Federal Property Low Hanging Fruit Act - Authorizes the head of each executive department to convey real and related property under the department's ownership and control and retain the net proceeds in an account within the Treasury. Makes such proceeds available to the department head to pay necessary and incidental costs for the department's property management activities, including acquisition, improvements, maintenance, reconstruction or construction needs.
Directs the head of each of the Departments of Defense (DOD), Agriculture, and Energy (DOE) and the General Services Administration (GSA) to develop and carry out a plan to enter into agreements with a nongovernmental person to: (1) lease at least 5, but not more than 10, federal real properties that are underutilized or excess; and (2) develop, rehabilitate, or renovate facilities on such leased properties. Requires such agreements to provide a lease option to the United States and indemnity for any actions, debts, or liability of the nongovernmental person. Directs the Comptroller General (GAO) to submit reports to Congress on the effectiveness of the plan.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5626 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5626
To provide uniform authority for executive departments to use funds
from the disposal of Federal real property and to establish a pilot
program in certain agencies for the use of public-private agreements to
enhance the efficiency of Federal real property.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2014
Ms. Michelle Lujan Grisham of New Mexico introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Oversight and
Government Reform, 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 provide uniform authority for executive departments to use funds
from the disposal of Federal real property and to establish a pilot
program in certain agencies for the use of public-private agreements to
enhance the efficiency of Federal real property.
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 Low Hanging Fruit
Act''.
SEC. 2. UNIFORM AUTHORITY FOR EXECUTIVE DEPARTMENTS TO USE FUNDS FROM
DISPOSAL OF FEDERAL REAL PROPERTY.
(a) Authority To Convey.--The head of each executive department
may--
(1) convey, by sale, lease, exchange, or otherwise,
including through leaseback arrangements, real and related
property, or interests therein, under their ownership and
control; and
(2) retain the net proceeds of such dispositions in an
account within the general fund of the United States Treasury
established for purposes of this section, to be used in
accordance with subsection (b).
(b) Use of Funds.--For purposes of subsection (a), the net proceeds
of such dispositions retained in the account of an executive department
pursuant to that subsection shall be available to the head of the
executive department, until expended and without further appropriation
and in compliance with other applicable provisions of law, to pay any
necessary and incidental costs incurred by such head in connection with
Federal property management activities of the executive department,
including acquisition, improvements, maintenance, reconstruction, or
construction needs. In conducting these activities, an executive
department may enter into agreements with the General Services
Administration for assistance.
(c) Regulations.--The Director of the Office of Management and
Budget, in consultation with the Administrator of General Services and
the Secretary of Defense, shall promulgate regulations to carry out
this section.
(d) Definitions.--In this section:
(1) Net proceeds.--The term ``net proceeds'', with respect
to a disposition of property or interests under this section,
means the rental, sales, and other sums received less the costs
of the disposition.
(2) Executive department.--The term ``executive
department'' means an Executive department listed in section
101 of title 5, United States Code.
SEC. 3. PUBLIC-PRIVATE AGREEMENT PILOT PROGRAM.
(a) Plan for Entering Into Public-Private Agreements.--
(1) In general.--The head of a covered agency shall develop
and carry out a plan to enter into one or more agreements with
a nongovernmental person, for the purposes described in
paragraph (2).
(2) Purposes.--The purposes of any agreement entered into
under paragraph (1) shall be--
(A) to lease Federal real properties that are
underutilized or excess, under the terms of subsection
(c); and
(B) to develop, rehabilitate, or renovate
facilities on such leased properties for the benefit of
the covered agency.
(3) Number of properties.--A total of at least 5, and not
more than 10, Federal real properties shall be leased under
agreements entered into under paragraph (1).
(b) Agreement Terms.--
(1) In general.--Each agreement entered into pursuant to
this section--
(A) shall have as its primary purpose the
enhancement of the functional and economic efficiency
of Federal real property;
(B) shall be negotiated pursuant to such procedures
as the head of the covered agency concerned considers
necessary to promote competition and protect the public
interest;
(C) shall provide a lease option to the United
States to occupy space in the facilities acquired,
constructed, or rehabilitated under the agreement, but
shall not guarantee occupancy by the United States;
(D) shall describe the consideration, duties, and
responsibilities for which the United States and the
nongovernmental person are responsible and may provide
for the alteration, repair, or improvement of the real
property as part or all of the consideration of the
nongovernmental person, notwithstanding any provision
of law, including section 1302 of title 40, United
States Code;
(E) shall provide--
(i) that the United States shall not be
liable for any actions, debts, or liability of
the nongovernmental person; and
(ii) that no person is authorized by the
agreement to execute any instrument or document
creating or evidencing any indebtedness unless
such instrument or document specifically
disclaims any liability of the United States
under the instrument or document; and
(F) shall provide that the leasehold interests of
the United States are senior to that of any lender to
the nongovernmental person.
(2) Ability to pledge as collateral.--Subparagraph (F)
shall not impair the ability of the nongovernmental person to
pledge as collateral its leasehold interest under a lease with
the United States entered into pursuant to the terms of
subsection (c).
(c) Lease of Real Property.--
(1) Authority.--Notwithstanding any other provision of law,
including sections 582 and 583 of title 40, United States Code,
the head of a covered agency may lease real property under an
agreement under subsection (a) to the nongovernmental person
that is party to the agreement.
(2) Period of lease.--A lease under this subsection may be
for such period as the head of the covered agency determines
appropriate.
(3) Relationship to homeless assistance act.--Real property
leased under this subsection shall not be considered unutilized
or underutilized for purposes of section 501 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11411) and may be
leased under this subsection without regard to any other
provision of law.
(d) Services.--Notwithstanding any other provision of law, the head
of a covered agency, or his or her designee, may provide services under
an agreement under subsection (a) to the nongovernmental person that is
party to the agreement on such terms as the head considers appropriate.
(e) Use and Deposit of Revenues.--
(1) Use of revenues.--Notwithstanding any other provision
of law, the head of a covered agency may retain and use any
revenues derived from agreements entered into under this
section for Federal property management activities of the
covered agency, including acquisition, improvements,
maintenance, reconstruction, or construction needs.
(2) Deposit of revenues.--Revenues received by the head of
a covered agency from an agreement under subsection (a) shall
be deposited--
(A) in the case of the General Services
Administration, into the fund created by section 592 of
title 40, United States Code; and
(B) in the case of any other covered agency, into
the account of the agency established under section
2(a).
(f) Plan.--
(1) Matters covered.--The plan of a covered agency required
under subsection (a) shall--
(A) identify the Federal real properties that the
head of the covered agency proposes to make available
under the agreement or agreements to be entered into
with one or more nongovernmental persons; and
(B) include performance measures by which the
proposed project or projects will be measured.
(2) Consultation with council.--In developing the plan
required under subsection (a), the head of a covered agency
shall consult with the Federal Real Property Council.
(g) Submissions to Congress of Plan and Agreements.--
(1) Submission of plan within 12 months.--The head of a
covered agency shall submit to Congress the plan required by
subsection (a) not later than 12 months after the date of the
enactment of this Act.
(2) Submission of each agreement to congress before
implementation.--The head of a covered agency shall submit to
Congress each agreement entered into under subsection (a) and
may not implement any such agreement until at least 30 days has
expired after the date of submission to Congress. The
submission to Congress under this paragraph shall also
include--
(A) an explanation of the agreement;
(B) the name, resources, and qualifications of the
nongovernmental person or persons that are party to the
agreement;
(C) the name of any other nongovernmental person
that submitted a proposal for the property that is the
subject of the agreement;
(D) the factors in support of the proposed project
or projects covered by the agreement; and
(E) the projected economic performance, including
expenditures and receipts, arising from the agreement.
(3) Submission of all agreements within 3 years.--The head
of a covered agency shall submit to Congress all agreements to
be entered into under the plan not later than 3 years after the
date of the enactment of this Act.
(h) Projected Economic Performance.--The head of a covered agency
shall describe, in the budget submitted by the President pursuant to
section 1105 of title 31, United States Code, for a fiscal year, the
projected economic performance, including expenditures and receipts,
arising from each agreement entered into pursuant this section and in
effect during such fiscal year.
(i) Definitions.--In this section:
(1) Covered agency.--The term ``covered agency'' means each
of the following:
(A) The Department of Defense.
(B) The Department of Agriculture.
(C) The Department of Energy.
(D) The General Services Administration.
(2) Head of a covered agency.--The term ``head of a covered
agency'' means each of the following:
(A) The Secretary of Defense.
(B) The Secretary of Agriculture.
(C) The Secretary of Energy.
(D) The Administrator of General Services.
(3) Federal real property.--The term ``Federal real
property'' means property, as that term is defined in section
102(9) of title 40, United States Code.
(4) Excess.--The term ``excess'', with respect to Federal
real property, means excess property as defined in section
102(3) of title 40, United States Code.
(5) Nongovernmental person.--The term ``nongovernmental
person'' means a limited liability company, limited
partnership, corporation, business trust, nonprofit entity, or
such other form of entity as the head of a covered agency may
designate.
(6) Executive agency.--The term ``executive agency'' has
the meaning provided in section 102(4) of title 40, United
States Code.
(j) Reports by Government Accountability Office.--The Comptroller
General of the United States shall submit to Congress two reports on
the effectiveness of the public-private agreement pilot program under
this section. The first report shall be submitted not later than 5
years after the date of the enactment of this section, and the second
report shall be submitted not later than 10 years after such date of
enactment. Each report shall include specific recommendations on how
best to use public-private agreements in all Federal agencies to
improve Federal real property management.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Oversight and Government Reform, 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 Transportation and Infrastructure, and in addition to the Committee on Oversight and Government Reform, 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.
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