Title II: Definitions - Amends the Federal Property and Administrative Services Act of 1949 to define "landholding agency" to mean any Federal agency that, by specific or general statutory authority, has jurisdiction, custody, and control (jurisdiction) over real property or interests therein, but excludes agencies when they are acting as the sponsors of real property conveyances for public benefit purposes pursuant to Federal provisions regarding the disposal of surplus property.
Title III: Life Cycle Planning and Management - Directs the Administrator of General Services: (1) in collaboration with the heads of affected Federal agencies, to establish and maintain current asset management principles to be used as guidance by such agencies in making major decisions concerning the planning, acquisition, use, maintenance, and disposal of real and personal property assets subject to such Act; and (2) to collect such descriptive information, except for classified information, as the Administrator deems will best describe the nature, use, and extent of the real property holdings of the United States.
Authorizes the Administrator to: (1) establish data and other information technology standards for use by Federal agencies in developing or upgrading agency real property information systems; and (2) withhold information, including the location of classified facilities, when it is determined that withholding such information would be in the public interest (but otherwise the listing compiled under this title shall be public record).
Directs the head of each landholding agency to appoint, or designate from among its employees, a Senior Real Property Officer. Allows the appointment of a Real Property Officer for any major component of an agency, who shall report to the Senior Real Property Officer.
Makes the Senior Real Property Officer for each agency responsible for continuously monitoring agency real property assets to: (1) ensure that the management of each asset is fully consistent with and supportive of the goals and objectives of the agency's Strategic Plan and reflected in an agency asset management plan; (2) identify assets that can benefit from the application of enhanced asset management tools (see Title IV); (3) ensure, in cases where an asset can benefit from application of an enhanced asset management tool, that any resulting transaction will result in a fair return on the Federal Government investment and protect the Government from unreasonable financial or other risks; and (4) ensure that a listing and description of the agency's assets is provided to the Administrator.
Title IV: Enhanced Authorities for Real Property Asset Management - Authorizes the head of a landholding agency to apply an enhanced asset management tool to a real property interest when such interest: (1) when used to acquire replacement real property, is not excess property; (2) is used to fulfill or support a continuing mission requirement; and (3) can, by applying an enhanced asset management tool, improve the support of such mission.
Requires the agency head, before applying an enhanced asset management tool to such an interest, to determine that such application: (1) supports the agency's Strategic Plan and real property asset management plan; (2) is the most economical and cost effective option available for the use of the real property; and (3) is documented in a business plan which, commensurate with the nature of the selected tool, analyzes all reasonable options for using the property; takes into account applicable provisions of law, including the National Environmental Policy Act; and evidences compliance with the requirements of the Stewart B McKinney Homeless Assistance Act.
Authorizes any landholding agency to acquire replacement real property by: (1) transfer or exchange of real property subject to this Act with other Federal agencies under terms mutually agreeable to the agencies involved; and (2) selling or exchanging a real property asset or interests therein with any non-Federal source, provided that the transaction does not conflict with other applicable laws governing the acquisition of real property interests by Federal agencies, the agency first made the property available for transfer or exchange to other Federal agencies, and the transaction results in the agency receiving fair market value consideration for the asset sold or exchanged.
Allows the head of any landholding agency to make available to other Federal agencies and to non-Federal entities the unexpired portion of any government lease for real property, provided that the sublease results in the agency receiving fair market rental value for the asset. Sets forth provisions regarding: (1) priorities for subleasing; (2) out-leasing agreements; (3) forms of consideration; (4) transactional reports; and (5) annual reports.
Title V: Incentives for Real and Personal Property Management Improvement - Authorizes Federal agencies to retain from proceeds from the sales of personal property amounts necessary to recover the full costs of disposing of such property, including the costs for warehousing, storage, environmental services, advertising, appraisal, and transportation. Directs that: (1) such amounts be deposited into an account available for such expenses without regard to fiscal year limitations; and (2) amounts that are not needed to pay such costs be transferred at least annually to the general fund or to a specific account in the Treasury as required by statute.
Rewrites provisions regarding the transfer or sale of property to provide for agency retention of the proceeds from real property, and the crediting of monetary proceeds to the agency's capital asset account. Allows agencies to be reimbursed from the monetary proceeds of real property dispositions or from other available resources, including the agency's capital asset account, for the full costs of disposing of such property.
Sets forth a schedule for implementing this title.
Title VI: Streamlined and Enhanced Disposal Authorities - Authorizes the Administrator to convey the U.S. interest in surplus real and related personal property which the Secretary of the Interior has determined is suitable and desirable for use as a historic monument, for the benefit of the public, to a qualified nonprofit organization established for the primary purpose of preserving historic monuments, provided that the State, political subdivision, instrumentalities thereof, and municipality in which the property is located do not request conveyance to them.
Makes the authority of any department, agency, or instrumentality of the executive branch or wholly owned Government corporation to convey or give surplus real and related personal property for public airport purposes subject to the requirements of the Act. Directs that any such surplus real property available for conveyance first be made available to the Administrator for disposal, including conveyance for any public benefit purposes, including public airport use.
Amends the Stewart B McKinney Homeless Assistance Act to: (1) direct the Secretary of Housing and Urban Development (HUD), on a quarterly basis, to request information from each landholding agency regarding surplus, unutilized, or underutilized public buildings and real property (current law) that have not been previously reported on by the agency; (2) extend to 90 days (currently 60 days) the period during which written notice may be filed of intent to apply for property for use to assist the homeless; (3) direct the Secretary of Health and Human Services to give a preference to applications that contain a certification that their proposal is consistent with the local Continuum of Care strategy for homeless assistance; and (4) make such Act inapplicable to buildings and property that are in a secured area for national defense purposes or that are inaccessible by road and can be reached only by crossing private property.
Directs the Secretary of HUD: (1) to survey landholding agencies to determine whether the properties included in the last comprehensive list of properties published under such Act remain available for use to assist the homeless; and (2) to publish in the Federal Register a list of all such properties.
Title VII: Miscellaneous - Provides that the authorities granted by this Act to Federal agency heads for real and personal property transactions and management shall be in addition to, and not in lieu of, any existing authorities.
Sets forth provisions regarding: (1) severability; and (2) judicial review.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2805 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2805
To amend the Federal Property and Administrative Services Act of 1949,
as amended, to enhance Federal asset management, and for other purposes
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 28, 2000
Mr. Thompson (for himself and Mr. Lieberman) (by request) introduced
the following bill; which was read twice and referred to the Committee
on Governmental Affairs
_______________________________________________________________________
A BILL
To amend the Federal Property and Administrative Services Act of 1949,
as amended, to enhance Federal asset management, and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--SHORT TITLE
This Act may be cited as the ``Federal Property Asset Management
Reform Act of 2000''.
TITLE II--DEFINITIONS
Section 3 of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. Sec. 472), is amended by adding at the
end the following:
``(m) The term `landholding agency' means any Federal agency that,
by specific or general statutory authority, has jurisdiction, custody,
and control over real property, or interests therein. The term does not
include agencies, when they are acting as the sponsors of real property
conveyances for public benefit purposes pursuant to section 203 of the
Act (40 U.S.C. Sec. 484).''.
TITLE III--LIFE CYCLE PLANNING AND MANAGEMENT
Title II of the Federal Property and Administrative Services Act of
1949, as amended, is amended by adding at the end thereof the following
new sections:
``Sec. 213. (a) In accordance with the authorities vested in the
Administrator under section 205(c) of this Act, the Administrator, in
collaboration with the heads of affected Federal agencies, shall
establish and maintain current asset management principles to be used
as guidance by such agencies in making major decisions concerning the
planning, acquisition, use, maintenance, and disposal of real and
personal property assets subject to this Act and under the
jurisdiction, custody and control of such agencies.
``(b) In order to accumulate and maintain a single, comprehensive
descriptive listing of all Federal real property interests under the
custody and control of each Federal agency, the Administrator, in
coordination with the heads of affected Federal agencies, shall collect
such descriptive information, except for classified information, as the
Administrator deems will best describe the nature, use, and extent of
the real property holdings of the United States. For purposes of this
section, real property holdings include all public lands of the United
States and all real property of the United States located outside the
States of the Union, to include, but not be limited to the District of
Columbia, Puerto Rico, American Samoa, Guam, the Trust Territory of the
Pacific Islands and the Virgin Islands. To facilitate the reporting on
a uniform basis, the Administrator is authorized to establish data and
other information technology standards for use by Federal agencies in
developing or upgrading agency real property information systems.
``(c) The listing compiled pursuant to this section shall be public
record; however, the Administrator is authorized to withhold
information, including the location of classified facilities, when it
is determined that withholding such information would be in the public
interest. Nothing herein shall require the public release of
information which is exempt from disclosure pursuant to the Freedom of
Information Act (5 U.S.C. Sec. 552).
``(d) Nothing in this section shall authorize the Administrator to
assume jurisdiction over the acquisition, management, or disposal of
real property not subject to this Act.
``Sec. 214. (a) Within 180 days of the effective date of this
section, the head of each landholding agency shall appoint, or
designate from among persons who are employees within such agency, a
Senior Real Property Officer. The head of any landholding agency who so
desires may also appoint a Real Property Officer for any major
component part of an agency, and such Real Property Officers, for the
purposes of complying with this Act, shall report to the Senior Real
Property Officer.
``(b) The Senior Real Property Officer for each agency shall be
responsible for continuously monitoring agency real property assets to:
``(1) ensure that the management of each asset, including
but not limited to its functional use, occupancy, reinvestment
requirements and future utility, is fully consistent with and
supportive of the goals and objectives set forth in the
agency's Strategic Plan required under section 3 of the
Government Performance and Results Act of 1993, Public Law 103-
62 (5 U.S.C. Sec. 306), consistent with the framework provided
by the real property asset management principles published by
the Administrator pursuant to section 213(a) of this Act, and
reflected in an agency asset management plan. The asset
management plan shall be prepared according to guidelines
issued by the Administrator, shall be maintained to reflect
current agency program and budget priorities, and be consistent
with capital planning and programming guidance issued by the
Office of Management and Budget;
``(2) identify real property assets that can benefit from
the application of the enhanced asset management tools
described in section 216 of this Act;
``(3) ensure, in those cases where a real property asset
can benefit from application of an enhanced asset management
tool, that any resulting transaction will result in a fair
return on the Federal Government investment and protect the
Federal Government from unreasonable financial or other risks;
and
``(4) ensure that a listing and description of the real
property assets, under the jurisdiction, custody and control of
that agency, including public lands of the United States and
property located in foreign lands, is provided to the
Administrator, along with any other relevant information the
Administrator may request, for inclusion in a government-wide
listing of all Federal real property interests established and
maintained in accordance with section 213(b) of this Act.
``(c) Except as otherwise provided by Federal law, prior to a
Federal agency acquiring any interests in real property from any non-
Federal source, the Senior Real Property Officer of the acquiring
agency shall give first consideration to available Federal real
property holdings.''.
TITLE IV--ENHANCED AUTHORITIES FOR REAL PROPERTY ASSET MANAGEMENT
Sec. 401. Title II of the Federal Property and Administration
Services Act of 1949, as amended, is amended by adding at the end
thereof the following new sections:
``SEC. 215. CRITERIA FOR USING ENHANCED ASSET MANAGEMENT TOOLS.
``(a) Subject to the requirements of subsection (b) of this
section, the head of a landholding agency may apply an enhanced asset
management tool described in section 216 of this Title to a real
property interest under the agency's jurisdiction, custody and control
when the head of the agency has determined that such real property
interest--
``(1) when used to acquire replacement real property, is
not excess property within the meaning given in subsection 3(e)
of this Act (40 U.S.C. Sec. 472(e));
``(2) is used to fulfill or support a continuing mission
requirement of the agency; and
``(3) can, by applying an enhanced asset management tool,
improve the support of such mission.
``(b) Before applying an enhanced asset management tool
defined in section 216 to a real property interest identified
under subsection (a) of this section, the head of the agency
shall determine that such application meets all of the
following criteria:
``(1) supports the goals and objectives set forth in the
agency's Strategic Plan required under section 3 of the
Government Performance and Results Act of 1993, Public Law 103-
62 (5 U.S.C. Sec. 306) and the agency's real property asset
management plan as required in section 214;
``(2) is the most economical and cost effective option
available for the use of the real property; and
``(3) is documented in a business plan which, commensurate
with the nature of the selected tool, analyzes all reasonable
options for using the property; takes into account applicable
provisions of law including but not limited to the National
Environmental Policy Act; and evidences compliance with the
requirements of the Stewart B. McKinney Homeless Assistance
Act, including (i) describing the result of the determination
by the Department of Housing and Urban Development of the
suitability of the property for use to assist the homeless; and
(ii) explaining the rationale for the landholding agency's
decision not to make the property available for use to assist
the homeless.
``SEC. 216. ENHANCED ASSET MANAGEMENT TOOLS.
``(a) Interagency Transfers or Exchanges.--Any landholding agency
may acquire replacement real property by transfer or exchange of real
property subject to this Act with other Federal agencies under terms
mutually agreeable to the agencies involved.
``(b) Sales to or Exchanges With Non-Federal Sources.--Any
landholding agency may acquire replacement real property by selling or
exchanging a real property asset or interests therein with any non
Federal source; provided that: (1) this transaction does not conflict
with other applicable laws governing the acquisition of interests in
real property by Federal agencies; (2) the agency first made the
property available for transfer or exchange to other Federal agencies;
and (3) the transaction results in the agency receiving fair market
value consideration, as determined by the agency head, for the asset
sold or exchanged.
``(c) Subleases.--The head of any landholding agency, by lease,
permit, license or similar instrument, may make available to other
Federal agencies and to non-Federal entities the unexpired portion of
any government lease for real property; provided that the term of any
sublease shall not exceed the unexpired portion of the term of the
original government lease of the property and the sublease results in
the agency receiving fair market rental value for the asset. Prior to
subleasing to any private person or private sector entity, the Federal
landholding agency shall give consideration to the needs of the
following entities with the needs of entities listed in paragraph (1)
being considered before the needs of entities listed in paragraph (2):
``(1) First priority.--The needs of each of the following
entities, equally, shall be given first priority by the agency:
``(A) Federal agencies; and
``(B) Indian tribes (as defined by section 4 of the
Indian Health Care Improvement Act (25 U.S.C. 1603)),
urban Indian organizations (as defined by that
section), and tribal organizations (as defined by
section 4 of the Indian Self-Determination and
Education Assistance Act of (25 U.S.C. 450b)) when the
property is to be used in connection with an Indian
self-determination contract or grant pursuant to the
Indian Self-Determination Act (25 U.S.C. 45f et seq.);
and
``(C) urban Indian organizations (defined as in
subparagraph (B)) when the property is to be used in
connection with a contract or grant pursuant to title V
of the Indian Health Care Improvement Act (25 U.S.C.
1651 et seq.).
``(2) Second priority.--The needs of each of the following
entities, equally, shall be given second priority by the
agency:
``(A) State and local governments; and
``(B) Indian tribes, tribal organizations, and
urban Indian organizations (defined as in paragraph
(1)(B)) when the property is to be used other than as
described in paragraph (1).
``(d) Outleases.--The head of any landholding agency may make
available by outlease agreements with other Federal agencies and non-
Federal entities any unused or underused portion of or interest in any
agency real and related personal property after finding that (i)
there is no long-term mission requirement for the property, but the
Federal Government is not permitted to dispose of it; or (ii) there is
a continuing long-term mission requirement for the property to remain
in Government ownership but no known agency need for the property over
the term of the outlease and (iii) the use of the real property by the
lessee will not be inconsistent with the statutory mission of the
landholding agency; provided that such an outlease transaction is
conducted competitively.
``(1) Outlease agreement.--Any outlease agreements
authorized under this subsection:
``(A) shall be for a term no longer than 20 years;
with the exception that property that cannot be sold
may be outleased for up to 35 years provided any such
agency head determination of whether property cannot be
sold shall be based on criteria established by the
Administrator;
``(B) shall result in the agency receiving fair
market value consideration, as defined by the agency
head, for the asset, including cash, services, and/or
in-kind consideration;
``(C) shall not provide a leaseback option to the
Federal Government to occupy space in any facilities
acquired, constructed, repaired, renovated or
rehabilitated by the non-governmental entity, unless
the net present value, including the market value of
the land provided through the outlease, of such an
outlease and leaseback arrangement is less expensive
for the Federal Government than a simple Government-
financed renovation or construction project; provided
further that any subsequent agreements to leaseback
space in such facilities must be in accordance with the
competition requirements of title III of this Act (41
U.S.C. Sec. 253 et seq.) and meet the guidelines for
operating leases set forth in Conference Report No.
105-217, to accompany the Balanced Budget Act of 1997.
``(D) shall provide (i) that neither the United
States, nor its agencies or employees, shall be liable
for any actions, debts or liability of the lessee, and
(ii) that the lessee shall not be authorized to execute
and shall not execute any instrument or document
creating or evidencing any indebtedness unless such
instrument or document specifically disclaims any
liability of the United States, and of any Federal
agency or employee, thereunder; and
``(E) may contain such other terms and conditions
as the head of the agency making the property available
deems necessary to protect the interests of the Federal
Government.
``(2) Order of consideration.--In making property available
for outlease, the landholding agency shall follow the order of
consideration listed in subsection (c) of this section.
``(3) Prerequisites to agreements.--Prior to the head of
any landholding agency executing any agreement authorized under
subsection (d) of this section which would result in the
development or major rehabilitation/renovation of Federal
assets in partnership with a non-Federal entity, the head of
such agency shall undertake an analysis of the proposed
arrangement or transaction, which provides that any Federal
real property, financial capital or other resources committed
to the transaction are not placed at unreasonable financial
risk or legal jeopardy.
``(4) Other authorities.--The authority under this
subsection shall not be construed to affect any other authority
of any agency to outlease property or to otherwise make
property available for any reason.
``SEC. 217. FORMS OF CONSIDERATION.
Notwithstanding any other provision of law, the forms of
consideration received from an enhanced asset management tool as
described in section 216 may include cash or cash equivalents, in-kind
assets, services, or any combination thereof.
``SEC. 218. TRANSACTIONAL REPORTS.
For those transactions authorized under section 216 involving the
sale, exchange or outlease to a non-Federal source of any asset valued
in excess of $2 million at the time of the transaction, the head of the
landholding agency sponsoring the transaction shall submit the business
plan required by subsection 215(b)(3) to the Office of Management and
Budget and to the appropriate Committees of the United States Senate
and the House of Representatives at least 30 calendar days prior to
final execution of such transaction. The $2 million reporting threshold
in this subsection may be adjusted upward or downward by the
Administrator to reflect the annual inflation/deflation factor as
determined by the Department of Commerce Consumer Price Index.
``SEC. 219. ANNUAL REPORTS.
The head of each landholding agency shall include a list of all
transactions using enhanced asset management tools under section 216
during the previous fiscal year with the materials the agency annually
submits under section 3515 of title 31, United States Code.''.
Sec. 402. Section 321 of the Act of June 30, 1932, 47 Stat. 412 (40
U.S.C. Sec. 303b), is repealed.
Sec. 403. Section 203(b) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. Sec. 484(b)), is amended to
read as follows:
``(b)(1) The care and handling of surplus personal property,
pending its disposition, and the disposal of such property, may be
performed by the General Services Administration or, when so determined
by the Administrator, by the executive agency in possession thereof or
by any other executive agency consenting thereto.
``(2) The responsibilities and authorities for the care and
handling of surplus real and related personal property, pending its
disposition, and for the disposal of such property, provided to the
Administrator elsewhere in this Act, are hereby transferred to the head
of the landholding agency. The head of the landholding agency may
request the General Services Administration or any other entity to
provide disposal services, as long as the landholding agency retains
the authority to make disposal decisions and agrees to reimburse the
related disposal costs. The head of the affected landholding agency may
also delegate the authority to manage the disposal process (including
responsibility for the related disposal costs) and to make disposal
decisions to the General Services Administration. In the latter event,
the landholding agency foregoes any claim to any related disposal
proceeds pursuant to section 204 of this Act and the General Services
Administration, after deducting any disposal expenses incurred, shall
deposit any net proceeds in the Treasury. The Administrator of General
Services retains the authority to promulgate general policies and
procedures for disposing of such property. These policies and
procedures shall require that the General Services Administration:
``(A) notify the agencies responsible elsewhere in this Act
for sponsoring public benefit conveyances of the availability
of excess property as soon as it has been declared excess and
solicit their input on whether their public benefit represents
the highest and best use of such property;
``(B) serve as the central point of contact for agencies,
prospective donees, and the public on the availability of
surplus property as soon as it has been declared surplus;
``(C) assure that the agencies with the authority to make
disposal decisions give full consideration to the public
benefit uses or surplus Federal property in making their
disposal decisions; and
``(D) serve as a clearinghouse for information on all
phases of the surplus property disposal process, including
appeals from sponsoring agencies and prospective donees that
insufficient consideration was given to public benefit
donations.''.
TITLE V--INCENTIVES FOR REAL AND PERSONAL PROPERTY MANAGEMENT
IMPROVEMENT
Sec. 501. Section 204 of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. Sec. 485), is amended as
follows:
(a) in paragraph (2) of subsection (h) by striking ``(b)'' and
inserting in lieu thereof ``(c)'', and by striking the phrase ``, to
the extent provided in appropriations Acts,'';
(b) by revising subsection (i) to read as follows: ``Federal
agencies may retain from the proceeds of the sale of personal property
amounts necessary to recover, to the extent practicable, the full
costs, direct and indirect, incurred by the agencies in disposing of
such property including but not limited to the costs for warehousing,
storage, environmental services, advertising, appraisal, and
transportation. Such amounts shall be deposited into an account
available for such expenses without regard to fiscal year limitations.
Amounts that are not needed to pay such costs shall be transferred at
least annually to the general fund or to a specific account in the
Treasury as required by statute.'';
(c) by redesignating subsections (c), (d), (e), (f), (g), (h), and
(i), as subsections (d), (e), (f), (g), (h), (i), and (j),
respectively; and
(d) by striking subsections (a) and (b) and by inserting in lieu
thereof the following subsections (a), (b), and (c):
``SEC. 204. PROCEEDS FROM TRANSFER OR DISPOSITION OF PROPERTY.
``(a)(1) Agency Retention of Proceeds From Real Property.--Proceeds
resulting from the transfer or disposition of real and related property
under this Title shall be credited to the fund, account or
appropriation of the agency which made the property available and shall
be treated as provided in subsections (b) and (c) of this section.
``(2) Proceeds From Personal Property.--Proceeds from any transfer
of excess personal property to a Federal agency or from any sale,
lease, or other disposition of surplus personal property shall be
treated as prescribed in subsection (j) or permitted by law or
otherwise.
``(3) Other Proceeds.--All proceeds under this title not deposited
or credited to a specific agency account, shall be covered into the
Treasury as miscellaneous receipts except as provided in subsections
(d), (e), (f), (g), (h), (i), and (j) of this section or permitted by
law or otherwise.
``(b) Monetary Proceeds to Agency Capital Asset Accounts.--Monetary
proceeds received by agencies from the transfer or disposition of real
and related personal property shall be credited to an existing account
or an account to be established in the Treasury to pay for the capital
expenditures of the particular agency making the property available,
which account shall be known as the agency's capital asset account.
Subject to subsection (c), any amounts credited or deposited to such
account under this section, along with such other amounts as may be
appropriated or credited from time to time in annual appropriations
acts, shall be devoted to the sole purpose of funding that agency's
capital asset expenditures, including any expenses necessary and
incident to the agency's real property capital acquisitions,
improvements, and dispositions, and such funds shall remain available
until expended, in accordance with the agency's asset management plan
as required in section 214, without further authorization: Provided,
That monies from an exchange or sale of real property, or a portion of
a real property holding, under subsection 216(b) of this Act shall be
applied only to the replacement of that property or to the
rehabilitation of the portion of that real property holding that
remains in Federal ownership.''.
``(c) Transactional and Other Costs.--Agencies may be reimbursed,
from the monetary proceeds of real property dispositions or from other
available resources including from the agency's capital asset account,
the full costs, direct and indirect, to the agency of disposing of such
property, including but not limited to the costs of site remediation or
other environmental services, relocating affected tenants and
occupants, advertising, surveying, appraisal, brokerage, historic
preservation services, title insurance, document notarization and
recording services and the costs of managing leases and providing
necessary services to the lessees.''.
Sec. 502. Nothing in Act shall be construed to repeal or supersede
any other provision of Federal law directing the use of proceeds from
specific real property transactions or directing how or where a
particular Federal agency is to deposit, credit or use the proceeds
from the sale, exchange or other disposition of Federal property except
as expressly provided for herein.
Sec. 503. (a) Section 2(a) of the Land and Water Conservation Act
of 1965 as amended (16 U.S.C. Sec. 4601-5(a)), is superseded only to
the extent that the Federal Property and Administrative Services Act of
1949, as amended, or a provision of this Act, provide for an
alternative disposition of the proceeds from the disposal of any
surplus real property and related personal property subject to this
Act, or the disposal of any interest therein.
(b) Subsection 3302(b) of title 31, United States Code, is
superseded only to the extent that this Act or any other Act provides
for the disposition of money received by the Government.
Sec. 504. For purposes of implementing title V of this Act, the
following shall apply:
(a) For fiscal years 2001 through 2005, OMB shall allocate by
agency a prorata share of the baseline estimate of total surplus real
property sales receipts transferred to the Land and Water Conservation
Fund that were contained in the President's Budget for Fiscal year
2001, made pursuant to section 1109 of title 31 U.S. Code. OMB shall
notify the affected agencies and Appropriation Committees of the U.S.
House of Representatives and Senate in writing of this allocation
within 30 days of enactment of this Act and shall not subsequently
revise the allocation.
(b) On September 30 of each fiscal year, each agency shall transfer
to the Treasury an amount equal to its allocation for that fiscal year,
out of the proceeds realized from any sales of the agency's surplus
real property assets during that fiscal year.
(c) If an agency's actual sale proceeds in any fiscal year are less
than the amount allocated to it by OMB for that fiscal year, the agency
shall transfer all of its sale proceeds to the Treasury, and its
allocation for the subsequent fiscal year shall be increased by the
difference.
(d) On September 30, 2005, if an agency has transferred less sale
proceeds to the Treasury than its total allocation for the five years,
the agency shall transfer the difference out of any other funds
available to the agency.
TITLE VI--STREAMLINED AND ENHANCED DISPOSAL AUTHORITIES
Sec. 601. (a) Section 203 of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. Sec. 484),
is amended in paragraph (k)(3) as follows--
(1) by striking ``or municipality'' and inserting in lieu
thereof ``municipality, or qualified nonprofit organization
established for the primary purpose of preserving historic
monuments''; and
(2) by inserting after the first sentence ``Such property
may be conveyed to a nonprofit organization only if the States,
political subdivision, instrumentalities thereof, and
municipality in which the property is located do not request
conveyance under this section within thirty days after notice
to them of the proposed conveyance by the Administrator to that
nonprofit organization.''.
(b) Section 203 of the Federal Property and Administrative Services
Act of 1949, as amended (40 U.S.C. Sec. 484), is amended by revising
paragraph (k)(4)(C) to read as follows--
``(C) the Secretary of the Interior, in the case of
property transferred pursuant to the surplus Property
Act of 1944, as amended, and pursuant to this Act, to
States, political subdivisions, and instrumentalities
thereof, and municipalities for use as a public park or
public recreation area, and to State, political
subdivisions, and instrumentalities thereof,
municipalities, and nonprofit organizations for use as
an historic monument for the benefit of the public;
or''.
Sec. 602. (a) Section 203 of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. Sec. 484),
is amended in subsection (e) as follows--
(1) by striking subparagraphs (3)(A), (3)(B), (3)(C) and
(3)(E);
(2) by redesignating subparagraph (3)(D) and subparagraphs
(3)(F) through (3)(I), as subparagraphs (3)(A) through (3)(E),
respectively;
(3) by amending redesignated subparagraph (3)(E) to read as
follows:
``(E) otherwise authorized by this Act or other law
or with respect to personal property deemed
advantageous to the Government.''; and
(4) by amending subparagraph (6)(A) to read as follows:
``(6)(A) An explanatory statement shall be prepared of the
circumstances of each disposal by negotiation of any real
property that has an estimated fair market value in excess of
the threshold value for which transactional reports are
required under section 218.''; and
(5) by deleting subparagraphs (6)(C) and (6)(D).
(b) Section 203 of the Federal Property and Administrative Services
Act of 1949, as amended, is further amended by adding to the end
thereof the following new subsection:
``(s) The authority of any department, agency, or instrumentality
of the executive branch or wholly owned Government corporation to
convey or give surplus real and related personal property for public
airport purposes under subchapter II of title 49, United States Code,
shall be subject to the requirements of this Act, and any surplus real
property available for conveyance under that subchapter shall first be
made available to the Administrator for disposal under this section,
including conveyance for any public benefit purposes, including public
airport use, as the Administrator, after consultation with the affected
agencies, deems advisable.''.
Sec. 603. Subsection 201(c) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C.
Sec. 481(c)), is revised to read as follows:
``(c) In acquiring personal property or related services, or a
combination thereof, any executive agency, under regulations to be
prescribed by the Administrator, subject to regulations prescribed by
the Administrator for Federal Procurement Policy pursuant to the Office
of Federal Procurement Policy Act (41 U.S.C. Sec. 401 et seq.), may
exchange or sell personal property and may apply the exchange allowance
or proceeds of sale in such cases in whole or in part payment for
similar property or related services, or a combination thereof,
acquired: Provided, That any transaction carried out under the
authority of this subsection shall be evidenced in writing. Sales of
property pursuant to this subsection shall be governed by subsection
203(e) of this title, and shall be exempted from the provisions of
section 5 of title 41.''.
Sec. 604. Subsection 202(h) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C.
Sec. 483(h)), is amended to read as follows:
``(h) the Administrator may authorize the abandonment, destruction,
or other disposal of property which has no commercial value or of which
the estimated cost of continued care and handling would exceed the
estimated fair market value.''.
Sec. 605. Subsection 203(j) of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C.
Sec. 484(j)), is further amended as follows:
(a) Paragraph (j)(1) is amended--
(1) by striking the phrase ``the fair and equitable
distribution, through donation,'' and inserting in lieu thereof
``donation on a fair and equitable basis''; and
(2) by striking ``paragraphs (2) and (3)'' and inserting in
lieu thereof ``paragraph (2)''.
(b) Paragraph (j)(2) is deleted.
(c) Paragraph (j)(3) is renumbered (j)(2) and amended as follows:
(1) by deleting the introductory paragraph and inserting in
lieu thereof the following:
``(2) The Administrator shall, pursuant to criteria which
are based on need and utilization and established after such
consultation with State agencies as is feasible, allocate
surplus personal property among the States on a fair and
equitable basis, taking into account the condition of the
property as well as the original acquisition cost thereof, and
transfer to the State agency property selected by it for
purposes of donation within the State--'';
(2) in subparagraph (B) by--
(A) deleting ``providers of assistance to homeless
individuals, providers of assistance to families or
individuals whose annual incomes are below the poverty
line (as that term is defined in section 673 of the
Community Services Block Grant Act),'';
(B) striking out ``schools for the mentally
retarded, schools for the physically handicapped'' and
by inserting in lieu thereof ``schools for persons with
mental or physical disabilities'';
(C) striking the word ``and'' before ``libraries'';
and
(D) inserting ``and educational activities
identified by the Secretary of Defense as being of
special interest to the Armed Services,'' following the
word ``region,''; and
(3) by adding a new subparagraph (C) to read as follows:
``(C) to nonprofit institutions or organizations
which are exempt from taxation under section 501 of
title 26, and which have for their primary function the
provision of food, shelter, or other necessities to
homeless individuals or families or individuals whose
annual income is below the poverty line (as that term
is defined in section 673 of the Community Services
Block Grant Act) for use in assisting the poor and
homeless.''.
(d) Paragraph (j)(4) is renumbered (j)(3) and amended as follows:
(1) in subparagraph (C)(ii) by inserting before the period
at the end thereof the following: ``: Provided, That such
requirement shall not apply to property identified by the
Administrator in subparagraph (E) of this paragraph as property
for which no terms, conditions, reservations, or restrictions
shall be imposed.'';
(2) by deleting subparagraph (E) and inserting the
following new paragraph:
``(E) The State plan of operation shall provide
that the State agency may impose reasonable terms,
conditions, reservations, and restrictions on the use
of property to be donated under paragraph (2) of this
subsection and shall impose such terms, conditions,
reservations, and restrictions as required by the
Administrator. The Administrator shall determine the
condition, age, value, or cost of property for which no
terms, conditions, reservations or restrictions shall
be imposed and for property so identified, title shall
pass to the recipient immediately upon transfer by the
State agency. If the Administrator finds that an item
or items have characteristics that require special
handling or use limitations, the Administrator may
impose appropriate conditions on the donation of such
property.''.
(e) Paragraph (j)(5) is renumbered (j)(4).
Sec. 606. (a) Section 501 of the Stewart B. McKinney Homeless
Assistance Act, as amended, and as codified at section 11411 of title
42, United States Code, is amended as follows:
(1) in the first sentence of subsection (a), by inserting
before the period the following:'', and that have not been
previously reported on by an agency under this subsection'';
(2) in the second sentence of subsection (a), by inserting
after ``to the Secretary'' the following: ``, which shall not
include information previously reported on by an agency under
this subsection'';
(3) in subsection (b)(1), (c)(1)(A), and (c)(2)(A), by
striking ``45'' and inserting ``30'';
(4) in subsection (c)(1)(A)(i), by inserting after ``(a)''
the following: ``that have not been previously published'';
(5) in subsection (c)(1)(A)(ii), by inserting after
``properties'' the following: ``which have not been previously
published'';
(6) by striking subsections (c)(1)(D) and (c)(4);
(7) in subsections (d)(1) and (d)(2), by striking ``60''
and inserting ``90'';
(8) in subsection (d)(4)(A), by striking ``after the 60-day
period described in paragraph (1) has expired.'' and inserting
``during the 90-day period described in paragraph (1).'' and by
striking the remainder of the paragraph;
(9) in subsection (e)(3), by inserting the following
sentence immediately after the first sentence: ``The Secretary
of Health and Human Services shall give a preference to
applications that contain a certification that their proposal
is consistent with the local Continuum of Care strategy for
homeless assistance.'';
(10) in subsection (h) heading, by striking ``Applicability
to Property Under Base Closure Process'' and inserting
``Exemptions''; and
(11) in subsection (h), by adding the following new
paragraph at the end:
``(3) The provisions of this section shall not apply to
buildings and property that are--
``(A) in a secured area for national defense
purposes; or
``(B) inaccessible by road and can be reached only
by crossing private property.''.
(b) Within 30 days of the date of enactment of this section, the
Secretary of Housing and Urban Development shall survey landholding
agencies to determine whether the properties included in the last
comprehensive list of properties published pursuant to section
501(c)(1)(A) of the Stewart B. McKinney Homeless Assistance Act remain
available for application for use to assist the homeless. The Secretary
shall publish in the Federal Register a list of all such properties.
Such properties shall remain available for application for use to
assist the homeless in accordance with sections 501(d) and 501(e) of
such Act (as amended by subsection (a) of this section) as if such
properties had been published under section 501(c)(1)(A)(ii) of such
Act.
TITLE VII--MISCELLANEOUS
Sec. 701. Scope and Construction.--The authorities granted by this
Act to the head of Federal agencies for the management of real and
personal property and the conduct of transactions involving such
property, including the disposition of the proceeds therefrom, shall be
in addition to, and not in lieu of, any authorities provided in any law
existing on the date of enactment hereof. Except as expressly provided
herein, nothing in this Act shall be construed to repeal or supersede
any such authorities.
Sec. 702. Severability.--Although this Act is intended to be
integrated legislation, should any portion or provision of this Act be
found to be invalid or otherwise unenforceable by a court of competent
jurisdiction, such portion or portions of this Act shall be considered
independent and severable for all other provisions of this Act and such
invalidity shall not, by itself, invalidate any other provisions of
this Act, which remaining provisions shall have the full force and
effect of law.
Sec. 703. Judicial Review.--Any determination or any asset
management decision by an authorized agency official to transfer,
outlease, sell, exchange or dispose of Federal real property or an
interest therein in accordance with applicable law shall be at the sole
discretion of the authorized agency official and shall not be the basis
of any suit, claim or action.
Sec. 704. No Waiver.--Nothing in this Act should be construed to
limit or waive any right, remedy, immunity, or jurisdiction of any
Federal agency or any claim, judgment, lien or benefit due the United
States of America.
Sec. 705. Effective Date.--This Act and the amendments made by its
provisions shall be effective upon enactment except as otherwise
specifically provided for herein.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6016)
Read twice and referred to the Committee on Governmental Affairs. (text of measure as introduced: CR S6016-6020)
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