IB 
Union Calendar No. 279 
112TH CONGRESS 
2D SESSION 
H. R. 665 
[Report No. 112–402] 
To establish a pilot program for the expedited disposal of Federal real 
property. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2011 
Mr. CHAFFETZ (for himself, Ms. FOXX, Mr. JONES, Mr. BRADY of Texas, Mr. 
HUELSKAMP, Mr. WOMACK, Mr. CAMPBELL, Mr. GINGREY of Georgia, 
Mr. FLAKE, Mr. CRAWFORD, Mr. PRICE of Georgia, Mr. BISHOP of Utah, 
Mr. LAMBORN, Mr. ISSA, Mr. FLEMING, Mr. HERGER, Mr. WILSON of 
South Carolina, Mr. ROE of Tennessee, Mr. KLINE, Mrs. BLACKBURN, 
Mr. MARCHANT, Mr. FLORES, and Mr. BURTON of Indiana) introduced 
the following bill; which was referred to the Committee on Oversight and 
Government Reform 
FEBRUARY 27, 2012 
Additional sponsors: Mr. PITTS, Mr. SCHOCK, Mr. ROKITA, Mrs. HARTZLER, 
Mr. LONG, Mr. QUAYLE, Mr. KELLY, Mr. YODER, Mr. QUIGLEY, Mr. 
CALVERT, Mr. FRANKS of Arizona, Mr. LABRADOR, Mr. DANIEL E. LUN-
GREN
of California, Mr. FARENTHOLD, Mr. NEUGEBAUER, Mr. 
MULVANEY, and Mrs. BLACK 
FEBRUARY 27, 2012 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 11, 2011] 
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A BILL 
To establish a pilot program for the expedited disposal of 
Federal real property. 
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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 ‘‘Excess Federal Building 
and Property Disposal Act of 2011’’. 
SEC. 2. 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. Federal real property disposal pilot program 
‘‘(a) IN GENERAL.—The Administrator of General 
Services (in this subchapter referred to as the ‘Adminis-
trator’), in consultation with 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 the Administrator, in consultation with the 
Director, shall determine which 15 Federal Government real 
properties that are excess or surplus and have the highest 
fair market value and the greatest potential to sell and shall 
dispose of such properties in accordance with this sub-
chapter and through an expedited disposal of real property. 
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‘‘(b) DISPOSAL.—During the five-year period begin-
ning on the date of the enactment of the Excess Federal 
Building and Property Disposal Act of 2011, the Adminis-
trator, in consultation with the Director, shall dispose of 
real property under the Federal Real Property Disposal 
Pilot Program through a public auction. 
‘‘(c) ADDING PROPERTIES TO THE PILOT PROGRAM.— 
Not later than 15 days after a property is disposed of under 
subsection (b), the Administrator, in consultation with the 
Director, shall designate an additional property, in accord-
ance with subsection (a), to be disposed of under the Federal 
Real Property Disposal Pilot Program. 
‘‘(d) EXCEPTIONS.—The Administrator shall not in-
clude for purposes of the Federal Real Property Pilot Pro-
gram any of the following types of property: 
‘‘(1) A 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). 
‘‘(2) Properties that are excluded for reasons of 
national security by the Director of the Office of Man-
agement and Budget. 
‘‘(3) Indian and Native Eskimo properties in-
cluding— 
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‘‘(e) GAO REPORT.—Not later than 24 months after 
the date of the enactment of this subchapter, the Comptroller 
General of the United States shall submit to Congress and 
make publicly available a study of the effectiveness of the 
Federal Real Property Pilot Program. 
‘‘(f) TERMINATION.—The Federal Real Property Dis-
posal Pilot Program shall terminate on the date that is five 
years after the date of the enactment of the Excess Federal 
Building and Property Disposal Act of 2011. 
‘‘§ 622. Selection of real properties 
‘‘The head of each executive agency shall recommend 
properties to the Director for disposal under the Federal 
Real Property Pilot Program. The Director, in consultation 
with the Administrator, shall then select properties for dis-
posal under the pilot program and notify the recommending 
executive agency accordingly. 
‘‘§ 623. Expedited disposal requirements 
‘‘(a) EXPEDITED DISPOSAL OF REAL PROPERTY DE-
FINED.—For purposes of this subchapter, an ‘expedited dis-
posal of real property’ is the sale of real property for cash 
that is conducted pursuant to the requirements of section 
545(a) of this title. 
‘‘(b) FAIR
MARKET
VALUE
REQUIREMENT.—Real 
property sold under the Federal Real Property Pilot Pro-
gram may not be sold at less than the fair market value 
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as determined by the Administrator, in consultation with 
the Director. Costs associated with disposal may not exceed 
the fair market value of the property unless the Director 
approves incurring such costs. 
‘‘(c) MONETARY
PROCEEDS
REQUIREMENT.—Real 
property shall be sold under the Federal Real Property Pilot 
Program only if the property will generate monetary pro-
ceeds to the Federal Government, as provided in subsection 
(b). A disposal of real property under the Federal Real 
Property Pilot Program may not include any exchange, 
trade, transfer, acquisition of like-kind property, or other 
non-cash transaction as part of the disposal. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sub-
chapter 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) EXEMPTION FROM CERTAIN REQUIREMENTS.— 
Any expedited disposal of a real property conducted under 
this subchapter shall not be subject to— 
‘‘(1) subchapter IV of this chapter; 
‘‘(2) sections 550 and 553 of this title; 
‘‘(3) section 501 of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11411); 
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‘‘(4) any other provision of law authorizing the 
no-cost conveyance of real property owned by the Fed-
eral 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) REIMBURSEMENT.— 
‘‘(1) EXECUTIVE AGENCY.—An executive agency 
that conducts an expedited disposal of real property 
under this subchapter shall be reimbursed from the 
proceeds of such disposal for the administrative ex-
penses associated with such disposal. 
‘‘(2) GENERAL SERVICES ADMINISTRATION.—The 
General Services Administration shall be reimbursed 
the expenses of an expedited disposal of real property 
under this subchapter on behalf of an executive agen-
cy from the proceeds of such disposal. 
‘‘(3) OFFSETTING COLLECTIONS.—The amounts 
described in paragraphs (1) and (2) will be credited 
as offsetting collections to the account that incurred 
such expenses, to remain available until expended 
without further appropriations. 
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‘‘(b) DISTRIBUTION OF PROCEEDS.—After payment of 
the expenses described in subsection (a), the balance of the 
proceeds shall be distributed as follows: 
‘‘(1) Ninety-eight percent shall be deposited into 
the General Fund of the Treasury. 
‘‘(2) Two percent shall hereby be made available 
until expended to fund the grant program under sec-
tion 625. 
‘‘§ 625. Homeless assistance grants 
‘‘(a) GRANT AUTHORITY.—To the extent amounts are 
made available pursuant to section 624(b)(2) for use under 
this section, the Secretary of Housing and Urban Develop-
ment shall make grants to eligible private nonprofit organi-
zations under subsection (b) to purchase property suitable 
for use to assist the homeless as provided in subsection (c). 
‘‘(b) ELIGIBLE GRANTEES.—To be eligible to receive 
a grant under subsection (a), a private nonprofit organiza-
tion shall be a representative of the homeless, as such term 
is defined in section 501(i)(4) of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11411(i)(4)). 
‘‘(c) USE OF PROPERTIES FOR HOUSING OR SHELTER 
FOR THE HOMELESS.— 
‘‘(1) ELIGIBLE USES.—A nonprofit organization 
that receives a grant under subsection (a) shall use 
the amounts received under such grant only to ac-
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quire or rehabilitate real property for use to provide 
permanent housing (as such term is defined in section 
401 of the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11360)), transitional housing (as such 
term is defined in such section 401), or temporary 
shelter, for persons who are homeless. 
‘‘(2) TERM OF USE.—The Secretary of Housing 
and Urban Development may not make a grant under 
subsection (a) to a private nonprofit organization un-
less the organization provides the Secretary with such 
assurances as the Secretary determines necessary to 
ensure that any property acquired or rehabilitated 
using the amounts received under such grant is used 
only as provided in paragraph (1) of this subsection 
for a period of not fewer than 15 years. 
‘‘(d) PREFERENCE.—In awarding grants under sub-
section (a), the Secretary of Housing and Urban Develop-
ment shall give preference for such grants to private non-
profit organizations that operate within areas in which 
Federal real property is being sold under the Federal Real 
Property Disposal Pilot Program under this subchapter. 
‘‘(e) NONPROFIT ORGANIZATION.—For purposes of this 
section, the following definitions shall apply: 
‘‘(1) HOMELESS.—The term ‘homeless’ has the 
meaning given such term in section 103 of the 
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McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11302(a)), except that subsection (c) of such section 
shall not apply for purposes of this section. 
‘‘(2) PRIVATE NONPROFIT ORGANIZATION.—The 
term ‘private nonprofit organization’ has the mean-
ing given such term in section 401 of the McKinney- 
Vento Homeless Assistance Act (42 U.S.C. 11360). 
‘‘(f) REGULATIONS.—The Secretary of Housing and 
Urban Development may issue any regulations necessary 
to carry out this section.’’. 
(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 
‘‘621. Federal real property disposal pilot program. 
‘‘622. Selection of real properties. 
‘‘623. Expedited disposal requirements. 
‘‘624. Special rules for deposit and use of proceeds from expedited disposals. 
‘‘625. Homeless assistance grants.’’. 
SEC. 3. DUTIES OF THE GENERAL SERVICES ADMINISTRA-
TION AND EXECUTIVE AGENCIES. 
(a) IN GENERAL.—Section 524 of title 40, United 
States Code, is amended to read as follows: 
‘‘§ 524. Duties of the General Services Administration 
and executive agencies 
‘‘(a) DUTIES OF THE GENERAL SERVICES ADMINIS-
TRATION.— 
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‘‘(1) GUIDANCE.—Not later than 6 months after 
the date of the enactment of this section, and when 
necessary thereafter, the Administrator of General 
Services shall issue guidance for the development and 
implementation of executive agency real property 
plans. Such guidance shall include recommendations 
on— 
‘‘(A) how to identify excess properties; 
‘‘(B) how to evaluate the costs and benefits 
associated with disposing of real property; 
‘‘(C) how to prioritize disposal decisions 
based on agency missions and anticipated future 
need for holdings; and 
‘‘(D) how best to dispose of those properties 
identified as excess to meet the needs of the agen-
cy. 
‘‘(2) ASSISTANCE.—The Administrator shall as-
sist executive agencies in the identification and dis-
posal of excess real property. 
‘‘(b) DUTIES OF EXECUTIVE AGENCIES.— 
‘‘(1) IN
GENERAL.—Each executive agency 
shall— 
‘‘(A) maintain adequate inventory controls 
and accountability systems for property under 
its control; 
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‘‘(B) continuously survey property under its 
control to identify excess property; 
‘‘(C) promptly report excess property to the 
Administrator; 
‘‘(D) perform the care and handling of ex-
cess property; and 
‘‘(E) transfer or dispose of excess property 
as promptly as possible in accordance with au-
thority delegated and regulations prescribed by 
the Administrator. 
‘‘(2) SPECIFIC
REQUIREMENTS
WITH
RESPECT 
TO REAL PROPERTY.—With respect to real property, 
each executive agency shall— 
‘‘(A) develop and implement a real property 
plan in order to identify properties to declare as 
excess using the guidance issued under subsection 
(a)(1); 
‘‘(B) identify and categorize all real prop-
erty owned, leased, or otherwise managed by the 
agency; 
‘‘(C) establish adequate goals and incentives 
to reduce excess real property in such agency’s 
inventory; and 
‘‘(D) when appropriate, use the authorities 
in section 572(a)(2)(B) of this title in order to 
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identify and prepare real property to be reported 
as excess. 
‘‘(3) ADDITIONAL REQUIREMENTS.—Each execu-
tive agency, as far as practicable, shall— 
‘‘(A) reassign property to another activity 
within the agency when the property is no longer 
required for the purposes of the appropriation 
used to make the purchase; 
‘‘(B) transfer excess property under its con-
trol to other Federal agencies and to organiza-
tions specified in section 321(c)(2) of this title; 
and 
‘‘(C) obtain excess properties from other 
Federal agencies to meet mission needs before ac-
quiring non-Federal property.’’. 
(b) CLERICAL AMENDMENT.—The item relating to sec-
tion 524 in the table of sections at the beginning of chapter 
5 of such title is amended to read as follows: 
‘‘524. Duties of the General Services Administration and executive agencies.’’. 
(c) GSA REPORT.— 
(1) IN
GENERAL.—Not later than three years 
after the date of the enactment of this Act, the Admin-
istrator of General Services shall submit a report to 
the Committee on Oversight and Government Reform 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
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Senate on the implementation of section 524, as 
amended by subsection (a), and each of the following: 
(A) The efforts of each executive agency to 
reduce such agency’s real property assets, based 
on data submitted from such agency. 
(B) For each excess and surplus real prop-
erty facility/installation disposed of, an indica-
tion of— 
(i) the date and method of disposal; 
(ii) the proceeds obtained from the dis-
position of such property; 
(iii) the amount of time required to 
fully dispose of excess and surplus real 
property under the custody and control of 
all executive agencies; and 
(iv) the cost to dispose of surplus and 
excess real property under the custody and 
control of all executive agencies. 
(2) DEFINITIONS.—The terms ‘‘excess property’’, 
‘‘executive agency’’, and ‘‘surplus property’’ have the 
meanings given those terms in section 102 of title 40, 
United States Code. 
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SEC. 4. ENHANCED AUTHORITIES WITH REGARD TO PRE-
PARING PROPERTIES TO BE REPORTED AS 
EXCESS. 
Section 572(a)(2) of title 40, United States Code, is 
amended— 
(1) by redesignating subparagraphs (B) and (C) 
as subparagraphs (C) and (D), respectively; and 
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph: 
‘‘(B) ADDITIONAL
AUTHORITY.—(i) From 
the fund described in paragraph (1), subject to 
clause (iv) of this subparagraph, the Adminis-
trator may obligate an amount to pay the direct 
and indirect costs related to identifying and pre-
paring properties to be reported excess by an-
other agency. 
‘‘(ii) The General Services Administration 
shall be reimbursed from the proceeds of the sale 
of such properties for such costs. 
‘‘(iii) Net proceeds shall be dispersed pursu-
ant to section 571 of this title. 
‘‘(iv) The authority under clause (i) to obli-
gate funds to prepare properties to be reported 
excess does not include the authority to convey 
such properties by use, sale, lease, exchange, or 
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