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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. 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: 
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‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF 
REAL PROPERTY 
‘‘§ 621. Pilot program 
‘‘(a) 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. 
‘‘(b) For purposes of this subchapter, the Director 
shall identify criteria for determining whether real prop-
erty is not meeting Federal Government needs. 
‘‘(c) For the fiscal years 2010 through 2019, the Di-
rector shall dispose of real property generating proceeds 
of not less $19,000,000,000 under the Federal Real Prop-
erty Disposal Pilot Program. 
‘‘(d) The Director shall not include for purposes of 
the Federal Real Property Pilot Program any parcel of 
real property, 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 (10 
U.S.C. 2687 note). 
‘‘(e) The Federal Real Property Disposal Pilot Pro-
gram shall terminate on September 30, 2019. 
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‘‘§ 622. 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. 
‘‘§ 623. Expedited disposal requirements 
‘‘(a) 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. 
‘‘(b) Real property sold under the pilot program must 
be sold at not less than the fair market value as deter-
mined 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. 
‘‘(c) A real property may be sold under the pilot pro-
gram 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. 
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‘‘(d) 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). 
‘‘(e) Any expedited disposal of a real property con-
ducted under this section shall not be subject to— 
‘‘(1) subchapter IV of this chapter; 
‘‘(2) sections 550 and 553 of title 40, United 
States Code; 
‘‘(3) section 501 of the McKinney-Vento Home-
less 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 of this title. 
‘‘§ 624. Special rules for deposit and use of proceeds 
from expedited disposals 
‘‘(a) 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 in-
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curred such expenses, to remain available until expended 
without further appropriations. 
‘‘(b) After payment of such administrative costs, the 
balance of the proceeds shall be distributed as follows: 
‘‘(1) Eighty percent shall be deposited into the 
Treasury as miscellaneous receipts. 
‘‘(2) Twenty 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 ac-
tivities related to Federal real property capital im-
provements and disposal activities. Upon termination 
of the pilot program, any unobligated amounts shall 
be transferred to the general fund of the Treasury.’’. 
(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. 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.’’. 
Æ 
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