S. Amdt. 1042 - To Establish a Pilot Program for the Expedited Disposal of Federal Real Property.

Helping Families Save Their Homes Act of 2009

S. 896 — 111^th Congress (2009–2010)

Keywords

Cramdown, Foreclosure, Mortgage

Summary

A bill to prevent mortgage foreclosures and enhance mortgage credit availability. (by CRS)

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Title

A bill to prevent mortgage foreclosures and enhance mortgage credit availability.

Other Titles

• Helping Families Save Their Homes Act of 2009
• Nationwide Mortgage Fraud Task Force Act of 2009
• Helping Families Save Their Homes Act of 2009
• Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009
• Protecting Tenants at Foreclosure Act of 2009
• Public-Private Investment Program Improvement and Oversight Act of 2009
• Helping Families Save Their Homes Act of 2009
• Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009
• Protecting Tenants at Foreclosure Act of 2009
• Public-Private Investment Program Improvement and Oversight Act of 2009

Sponsor

Christopher Dodd

Co-Sponsors

• Richard J. Durbin
• Charles E. Schumer

Subjects

• Housing and community development
• Bank accounts, deposits, capital
• Banking and financial institutions regulation
• Business ethics
• Congressional oversight
• Consumer credit
• Criminal investigation, prosecution, interrogation
• Department of Justice
• Executive agency funding and structure
• Federal Deposit Insurance Corporation (FDIC)
• Financial crises and stabilization
• Fraud offenses and financial crimes
• Government investigations
• Government lending and loan guarantees
• Housing and community development funding
• Housing finance and home ownership
• National Credit Union Administration

Related Bills

• H.R. 1106 (111^th) : Helping Families Save Their Homes Act of 2009
• S. 895 (111^th) : Helping Families Save Their Homes Act of 2009

Major Actions

Introduced	4/24/2009
Amendments (29 proposed)
Passed Senate	5/06/2009
Passed House	5/19/2009
Signed by President	5/20/2009

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	Senate	Durbin Amdt. No. 1014	4/30/2009	This amendment DID NOT PASS the Senate 45 voted YES 51 voted NO 3 voted present/not voting
select this vote	Senate	Vitter Amdt. No. 1016	5/04/2009	This amendment DID NOT PASS the Senate 39 voted YES 53 voted NO 7 voted present/not voting
select this vote	Senate	Vitter Amdt. No. 1017	5/04/2009	This amendment DID NOT PASS the Senate 36 voted YES 56 voted NO 7 voted present/not voting
select this vote	Senate	Amendment SA 1032 as modified agreed to in Senate by Unanimous Consent.	5/05/2009	PASSED by voice vote
select this vote	Senate	Amendment SA 1038 agreed to in Senate by Unanimous Consent.	5/05/2009	PASSED by voice vote
select this vote	Senate	Corker Amdt. No. 1019	5/05/2009	This amendment DID NOT PASS the Senate 31 voted YES 63 voted NO 5 voted present/not voting
select this vote	Senate	Thune Amdt. No. 1030	5/05/2009	This amendment DID NOT PASS the Senate 47 voted YES 48 voted NO 4 voted present/not voting
select this vote	Senate	Ensign Amdt. NO. 1043	5/05/2009	This amendment PASSED the Senate 96 voted YES 0 voted NO 3 voted present/not voting
select this vote	Senate	DeMint Amdt. No. 1026	5/05/2009	This amendment DID NOT PASS the Senate 36 voted YES 59 voted NO 4 voted present/not voting
select this vote	Senate	Amendment SA 1018 agreed to in Senate by Unanimous Consent.	5/06/2009	PASSED by voice vote
select this vote	Senate	Amendment SA 1020 as modified agreed to in Senate by Unanimous Consent.	5/06/2009	PASSED by voice vote
select this vote	Senate	Amendment SA 1033 agreed to in Senate by Unanimous Consent.	5/06/2009	PASSED by voice vote
select this vote	Senate	Amendment SA 1035 agreed to in Senate by Unanimous Consent.	5/06/2009	PASSED by voice vote
select this vote	Senate	Amendment SA 1039 as modified agreed to in Senate by Unanimous Consent.	5/06/2009	PASSED by voice vote
select this vote	Senate	Amendment SA 1040 agreed to in Senate by Voice Vote.	5/06/2009	PASSED by voice vote
select this vote	Senate	Kerry Amdt. No. 1036 As Modified	5/06/2009	This amendment PASSED the Senate 57 voted YES 39 voted NO 3 voted present/not voting
currently selected	Senate	Motion to Waive Sect. 202, S. Con. Res. 21, 110th Congress, Coburn Amdt. No. 1042	5/06/2009	This amendment DID NOT PASS the Senate 50 voted YES 46 voted NO 3 voted present/not voting
select this vote	Senate	Grassley Amdt. No. 1021 As Modified	5/06/2009	This amendment PASSED the Senate 95 voted YES 1 voted NO 3 voted present/not voting
select this vote	Senate	On Passage - Senate - S. 896 As Amended	5/06/2009	This bill PASSED the Senate 91 voted YES 5 voted NO 3 voted present/not voting
select this vote	House	On Passage - House - S 896 Helping Families Save Their Homes Act - Under Suspension of the Rules	5/19/2009	This bill PASSED the House 367 voted YES 54 voted NO 11 voted present/not voting

	Action	Date	Description
	Introduced	4/24/2009
		4/24/2009	Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
	Put on a legislative calendar	4/27/2009	Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 52.
		4/30/2009	Measure laid before Senate by unanimous consent.
		4/30/2009	Proposed amendment SA 1014, pursuant to the order of April 29, 2009, having failed to achieve the required 60 votes in the affirmative, was withdrawn in Senate.
		4/30/2009	Amendment SA 1016 proposed by Senator Vitter to Amendment SA 1018.
		4/30/2009	Amendment SA 1017 proposed by Senator Vitter to Amendment SA 1018.
		4/30/2009	Amendment SA 1018 proposed by Senator Dodd.
		4/30/2009	Amendment SA 1019 proposed by Senator Corker to Amendment SA 1018.
		4/30/2009	Amendment SA 1014 proposed by Senator Durbin.
select this vote	Vote	4/30/2009	Durbin Amdt. No. 1014
		5/01/2009	Considered by Senate.
		5/01/2009	Considered by Senate.
		5/01/2009	Considered by Senate.
		5/01/2009	Considered by Senate.
		5/01/2009	Considered by Senate.
		5/04/2009	Considered by Senate.
		5/04/2009	Considered by Senate.
		5/04/2009	Considered by Senate.
		5/04/2009	Considered by Senate.
		5/04/2009	Considered by Senate.
		5/04/2009	Amendment SA 1020 proposed by Senator Dodd for Senator Grassley to Amendment SA 1018.
		5/04/2009	Amendment SA 1021 proposed by Senator Dodd for Senator Grassley to Amendment SA 1018.
select this vote	Vote	5/04/2009	Vitter Amdt. No. 1016
select this vote	Vote	5/04/2009	Vitter Amdt. No. 1017
		5/05/2009	Considered by Senate.
		5/05/2009	Considered by Senate.
		5/05/2009	Considered by Senate.
		5/05/2009	Considered by Senate.
		5/05/2009	Considered by Senate.
		5/05/2009	Amendment SA 1026 proposed by Senator DeMint to Amendment SA 1018.
		5/05/2009	Amendment SA 1030 proposed by Senator Thune to Amendment SA 1018.
		5/05/2009	Amendment SA 1031 proposed by Senator Dodd for Senator Schumer to Amendment SA 1018.
		5/05/2009	Amendment SA 1032 proposed by Senator Dodd for Senator Feingold to Amendment SA 1018.
select this vote	Vote	5/05/2009	Amendment SA 1032 as modified agreed to in Senate by Unanimous Consent.
		5/05/2009	Amendment SA 1033 proposed by Senator Casey to Amendment SA 1018.
		5/05/2009	Amendment SA 1035 proposed by Senator Dodd for Senator Boxer to Amendment SA 1018.
		5/05/2009	Amendment SA 1036 proposed by Senator Dodd for Senator Kerry to Amendment SA 1018.
		5/05/2009	Amendment SA 1038 proposed by Senator Boxer to Amendment SA 1018.
select this vote	Vote	5/05/2009	Amendment SA 1038 agreed to in Senate by Unanimous Consent.
		5/05/2009	Amendment SA 1039 proposed by Senator Dodd for Senator Reed to Amendment SA 1018.
		5/05/2009	Amendment SA 1040 proposed by Senator Reed to Amendment SA 1018.
		5/05/2009	Amendment SA 1042 proposed by Senator Coburn to Amendment SA 1040.
		5/05/2009	Amendment SA 1043 proposed by Senator Ensign to Amendment SA 1038.
select this vote	Vote	5/05/2009	Corker Amdt. No. 1019
select this vote	Vote	5/05/2009	Thune Amdt. No. 1030
select this vote	Vote	5/05/2009	Ensign Amdt. NO. 1043
select this vote	Vote	5/05/2009	DeMint Amdt. No. 1026
		5/06/2009	Considered by Senate.
		5/06/2009	Message on Senate action sent to the House.
		5/06/2009	Considered by Senate.
select this vote	Vote	5/06/2009	Amendment SA 1018 agreed to in Senate by Unanimous Consent.
		5/06/2009	Considered by Senate.
select this vote	Vote	5/06/2009	Amendment SA 1020 as modified agreed to in Senate by Unanimous Consent.
		5/06/2009	Considered by Senate.
		5/06/2009	Considered by Senate.
		5/06/2009	Proposed amendment SA 1031 withdrawn in Senate.
		5/06/2009	Considered by Senate.
select this vote	Vote	5/06/2009	Amendment SA 1033 agreed to in Senate by Unanimous Consent.
		5/06/2009	Considered by Senate.
select this vote	Vote	5/06/2009	Amendment SA 1035 agreed to in Senate by Unanimous Consent.
		5/06/2009	Considered by Senate.
		5/06/2009	Considered by Senate.
select this vote	Vote	5/06/2009	Amendment SA 1039 as modified agreed to in Senate by Unanimous Consent.
		5/06/2009	Considered by Senate.
select this vote	Vote	5/06/2009	Amendment SA 1040 agreed to in Senate by Voice Vote.
		5/06/2009	Amendment SA 1042 ruled out of order by the chair.
		5/06/2009	Considered by Senate.
		5/06/2009	Point of order raised in Senate with respect to amendment SA 1042.
select this vote	Vote	5/06/2009	Kerry Amdt. No. 1036 As Modified
currently selected	Vote	5/06/2009	Motion to Waive Sect. 202, S. Con. Res. 21, 110th Congress, Coburn Amdt. No. 1042
select this vote	Vote	5/06/2009	Grassley Amdt. No. 1021 As Modified
select this vote	Senate Vote on Passage	5/06/2009	On Passage - Senate - S. 896 As Amended
		5/06/2009	Received in the House.
		5/06/2009	Held at the desk.
		5/19/2009	Message on House action received in Senate and at desk: House amendment to Senate bill.
		5/19/2009	Senate agreed to the House amendment by Unanimous Consent.
		5/19/2009	Message on Senate action sent to the House.
		5/19/2009	Mr. Frank (MA) moved to suspend the rules and pass the bill, as amended.
		5/19/2009	Considered under suspension of the rules.
		5/19/2009	DEBATE - The House proceeded with forty minutes of debate on S. 896.
		5/19/2009	At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
		5/19/2009	Considered as unfinished business.
select this vote	House Vote on Passage	5/19/2009	On Passage - House - S 896 Helping Families Save Their Homes Act - Under Suspension of the Rules
	Presented to President	5/20/2009	Cleared for White House.
	Presented to President	5/20/2009	Presented to President.
	Signed	5/20/2009	Signed by President.
	Enacted	5/20/2009	Became Public Law No: 111-22.

	Number	Sponsor	Date Offered	Status
select this vote	S. Amdt. 1014	Durbin, Richard [D-IL]	April 30, 2009	Offered on April 29, 2009.
	To prevent mortgage foreclosures and preserve home values. Show amendment details
	S. Amdt. 1015	Merkley, Jeff [D-OR]	April 30, 2009	Offered on April 29, 2009.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 1016	Vitter, David [R-LA]	April 30, 2009	Failed by roll call vote on May 3, 2009.
	To authorize and remove impediments to the repayment of funds received under the Troubled Asset Relief Program. Show amendment details
select this vote	S. Amdt. 1017	Vitter, David [R-LA]	April 30, 2009	Failed by roll call vote on May 3, 2009.
	To provide that the primary and foundational responsibility of the Federal Housing Administration shall be to safeguard and preserve the solvency of the Administration. Show amendment details
select this vote	S. Amdt. 1018	Dodd, Christopher [D-CT]	April 30, 2009	Passed by voice vote on May 5, 2009.
	In the nature of a substitute. Show amendment details
select this vote	S. Amdt. 1019	Corker, Bob [R-TN]	April 30, 2009	Failed by roll call vote on May 4, 2009.
	To address safe harbor for certain servicers. Show amendment details
select this vote	S. Amdt. 1020	Grassley, Charles [R-IA]	April 30, 2009	Passed by voice vote on May 5, 2009.
	To enhance the oversight authority of the Comptroller General of the United States with respect to expenditures under the Troubled Asset Relief Program. Show amendment details
select this vote	S. Amdt. 1021	Grassley, Charles [R-IA]	April 30, 2009	Passed by roll call vote on May 5, 2009.
	To amend chapter 7 of title 31, United States Code, to provide the Comptroller General additional audit authorities relating to the Board of Governors of the Federal Reserve System, and for other purposes. Show amendment details
	S. Amdt. 1022	Casey, Robert [D-PA]	April 30, 2009	Offered on April 29, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 1023	Kohl, Herbert [D-WI]	April 30, 2009	Offered on April 29, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 1024	Kerry, John [D-MA]	April 30, 2009	Offered on April 29, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 1025	Thune, John [R-SD]	April 30, 2009	Offered on April 29, 2009.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 1026	DeMint, Jim [R-SC]	April 30, 2009	Failed by roll call vote on May 4, 2009.
	To prohibit the use of Troubled Asset Relief Program funds for the purchase of common stock, and for other purposes. Show amendment details
	S. Amdt. 1027	Isakson, John [R-GA]	April 30, 2009	Offered on April 29, 2009.
	Amendment information not available. Show amendment details
	S. Amdt. 1028	Klobuchar, Amy [D-MN]	April 30, 2009	Offered on April 29, 2009.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 1030	Thune, John [R-SD]	May 1, 2009	Failed by roll call vote on May 4, 2009.
	To require the Secretary of the Treasury to use any amounts repaid by a financial institution that is a recipient of assistance under the Troubled Assets Relief Program to reduce the authorization level under the TARP. Show amendment details
	S. Amdt. 1031	Schumer, Charles [D-NY]	May 1, 2009	Withdrawn on May 5, 2009.
	To establish a multifamily mortgage resolution program. Show amendment details
select this vote	S. Amdt. 1032	Feingold, Russell [D-WI]	May 1, 2009	Passed by voice vote on May 4, 2009.
	To require the Congressional Oversight Panel to submit a special report on farm loan restructuring. Show amendment details
select this vote	S. Amdt. 1033	Casey, Robert [D-PA]	May 1, 2009	Passed by voice vote on May 5, 2009.
	To enhance State and local neighborhood stabilization efforts by providing foreclosure prevention assistance to families threatened with foreclosure and permitting Statewide funding competition in minimum allocation States. Show amendment details
	S. Amdt. 1034	Ensign, John [R-NV]	May 1, 2009	Offered on April 30, 2009.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 1035	Boxer, Barbara [D-CA]	May 1, 2009	Passed by voice vote on May 5, 2009.
	To require notice to consumers when a mortgage loan has been sold, transferred, or assigned to a third party. Show amendment details
select this vote	S. Amdt. 1036	Kerry, John [D-MA]	May 1, 2009	Passed by roll call vote on May 5, 2009.
	To protect the interests of bona fide tenants in the case of any foreclosure on any dwelling or residential real property, and for other purposes. Show amendment details
	S. Amdt. 1037	Kohl, Herbert [D-WI]	May 1, 2009	Offered on April 30, 2009.
	Amendment information not available. Show amendment details
select this vote	S. Amdt. 1038	Boxer, Barbara [D-CA]	May 1, 2009	Passed by voice vote on May 4, 2009.
	To provide for oversight of a Public-Private Investment Program, and to authorize monies for the Special Inspector General for the Troubled Asset Relief Program to audit and investigate recipients of non-recourse Federal loans under the Public Private Investment Program and the Term Asset Loan Facility. Show amendment details
select this vote	S. Amdt. 1039	Reed, John [D-RI]	May 1, 2009	Passed by voice vote on May 5, 2009.
	To address impediments to liquidating warrants, and for other purposes. Show amendment details
select this vote	S. Amdt. 1040	Reed, John [D-RI]	May 1, 2009	Passed by voice vote on May 5, 2009.
	To amend the McKinney-Vento Homeless Assistance Act to reauthorize the Act, and for other purposes. Show amendment details
	S. Amdt. 1041	Reed, John [D-RI]	May 1, 2009	Offered on April 30, 2009.
	Amendment information not available. Show amendment details
currently selected	S. Amdt. 1042	Coburn, Thomas [R-OK]	May 5, 2009	Offered on May 5, 2009.
	To establish a pilot program for the expedited disposal of Federal real property. Actions May 5, 2009, 12:00 am ET - Amendment SA 1042 proposed by Senator Coburn to Amendment SA 1040. May 6, 2009, 12:00 am ET - Amendment SA 1042 ruled out of order by the chair. May 6, 2009, 12:00 am ET - Considered by Senate. May 6, 2009, 12:00 am ET - Point of order raised in Senate with respect to amendment SA 1042. May 6, 2009, 2:08 pm ET - Motion to Waive Sect. 202, S. Con. Res. 21, 110th Congress, Coburn Amdt. No. 1042 Full Text of this Amendment SA 1042. Mr. COBURN submitted an amendment intended to be proposed to amendment SA 1040 proposed by Mr. REED (for himself and Mr. BOND) to the amendment SA 1018 submitted by Mr. DODD (for himself and Mr. SHELBY) to the bill S. 896, to prevent mortgage foreclosures and enhance mortgage credit availability; as follows: At the end, add the following: SEC. __. 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: ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY ``§621. Definitions ``In this subchapter: ``(1) DIRECTOR.--The term `Director' means the Director of the Office of Management and Budget. ``(2) EXPEDITED DISPOSAL OF A REAL PROPERTY.--The term `expedited disposal of a real property' means a demolition of real property or a sale of real property for cash that is conducted under the requirements of section 545. ``(3) LANDHOLDING AGENCY.--The term `landholding agency' means a landholding agency as defined under section 501(i)(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(i)(3)). ``(4) REAL PROPERTY.-- ``(A) IN GENERAL.--The term `real property' means-- ``(i) a parcel of real property under the administrative jurisdiction of the Federal Government that is-- ``(I) excess; ``(II) surplus; ``(III) underperforming; or ``(IV) otherwise not meeting the needs of the Federal Government, as determined by the Director; and ``(ii) a building or other structure located on real property described under clause (i). ``(B) EXCLUSION.--The term `real property' excludes any parcel of real property or 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 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). ``(5) REPRESENTATIVE OF THE HOMELESS.--The term `representative of the homeless' means a representative of the homeless as defined under section 501(i)(4) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(i)(4)).``§622. Pilot program ``(a) The Director of the Office of Management and Budget 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) The Federal Real Property Disposal Pilot Program shall terminate 5 years after the date of the enactment of this subchapter.``§623. Selection of real properties ``(a) Agencies shall recommend candidate disposition real properties to the Director for participation in the pilot program established under section 622. ``(b) The Director, with the concurrence of the head of the executive agency concerned and consistent with the criteria established in this subchapter, may then select such candidate real properties for participation in the pilot program and notify the recommending agency accordingly. ``(c) The Director shall ensure that all real properties selected for disposition under this section are listed on a website that shall-- ``(1) be updated routinely; and ``(2) include the functionality to allow members of the public, at their option, to receive such updates through electronic mail. ``(d) The Secretary of Housing and Urban Development shall ensure that efforts are taken to inform representatives of the homeless about-- ``(1) the pilot program established under section 622; and ``(2) the website under subsection (c). ``(e) The Secretary of Housing and Urban Development shall-- ``(1) make available to the public upon request all information (other than valuation information), regardless of format, in the possession of the Department of Housing and Urban Development relating to the properties listed on the website under subsection (c), including environmental assessment data; and ``(2) maintain a current list of agency contacts for making referrals to inquiries for information relating to specific properties.``§624. Suitability determination ``(a) After the Director selects the candidate real properties that may participate in the pilot program under section 623, the Secretary of Housing and Urban Development shall determine whether each such real property is suitable for use to assist the homeless. ``(b) The Secretary of Housing and Urban Development shall base the suitability determination required under subsection (a)-- ``(1) on the suitability criteria identified by the Secretary of Housing and Urban Development under section 501(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(a)); ``(2) for real properties located within a Federal installation, campus, or compound, on whether such property can easily be transported to an off-site location; and ``(3) for real properties where the predominant use is other than housing, on whether the size of the real property is equal to or greater than 100,000 square feet. ``(c) Immediately after a determination of suitability is made under this section, the Director shall publish, on the website described in section 623(c) the following information: ``(1) The address of each such real property. ``(2) The result of the suitability determination required under subsection (a) for each such real property. ``(3) The date on which the suitability determination was made.``§625. Unsuitable real property ``(a) If a real property is determined unsuitable under section 624, such real property may not be disposed of or otherwise used for any other purpose for at least 20 days after such determination was made. ``(b)(1) Not later than 20 days after a real property has been determined unsuitable under section 624 and before disposal of the real property in accordance with subsection (d), any representative of the homeless may appeal to the Secretary of Housing and Urban Development for a secondary review of such determination. ``(2) Not later than 20 days after a real property has been determined unsuitable under subsection (b)(3) of section 624, the Secretary of Housing and Urban Development shall deem such real property suitable notwithstanding the requirements of that subsection if a representative of the homeless has produced clear and convincing evidence that such property can be utilized for the benefit of the homeless. Any determination under this paragraph shall be committed to the unreviewable discretion of the Secretary of Housing and Urban Development. ``(c) Not later than 20 days after the receipt of any appeal under subsection (b), the Secretary of Housing and Urban Development shall respond to such appeal and shall make a final suitability determination regarding the real property. ``(d)(1) If at the end of the 20-day period required under subsection (a), no appeal for review of a determination of unsuitability is received by the Secretary of Housing and Urban Development, such real property shall be disposed of in accordance with section 627. ``(2) If after conducting a secondary review of a determination of unsuitability under subsection (b), the Secretary of Housing and Urban Development determines that the real property remains unsuitable under subsection (c), such real property shall be disposed of in accordance with section 627. ``(3) If after conducting a secondary review of a determination of unsuitability under subsection (b), the Secretary of Housing and Urban Development determines that the real property is suitable under subsection (c), such real property shall be treated as suitable property for purposes of section 626.``§626. Suitable real property ``(a)(1) If a real property is determined suitable under section 624 or upon a secondary review under section 625(d), any representative of the homeless shall have not more than 90 days after such determination to submit an application to the Secretary of Health and Human Services for the transfer of the real property to that representative. If an application cannot be completed within the 90-day period due to non-material factors, the Secretary of Health and Human Services, with the concurrence of the appropriate landholding agency, may grant reasonable extensions. ``(2) If at the end of the time period described under paragraph (1), no representative of the homeless has submitted an application, such real property shall be disposed of in accordance with section 627. ``(b)(1) Not later than 20 days after the receipt of any application under subsection (a)(1), the Secretary of Health and Human Services shall assess such application and determine whether to approve or deny the request for the transfer of the real property to such applicant. ``(2) If the application of a representative of the homeless is denied by the Secretary of Health and Human Services under paragraph (1), such real property shall be disposed of in accordance with section 627. ``(3) If the application of a representative of the homeless is approved by the Secretary of Health and Human Services under paragraph (1), such real property shall be made promptly available to that representative by permit or lease, or by deed, as a public health use under subsections (a) through (d) of section 550.``§627. Expedited disposal requirements ``(a) Real property sold under the pilot program established under this subchapter shall be sold at not less than the fair market value, as determined by the Director in consultation with the head of the executive agency. Costs associated with such disposal may not exceed the fair market value of the property unless the Director approves incurring such costs. ``(b) A real property may be sold under the pilot program established under this subchapter only if the property will generate monetary proceeds to the Federal Government, as provided in subsection (a). 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. ``(c) 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 (d). ``(d) 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 Homeless 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.``§628. Special rules for deposit and use of proceeds from disposal of real property ``(a) Agencies that conduct the disposal of real properties under this subchapter shall be reimbursed from the proceeds, if any, from such disposal for the administrative expenses associated with such disposal. Such amounts shall be credited as offsetting collections to the account that incurred such expenses, to remain available until expended. ``(b)(1) After payment of such administrative costs, the balance of the proceeds shall be distributed as follows: ``(A) 80 percent shall be deposited into the Treasury as miscellaneous receipts. ``(B) 20 percent shall be deposited into the account of the agency that owned the real property and initiated the disposal action. ``(2) Funds deposited under paragraph (1)(B) shall remain available until expended for the period of the pilot program, for activities related to Federal real property capital improvements and disposal activities. Upon termination of the pilot program, any unobligated amounts shall be transferred to the general fund of the Treasury.``§629. Limitation on number of permissible cash sales ``The total number of cash sales of real properties to be disposed of under this subchapter over the 5-year term of the Federal Real Property Disposal Pilot Program shall not exceed 750. ``§630. Government Accountability Office study ``(a) Not later than 36 months after the date of 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 pilot program. ``(b) The study described under subsection (a) shall include at a minimum-- ``(1) recommendations for permanent reforms to statutes governing real property disposals and no cost conveyances; and ``(2) recommendations for improving the permanent process by which Federal properties are made available for use by the homeless.''. (b) Technical and Conforming Amendment.--The table of sections for 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..Definitions. ``Sec..622..Pilot program. ``Sec..623..Selection of real properties. ``Sec..624..Suitability determination. ``Sec..625..Unsuitable real property. ``Sec..626..Suitable real property. ``Sec..627..Expedited disposal requirements. ``Sec..628..Special rules for deposit and use of proceeds from disposal of real property. ``Sec..629..Limitation on number of permissible cash sales. ``Sec..630..Government Accountability Office study.''. (As printed in the Congressional Record for the Senate on May 5, 2009.)
select this vote	S. Amdt. 1043	Ensign, John [R-NV]	May 5, 2009	Passed by roll call vote on May 5, 2009.
	Of a perfecting nature. Show amendment details