Federal Property Asset Management Reform Act of 2003 - Amends the Federal Property and Administrative Services Act of 1949 to direct the Administrator of General Services to: (1) establish, maintain, and apply current asset management principles to real and personal property; (2) establish performance measures to determine Federal real property management effectiveness; and (3) establish and maintain a single database of all Federal real property interests.
Requires each Federal landholding agency to appoint a Senior Real Property Officer to monitor and administer real property assets.
Authorizes landholding agencies to apply enhanced asset management tools, such as interagency transfers or exchanges, sales or exchanges with non-Federal sources, and subleases or outleases to other Federal agencies or non-Federal entities, for real property. Allows the Administrator to: (1) review any transaction undertaken by an agency utilizing such authority; and (2) disapprove such transaction if it does not reflect due diligence by the agency, is not in the best interest of the United States, or does not comply with property management requirements.
Permits a building to be constructed or altered only: (1) in compliance with one of the nationally recognized model building codes and with other applicable nationally recognized codes; and (2) after consideration of all requirements (other than procedural requirements) of zoning laws and laws relating to landscaping, open space, minimum distance from the property line, maximum height historic preservation, and esthetic qualities and other similar laws of a State that would apply if it were not a building constructed or altered by a Federal agency. Sets forth special rules for consultation, review, and inspections by State and local government officials. Allows such officials to make recommendations concerning measures that are necessary to meet such codes and measures that should be taken in consideration of local conditions. Waives such provisions with respect to any building if their application would adversely affect national security.
Prohibits agency actions involving use of enhanced asset management tools, determing real property to be excess, or disposing of excess real property with respect to specified Federal land and improvements in Los Angeles and Sepulveda, California.
Provides for: (1) the crediting of monetary proceeds from the disposition of real and related personal property to existing agency accounts to pay for capital asset expenditures of that agency; (2) Federal agencies to retain from proceeds of sales of personal property amounts necessary for recovering full direct and indirect costs incurred in disposing of such property; and (3) implementation of such disposal and accounting requirements for FY 2003 through 2007.
Authorizes the: (1) conveyance of surplus Federal property to non-profit organizations for preservation purposes and, generally, for public airport use; and (2) abandonment, destruction, or other disposal of property if it has no commercial value or if costs of continued care and handling would exceed its fair market value.
Amends the McKinney-Vento Homeless Assistance Act to revise procedures for the consideration of surplus real property for homeless assistance.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2548 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2548
To amend chapter 5 of subtitle I of title 40, United States Code, to
enhance Federal asset management, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 19, 2003
Mr. Sessions (for himself, Mr. Tom Davis of Virginia, Mr. Burton of
Indiana, Mr. Shays, Mr. Souder, Mr. Ose, Mrs. Jo Ann Davis of Virginia,
Mr. Platts, Mr. Putnam, Mr. Turner of Ohio, Mr. Janklow, and Mr.
Cooper) introduced the following bill; which was referred to the
Committee on Government Reform, and in addition to the Committee on
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend chapter 5 of subtitle I of title 40, United States Code, 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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Property Asset Management
Reform Act of 2003''.
SEC. 2. DEFINITION OF LANDHOLDING AGENCY.--
Section 102 of title 40, United States Code, is amended--
(1) by redesignating paragraphs (7) through (10) in order
as paragraphs (8) through (11); and
(2) by inserting after paragraph (6) the following:
``(7) The term `landholding agency'--
``(A) subject to subparagraphs (B) and (C), means
any Federal agency that, by specific or general
statutory authority, has jurisdiction, custody, and
control over property (as defined in paragraph (9))
that is real property;
``(B) does not include a Federal agency with
respect to the agency--
``(i) disposing of an interest in real
property for public benefit purposes pursuant
to any of sections 541 through 555 of this
title;
``(ii) holding lands in trust or restricted
fee status for individual Indians or Indian
tribes; or
``(iii) having jurisdiction over National
Park System lands, National Forest System
lands, or National Wildlife Refuge System
lands; and
``(C) does not include the Bureau of Land
Management.''.
SEC. 3. LIFE CYCLE PLANNING AND MANAGEMENT; ENHANCED AUTHORITIES FOR
REAL PROPERTY ASSET MANAGEMENT.
(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--LIFE CYCLE PLANNING AND MANAGEMENT; ENHANCED
AUTHORITIES FOR REAL PROPERTY ASSET MANAGEMENT
``Sec. 621. Asset management principles, performance measurement, and
database
``(a) Management Principles.--(1) Under the authorities vested in
the Administrator under section 121(c) of this title, the Administrator
of General Services (in this subchapter referred to as the
`Administrator'), in consultation with the heads of Federal agencies
and the Director of the Office of Management and Budget, shall
establish and maintain current management principles to be applied by
Federal agencies where appropriate to real and personal property assets
subject to this chapter and under the jurisdiction, custody, and
control of such agencies.
``(2) With respect to the outlease of property through the use of
public-private partnerships authorized under section 624(d) of this
title, the principles under this subsection shall include the
following:
``(A) Under no circumstances shall the liability of the
Federal Government arising from an arrangement with a
nongovernmental entity or from the operation of any
partnership, cooperative venture, limited liability company,
corporation, trust, or other business arrangement created as
the result of an agreement with a nongovernmental entity exceed
the amount of the Federal Government's capital contribution or
equity contribution.
``(B)(i) Such projects may only be undertaken if the
Federal asset is not developed to its highest and best use and
the project is economically viable.
``(ii) For purposes of this subparagraph, determination of
economic viability would include, among other relevant economic
factors, the internal rate of return of the investment to the
Government (with preference given to higher rates of return) at
leaseback rates not exceeding market rates.
``(C) Such projects may only be undertaken if the market
conditions are favorable to development and full occupancy by
government and private tenants.
``(b) Performance Measurement Benchmarks.--(1) The Administrator,
in consultation with the heads of landholding agencies, shall establish
performance measures to determine the effectiveness of Federal real
property management.
``(2) The performance measures shall monitor and assess the
following:
``(A) The disposal of real property assets.
``(B) The reduction in vacant Federal space.
``(C) The realization of equity value in Federal real
property assets.
``(D) The value added to Federal agency missions through
cooperative arrangements with the commercial real estate
community.
``(E) The enhancement of Federal agency productivity
through an improved working environment.
``(3) The performance measures shall be designed to--
``(A) enable the Congress and heads of Federal agencies to
track progress in the achievement of property management
objectives on a Governmentwide basis; and
``(B) allow for comparing the performance of Federal
agencies against industry and other public sector agencies.
``(4) In developing and implementing the performance measures, the
Administrator shall use existing data sources and automated data
collection tools to the maximum extent practical.
``(c) Inventory Database.--(1) The Administrator shall establish
and maintain a single, comprehensive, and descriptive database of all
real property interests under the custody and control of each Federal
agency.
``(2)(A) For purposes of paragraph (1), the Administrator, in
cooperation with the heads of other Federal agencies, shall collect
from each Federal agency such descriptive information, except for
classified information, as the Administrator considers will best
describe the nature, use, and extent of the real property holdings of
the Federal Government. The head of a Federal agency shall promptly
provide to the Administrator, upon request, such information regarding
real property holdings under the custody and control of the agency.
``(B) For purposes of this paragraph, the term `real property
holdings' includes--
``(i) all public lands (as that term is defined in section
103 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)); and
``(ii) all real property of the Federal Government that is
located outside of the 50 States, including the District of
Columbia, Puerto Rico, American Samoa, Guam, the Northern
Mariana Islands, and the United States Virgin Islands.
``(3) To facilitate reporting of information on a uniform basis,
the Administrator may establish data and other information technology
standards for use by Federal agencies in developing or upgrading
Federal agency real property information systems.
``(d) Public Access to Information.--(1) Except as provided in
paragraphs (2) and (3), the listing compiled under this section shall
be a public record.
``(2) The Administrator may withhold from public disclosure
information included in the listing, including the location of
classified facilities, if the Administrator determines that withholding
such information would be in the public interest.
``(3) Nothing in this subsection requires an agency to make
available to the public information that is exempt from disclosure
pursuant to section 552 of title 5, United States Code, popularly known
as the Freedom of Information Act.
``(e) Jurisdiction of Administrator.--Except for the purpose of
maintaining the property listing required under subsection (c), nothing
in this section authorizes the Administrator to assume jurisdiction
over the acquisition, management, or disposal of real property not
subject to this chapter.
``Sec. 622. Senior real property officers
``(a) In General.--(1) Within 180 days after the effective date of
this section, the head of each landholding agency shall appoint, or
designate from among senior management officials of such agency, a
Senior Real Property Officer. Such individual shall have education,
training, and real estate portfolio or facilities management experience
required to administer the functions described under this section.
``(2) The head of any landholding agency may appoint a Real
Property Officer for any major component of the agency. A Real Property
Officer of a landholding agency, for the purposes of complying with the
requirements of this chapter, shall report to the Senior Real Property
Officer.
``(b) Responsibilities.--The Senior Real Property Officer of a
landholding agency shall be responsible for continuously monitoring
real property assets of the agency so that--
``(1) real property of the agency, including its functional
use, occupancy, reinvestment requirements, and future utility,
is managed in a manner that is--
``(A) consistent with and supportive of the goals
and objectives set forth in the agency's strategic plan
under section 306 of title 5, United States Code;
``(B) consistent with the real property asset
management principles established by the Administrator
under section 621(a) of this title; and
``(C) reflected in an agency asset management plan
issued under subsection (c);
``(2) real property assets that can benefit from the
application of the enhanced asset management tools described in
section 624 of this title are identified;
``(3) such enhanced asset management tools, in those cases
in which a real property asset can so benefit, are applied in
such a way that any resulting transaction shall--
``(A) result in the agency receiving fair market
value which, in the case of an exchange or sale of
Federal real property, shall be based on an appraisal;
and
``(B) protect the Federal Government from
unreasonable financial or other risks;
``(4) provide to the Administrator annually--
``(A) 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;
and
``(B) any other relevant information the
Administrator may request, for inclusion in the
Governmentwide listing of all Federal real property
interests established and maintained under section
621(c) of this title;
``(5) determine the performance of the agency against the
performance measures established under section 621(b) of this
title; and
``(6) report the results to the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform of
the House of Representatives.
``(c) Consideration of Available Real Property Holdings.--Except as
otherwise provided by Federal law, before a landholding agency acquires
any interest in real property from any non-Federal source, the Senior
Real Property Officer of the agency must give first consideration to
available Federal real property holdings.''.
``Sec. 623. Criteria for using enhanced asset management tools
``(a) In General.--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 624 of this title to a real
property interest under the agency's jurisdiction, custody, and control
if--
``(1) the head of the agency has determined that such real
property interest is not excess property, and includes as part
of the documentation required under subsection (b)(3) a
description of the need and mission requirement fulfilled by
the Federal property;
``(2) the real property interest is used to fulfill or
support a continuing mission requirement of the agency; and
``(3) the real property interest can, by the application of
the enhanced asset management tool, improve the support of such
mission.
``(b) Criteria for Application.--Before applying an enhanced asset
management tool defined in section 624 of this title to a real property
interest identified under subsection (a), the head of the agency, in
consultation with the Administrator, must determine that such
application meets all of the following criteria:
``(1) The application supports the goals and objectives set
forth in the agency's strategic plan under section 306 of title
5, United States Code, and the agency's real property asset
management plan under section 622 of this title.
``(2) Use of the real property is economical, cost
effective, and in the best interests of the United States.
``(3) The application is documented in a business plan
that, commensurate with the nature of the selected tool--
``(A) analyzes all reasonable options for using the
property;
``(B) describes how the application will be in
compliance with applicable provisions of law, including
such provisions of--
``(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
``(ii) the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11301 et seq.),
including by--
``(I) describing the result of the
determination under that Act by the
Secretary 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; and
``(C) establishes effective procedures for
soliciting, assessing, and taking into account input
from the local community.
``Sec. 624. Enhanced asset management tools
``(a) Interagency Transfers or Exchanges.--The head of any
landholding agency may acquire replacement real property by transfer or
exchange of real property subject to this chapter with other Federal
agencies under terms mutually agreeable to the heads of the agencies
involved.
``(b) Sales to or Exchanges With Non-Federal Sources.--The head of
a 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) the transaction does not conflict with other
applicable laws governing the acquisition of interests in real
property by Federal agencies;
``(2) following consultation with the Administrator, 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, which shall be based upon an appraisal.
``(c) Subleases.--(1) The head of any landholding agency may, by
lease, permit, license or similar instrument, make available in
accordance with this subsection to any other Federal agency or to any
non-Federal entity the unexpired portion of any government lease for
real property.
``(2) The term of any sublease under this subsection shall not
exceed the unexpired portion of the term of the original government
lease of the property.
``(3) The head of a landholding agency may not sublease property
under this subsection unless the sublease results in the agency
receiving fair market rental value for the property.
``(4) Before subleasing property under this subsection to a private
person, the head of a landholding agency, in consultation with the
Administrator, shall give consideration to the needs of the following
entities, with the needs of entities listed in subparagraph (A) being
considered before the needs of entities listed in subparagraph (B):
``(A) The needs of each of the following entities, equally,
shall be given first consideration by the agency:
``(i) Federal agencies.
``(ii) Indian tribes (as that term is defined in
section 4 of the Indian Health Care Improvement Act (25
U.S.C. 1603)), urban Indian organizations (as defined
in that section), and tribal organizations (as defined
by section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b)), through the
Secretary of the Interior and the Secretary of Health
and Human Services, if the property is to be used for purposes in
connection with an Indian self-determination contract or grant pursuant
to the Indian Self-Determination Act (25 U.S.C. 450f et seq.).
``(B) The needs of each of the following entities, equally,
shall be given second consideration by the agency:
``(i) State and local governments.
``(ii) Indian tribes, tribal organizations, and
urban Indian organizations (as defined in the
provisions referred to in subparagraph (A)(ii)),
through the Secretary of the Interior and the Secretary
of Health and Human Services, if the property is to be
used for purposes other than the purposes referred to
in subparagraph (A)(ii) and such use of the property is
authorized by law other than this subsection.
``(d) Outleases and Public Private Partnerships.--(1) 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 real and related personal property of the
landholding agency, if--
``(A) the agency head finds 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)(I) there is a continuing, long-term mission
requirement of the landholding agency for the property
to remain in Government ownership; and
``(II) the use of the real property by the lessee
will not be inconsistent with such mission; and
``(B) in the case of an outlease to a non-Federal entity,
the outlease is conducted competitively.
If the agency head makes a finding under subparagraph (A)(ii), the
agency head shall include a written rationale for the finding of a
continuing Federal need for the property in the business plan submitted
under section 623(b)(3) of this title.
``(2) To reduce vacant space and realize the equity value of
Government-owned real property assets, provide Federal agencies with
modern functional work environments, and work cooperatively with the
commercial real estate community, the landholding agency may enter into
an agreement with a non-Federal entity. Any agreement under this
subsection--
``(A) may be to a partnership, cooperative venture, limited
liability company, corporation, trust, sole proprietorship, or
other business arrangement;
``(B) shall be for a term no longer than 50 years;
``(C) shall result in the agency receiving fair market
value which, in the case of an exchange or sale of Federal real
property, shall be based upon an appraisal;
``(D) may provide a leaseback option to the Federal
Government to occupy space in any facilities acquired,
constructed, repaired, renovated, or rehabilitated by the
nongovernmental entity: Provided, That the agreement does not
guarantee Government occupancy; any subsequent agreements to
leaseback space in such facilities must be in accordance with
the competition requirements of title III of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 251
et seq.);
``(E) shall provide--
``(i) that neither the United States, nor its
agencies or employees, shall be liable for any actions,
debts, or liability of the non-Federal entity; and
``(ii) that neither the lessee nor the non-Federal
entity shall 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, in excess of the Government's capital
contribution in the non-Federal entity;
``(F) shall provide--
``(i) that the Government's interest under the
agreement is senior to that of any lender to the non-
Federal entity; and
``(ii) that under no circumstances shall the
liability of the United States arising from its
arrangement with the non-Federal entity, or from the
operations of any partnership, cooperative venture,
limited liability company, corporation, trust, or other
business arrangement created as the result of the
agreement with the non-Federal entity, exceed the
amount of the Federal Government's capital contribution
or equity contribution to the partnership, cooperative
venture, limited liability company, corporation, trust,
or other business arrangement; and
``(G) may contain such other terms and conditions as the
head of the landholding agency making the property available
considers necessary to protect the interests of the Federal
Government.
``(3) In making property available for use or outlease under this
subsection, the landholding agency shall follow the order of
consideration listed in subsection (c)(4).
``(4) Before a landholding agency executes any agreement authorized
under this subsection that would result in the development or
substantial rehabilitation or renovation of Federal assets under a
business arrangement with a non-Federal entity, the head of such agency
shall undertake an analysis of the proposed arrangement or transaction
to determine the business and legal risks and benefits to the Federal
Government that would likely result from the proposed arrangement or
transaction.
``(5)(A) For the sole purpose of scoring leaseback agreements for
purposes of the Federal budget, if the non-Federal entity shall
exercise management control of the business of the public-private
entity referenced under paragraph (2)(A) and holds a majority interest
in ownership in the public-private venture, then the project shall not
be considered to be constructed on Government-owned land.
``(B) All leaseback agreements must meet the requirements of an
operating lease as specified in relevant Office of Management and
Budget circulars.
``(6) If, during the term of an outlease involving the development
or substantial rehabilitation or renovation of a Federal asset in a
business arrangement with a non-Federal entity, the head of the
landholding agency determines that the property is no longer needed by
the landholding agency, the head of the agency may initiate action for
the transfer to the non-Federal entity of all right, title, and
interest of the United States in the property by requesting the
Administrator of General Services to dispose of the property. A
disposition under this section may be made for such consideration as
the head of the landholding agency and the Administrator jointly
determine is in the best interests of the United States and upon such
other terms and conditions as the head of the landholding agency and
the Administrator consider appropriate.
``(7)(A) If a landholding agency retains authority over any
decision to construct or alter buildings on property leased by the
agency to a non-Federal entity under this subsection, then any such
construction or alteration shall comply with section 628 of this title.
``(B)(i) If landholding agency does not retain authority over any
decision to construct or alter buildings on property leased by the
agency to a non-Federal entity under this subsection, then any such
construction or alteration shall comply with all laws described in
clause (ii) that would apply to such construction or alteration if the
property were not Federal property.
``(ii) The laws referred to in clause (i) are all laws of a State,
and of a political subdivision of a State, relating to zoning,
landscaping, open space, minimum distance of a building from a property
line, maximum building height, historic preservation, esthetic
qualities of a building, building codes, and similar matters, and any
other State or local laws relating to construction or alteration of a
building, respectively, by the non-Federal entity on non-Federal lands.
``(8) This subsection shall not be construed to affect any other
authority of any Federal agency to outlease property or to otherwise
make property available for any reason.
``(9) The authority to enter into agreements under subsection (b)
and this subsection expires 10 years after the date of enactment of
this subsection.
``(10) The Comptroller General of the United States shall submit
biennial reports to the Congress, including to the Committee on
Government Reform of the House of Representatives and the Committee on
Governmental Affairs of the Senate, on the effectiveness of the use of
authority under this subsection.
``Sec. 625. Review and revision of transactions by administrator
``The Administrator may, in the sole discretion of the
Administrator, review any transaction of an agency undertaken utilizing
authority under section 624 of this title. After such review, the
Administrator may disapprove such transaction if the Administrator
determines the transaction does not reflect due diligence by the
agency, is not in the best interest of the United States, or does not
comply with the requirements of this chapter.
``Sec. 626. Forms of consideration
``Notwithstanding any other provision of law, the forms of
consideration received by the United States in a transaction under
section 624 of this title may include cash or cash equivalents, other
property (either real or personal), in-kind assets, services related to
the transaction, future consideration, or any combination thereof.
``Sec. 627. Transactional reports
``(a) In General.--For those transactions authorized under section
624 of this title involving the sale, exchange, or outlease to a non-
Federal entity of any asset valued in excess of $700,000 at the time of
the transaction, the head of the landholding agency performing the
transaction shall submit the business plan required by section
623(b)(3) of this title to the Director of the Office of Management and
Budget, the Committee on Governmental Affairs of the Senate, and the
Committee on Government Reform of the House of Representatives at least
30 calendar days before the final execution of such transaction.
``(b) Adjustment of Threshold.--The Administrator of General
Services may increase or decrease the dollar amount in subsection (a)
to reflect a percentage increase or decrease in the Department of
Commerce Consumer Price Index.
``Sec. 628. Compliance with nationally recognized codes
``(a) Building Codes.--Each building with respect to which this
section applies may be constructed or altered, to the maximum extent
feasible as determined by the head of the landholding agency having
authority with respect to the property on which the building is (or
will be) located, only in compliance with one of the nationally
recognized model building codes and with other applicable nationally
recognized codes. Such other codes shall include, but not be limited
to, electrical codes, fire and life safety codes, and plumbing codes,
as determined appropriate by the head of that agency. In carrying out
this subsection, the head of that agency shall require use of the
latest edition of the nationally recognized codes referred to in this
subsection.
``(b) Zoning Laws.--Each building with respect to which this
section applies may be constructed or altered only after consideration
of all requirements (other than procedural requirements) of--
``(1) zoning laws; and
``(2) laws relating to landscaping, open space, minimum
distance of a building from the property line, maximum height
of a building, historic preservation, and esthetic qualities of
a building, and other similar laws,
of a State or a political subdivision of a State that would apply to
the building if it were not a building constructed or altered by a
Federal agency.
``(c) Special Rules.--
``(1) State and local government consultation, review, and
inspections.--For purposes of meeting the requirements of
subsections (a) and (b) with respect to a building, the person
carrying out the construction or alteration shall--
``(A) in preparing plans for the building, consult
with appropriate officials of the State or political
subdivision, or both, in which the building is (or will
be) located;
``(B) upon request, submit such plans in a timely
manner to such officials for review by such officials
for a reasonable period of time not exceeding 30 days;
and
``(C) permit inspection by such officials during
construction or alteration of the building, in
accordance with the customary schedule of inspections
for construction or alteration of buildings in the
locality, if such officials provide to the person--
``(i) a copy of such schedule before
construction of the building is begun; and
``(ii) reasonable notice of their intention
to conduct any inspection before conducting
such inspection.
``(2) Limitation on state responsibilities.--Nothing in
this section imposes an obligation on any State or political
subdivision to take any action under paragraph (1).
``(d) State and Local Government Recommendations.--Appropriate
officials of a State or a political subdivision of a State may make
recommendations to the head of a landholding agency concerning measures
necessary to meet the requirements of subsections (a) and (b). Such
officials may also make recommendations to the head of the landholding
agency concerning measures that should be taken in the construction or
alteration of the building to take into account local conditions. The
head of the landholding agency shall give due consideration to any such
recommendations.
``(e) Effect of Noncompliance.--No action may be brought against
the United States and no fine or penalty may be imposed against the
United States for failure to meet the requirements of subsection (a),
(b), or (c) or for failure to carry out any recommendation under
subsection (d).
``(f) Limitation on Liability.--The United States and its
contractors shall not be required to pay any amount for any action
taken by a State or a political subdivision of a State to carry out
this section (including reviewing plans, carrying out on-site
inspections, issuing building permits, and making recommendations).
``(g) National Security Waiver.--This section shall not apply with
respect to any building if the head of the landholding agency
determines that the application of this section to the building would
adversely affect national security. A determination under this
subsection shall not be subject to administrative or judicial review.
``Sec. 629. Limitation on certain agency actions
``(a) In General.--Notwithstanding any other provision of law, no
Federal agency may take any of the actions described in subsection (b)
with respect to--
``(1) Federal land and improvements in Los Angeles,
California, consisting of approximately 388 acres, bounded by
the 405 Freeway, Ohio Avenue, Butler Avenue, Rochester Avenue,
Federal Avenue, San Vicente Boulevard, Bringham Avenue, Chayote
Street, Woodburn Drive, and Waterford Street; or
``(2) Federal land and improvements in Sepulveda,
California, consisting of approximately 154 acres, bounded by
Woodley Avenue, Lassen Street, Haskell Avenue, and Plumber
Street.
``(b) Actions Described.--Actions referred to in subsection (a) are
the following:
``(1) Actions involving the use of enhanced asset
management tools under section 624 of this title.
``(2) Determining real property to be excess property.
``(3) Disposing of real property.''.
(b) Repeal.--Section 1302 of title 40, United States Code, is
repealed.
(c) 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--LIFE CYCLE PLANNING AND MANAGEMENT; ENHANCED
AUTHORITIES FOR REAL PROPERTY ASSET MANAGEMENT
``Sec. 621. Asset management principles, performance measurement, and
database.
``Sec. 622. Senior Real Property Officers.
``Sec. 623. Criteria for using enhanced asset management tools.
``Sec. 624. Enhanced asset management tools.
``Sec. 625. Review and revision of transactions by Administrator.
``Sec. 626. Forms of consideration.
``Sec. 627. Transactional reports.
``Sec. 628. Compliance with nationally recognized codes.
``Sec. 629. Limitation on certain agency actions.''.
SEC. 4. INCENTIVES FOR REAL AND PERSONAL PROPERTY MANAGEMENT
IMPROVEMENT.
(a) Treatment of Proceeds of Federal Property Disposals.--
Subchapter IV of chapter 5 of title 40, United States Code, is amended
as follows:
(1) In section 572--
(A) by redesignating subsection (b) as subsection
(d); and
(B) by striking subsection (a) and inserting the
following:
``Sec. 572. Real property
``(a) Agency Retention of Proceeds From Real and Personal
Property.--(1) Proceeds resulting from the transfer or disposition of
real property and related personal property under this chapter shall be
credited to the fund, account (including the capital asset account
under subsection (b)), or appropriation of the landholding agency that
made the property available for transfer or disposition and shall be
treated as provided in subsections (b) and (c).
``(2) 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 section 573 of this
title or as otherwise authorized by law.
``(3) All proceeds from the transfer or disposition of property
under this chapter that are not deposited or credited to a specific
agency account shall be covered into the Treasury as miscellaneous
receipts except as provided in sections 572, 573, and 574 of this title
or as otherwise authorized by law.
``(b) Monetary Proceeds to Agency Capital Asset Accounts.--(1)
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 asset expenditures of the particular agency making the property
available. Such account shall be known as the agency's capital asset
account.
``(2) 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 under section 622 of this title, without further
authorization: Provided, That--
``(A) moneys from an exchange or sale of real property, or
a portion of a real property holding, under section 624(b) of
this title 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; and
``(B) the head of each landholding agency shall include
with the materials the agency annually submits under section
1105 of title 31, United States Code, a detailed accounting of
all real property transactions carried out under this title and
of receipts and disbursements from the agency's capital asset
account during the previous fiscal year.
``(c) Transactional and Other Costs.--Federal agencies may be
reimbursed from the monetary proceeds of real property dispositions
under this chapter or from other available resources, including from
the agency's capital asset account, for the full costs, direct and
indirect, to the agency disposing of such property, including the costs
of site remediation, restoration, or other environmental services,
relocating affected tenants and occupants, advertising and marketing,
community outreach, surveying, appraisal, brokerage, historic
preservation services, title insurance, due diligence, document
notarization and recording services, and the costs of managing leases
and providing necessary services to the lessees.''.
(2) In subsection (d)(5) of section 572, as so
redesignated--
(A) in subparagraph (A), by striking ``(less
expenses of the transfer or disposition as provided in
subsection (a))'' and inserting ``(less the costs of
the disposition, as provided in subsection (c))''; and
(B) by striking ``To the extent provided in an
appropriations law, an amount'' and inserting ``An
amount''.
(3) By amending section 573 to read as follows:
``Sec. 573. Personal property
``(a) In General.--A Federal agency 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 agency in disposing of such property, including the costs for
warehousing, storage, environmental services, advertising, appraisal,
and transportation of the property.
``(b) Deposit, Availability, and Transfer.--Such amounts shall be
deposited into an account that shall be available for such costs
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 otherwise authorized
by law.''.
(b) Relationship to Other Law.--(1) Nothing in this 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 in
this Act.
(2) Section 2(a) of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-5(a)) is superseded only to the extent that
chapter 5 of title 40, United States Code, or a provision of this Act,
provides 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.
(3) 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.
(c) Implementation for Fiscal Years 2003-2007.--For purposes of
implementing this section, the following shall apply:
(1) For each of fiscal years 2003 through 2007, the
Director of the Office of Management and Budget shall allocate
to each agency a pro rata share of the baseline estimate of
total surplus real property sales receipts transferred to the
Land and Water Conservation Fund as set forth in the
President's budget for fiscal year 2003, made pursuant to
section 1109 of title 31, United States Code. The Director of
the Office of Management and Budget shall notify the affected
agencies and the Appropriations Committees of the House of
Representatives and the Senate in writing of this allocation
within 30 days after the date of enactment of this Act and
shall not subsequently revise the allocation.
(2) On September 30 of each such fiscal year, each agency
shall remit 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.
(3) If an agency's actual sale proceeds in any such fiscal
year are less than the amount allocated to it by the Director
of the Office of Management and Budget for that fiscal year,
the agency shall remit all of its sale proceeds to the
Treasury, and its allocation for the subsequent fiscal year
shall be increased by the difference.
(4) On September 30, 2007, if an agency has remitted less
sale proceeds to the Treasury than its total allocation for the
five years, the agency shall remit the difference to the
Treasury out of any other funds available to the agency.
SEC. 5. STREAMLINED AND ENHANCED DISPOSAL AUTHORITIES.
(a) Public Benefit Conveyances to State and Local Governments.--
Section 550(h)(1)(A) of title 40, United States Code, is amended as
follows:
(1) By striking ``or municipality'' and inserting
``municipality, or a qualified nonprofit organization
established for the primary purpose of preserving historic
monuments,''.
(2) By inserting after the first sentence the following:
``Such property may be conveyed to a nonprofit organization
only if the State, political subdivision, instrumentalities
thereof, and municipality in which the property is located do
not request conveyance of the property under this section
within 30 days after notice to them of the proposed conveyance
by the Administrator to that nonprofit organization.''.
(b) Duties of Secretary of Interior.--Section 550(b)(2)(C) of title
40, United States Code, is amended to read as follows:
``(C) the Secretary of the Interior, for property
transferred under subsection (e) for public park or recreation
use, or under subsection (h) for use as a historic monument;''.
(c) Negotiated Disposals.--Section 545 of title 40, United States
Code, is amended as follows:
(1) In paragraph (1), by striking ``public interest--'' and
all that follows through ``for a period'' and inserting
``public interest for a period''.
(2) By striking paragraphs (2), (3), and (5).
(3) By redesignating paragraphs (4), (6), (7), (8), and (9)
in order as paragraphs (2) through (6).
(4) By amending paragraph (6) (as so redesignated) to read
as follows:
``(6) otherwise authorized by this chapter or other law or,
with respect to personal property, the negotiated disposal is
considered by the agency head to be advantageous to the
Government.''.
(5) In subsection (e), by amending paragraph (1) to read as
follows:
``(1) Requirement.--An explanatory statement of the
circumstances shall be prepared for each disposal by
negotiation of any real property that has an estimated fair
market value in excess of $700,000. The dollar amount in the
preceding sentence may be increased or decreased by the
Administrator to reflect a percentage increase or decrease in
the Department of Commerce Consumer Price Index.''.
(6) By striking paragraph (3).
(d) Conveyances for Airport Use.--
(1) In general.--Subchapter III of chapter 5 of title 40,
United States Code, is amended by adding at the end the
following:
``Sec. 560. Conveyance for airport use
``The authority of any department, agency, or instrumentality of
the executive branch or wholly owned Government corporation to convey
surplus real and related personal property for public airport purposes
under subchapter II of title 49, shall be subject to the requirements
of this chapter, and any surplus real property available for conveyance
under that subchapter shall first be made available to the
Administrator for disposal under this subchapter, including conveyance
for any public benefit purposes, including public airport use, as the
Administrator, after consultation with the affected agencies, considers
advisable.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 559 the following:
``560. Conveyance for airport use.''.
(e) Acquisition of Personal Property or Related Services.--
(1) In general.--Section 503 of title 40, United States
Code, is amended to read as follows:
``Sec. 503. Exchange or sale of personal property
``In acquiring personal property or related services, or a
combination thereof, any executive agency, under regulations to be
prescribed by the Administrator, and subject to regulations prescribed
by the Administrator for Federal Procurement Policy pursuant to the
Office of Federal Procurement Policy Act (41 U.S.C. 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 section 545
of this title, and shall be exempt from the provisions of section 3709
of the Revised Statutes (41 U.S.C. 5).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of title 40, United States Code, is
amended by striking the item relating to section 503 and
inserting the following:
``503. Exchange or sale of personal property.''.
(f) Abandonment, Destruction, or Other Disposal.--
(1) In general.--Section 527 of title 40, United States
Code, is amended to read as follows:
``Sec. 527. Abandonment, destruction, or other disposal of property
``The Administrator may authorize the abandonment, destruction, or
other disposal of property if the property has no commercial value, or
if the estimated cost of continued care and handling of the property
would exceed the estimated fair market value.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of title 40, United States Code, is
amended by striking the item relating to section 527 and
inserting the following:
``527. Abandonment, destruction, or other disposal of property.''.
(g) Transfer of Surplus Personal Property to States.--Section 549
of title 40, United States Code, is amended as follows:
(1) In subsection (a)(1), by striking ``the fair and
equitable distribution, through donation,'' and inserting
``donation on a fair and equitable basis''.
(2) In subsection (c), by striking paragraph (4).
(3) By striking subsection (d), and redesignating
subsections (e) and (f) in order as subsections (d) and (e).
(4) Subsection (c)(2) is amended as follows:
``(2) Allocation among states.--The Administrator shall,
pursuant to criteria that 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 and the original acquisition cost
thereof.''.
(5) Subsection (c)(3) is amended--
(A) in subparagraph (A), by striking ``or'' after
the semicolon at the end;
(B) in subparagraph (B)--
(i) by striking clause (ii);
(ii) in clause (iv), by striking ``schools
for the mentally retarded or physically
handicapped'' and inserting ``schools for
persons with mental or physical disabilities'';
(iii) by amending clause (viii) to read as
follows:
``(viii) libraries and educational
activities identified by the Secretary of
Defense as being of special interest to the
Armed Services,'' following the word
``region,'';
(iv) by redesignating clauses (iii) through
(viii) in order as clauses (ii) through (vii);
and
(v) by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(C) to nonprofit institutions or organizations
that are exempt from taxation under section 501 of the
Internal Revenue Code of 1986 and that 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.''.
(h) Amendments to McKinney-Vento Homeless Assistance Act.--
(1) Amendments.--Section 501 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11411) is amended as follows:
(A) 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''.
(B) In the second sentence of subsection (a), by
inserting after ``to the Secretary'' the following: ``,
which shall not include information previously reported
on by the agency under this subsection''.
(C) Each of subsections (b)(1), (c)(1)(A), and
(c)(2)(A), by striking ``45'' and inserting ``30''.
(D) In subsection (c)(1)(A)(i), by inserting after
``(a)'' the following: ``that have not been previously
published''.
(E) In subsection (c)(1)(A)(ii), by inserting after
``properties'' the following: ``that have not been
previously published''.
(F) By striking subsections (c)(1)(D) and (c)(4).
(G) In subsection (c)(2)(B), by inserting ``(i)''
after ``(B)'', and by adding at the end the following:
``(ii) Efforts required under clause (i) include the following:
``(I) Publishing the information on an Internet website
maintained by the Secretary.
``(II) Providing notice of the information on such list to
the local Continuum of Care organization for homeless
assistance within the jurisdiction in which the property is
located, or if there is no such organization, then to the
State.
``(III) Providing notice of the information on such list to
the Emergency Food and Shelter Program National Board.
``(IV) Providing notice of the information on such list to
each Emergency Food and Shelter Program local board within the
State in which the property is located.
``(iii) The efforts required under clause (ii) shall be completed
within 3 business days after publication of the list in the Federal
Register. The Secretary shall certify in writing completion of such
efforts.''.
(H) In subsection (d)(1), by striking ``60 days
beginning on the date of such publication'' and
inserting ``90 days after the date the Secretary
certifies completion of the efforts required under
subsection (c)(2)''.
(I) In subsection (d)(2), by striking ``60'' and
inserting ``90''.
(J) In subsection (d)(4), by amending so much as
precedes subparagraph (B) to read as follows:
``(4)(A) Written notice of intent to apply for a property published
under subsection (c)(1)(A)(ii) may be filed at any time after the 90-
day period described in paragraph (1) has expired. An application
submitted pursuant to the notice may be approved for disposal for use
to assist the homeless only if the property remains available for use
to assist the homeless. If the property remains available for use to
assist the homeless, the use to assist the homeless shall be given the
same priority of consideration as a public health use under section
550(d) of title 40, United States Code.''.
(K) In subsection (e)(3), by inserting the
following 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.''.
(L) In subsection (f)(3)(A), by adding at the end
the following: ``Such priority of consideration shall
apply only with respect to properties as to which the
written notice of intent to apply for a property
referred to in subsection (d)(2) is received by the
Secretary of Health and Human Services within the 90-
day period described in subsection (d)(1).''.
(M) In subsection (h) in the heading, by striking
``Applicability to Property Under Base Closure
Process'' and inserting ``Exemptions''.
(N) In subsection (h), by adding at the end the
following:
``(3) The provisions of this section shall not apply to buildings
and property that--
``(A) are in a secured area for national defense purposes;
or
``(B) are inaccessible by road and that can be reached only
by crossing private property.''.
(O) In subsection (i), by striking ``and'' after
the semicolon at the end of paragraph (4), by striking
the period at the end of paragraph (5) and inserting
``; and'', and by adding at the end the following:
``(6) the term `suitable for use to assist the homeless'
includes, without limitation, suitable for permanent
housing.''.
(2) Survey and availability of properties in most recent
list.--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 most recent comprehensive list of properties
published pursuant to section 501(c)(1)(A) of the McKinney-
Vento Homeless Assistance Act remain available for application
for use to assist 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 this subsection) as if such properties had
been published under section 501(c)(1)(A)(ii) of such Act.
SEC. 6. MISCELLANEOUS.
(a) Scope and Construction.--The authorities granted by this Act to
the heads 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 of this Act. Except as expressly
provided herein, nothing in this Act shall be construed to repeal or
supersede any such authorities.
(b) No Waiver.--Nothing in this Act shall 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 Government of
the United States.
(c) Report of the Comptroller General.--Not later than 5 years
after the date of enactment of this Act, the Comptroller General of the
United States shall submit to the Congress a report on the use by
Federal landholding agencies of the authorities provided by this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Government Reform, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
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