot Program 
shall terminate 5 years after the date of the enactment 
of this subchapter.’’.
(b) 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. Requirement for 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 dis-
posals. 
‘‘Sec. 625. Administrative provisions. 
‘‘Sec. 626. Termination of pilot program.’’. 
TITLE 
II—IMPROVEMENTS 
TO 
ECONOMY AND EFFICIENCY 
OF 
FEDERAL 
REAL 
PROP-
ERTY 
SEC. 201. IMPROVEMENTS TO FEDERAL REAL PROPERTY 
MANAGEMENT. 
(a) IN GENERAL.—Chapter 5 of subtitle I of title 40, 
United States Code, is amended by adding at the end the 
following new subchapter: 
‘‘SUBCHAPTER VIII—PROPERTY MANAGEMENT 
GENERALLY 
‘‘§ 631. Senior Real Property Officers 
‘‘(a) ESTABLISHMENT
OF AGENCY SENIOR REAL 
PROPERTY OFFICER.—The head of each agency listed in 
paragraphs (1) and (2) of section 901(b) of title 31 shall 
designate among their senior management officials a Sen-
ior Real Property Officer. Such officer shall have the edu-
cation, training, and experience required to administer the 
necessary functions of the position for the agency con-
cerned. 
‘‘(b) AGENCY ASSET MANAGEMENT PLAN RESPON-
SIBILITIES.—The Senior Real Property Officer of an 
agency shall develop and implement an agency asset man-
agement planning process that meets the form, content, 
and other requirements established by the Federal Real 
Property Council established under section 632 of this 
title. The initial agency asset management plan shall be 
submitted to the Office of Management and Budget on 
a date determined by the Director of the Office of Man-
agement and Budget. In developing the plan, the Senior 
Real Property Officer shall— 
‘‘(1) identify and categorize all real property 
owned, leased, or otherwise managed by the agency, 
including, where applicable, those properties outside 
the United States in which the lease agreements and 
arrangements reflect the host country currency or 
involve alternative lease plans or rental agreements; 
‘‘(2) identify and pursue goals, with appropriate 
deadlines, consistent with and supportive of the 
agency’s asset management plan and measure 
progress against such goals; and
‘‘(3) identify any other information and pursue 
any other actions necessary to the appropriate devel-
opment and implementation of the agency asset 
management plan. 
‘‘(c) MONITORING
OF ASSETS.—The Senior Real 
Property Officer of an agency shall be responsible, on an 
ongoing basis, for monitoring the real property assets of 
the agency so that agency assets are managed in a manner 
that is— 
‘‘(1) consistent with, and supportive of, the 
goals and objectives set forth in the agency’s overall 
strategic plan under section 306 of title 5; 
‘‘(2) consistent with the real property asset 
management principles developed by the Federal 
Real Property Council established under section 632 
of this title; and 
‘‘(3) reflected in the agency asset management 
plan. 
‘‘(d) PROVISION OF INFORMATION.—The Senior Real 
Property Officer of an agency shall, on an annual basis, 
provide to the Director of the Office of Management and 
Budget and the Administrator of General Services the fol-
lowing: 
‘‘(1) Information that lists and describes real 
property assets under the jurisdiction, custody, or
control of that agency, except for classified informa-
tion. 
‘‘(2) Any other relevant information the Direc-
tor of the Office of Management and Budget or the 
Administrator of General Services may request for 
inclusion in the inventory database established under 
section 634 of this title. 
‘‘§ 632. Federal Real Property Council 
‘‘(a) ESTABLISHMENT OF COUNCIL.—There shall be 
a Federal Real Property Council, within the Office of 
Management and Budget for administrative purposes, to 
develop guidance for, and facilitate the success of, each 
agency’s asset management plan. The Council shall be 
composed exclusively of all agency Senior Real Property 
Officers, the Controller of the Office of Management and 
Budget, the Administrator of General Services, and any 
other full-time or permanent part-time Federal officials or 
employees as deemed necessary by the Chairman of the 
Council. The Deputy Director for Management of the Of-
fice of Management and Budget shall also be a member 
and shall chair the Council. The Office of Management 
and Budget shall provide funding and administrative sup-
port for the Council, as appropriate. 
‘‘(b) AGENCY ASSET MANAGEMENT PLANS.—
‘‘(1) IN GENERAL.—The Council shall provide 
guidance to the Senior Real Property Officers in the 
development and implementation of the agency asset 
management plans. 
‘‘(2) PERFORMANCE MEASURES.— The Council 
shall work with the Administrator of General Serv-
ices to establish appropriate performance measures 
to determine the effectiveness of Federal real prop-
erty management. Such performance measures shall 
include, but are not limited to, evaluating the costs 
and benefits involved with disposing of Federal real 
properties at particular agencies. Specifically, the 
Council shall consider, as appropriate, the following 
performance measures: 
‘‘(A) The cost and time required to dispose 
of Federal real property assets and the financial 
recovery of the Federal investment resulting 
from the disposal. 
‘‘(B) Changes in the amounts of vacant 
Federal space. 
‘‘(C) The enhancement of executive agency 
productivity through an improved working envi-
ronment. 
‘‘(3) DESIGN OF PERFORMANCE MEASURES.— 
The performance measures shall be designed to en-
able the heads of executive agencies to track 
progress in the achievement of Government-wide 
property management objectives, as well as allow for 
comparing the performance of executive agencies 
against industry and other public sector agencies. 
‘‘(c) BEST PRACTICES CLEARINGHOUSE.—The Coun-
cil shall serve as a clearinghouse for executive agencies 
for best practices in evaluating actual progress in the im-
plementation of real property enhancements. The Council 
shall also work in conjunction with the President’s Man-
agement Council to assist the efforts of the Senior Real 
Property Officials and the implementation of agency asset 
management plans. 
‘‘(d) FUND.—The Council may use amounts in the 
fund referred to in section 624(4) of this title for such 
purposes as the Council considers appropriate for carrying 
out its responsibilities. 
‘‘(e) MEETINGS.—The Council shall hold meetings 
not less often than once a quarter each fiscal year. 
‘‘§ 633. Inventory database 
‘‘(a) DATABASE.—The Administrator of General 
Services (in this section referred to as the ‘Adminis-
trator’), in consultation with the Federal Real Property 
Council, shall establish and maintain a single, comprehen-
sive, and descriptive database of all real property under