I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Property Asset 

5 Management Reform Act of 2003’’. 
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1 SEC. 2. DEFINITION OF LANDHOLDING AGENCY. 

2 Section 102 of title 40, United States Code, is 

3 amended—

4 (1) by redesignating paragraphs (7) through 

5 (10) in order as paragraphs (8) through (11); and 

6 (2) by inserting after paragraph (6) the fol7 lowing: 

8 ‘‘(7) The term ‘landholding agency’—

9 ‘‘(A) subject to subparagraphs (B) and 

10 (C), means any Federal agency that, by specific 

11 or general statutory authority, has jurisdiction, 

12 custody, and control over property (as defined 

13 in paragraph (9)) that is real property;

14 ‘‘(B) does not include a Federal agency 

15 with respect to the agency—

16 ‘‘(i) disposing of an interest in real 

17 property for public benefit purposes pursu18 ant to any of sections 541 through 555 of 

19 this title; 

20 ‘‘(ii) holding lands in trust or re21 stricted fee status for individual Indians or 

22 Indian tribes; or 

23 ‘‘(iii) having jurisdiction over National 

24 Park System lands, National Forest Sys25 tem lands, or National Wildlife Refuge 

26 System lands; and 
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1 ‘‘(C) does not include the Bureau of Land 

2 Management.’’. 

3 SEC. 3. LIFE CYCLE PLANNING AND MANAGEMENT; EN4 HANCED AUTHORITIES FOR REAL PROPERTY 

5 ASSET MANAGEMENT.

6 (a) IN GENERAL.—Chapter 5 of subtitle I of title 40, 

7 United States Code, is amended by adding at the end the 

8 following: 

9 ‘‘SUBCHAPTER VII—LIFE CYCLE PLANNING 

10 AND MANAGEMENT; ENHANCED AUTHORI11 TIES FOR REAL PROPERTY ASSET MANAGE12 MENT 

13 ‘‘§ 621. Asset management principles, performance 

14 measurement, and database 

15 ‘‘(a) MANAGEMENT PRINCIPLES.—(1) Under the au16 thorities vested in the Administrator under section 121(c) 

17 of this title, the Administrator of General Services (in this 

18 subchapter referred to as the ‘Administrator’), in con19 sultation with the heads of Federal agencies and the Di20 rector of the Office of Management and Budget, shall es21 tablish and maintain current management principles to be 

22 applied by Federal agencies where appropriate to real and 

23 personal property assets subject to this chapter and under 

24 the jurisdiction, custody, and control of such agencies.
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1 ‘‘(2) With respect to the outlease of property through 

2 the use of public-private partnerships authorized under 

3 section 624(d) of this title, the principles under this sub4 section shall include the following:

5 ‘‘(A) Under no circumstances shall the liability 

6 of the Federal Government arising from an arrange7 ment with a nongovernmental entity or from the op8 eration of any partnership, cooperative venture, lim9 ited liability company, corporation, trust, or other 

10 business arrangement created as the result of an 

11 agreement with a nongovernmental entity exceed the 

12 amount of the Federal Government’s capital con13 tribution or equity contribution.

14 ‘‘(B)(i) Such projects may only be undertaken 

15 if the Federal asset is not developed to its highest 

16 and best use and the project is economically viable.

17 ‘‘(ii) For purposes of this subparagraph, deter18 mination of economic viability would include, among 

19 other relevant economic factors, the internal rate of 

20 return of the investment to the Government (with 

21 preference given to higher rates of return) at lease22 back rates not exceeding market rates.

23 ‘‘(C) Such projects may only be undertaken if 

24 the market conditions are favorable to development 
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1 and full occupancy by government and private ten2 ants. 

3 ‘‘(b) PERFORMANCE MEASUREMENT BENCH4 MARKS.—(1) The Administrator, in consultation with the 

5 heads of landholding agencies, shall establish performance 

6 measures to determine the effectiveness of Federal real 

7 property management.

8 ‘‘(2) The performance measures shall monitor and as9 sess the following: 

10 ‘‘(A) The disposal of real property assets.

11 ‘‘(B) The reduction in vacant Federal space. 

12 ‘‘(C) The realization of equity value in Federal 

13 real property assets.

14 ‘‘(D) The value added to Federal agency mis15 sions through cooperative arrangements with the 

16 commercial real estate community. 

17 ‘‘(E) The enhancement of Federal agency pro18 ductivity through an improved working environment. 

19 ‘‘(3) The performance measures shall be designed 

20 to—

21 ‘‘(A) enable the Congress and heads of Federal 

22 agencies to track progress in the achievement of 

23 property management objectives on a Government24 wide basis; and
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1 ‘‘(B) allow for comparing the performance of 

2 Federal agencies against industry and other public 

3 sector agencies. 

4 ‘‘(4) In developing and implementing the perform5 ance measures, the Administrator shall use existing data 

6 sources and automated data collection tools to the max7 imum extent practical. 

8 ‘‘(c) INVENTORY DATABASE.—(1) The Administrator 

9 shall establish and maintain a single, comprehensive, and 

10 descriptive database of all real property interests under 

11 the custody and control of each Federal agency. 

12 ‘‘(2)(A) For purposes of paragraph (1), the Adminis13 trator, in cooperation with the heads of other Federal 

14 agencies, shall collect from each Federal agency such de15 scriptive information, except for classified information, as 

16 the Administrator considers will best describe the nature, 

17 use, and extent of the real property holdings of the Fed18 eral Government. The head of a Federal agency shall 

19 promptly provide to the Administrator, upon request, such 

20 information regarding real property holdings under the 

21 custody and control of the agency.

22 ‘‘(B) For purposes of this paragraph, the term ‘real 

23 property holdings’ includes—
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1 ‘‘(i) all public lands (as that term is defined in 

2 section 103 of the Federal Land Policy and Manage3 ment Act of 1976 (43 U.S.C. 1702)); and

4 ‘‘(ii) all real property of the Federal Govern5 ment that is located outside of the 50 States, includ6 ing the District of Columbia, Puerto Rico, American 

7 Samoa, Guam, the Northern Mariana Islands, and 

8 the United States Virgin Islands.

9 ‘‘(3) To facilitate reporting of information on a uni10 form basis, the Administrator may establish data and 

11 other information technology standards for use by Federal 

12 agencies in developing or upgrading Federal agency real 

13 property information systems.

14 ‘‘(d) PUBLIC ACCESS TO INFORMATION.—(1) Except 

15 as provided in paragraphs (2) and (3), the listing compiled 

16 under this section shall be a public record.

17 ‘‘(2) The Administrator may withhold from public 

18 disclosure information included in the listing, including 

19 the location of classified facilities, if the Administrator de20 termines that withholding such information would be in 

21 the public interest. 

22 ‘‘(3) Nothing in this subsection requires an agency 

23 to make available to the public information that is exempt 

24 from disclosure pursuant to section 552 of title 5, United 
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1 States Code, popularly known as the Freedom of Informa2 tion Act. 

3 ‘‘(e) JURISDICTION OF ADMINISTRATOR.—Except for 

4 the purpose of maintaining the property listing required 

5 under subsection (c), nothing in this section authorizes the 

6 Administrator to assume jurisdiction over the acquisition, 

7 management, or disposal of real property not subject to 

8 this chapter. 

9 ‘‘§ 622. Senior real property officers 

10 ‘‘(a) IN GENERAL.—(1) Within 180 days after the 

11 effective date of this section, the head of each landholding 

12 agency shall appoint, or designate from among senior 

13 management officials of such agency, a Senior Real Prop14 erty Officer. Such individual shall have education, train15 ing, and real estate portfolio or facilities management ex16 perience required to administer the functions described 

17 under this section.

18 ‘‘(2) The head of any landholding agency may ap19 point a Real Property Officer for any major component 

20 of the agency. A Real Property Officer of a landholding 

21 agency, for the purposes of complying with the require22 ments of this chapter, shall report to the Senior Real 

23 Property Officer. 

24 ‘‘(b) RESPONSIBILITIES.—The Senior Real Property 

25 Officer of a landholding agency shall be responsible for 
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1 continuously monitoring real property assets of the agency 

2 so that—

3 ‘‘(1) real property of the agency, including its 

4 functional use, occupancy, reinvestment require5 ments, and future utility, is managed in a manner 

6 that is—

7 ‘‘(A) consistent with and supportive of the 

8 goals and objectives set forth in the agency’s 

9 strategic plan under section 306 of title 5, 

10 United States Code;

11 ‘‘(B) consistent with the real property 

12 asset management principles established by the 

13 Administrator under section 621(a) of this title; 

14 and 

15 ‘‘(C) reflected in an agency asset manage16 ment plan issued under subsection (c); 

17 ‘‘(2) real property assets that can benefit from 

18 the application of the enhanced asset management 

19 tools described in section 624 of this title are identi20 fied;

21 ‘‘(3) such enhanced asset management tools, in 

22 those cases in which a real property asset can so 

23 benefit, are applied in such a way that any resulting 

24 transaction shall—
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1 ‘‘(A) result in the agency receiving fair 

2 market value which, in the case of an exchange 

3 or sale of Federal real property, shall be based 

4 on an appraisal; and 

5 ‘‘(B) protect the Federal Government from 

6 unreasonable financial or other risks; 

7 ‘‘(4) provide to the Administrator annually—

8 ‘‘(A) a listing and description of the real 

9 property assets under the jurisdiction, custody, 

10 and control of that agency, including public 

11 lands of the United States and property located 

12 in foreign lands; and 

13 ‘‘(B) any other relevant information the 

14 Administrator may request, for inclusion in the 

15 Governmentwide listing of all Federal real prop16 erty interests established and maintained under 

17 section 621(c) of this title;

18 ‘‘(5) determine the performance of the agency 

19 against the performance measures established under 

20 section 621(b) of this title; and 

21 ‘‘(6) report the results to the Committee on 

22 Governmental Affairs of the Senate and the Com23 mittee on Government Reform of the House of Rep24 resentatives.
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1 ‘‘(c) CONSIDERATION OF AVAILABLE REAL PROP2 ERTY HOLDINGS.—Except as otherwise provided by Fed3 eral law, before a landholding agency acquires any interest 

4 in real property from any non-Federal source, the Senior 

5 Real Property Officer of the agency must give first consid6 eration to available Federal real property holdings.’’. 

7 ‘‘§ 623. Criteria for using enhanced asset manage8 ment tools 

9 ‘‘(a) IN GENERAL.—Subject to the requirements of 

10 subsection (b) of this section, the head of a landholding 

11 agency may apply an enhanced asset management tool de12 scribed in section 624 of this title to a real property inter13 est under the agency’s jurisdiction, custody, and control 

14 if—

15 ‘‘(1) the head of the agency has determined 

16 that such real property interest is not excess prop17 erty, and includes as part of the documentation re18 quired under subsection (b)(3) a description of the 

19 need and mission requirement fulfilled by the Fed20 eral property;

21 ‘‘(2) the real property interest is used to fulfill 

22 or support a continuing mission requirement of the 

23 agency; and 
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1 ‘‘(3) the real property interest can, by the ap2 plication of the enhanced asset management tool, 

3 improve the support of such mission. 

4 ‘‘(b) CRITERIA FOR APPLICATION.—Before applying 

5 an enhanced asset management tool defined in section 624 

6 of this title to a real property interest identified under sub7 section (a), the head of the agency, in consultation with 

8 the Administrator, must determine that such application 

9 meets all of the following criteria: 

10 ‘‘(1) The application supports the goals and ob11 jectives set forth in the agency’s strategic plan under 

12 section 306 of title 5, United States Code, and the 

13 agency’s real property asset management plan under 

14 section 622 of this title. 

15 ‘‘(2) Use of the real property is economical, 

16 cost effective, and in the best interests of the United 

17 States. 

18 ‘‘(3) The application is documented in a busi19 ness plan that, commensurate with the nature of the 

20 selected tool—

21 ‘‘(A) analyzes all reasonable options for 

22 using the property; 

23 ‘‘(B) describes how the application will be 

24 in compliance with applicable provisions of law, 

25 including such provisions of—
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1 ‘‘(i) the National Environmental Pol2 icy Act of 1969 (42 U.S.C. 4321 et seq.); 

3 and 

4 ‘‘(ii) the McKinney-Vento Homeless 

5 Assistance Act (42 U.S.C. 11301 et seq.), 

6 including by—

7 ‘‘(I) describing the result of the 

8 determination under that Act by the 

9 Secretary of Housing and Urban De10 velopment of the suitability of the 

11 property for use to assist the home12 less; and 

13 ‘‘(II) explaining the rationale for 

14 the landholding agency’s decision not 

15 to make the property available for use 

16 to assist the homeless; and 

17 ‘‘(C) establishes effective procedures for 

18 soliciting, assessing, and taking into account 

19 input from the local community. 

20 ‘‘§ 624. Enhanced asset management tools 

21 ‘‘(a) INTERAGENCY TRANSFERS OR EXCHANGES.—

22 The head of any landholding agency may acquire replace23 ment real property by transfer or exchange of real prop24 erty subject to this chapter with other Federal agencies 
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1 under terms mutually agreeable to the heads of the agen2 cies involved. 

3 ‘‘(b) SALES TO OR EXCHANGES WITH NON-FEDERAL

4 SOURCES.—The head of a landholding agency may ac5 quire replacement real property by selling or exchanging 

6 a real property asset or interests therein with any non7 Federal source: Provided, That—

8 ‘‘(1) the transaction does not conflict with other 

9 applicable laws governing the acquisition of interests 

10 in real property by Federal agencies; 

11 ‘‘(2) following consultation with the Adminis12 trator, the agency first made the property available 

13 for transfer or exchange to other Federal agencies; 

14 and 

15 ‘‘(3) the transaction results in the agency re16 ceiving fair market value, which shall be based upon 

17 an appraisal. 

18 ‘‘(c) SUBLEASES.—(1) The head of any landholding 

19 agency may, by lease, permit, license or similar instru20 ment, make available in accordance with this subsection 

21 to any other Federal agency or to any non-Federal entity 

22 the unexpired portion of any government lease for real 

23 property.
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1 ‘‘(2) The term of any sublease under this subsection 

2 shall not exceed the unexpired portion of the term of the 

3 original government lease of the property. 

4 ‘‘(3) The head of a landholding agency may not sub5 lease property under this subsection unless the sublease 

6 results in the agency receiving fair market rental value 

7 for the property. 

8 ‘‘(4) Before subleasing property under this subsection 

9 to a private person, the head of a landholding agency, in 

10 consultation with the Administrator, shall give consider11 ation to the needs of the following entities, with the needs 

12 of entities listed in subparagraph (A) being considered be13 fore the needs of entities listed in subparagraph (B): 

14 ‘‘(A) The needs of each of the following entities, 

15 equally, shall be given first consideration by the 

16 agency: 

17 ‘‘(i) Federal agencies. 

18 ‘‘(ii) Indian tribes (as that term is defined 

19 in section 4 of the Indian Health Care Improve20 ment Act (25 U.S.C. 1603)), urban Indian or21 ganizations (as defined in that section), and 

22 tribal organizations (as defined by section 4 of 

23 the Indian Self-Determination and Education 

24 Assistance Act (25 U.S.C. 450b)), through the 

25 Secretary of the Interior and the Secretary of
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1 Health and Human Services, if the property is 

2 to be used for purposes in connection with an 

3 Indian self-determination contract or grant pur4 suant to the Indian Self-Determination Act (25 

5 U.S.C. 450f et seq.).

6 ‘‘(B) The needs of each of the following enti7 ties, equally, shall be given second consideration by 

8 the agency: 

9 ‘‘(i) State and local governments. 

10 ‘‘(ii) Indian tribes, tribal organizations, 

11 and urban Indian organizations (as defined in 

12 the provisions referred to in subparagraph 

13 (A)(ii)), through the Secretary of the Interior 

14 and the Secretary of Health and Human Serv15 ices, if the property is to be used for purposes 

16 other than the purposes referred to in subpara17 graph (A)(ii) and such use of the property is 

18 authorized by law other than this subsection. 

19 ‘‘(d) OUTLEASES AND PUBLIC PRIVATE PARTNER20 SHIPS.—(1) The head of any landholding agency may 

21 make available by outlease agreements with other Federal 

22 agencies and non-Federal entities any unused or 

23 underused portion of or interest in any real and related 

24 personal property of the landholding agency, if—

25 ‘‘(A) the agency head finds that—
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1 ‘‘(i) there is no long-term mission require2 ment for the property, but the Federal Govern3 ment is not permitted to dispose of it; or

4 ‘‘(ii)(I) there is a continuing, long-term 

5 mission requirement of the landholding agency 

6 for the property to remain in Government own7 ership; and 

8 ‘‘(II) the use of the real property by the 

9 lessee will not be inconsistent with such mis10 sion; and 

11 ‘‘(B) in the case of an outlease to a non-Fed12 eral entity, the outlease is conducted competitively. 

13 If the agency head makes a finding under subparagraph 

14 (A)(ii), the agency head shall include a written rationale 

15 for the finding of a continuing Federal need for the prop16 erty in the business plan submitted under section 

17 623(b)(3) of this title. 

18 ‘‘(2) To reduce vacant space and realize the equity 

19 value of Government-owned real property assets, provide 

20 Federal agencies with modern functional work environ21 ments, and work cooperatively with the commercial real 

22 estate community, the landholding agency may enter into 

23 an agreement with a non-Federal entity. Any agreement 

24 under this subsection—
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1 ‘‘(A) may be to a partnership, cooperative ven2 ture, limited liability company, corporation, trust, 

3 sole proprietorship, or other business arrangement; 

4 ‘‘(B) shall be for a term no longer than 50 

5 years; 

6 ‘‘(C) shall result in the agency receiving fair 

7 market value which, in the case of an exchange or 

8 sale of Federal real property, shall be based upon an 

9 appraisal; 

10 ‘‘(D) may provide a leaseback option to the 

11 Federal Government to occupy space in any facilities 

12 acquired, constructed, repaired, renovated, or reha13 bilitated by the nongovernmental entity: Provided, 

14 That the agreement does not guarantee Government 

15 occupancy; any subsequent agreements to leaseback 

16 space in such facilities must be in accordance with 

17 the competition requirements of title III of the Fed18 eral Property and Administrative Services Act of 

19 1949 (41 U.S.C. 251 et seq.);

20 ‘‘(E) shall provide—

21 ‘‘(i) that neither the United States, nor its 

22 agencies or employees, shall be liable for any 

23 actions, debts, or liability of the non-Federal 

24 entity; and 
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1 ‘‘(ii) that neither the lessee nor the non2 Federal entity shall be authorized to execute 

3 and shall not execute any instrument or docu4 ment creating or evidencing any indebtedness 

5 unless such instrument or document specifically 

6 disclaims any liability of the United States, and 

7 of any Federal agency or employee thereunder, 

8 in excess of the Government’s capital contribu9 tion in the non-Federal entity; 

10 ‘‘(F) shall provide—

11 ‘‘(i) that the Government’s interest under 

12 the agreement is senior to that of any lender to 

13 the non-Federal entity; and 

14 ‘‘(ii) that under no circumstances shall the 

15 liability of the United States arising from its 

16 arrangement with the non-Federal entity, or 

17 from the operations of any partnership, cooper18 ative venture, limited liability company, cor19 poration, trust, or other business arrangement 

20 created as the result of the agreement with the 

21 non-Federal entity, exceed the amount of the 

22 Federal Government’s capital contribution or 

23 equity contribution to the partnership, coopera24 tive venture, limited liability company, corpora25 tion, trust, or other business arrangement; and
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1 ‘‘(G) may contain such other terms and condi2 tions as the head of the landholding agency making 

3 the property available considers necessary to protect 

4 the interests of the Federal Government. 

5 ‘‘(3) In making property available for use or outlease 

6 under this subsection, the landholding agency shall follow 

7 the order of consideration listed in subsection (c)(4). 

8 ‘‘(4) Before a landholding agency executes any agree9 ment authorized under this subsection that would result 

10 in the development or substantial rehabilitation or renova11 tion of Federal assets under a business arrangement with 

12 a non-Federal entity, the head of such agency shall under13 take an analysis of the proposed arrangement or trans14 action to determine the business and legal risks and bene15 fits to the Federal Government that would likely result 

16 from the proposed arrangement or transaction. 

17 ‘‘(5)(A) For the sole purpose of scoring leaseback 

18 agreements for purposes of the Federal budget, if the non19 Federal entity shall exercise management control of the 

20 business of the public-private entity referenced under 

21 paragraph (2)(A) and holds a majority interest in owner22 ship in the public-private venture, then the project shall 

23 not be considered to be constructed on Government-owned 

24 land.
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1 ‘‘(B) All leaseback agreements must meet the re2 quirements of an operating lease as specified in relevant 

3 Office of Management and Budget circulars.

4 ‘‘(6) If, during the term of an outlease involving the 

5 development or substantial rehabilitation or renovation of 

6 a Federal asset in a business arrangement with a non7 Federal entity, the head of the landholding agency deter8 mines that the property is no longer needed by the land9 holding agency, the head of the agency may initiate action 

10 for the transfer to the non-Federal entity of all right, title, 

11 and interest of the United States in the property by re12 questing the Administrator of General Services to dispose 

13 of the property. A disposition under this section may be 

14 made for such consideration as the head of the land15 holding agency and the Administrator jointly determine is 

16 in the best interests of the United States and upon such 

17 other terms and conditions as the head of the landholding 

18 agency and the Administrator consider appropriate. 

19 ‘‘(7)(A) If a landholding agency retains authority 

20 over any decision to construct or alter buildings on prop21 erty leased by the agency to a non-Federal entity under 

22 this subsection, then any such construction or alteration 

23 shall comply with section 628 of this title.

24 ‘‘(B)(i) If landholding agency does not retain author25 ity over any decision to construct or alter buildings on 
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1 property leased by the agency to a non-Federal entity 

2 under this subsection, then any such construction or alter3 ation shall comply with all laws described in clause (ii) 

4 that would apply to such construction or alteration if the 

5 property were not Federal property. 

6 ‘‘(ii) The laws referred to in clause (i) are all laws 

7 of a State, and of a political subdivision of a State, relat8 ing to zoning, landscaping, open space, minimum distance 

9 of a building from a property line, maximum building 

10 height, historic preservation, esthetic qualities of a build11 ing, building codes, and similar matters, and any other 

12 State or local laws relating to construction or alteration 

13 of a building, respectively, by the non-Federal entity on 

14 non-Federal lands. 

15 ‘‘(8) This subsection shall not be construed to affect 

16 any other authority of any Federal agency to outlease 

17 property or to otherwise make property available for any 

18 reason. 

19 ‘‘(9) The authority to enter into agreements under 

20 subsection (b) and this subsection expires 10 years after 

21 the date of enactment of this subsection. 

22 ‘‘(10) The Comptroller General of the United States 

23 shall submit biennial reports to the Congress, including 

24 to the Committee on Government Reform of the House 

25 of Representatives and the Committee on Governmental 
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1 Affairs of the Senate, on the effectiveness of the use of 

2 authority under this subsection. 

3 ‘‘§ 625. Review and revision of transactions by admin4 istrator 

5 ‘‘The Administrator may, in the sole discretion of the 

6 Administrator, review any transaction of an agency under7 taken utilizing authority under section 624 of this title. 

8 After such review, the Administrator may disapprove such 

9 transaction if the Administrator determines the trans10 action does not reflect due diligence by the agency, is not 

11 in the best interest of the United States, or does not com12 ply with the requirements of this chapter. 

13 ‘‘§ 626. Forms of consideration 

14 ‘‘Notwithstanding any other provision of law, the 

15 forms of consideration received by the United States in 

16 a transaction under section 624 of this title may include 

17 cash or cash equivalents, other property (either real or 

18 personal), in-kind assets, services related to the trans19 action, future consideration, or any combination thereof. 

20 ‘‘§ 627. Transactional reports 

21 ‘‘(a) IN GENERAL.—For those transactions author22 ized under section 624 of this title involving the sale, ex23 change, or outlease to a non-Federal entity of any asset 

24 valued in excess of $700,000 at the time of the trans25 action, the head of the landholding agency performing the 
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1 transaction shall submit the business plan required by sec2 tion 623(b)(3) of this title to the Director of the Office 

3 of Management and Budget, the Committee on Govern4 mental Affairs of the Senate, and the Committee on Gov5 ernment Reform of the House of Representatives at least 

6 30 calendar days before the final execution of such trans7 action. 

8 ‘‘(b) ADJUSTMENT OF THRESHOLD.—The Adminis9 trator of General Services may increase or decrease the 

10 dollar amount in subsection (a) to reflect a percentage in11 crease or decrease in the Department of Commerce Con12 sumer Price Index. 

13 ‘‘§ 628. Compliance with nationally recognized codes 

14 ‘‘(a) BUILDING CODES.—Each building with respect 

15 to which this section applies may be constructed or al16 tered, to the maximum extent feasible as determined by 

17 the head of the landholding agency having authority with 

18 respect to the property on which the building is (or will 

19 be) located, only in compliance with one of the nationally 

20 recognized model building codes and with other applicable 

21 nationally recognized codes. Such other codes shall in22 clude, but not be limited to, electrical codes, fire and life 

23 safety codes, and plumbing codes, as determined appro24 priate by the head of that agency. In carrying out this 

25 subsection, the head of that agency shall require use of 
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1 the latest edition of the nationally recognized codes re2 ferred to in this subsection. 

3 ‘‘(b) ZONING LAWS.—Each building with respect to 

4 which this section applies may be constructed or altered 

5 only after consideration of all requirements (other than 

6 procedural requirements) of—

7 ‘‘(1) zoning laws; and 

8 ‘‘(2) laws relating to landscaping, open space, 

9 minimum distance of a building from the property 

10 line, maximum height of a building, historic preser11 vation, and esthetic qualities of a building, and other 

12 similar laws, 

13 of a State or a political subdivision of a State that would 

14 apply to the building if it were not a building constructed 

15 or altered by a Federal agency. 

16 ‘‘(c) SPECIAL RULES.—

17 ‘‘(1) STATE AND LOCAL GOVERNMENT CON18 SULTATION, REVIEW, AND INSPECTIONS.—For pur19 poses of meeting the requirements of subsections (a) 

20 and (b) with respect to a building, the person car21 rying out the construction or alteration shall—

22 ‘‘(A) in preparing plans for the building, 

23 consult with appropriate officials of the State or 

24 political subdivision, or both, in which the build25 ing is (or will be) located;
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1 ‘‘(B) upon request, submit such plans in a 

2 timely manner to such officials for review by 

3 such officials for a reasonable period of time 

4 not exceeding 30 days; and 

5 ‘‘(C) permit inspection by such officials 

6 during construction or alteration of the build7 ing, in accordance with the customary schedule 

8 of inspections for construction or alteration of 

9 buildings in the locality, if such officials provide 

10 to the person—

11 ‘‘(i) a copy of such schedule before 

12 construction of the building is begun; and 

13 ‘‘(ii) reasonable notice of their inten14 tion to conduct any inspection before con15 ducting such inspection. 

16 ‘‘(2) LIMITATION ON STATE RESPONSIBIL17 ITIES.—Nothing in this section imposes an obliga18 tion on any State or political subdivision to take any 

19 action under paragraph (1). 

20 ‘‘(d) STATE AND LOCAL GOVERNMENT REC21 OMMENDATIONS.—Appropriate officials of a State or a po22 litical subdivision of a State may make recommendations 

23 to the head of a landholding agency concerning measures 

24 necessary to meet the requirements of subsections (a) and 

25 (b). Such officials may also make recommendations to the 
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1 head of the landholding agency concerning measures that 

2 should be taken in the construction or alteration of the 

3 building to take into account local conditions. The head 

4 of the landholding agency shall give due consideration to 

5 any such recommendations. 

6 ‘‘(e) EFFECT OF NONCOMPLIANCE.—No action may 

7 be brought against the United States and no fine or pen8 alty may be imposed against the United States for failure 

9 to meet the requirements of subsection (a), (b), or (c) or 

10 for failure to carry out any recommendation under sub11 section (d). 

12 ‘‘(f) LIMITATION ON LIABILITY.—The United States 

13 and its contractors shall not be required to pay any 

14 amount for any action taken by a State or a political sub15 division of a State to carry out this section (including re16 viewing plans, carrying out on-site inspections, issuing 

17 building permits, and making recommendations). 

18 ‘‘(g) NATIONAL SECURITY WAIVER.—This section 

19 shall not apply with respect to any building if the head 

20 of the landholding agency determines that the application 

21 of this section to the building would adversely affect na22 tional security. A determination under this subsection 

23 shall not be subject to administrative or judicial review. 
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1 ‘‘§ 629. Limitation on certain agency actions 

2 ‘‘(a) IN GENERAL.—Notwithstanding any other pro3 vision of law, no Federal agency may take any of the ac4 tions described in subsection (b) with respect to—

5 ‘‘(1) Federal land and improvements in Los An6 geles, California, consisting of approximately 388 

7 acres, bounded by the 405 Freeway, Ohio Avenue, 

8 Butler Avenue, Rochester Avenue, Federal Avenue, 

9 San Vicente Boulevard, Bringham Avenue, Chayote 

10 Street, Woodburn Drive, and Waterford Street; or 

11 ‘‘(2) Federal land and improvements in Sepul12 veda, California, consisting of approximately 154 

13 acres, bounded by Woodley Avenue, Lassen Street, 

14 Haskell Avenue, and Plumber Street. 

15 ‘‘(b) ACTIONS DESCRIBED.—Actions referred to in 

16 subsection (a) are the following: 

17 ‘‘(1) Actions involving the use of enhanced asset 

18 management tools under section 624 of this title. 

19 ‘‘(2) Determining real property to be excess 

20 property. 

21 ‘‘(3) Disposing of real property.’’.

22 (b) REPEAL.—Section 1302 of title 40, United States 

23 Code, is repealed. 

24 (c) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of chapter 5 of subtitle I of title 40, 
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1 United States Code, is amended by inserting after the 

2 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.’’.

3 SEC. 4. INCENTIVES FOR REAL AND PERSONAL PROPERTY 

4 MANAGEMENT IMPROVEMENT. 

5 (a) TREATMENT OF PROCEEDS OF FEDERAL PROP6 ERTY DISPOSALS.—Subchapter IV of chapter 5 of title 40, 

7 United States Code, is amended as follows: 

8 (1) In section 572—

9 (A) by redesignating subsection (b) as sub10 section (d); and 

11 (B) by striking subsection (a) and insert12 ing the following: 

13 ‘‘§ 572. Real property 

14 ‘‘(a) AGENCY RETENTION OF PROCEEDS FROM REAL

15 AND PERSONAL PROPERTY.—(1) Proceeds resulting from 

16 the transfer or disposition of real property and related per17 sonal property under this chapter shall be credited to the 

18 fund, account (including the capital asset account under 
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1 subsection (b)), or appropriation of the landholding agency 

2 that made the property available for transfer or disposi3 tion and shall be treated as provided in subsections (b) 

4 and (c).

5 ‘‘(2) Proceeds from any transfer of excess personal 

6 property to a Federal agency or from any sale, lease, or 

7 other disposition of surplus personal property shall be 

8 treated as prescribed in section 573 of this title or as oth9 erwise authorized by law.

10 ‘‘(3) All proceeds from the transfer or disposition of 

11 property under this chapter that are not deposited or cred12 ited to a specific agency account shall be covered into the 

13 Treasury as miscellaneous receipts except as provided in 

14 sections 572, 573, and 574 of this title or as otherwise 

15 authorized by law. 

16 ‘‘(b) MONETARY PROCEEDS TO AGENCY CAPITAL

17 ASSET ACCOUNTS.—(1) Monetary proceeds received by 

18 agencies from the transfer or disposition of real and re19 lated personal property shall be credited to an existing ac20 count or an account to be established in the Treasury to 

21 pay for the capital asset expenditures of the particular 

22 agency making the property available. Such account shall 

23 be known as the agency’s capital asset account. 

24 ‘‘(2) Subject to subsection (c), any amounts credited 

25 or deposited to such account under this section, along with
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1 such other amounts as may be appropriated or credited 

2 from time to time in annual appropriations Acts, shall be 

3 devoted to the sole purpose of funding that agency’s cap4 ital asset expenditures, including any expenses necessary 

5 and incident to the agency’s real property capital acquisi6 tions, improvements, and dispositions, and such funds 

7 shall remain available until expended, in accordance with 

8 the agency’s asset management plan under section 622 of 

9 this title, without further authorization: Provided, That—

10 ‘‘(A) moneys from an exchange or sale of real 

11 property, or a portion of a real property holding, 

12 under section 624(b) of this title shall be applied 

13 only to the replacement of that property or to the 

14 rehabilitation of the portion of that real property 

15 holding that remains in Federal ownership; and 

16 ‘‘(B) the head of each landholding agency shall 

17 include with the materials the agency annually sub18 mits under section 1105 of title 31, United States 

19 Code, a detailed accounting of all real property 

20 transactions carried out under this title and of re21 ceipts and disbursements from the agency’s capital 

22 asset account during the previous fiscal year.

23 ‘‘(c) TRANSACTIONAL AND OTHER COSTS.—Federal 

24 agencies may be reimbursed from the monetary proceeds 

25 of real property dispositions under this chapter or from 
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1 other available resources, including from the agency’s cap2 ital asset account, for the full costs, direct and indirect, 

3 to the agency disposing of such property, including the 

4 costs of site remediation, restoration, or other environ5 mental services, relocating affected tenants and occupants, 

6 advertising and marketing, community outreach, sur7 veying, appraisal, brokerage, historic preservation services, 

8 title insurance, due diligence, document notarization and 

9 recording services, and the costs of managing leases and 

10 providing necessary services to the lessees.’’. 

11 (2) In subsection (d)(5) of section 572, as so 

12 redesignated—

13 (A) in subparagraph (A), by striking ‘‘(less 

14 expenses of the transfer or disposition as pro15 vided in subsection (a))’’ and inserting ‘‘(less 

16 the costs of the disposition, as provided in sub17 section (c))’’; and 

18 (B) by striking ‘‘To the extent provided in 

19 an appropriations law, an amount’’ and insert20 ing ‘‘An amount’’. 

21 (3) By amending section 573 to read as follows: 

22 ‘‘§ 573. Personal property 

23 ‘‘(a) IN GENERAL.—A Federal agency may retain 

24 from the proceeds of the sale of personal property amounts 

25 necessary to recover, to the extent practicable, the full 
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•HR 2548 IH 

1 costs, direct and indirect, incurred by the agency in dis2 posing of such property, including the costs for 

3 warehousing, storage, environmental services, advertising, 

4 appraisal, and transportation of the property. 

5 ‘‘(b) DEPOSIT, AVAILABILITY, AND TRANSFER.—

6 Such amounts shall be deposited into an account that shall 

7 be available for such costs without regard to fiscal year 

8 limitations. Amounts that are not needed to pay such costs 

9 shall be transferred at least annually to the general fund 

10 or to a specific account in the Treasury as otherwise au11 thorized by law.’’.

12 (b) RELATIONSHIP TO OTHER LAW.—(1) Nothing in 

13 this Act shall be construed to repeal or supersede any 

14 other provision of Federal law directing the use of pro15 ceeds from specific real property transactions or directing 

16 how or where a particular Federal agency is to deposit, 

17 credit, or use the proceeds from the sale, exchange, or 

18 other disposition of Federal property except as expressly 

19 provided for in this Act. 

20 (2) Section 2(a) of the Land and Water Conservation 

21 Fund Act of 1965 (16 U.S.C. 460l–5(a)) is superseded 

22 only to the extent that chapter 5 of title 40, United States 

23 Code, or a provision of this Act, provides for an alternative 

24 disposition of the proceeds from the disposal of any sur-
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1 plus real property and related personal property subject 

2 to this Act, or the disposal of any interest therein.

3 (3) Subsection 3302(b) of title 31, United States 

4 Code, is superseded only to the extent that this Act or 

5 any other Act provides for the disposition of money re6 ceived by the Government.

7 (c) IMPLEMENTATION FOR FISCAL YEARS 2003–

8 2007.—For purposes of implementing this section, the fol9 lowing shall apply: 

10 (1) For each of fiscal years 2003 through 2007, 

11 the Director of the Office of Management and Budg12 et shall allocate to each agency a pro rata share of 

13 the baseline estimate of total surplus real property 

14 sales receipts transferred to the Land and Water 

15 Conservation Fund as set forth in the President’s 

16 budget for fiscal year 2003, made pursuant to sec17 tion 1109 of title 31, United States Code. The Di18 rector of the Office of Management and Budget 

19 shall notify the affected agencies and the Appropria20 tions Committees of the House of Representatives 

21 and the Senate in writing of this allocation within 

22 30 days after the date of enactment of this Act and 

23 shall not subsequently revise the allocation.

24 (2) On September 30 of each such fiscal year, 

25 each agency shall remit to the Treasury an amount 
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1 equal to its allocation for that fiscal year, out of the 

2 proceeds realized from any sales of the agency’s sur3 plus real property assets during that fiscal year.

4 (3) If an agency’s actual sale proceeds in any 

5 such fiscal year are less than the amount allocated 

6 to it by the Director of the Office of Management 

7 and Budget for that fiscal year, the agency shall 

8 remit all of its sale proceeds to the Treasury, and 

9 its allocation for the subsequent fiscal year shall be 

10 increased by the difference. 

11 (4) On September 30, 2007, if an agency has 

12 remitted less sale proceeds to the Treasury than its 

13 total allocation for the five years, the agency shall 

14 remit the difference to the Treasury out of any other 

15 funds available to the agency.

16 SEC. 5. STREAMLINED AND ENHANCED DISPOSAL AU17 THORITIES. 

18 (a) PUBLIC BENEFIT CONVEYANCES TO STATE AND

19 LOCAL GOVERNMENTS.—Section 550(h)(1)(A) of title 40, 

20 United States Code, is amended as follows: 

21 (1) By striking ‘‘or municipality’’ and inserting 

22 ‘‘municipality, or a qualified nonprofit organization 

23 established for the primary purpose of preserving 

24 historic monuments,’’.
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1 (2) By inserting after the first sentence the fol2 lowing: ‘‘Such property may be conveyed to a non3 profit organization only if the State, political sub4 division, instrumentalities thereof, and municipality 

5 in which the property is located do not request con6 veyance of the property under this section within 30 

7 days after notice to them of the proposed conveyance 

8 by the Administrator to that nonprofit organiza9 tion.’’. 

10 (b) DUTIES OF SECRETARY OF INTERIOR.—Section 

11 550(b)(2)(C) of title 40, United States Code, is amended 

12 to read as follows: 

13 ‘‘(C) the Secretary of the Interior, for property 

14 transferred under subsection (e) for public park or 

15 recreation use, or under subsection (h) for use as a 

16 historic monument;’’. 

17 (c) NEGOTIATED DISPOSALS.—Section 545 of title 

18 40, United States Code, is amended as follows:

19 (1) In paragraph (1), by striking ‘‘public inter20 est—’’ and all that follows through ‘‘for a period’’ 

21 and inserting ‘‘public interest for a period’’. 

22 (2) By striking paragraphs (2), (3), and (5). 

23 (3) By redesignating paragraphs (4), (6), (7), 

24 (8), and (9) in order as paragraphs (2) through (6). 
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1 (4) By amending paragraph (6) (as so redesig2 nated) to read as follows: 

3 ‘‘(6) otherwise authorized by this chapter or 

4 other law or, with respect to personal property, the 

5 negotiated disposal is considered by the agency head 

6 to be advantageous to the Government.’’.

7 (5) In subsection (e), by amending paragraph 

8 (1) to read as follows: 

9 ‘‘(1) REQUIREMENT.—An explanatory state10 ment of the circumstances shall be prepared for each 

11 disposal by negotiation of any real property that has 

12 an estimated fair market value in excess of 

13 $700,000. The dollar amount in the preceding sen14 tence may be increased or decreased by the Adminis15 trator to reflect a percentage increase or decrease in 

16 the Department of Commerce Consumer Price 

17 Index.’’. 

18 (6) By striking paragraph (3). 

19 (d) CONVEYANCES FOR AIRPORT USE.—

20 (1) IN GENERAL.—Subchapter III of chapter 5 

21 of title 40, United States Code, is amended by add22 ing at the end the following: 

23 ‘‘§ 560. Conveyance for airport use 

24 ‘‘The authority of any department, agency, or instru25 mentality of the executive branch or wholly owned Govern-
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1 ment corporation to convey surplus real and related per2 sonal property for public airport purposes under sub3 chapter II of title 49, shall be subject to the requirements 

4 of this chapter, and any surplus real property available 

5 for conveyance under that subchapter shall first be made 

6 available to the Administrator for disposal under this sub7 chapter, including conveyance for any public benefit pur8 poses, including public airport use, as the Administrator, 

9 after consultation with the affected agencies, considers ad10 visable.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of such chapter is amended 

13 by inserting after the item relating to section 559 

14 the following:

‘‘560. Conveyance for airport use.’’.

15 (e) ACQUISITION OF PERSONAL PROPERTY OR RE16 LATED SERVICES.—

17 (1) IN GENERAL.—Section 503 of title 40, 

18 United States Code, is amended to read as follows: 

19 ‘‘§ 503. Exchange or sale of personal property 

20 ‘‘In acquiring personal property or related services, 

21 or a combination thereof, any executive agency, under reg22 ulations to be prescribed by the Administrator, and sub23 ject to regulations prescribed by the Administrator for 

24 Federal Procurement Policy pursuant to the Office of 

25 Federal Procurement Policy Act (41 U.S.C. 401 et seq.), 
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1 may exchange or sell personal property and may apply the 

2 exchange allowance or proceeds of sale in such cases in 

3 whole or in part payment for similar property or related 

4 services, or a combination thereof, acquired: Provided, 

5 That any transaction carried out under the authority of 

6 this subsection shall be evidenced in writing. Sales of prop7 erty pursuant to this subsection shall be governed by sec8 tion 545 of this title, and shall be exempt from the provi9 sions of section 3709 of the Revised Statutes (41 U.S.C. 

10 5).’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 5 of title 40, 

13 United States Code, is amended by striking the item 

14 relating to section 503 and inserting the following:

‘‘503. Exchange or sale of personal property.’’.

15 (f) ABANDONMENT, DESTRUCTION, OR OTHER DIS16 POSAL.—

17 (1) IN GENERAL.—Section 527 of title 40, 

18 United States Code, is amended to read as follows: 

19 ‘‘§ 527. Abandonment, destruction, or other disposal 

20 of property 

21 ‘‘The Administrator may authorize the abandonment, 

22 destruction, or other disposal of property if the property 

23 has no commercial value, or if the estimated cost of contin24 ued care and handling of the property would exceed the 

25 estimated fair market value.’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 5 of title 40, 

3 United States Code, is amended by striking the item 

4 relating to section 527 and inserting the following:

‘‘527. Abandonment, destruction, or other disposal of property.’’.

5 (g) TRANSFER OF SURPLUS PERSONAL PROPERTY

6 TO STATES.—Section 549 of title 40, United States Code, 

7 is amended as follows: 

8 (1) In subsection (a)(1), by striking ‘‘the fair 

9 and equitable distribution, through donation,’’ and 

10 inserting ‘‘donation on a fair and equitable basis’’. 

11 (2) In subsection (c), by striking paragraph (4). 

12 (3) By striking subsection (d), and redesig13 nating subsections (e) and (f) in order as sub14 sections (d) and (e). 

15 (4) Subsection (c)(2) is amended as follows: 

16 ‘‘(2) ALLOCATION AMONG STATES.—The Ad17 ministrator shall, pursuant to criteria that are based 

18 on need and utilization and established after such 

19 consultation with State agencies as is feasible, allo20 cate surplus personal property among the States on 

21 a fair and equitable basis, taking into account the 

22 condition of the property and the original acquisition 

23 cost thereof.’’. 

24 (5) Subsection (c)(3) is amended—
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1 (A) in subparagraph (A), by striking ‘‘or’’ 

2 after the semicolon at the end; 

3 (B) in subparagraph (B)—

4 (i) by striking clause (ii); 

5 (ii) in clause (iv), by striking ‘‘schools 

6 for the mentally retarded or physically 

7 handicapped’’ and inserting ‘‘schools for 

8 persons with mental or physical disabil9 ities’’; 

10 (iii) by amending clause (viii) to read 

11 as follows: 

12 ‘‘(viii) libraries and educational activi13 ties identified by the Secretary of Defense 

14 as being of special interest to the Armed 

15 Services,’’ following the word ‘‘region,’’; 

16 (iv) by redesignating clauses (iii) 

17 through (viii) in order as clauses (ii) 

18 through (vii); and 

19 (v) by striking the period at the end 

20 and inserting ‘‘; or’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(C) to nonprofit institutions or organiza23 tions that are exempt from taxation under sec24 tion 501 of the Internal Revenue Code of 1986 

25 and that have for their primary function the 
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1 provision of food, shelter, or other necessities to 

2 homeless individuals or families or individuals 

3 whose annual income is below the poverty line 

4 (as that term is defined in section 673 of the 

5 Community Services Block Grant Act) for use 

6 in assisting the poor and homeless.’’. 

7 (h) AMENDMENTS TO MCKINNEY-VENTO HOMELESS

8 ASSISTANCE ACT.—

9 (1) AMENDMENTS.—Section 501 of the McKin10 ney-Vento Homeless Assistance Act (42 U.S.C. 

11 11411) is amended as follows:

12 (A) In the first sentence of subsection (a), 

13 by inserting before the period the following: ‘‘, 

14 and that have not been previously reported on 

15 by an agency under this subsection’’. 

16 (B) In the second sentence of subsection 

17 (a), by inserting after ‘‘to the Secretary’’ the 

18 following: ‘‘, which shall not include information 

19 previously reported on by the agency under this 

20 subsection’’. 

21 (C) Each of subsections (b)(1), (c)(1)(A), 

22 and (c)(2)(A), by striking ‘‘45’’ and inserting 

23 ‘‘30’’.
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1 (D) In subsection (c)(1)(A)(i), by inserting 

2 after ‘‘(a)’’ the following: ‘‘that have not been 

3 previously published’’. 

4 (E) In subsection (c)(1)(A)(ii), by insert5 ing after ‘‘properties’’ the following: ‘‘that have 

6 not been previously published’’. 

7 (F) By striking subsections (c)(1)(D) and 

8 (c)(4). 

9 (G) In subsection (c)(2)(B), by inserting 

10 ‘‘(i)’’ after ‘‘(B)’’, and by adding at the end the 

11 following: 

12 ‘‘(ii) Efforts required under clause (i) include the fol13 lowing: 

14 ‘‘(I) Publishing the information on an Internet 

15 website maintained by the Secretary. 

16 ‘‘(II) Providing notice of the information on 

17 such list to the local Continuum of Care organiza18 tion for homeless assistance within the jurisdiction 

19 in which the property is located, or if there is no 

20 such organization, then to the State. 

21 ‘‘(III) Providing notice of the information on 

22 such list to the Emergency Food and Shelter Pro23 gram National Board. 

24 ‘‘(IV) Providing notice of the information on 

25 such list to each Emergency Food and Shelter Pro-
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1 gram local board within the State in which the prop2 erty is located. 

3 ‘‘(iii) The efforts required under clause (ii) shall be 

4 completed within 3 business days after publication of the 

5 list in the Federal Register. The Secretary shall certify 

6 in writing completion of such efforts.’’. 

7 (H) In subsection (d)(1), by striking ‘‘60 

8 days beginning on the date of such publication’’ 

9 and inserting ‘‘90 days after the date the Sec10 retary certifies completion of the efforts re11 quired under subsection (c)(2)’’. 

12 (I) In subsection (d)(2), by striking ‘‘60’’ 

13 and inserting ‘‘90’’. 

14 (J) In subsection (d)(4), by amending so 

15 much as precedes subparagraph (B) to read as 

16 follows: 

17 ‘‘(4)(A) Written notice of intent to apply for a prop18 erty published under subsection (c)(1)(A)(ii) may be filed 

19 at any time after the 90-day period described in paragraph 

20 (1) has expired. An application submitted pursuant to the 

21 notice may be approved for disposal for use to assist the 

22 homeless only if the property remains available for use to 

23 assist the homeless. If the property remains available for 

24 use to assist the homeless, the use to assist the homeless 

25 shall be given the same priority of consideration as a pub-
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1 lic health use under section 550(d) of title 40, United 

2 States Code.’’. 

3 (K) In subsection (e)(3), by inserting the 

4 following after the first sentence: ‘‘The Sec5 retary of Health and Human Services shall give 

6 a preference to applications that contain a cer7 tification that their proposal is consistent with 

8 the local Continuum of Care strategy for home9 less assistance.’’.

10 (L) In subsection (f)(3)(A), by adding at 

11 the end the following: ‘‘Such priority of consid12 eration shall apply only with respect to prop13 erties as to which the written notice of intent 

14 to apply for a property referred to in subsection 

15 (d)(2) is received by the Secretary of Health 

16 and Human Services within the 90-day period 

17 described in subsection (d)(1).’’. 

18 (M) In subsection (h) in the heading, by 

19 striking ‘‘APPLICABILITY TO PROPERTY UNDER

20 BASE CLOSURE PROCESS’’ and inserting ‘‘EX21 EMPTIONS’’. 

22 (N) In subsection (h), by adding at the 

23 end the following: 

24 ‘‘(3) The provisions of this section shall not apply to 

25 buildings and property that—
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1 ‘‘(A) are in a secured area for national defense 

2 purposes; or 

3 ‘‘(B) are inaccessible by road and that can be 

4 reached only by crossing private property.’’. 

5 (O) In subsection (i), by striking ‘‘and’’ 

6 after the semicolon at the end of paragraph (4), 

7 by striking the period at the end of paragraph 

8 (5) and inserting ‘‘; and’’, and by adding at the 

9 end the following: 

10 ‘‘(6) the term ‘suitable for use to assist the 

11 homeless’ includes, without limitation, suitable for 

12 permanent housing.’’. 

13 (2) SURVEY AND AVAILABILITY OF PROPERTIES

14 IN MOST RECENT LIST.—Within 30 days of the date 

15 of enactment of this section, the Secretary of Hous16 ing and Urban Development shall survey landholding 

17 agencies to determine whether the properties in18 cluded in the most recent comprehensive list of prop19 erties published pursuant to section 501(c)(1)(A) of 

20 the McKinney-Vento Homeless Assistance Act re21 main available for application for use to assist home22 less. The Secretary shall publish in the Federal Reg23 ister a list of all such properties. Such properties 

24 shall remain available for application for use to as25 sist the homeless in accordance with sections 501(d) 
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1 and 501(e) of such Act (as amended by this sub2 section) as if such properties had been published 

3 under section 501(c)(1)(A)(ii) of such Act. 

4 SEC. 6. MISCELLANEOUS. 

5 (a) SCOPE AND CONSTRUCTION.—The authorities 

6 granted by this Act to the heads of Federal agencies for 

7 the management of real and personal property and the 

8 conduct of transactions involving such property, including 

9 the disposition of the proceeds therefrom, shall be in addi10 tion to, and not in lieu of, any authorities provided in any 

11 law existing on the date of enactment of this Act. Except 

12 as expressly provided herein, nothing in this Act shall be 

13 construed to repeal or supersede any such authorities. 

14 (b) NO WAIVER.—Nothing in this Act shall be con15 strued to limit or waive any right, remedy, immunity, or 

16 jurisdiction of any Federal agency or any claim, judgment, 

17 lien, or benefit due the Government of the United States. 

18 (c) REPORT OF THE COMPTROLLER GENERAL.—Not 

19 later than 5 years after the date of enactment of this Act, 

20 the Comptroller General of the United States shall submit 

21 to the Congress a report on the use by Federal landholding 

22 agencies of the authorities provided by this Act.

Æ