II

106TH CONGRESS

2D SESSION S. 2805

To amend the Federal Property and Administrative Services Act of 1949,

as amended, to enhance Federal asset management, and for other purposes

IN THE SENATE OF THE UNITED STATES

JUNE 28, 2000

Mr. THOMPSON (for himself and Mr. LIEBERMAN) (by request) introduced the

following bill; which was read twice and referred to the Committee on

Governmental Affairs

A BILL

To amend the Federal Property and Administrative Services

Act of 1949, as amended, to enhance Federal asset management, and for other purposes

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

3 TITLE I—SHORT TITLE

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

5 Management Reform Act of 2000’’.

6 TITLE II—DEFINITIONS

7 Section 3 of the Federal Property and Administrative

8 Services Act of 1949, as amended (40 U.S.C. § 472), is

9 amended by adding at the end the following:
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1 ‘‘(m) The term ‘landholding agency’ means any Fed2 eral agency that, by specific or general statutory authority,

3 has jurisdiction, custody, and control over real property,

4 or interests therein. The term does not include agencies,

5 when they are acting as the sponsors of real property con6 veyances for public benefit purposes pursuant to section

7 203 of the Act (40 U.S.C. § 484).’’.

8 TITLE III—LIFE CYCLE PLANNING AND

9 MANAGEMENT

10 Title II of the Federal Property and Administrative

11 Services Act of 1949, as amended, is amended by adding

12 at the end thereof the following new sections:

13 ‘‘SEC. 213. (a) In accordance with the authorities

14 vested in the Administrator under section 205(c) of this

15 Act, the Administrator, in collaboration with the heads of

16 affected Federal agencies, shall establish and maintain

17 current asset management principles to be used as guid18 ance by such agencies in making major decisions con19 cerning the planning, acquisition, use, maintenance, and

20 disposal of real and personal property assets subject to

21 this Act and under the jurisdiction, custody and control

22 of such agencies.

23 ‘‘(b) In order to accumulate and maintain a single,

24 comprehensive descriptive listing of all Federal real prop25 erty interests under the custody and control of each Fed-
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1 eral agency, the Administrator, in coordination with the

2 heads of affected Federal agencies, shall collect such de3 scriptive information, except for classified information, as

4 the Administrator deems will best describe the nature, use,

5 and extent of the real property holdings of the United

6 States. For purposes of this section, real property holdings

7 include all public lands of the United States and all real

8 property of the United States located outside the States

9 of the Union, to include, but not be limited to the District

10 of Columbia, Puerto Rico, American Samoa, Guam, the

11 Trust Territory of the Pacific Islands and the Virgin Is12 lands. To facilitate the reporting on a uniform basis, the

13 Administrator is authorized to establish data and other

14 information technology standards for use by Federal agen15 cies in developing or upgrading agency real property infor16 mation systems.

17 ‘‘(c) The listing compiled pursuant to this section

18 shall be public record; however, the Administrator is au19 thorized to withhold information, including the location of

20 classified facilities, when it is determined that withholding

21 such information would be in the public interest. Nothing

22 herein shall require the public release of information which

23 is exempt from disclosure pursuant to the Freedom of In24 formation Act (5 U.S.C. § 552).
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1 ‘‘(d) Nothing in this section shall authorize the Ad2 ministrator to assume jurisdiction over the acquisition,

3 management, or disposal of real property not subject to

4 this Act.

5 ‘‘SEC. 214. (a) Within 180 days of the effective date

6 of this section, the head of each landholding agency shall

7 appoint, or designate from among persons who are em8 ployees within such agency, a Senior Real Property Offi9 cer. The head of any landholding agency who so desires

10 may also appoint a Real Property Officer for any major

11 component part of an agency, and such Real Property Of12 ficers, for the purposes of complying with this Act, shall

13 report to the Senior Real Property Officer.

14 ‘‘(b) The Senior Real Property Officer for each agen15 cy shall be responsible for continuously monitoring agency

16 real property assets to:

17 ‘‘(1) ensure that the management of each asset,

18 including but not limited to its functional use, occu19 pancy, reinvestment requirements and future utility,

20 is fully consistent with and supportive of the goals

21 and objectives set forth in the agency’s Strategic

22 Plan required under section 3 of the Government

23 Performance and Results Act of 1993, Public Law

24 103–62 (5 U.S.C. § 306), consistent with the frame25 work provided by the real property asset manage-
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1 ment principles published by the Administrator pur2 suant to section 213(a) of this Act, and reflected in

3 an agency asset management plan. The asset man4 agement plan shall be prepared according to guide5 lines issued by the Administrator, shall be main6 tained to reflect current agency program and budget

7 priorities, and be consistent with capital planning

8 and programming guidance issued by the Office of

9 Management and Budget;

10 ‘‘(2) identify real property assets that can ben11 efit from the application of the enhanced asset man12 agement tools described in section 216 of this Act;

13 ‘‘(3) ensure, in those cases where a real prop14 erty asset can benefit from application of an en15 hanced asset management tool, that any resulting

16 transaction will result in a fair return on the Fed17 eral Government investment and protect the Federal

18 Government from unreasonable financial or other

19 risks; and

20 ‘‘(4) ensure that a listing and description of the

21 real property assets, under the jurisdiction, custody

22 and control of that agency, including public lands of

23 the United States and property located in foreign

24 lands, is provided to the Administrator, along with

25 any other relevant information the Administrator
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1 may request, for inclusion in a government-wide list2 ing of all Federal real property interests established

3 and maintained in accordance with section 213(b) of

4 this Act.

5 ‘‘(c) Except as otherwise provided by Federal law,

6 prior to a Federal agency acquiring any interests in real

7 property from any non-Federal source, the Senior Real

8 Property Officer of the acquiring agency shall give first

9 consideration to available Federal real property hold10 ings.’’.

11 TITLE IV—ENHANCED AUTHORITIES FOR REAL

12 PROPERTY ASSET MANAGEMENT

13 SEC. 401. Title II of the Federal Property and Ad14 ministration Services Act of 1949, as amended, is amend15 ed by adding at the end thereof the following new sections:

16 ‘‘SEC. 215. CRITERIA FOR USING ENHANCED ASSET MAN17 AGEMENT TOOLS.

18 ‘‘(a) Subject to the requirements of subsection (b) of

19 this section, the head of a landholding agency may apply

20 an enhanced asset management tool described in section

21 216 of this Title to a real property interest under the

22 agency’s jurisdiction, custody and control when the head

23 of the agency has determined that such real property

24 interest—
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1 ‘‘(1) when used to acquire replacement real

2 property, is not excess property within the meaning

3 given in subsection 3(e) of this Act (40 U.S.C.

4 § 472(e));

5 ‘‘(2) is used to fulfill or support a continuing

6 mission requirement of the agency; and

7 ‘‘(3) can, by applying an enhanced asset man8 agement tool, improve the support of such mission.

9 ‘‘(b) Before applying an enhanced asset man10 agement tool defined in section 216 to a real prop11 erty interest identified under subsection (a) of this

12 section, the head of the agency shall determine that

13 such application meets all of the following criteria:

14 ‘‘(1) supports the goals and objectives set forth

15 in the agency’s Strategic Plan required under sec16 tion 3 of the Government Performance and Results

17 Act of 1993, Public Law 103–62 (5 U.S.C. § 306)

18 and the agency’s real property asset management

19 plan as required in section 214;

20 ‘‘(2) is the most economical and cost effective

21 option available for the use of the real property; and

22 ‘‘(3) is documented in a business plan which,

23 commensurate with the nature of the selected tool,

24 analyzes all reasonable options for using the prop25 erty; takes into account applicable provisions of law
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1 including but not limited to the National Environ2 mental Policy Act; and evidences compliance with

3 the requirements of the Stewart B. McKinney

4 Homeless Assistance Act, including (i) describing

5 the result of the determination by the Department

6 of Housing and Urban Development of the suit7 ability of the property for use to assist the homeless;

8 and (ii) explaining the rationale for the landholding

9 agency’s decision not to make the property available

10 for use to assist the homeless.

11 ‘‘SEC. 216. ENHANCED ASSET MANAGEMENT TOOLS.

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

13 Any landholding agency may acquire replacement real

14 property by transfer or exchange of real property subject

15 to this Act with other Federal agencies under terms mutu16 ally agreeable to the agencies involved.

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

18 SOURCES.—Any landholding agency may acquire replace19 ment real property by selling or exchanging a real prop20 erty asset or interests therein with any non Federal

21 source; provided that: (1) this transaction does not conflict

22 with other applicable laws governing the acquisition of in23 terests in real property by Federal agencies; (2) the agen24 cy first made the property available for transfer or ex25 change to other Federal agencies; and (3) the transaction
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1 results in the agency receiving fair market value consider2 ation, as determined by the agency head, for the asset sold

3 or exchanged.

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

5 agency, by lease, permit, license or similar instrument,

6 may make available to other Federal agencies and to non7 Federal entities the unexpired portion of any government

8 lease for real property; provided that the term of any sub9 lease shall not exceed the unexpired portion of the term

10 of the original government lease of the property and the

11 sublease results in the agency receiving fair market rental

12 value for the asset. Prior to subleasing to any private per13 son or private sector entity, the Federal landholding agen14 cy shall give consideration to the needs of the following

15 entities with the needs of entities listed in paragraph (1)

16 being considered before the needs of entities listed in para17 graph (2):

18 ‘‘(1) FIRST PRIORITY.—The needs of each of

19 the following entities, equally, shall be given first

20 priority by the agency:

21 ‘‘(A) Federal agencies; and

22 ‘‘(B) Indian tribes (as defined by section 4

23 of the Indian Health Care Improvement Act

24 (25 U.S.C. 1603)), urban Indian organizations

25 (as defined by that section), and tribal organi-
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1 zations (as defined by section 4 of the Indian

2 Self-Determination and Education Assistance

3 Act of (25 U.S.C. 450b)) when the property is

4 to be used in connection with an Indian self-de5 termination contract or grant pursuant to the

6 Indian Self-Determination Act (25 U.S.C. 45f

7 et seq.); and

8 ‘‘(C) urban Indian organizations (defined

9 as in subparagraph (B)) when the property is

10 to be used in connection with a contract or

11 grant pursuant to title V of the Indian Health

12 Care Improvement Act (25 U.S.C. 1651 et

13 seq.).

14 ‘‘(2) SECOND PRIORITY.—The needs of each of the

15 following entities, equally, shall be given second pri16 ority by the agency:

17 ‘‘(A) State and local governments; and

18 ‘‘(B) Indian tribes, tribal organizations,

19 and urban Indian organizations (defined as in

20 paragraph (1)(B)) when the property is to be

21 used other than as described in paragraph (1).

22 ‘‘(d) OUTLEASES.—The head of any landholding

23 agency may make available by outlease agreements with

24 other Federal agencies and non-Federal entities any un25 used or underused portion of or interest in any agency
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1 real and related personal property after finding that (i)

2 there is no long-term mission requirement for the prop3 erty, but the Federal Government is not permitted to dis4 pose of it; or (ii) there is a continuing long-term mission

5 requirement for the property to remain in Government

6 ownership but no known agency need for the property over

7 the term of the outlease and (iii) the use of the real prop8 erty by the lessee will not be inconsistent with the statu9 tory mission of the landholding agency; provided that such

10 an outlease transaction is conducted competitively.

11 ‘‘(1) OUTLEASE AGREEMENT.—Any outlease

12 agreements authorized under this subsection:

13 ‘‘(A) shall be for a term no longer than 20

14 years; with the exception that property that

15 cannot be sold may be outleased for up to 35

16 years provided any such agency head deter17 mination of whether property cannot be sold

18 shall be based on criteria established by the Ad19 ministrator;

20 ‘‘(B) shall result in the agency receiving

21 fair market value consideration, as defined by

22 the agency head, for the asset, including cash,

23 services, and/or in-kind consideration;

24 ‘‘(C) shall not provide a leaseback option

25 to the Federal Government to occupy space in
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1 any facilities acquired, constructed, repaired,

2 renovated or rehabilitated by the non-govern3 mental entity, unless the net present value, in4 cluding the market value of the land provided

5 through the outlease, of such an outlease and

6 leaseback arrangement is less expensive for the

7 Federal Government than a simple Govern8 ment-financed renovation or construction

9 project; provided further that any subsequent

10 agreements to leaseback space in such facilities

11 must be in accordance with the competition re12 quirements of title III of this Act (41 U.S.C.

13 § 253 et seq.) and meet the guidelines for oper14 ating leases set forth in Conference Report No.

15 105–217, to accompany the Balanced Budget

16 Act of 1997.

17 ‘‘(D) shall provide (i) that neither the

18 United States, nor its agencies or employees,

19 shall be liable for any actions, debts or liability

20 of the lessee, and (ii) that the lessee shall not

21 be authorized to execute and shall not execute

22 any instrument or document creating or evi23 dencing any indebtedness unless such instru24 ment or document specifically disclaims any li-
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1 ability of the United States, and of any Federal

2 agency or employee, thereunder; and

3 ‘‘(E) may contain such other terms and

4 conditions as the head of the agency making

5 the property available deems necessary to pro6 tect the interests of the Federal Government.

7 ‘‘(2) ORDER OF CONSIDERATION.—In making

8 property available for outlease, the landholding agen9 cy shall follow the order of consideration listed in

10 subsection (c) of this section.

11 ‘‘(3) PREREQUISITES TO AGREEMENTS.—Prior

12 to the head of any landholding agency executing any

13 agreement authorized under subsection (d) of this

14 section which would result in the development or

15 major rehabilitation/renovation of Federal assets in

16 partnership with a non-Federal entity, the head of

17 such agency shall undertake an analysis of the pro18 posed arrangement or transaction, which provides

19 that any Federal real property, financial capital or

20 other resources committed to the transaction are not

21 placed at unreasonable financial risk or legal jeop22 ardy.

23 ‘‘(4) OTHER AUTHORITIES.—The authority

24 under this subsection shall not be construed to affect

25 any other authority of any agency to outlease prop-
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1 erty or to otherwise make property available for any

2 reason.

3 ‘‘SEC. 217. FORMS OF CONSIDERATION.

4 Notwithstanding any other provision of law, the

5 forms of consideration received from an enhanced asset

6 management tool as described in section 216 may include

7 cash or cash equivalents, in-kind assets, services, or any

8 combination thereof.

9 ‘‘SEC. 218. TRANSACTIONAL REPORTS.

10 For those transactions authorized under section 216

11 involving the sale, exchange or outlease to a non-Federal

12 source of any asset valued in excess of $2 million at the

13 time of the transaction, the head of the landholding agen14 cy sponsoring the transaction shall submit the business

15 plan required by subsection 215(b)(3) to the Office of

16 Management and Budget and to the appropriate Commit17 tees of the United States Senate and the House of Rep18 resentatives at least 30 calendar days prior to final execu19 tion of such transaction. The $2 million reporting thresh20 old in this subsection may be adjusted upward or down21 ward by the Administrator to reflect the annual inflation/

22 deflation factor as determined by the Department of Com23 merce Consumer Price Index.
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1 ‘‘SEC. 219. ANNUAL REPORTS.

2 The head of each landholding agency shall include a

3 list of all transactions using enhanced asset management

4 tools under section 216 during the previous fiscal year

5 with the materials the agency annually submits under sec6 tion 3515 of title 31, United States Code.’’.

7 SEC. 402. Section 321 of the Act of June 30, 1932,

8 47 Stat. 412 (40 U.S.C. § 303b), is repealed.

9 SEC. 403. Section 203(b) of the Federal Property

10 and Administrative Services Act of 1949, as amended (40

11 U.S.C. § 484(b)), is amended to read as follows:

12 ‘‘(b)(1) The care and handling of surplus personal

13 property, pending its disposition, and the disposal of such

14 property, may be performed by the General Services Ad15 ministration or, when so determined by the Administrator,

16 by the executive agency in possession thereof or by any

17 other executive agency consenting thereto.

18 ‘‘(2) The responsibilities and authorities for the care

19 and handling of surplus real and related personal prop20 erty, pending its disposition, and for the disposal of such

21 property, provided to the Administrator elsewhere in this

22 Act, are hereby transferred to the head of the landholding

23 agency. The head of the landholding agency may request

24 the General Services Administration or any other entity

25 to provide disposal services, as long as the landholding

26 agency retains the authority to make disposal decisions
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1 and agrees to reimburse the related disposal costs. The

2 head of the affected landholding agency may also delegate

3 the authority to manage the disposal process (including

4 responsibility for the related disposal costs) and to make

5 disposal decisions to the General Services Administration.

6 In the latter event, the landholding agency foregoes any

7 claim to any related disposal proceeds pursuant to section

8 204 of this Act and the General Services Administration,

9 after deducting any disposal expenses incurred, shall de10 posit any net proceeds in the Treasury. The Administrator

11 of General Services retains the authority to promulgate

12 general policies and procedures for disposing of such prop13 erty. These policies and procedures shall require that the

14 General Services Administration:

15 ‘‘(A) notify the agencies responsible elsewhere

16 in this Act for sponsoring public benefit conveyances

17 of the availability of excess property as soon as it

18 has been declared excess and solicit their input on

19 whether their public benefit represents the highest

20 and best use of such property;

21 ‘‘(B) serve as the central point of contact for

22 agencies, prospective donees, and the public on the

23 availability of surplus property as soon as it has

24 been declared surplus;
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1 ‘‘(C) assure that the agencies with the authority

2 to make disposal decisions give full consideration to

3 the public benefit uses or surplus Federal property

4 in making their disposal decisions; and

5 ‘‘(D) serve as a clearinghouse for information

6 on all phases of the surplus property disposal proc7 ess, including appeals from sponsoring agencies and

8 prospective donees that insufficient consideration

9 was given to public benefit donations.’’.

10 TITLE V—INCENTIVES FOR REAL AND PER11 SONAL PROPERTY MANAGEMENT IMPROVE12 MENT

13 SEC. 501. Section 204 of the Federal Property and

14 Administrative Services Act of 1949, as amended (40

15 U.S.C. § 485), is amended as follows:

16 (a) in paragraph (2) of subsection (h) by striking

17 ‘‘(b)’’ and inserting in lieu thereof ‘‘(c)’’, and by striking

18 the phrase ‘‘, to the extent provided in appropriations

19 Acts,’’;

20 (b) by revising subsection (i) to read as follows: ‘‘Fed21 eral agencies may retain from the proceeds of the sale of

22 personal property amounts necessary to recover, to the ex23 tent practicable, the full costs, direct and indirect, in24 curred by the agencies in disposing of such property in25 cluding but not limited to the costs for warehousing, stor-
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1 age, environmental services, advertising, appraisal, and

2 transportation. Such amounts shall be deposited into an

3 account available for such expenses without regard to fis4 cal year limitations. Amounts that are not needed to pay

5 such costs shall be transferred at least annually to the

6 general fund or to a specific account in the Treasury as

7 required by statute.’’;

8 (c) by redesignating subsections (c), (d), (e), (f), (g),

9 (h), and (i), as subsections (d), (e), (f), (g), (h), (i), and

10 (j), respectively; and

11 (d) by striking subsections (a) and (b) and by insert12 ing in lieu thereof the following subsections (a), (b), and

13 (c):

14 ‘‘SEC. 204. PROCEEDS FROM TRANSFER OR DISPOSITION OF

15 PROPERTY.

16 ‘‘(a)(1) AGENCY RETENTION OF PROCEEDS FROM

17 REAL PROPERTY.—Proceeds resulting from the transfer

18 or disposition of real and related property under this Title

19 shall be credited to the fund, account or appropriation of

20 the agency which made the property available and shall

21 be treated as provided in subsections (b) and (c) of this

22 section.

23 ‘‘(2) PROCEEDS FROM PERSONAL PROPERTY.—Pro24 ceeds from any transfer of excess personal property to a

25 Federal agency or from any sale, lease, or other disposi-
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1 tion of surplus personal property shall be treated as pre2 scribed in subsection (j) or permitted by law or otherwise.

3 ‘‘(3) OTHER PROCEEDS.—All proceeds under this

4 title not deposited or credited to a specific agency account,

5 shall be covered into the Treasury as miscellaneous re6 ceipts except as provided in subsections (d), (e), (f), (g),

7 (h), (i), and (j) of this section or permitted by law or oth8 erwise.

9 ‘‘(b) MONETARY PROCEEDS TO AGENCY CAPITAL

10 ASSET ACCOUNTS.—Monetary proceeds received by agen11 cies from the transfer or disposition of real and related

12 personal property shall be credited to an existing account

13 or an account to be established in the Treasury to pay

14 for the capital expenditures of the particular agency mak15 ing the property available, which account shall be known

16 as the agency’s capital asset account. Subject to sub17 section (c), any amounts credited or deposited to such ac18 count under this section, along with such other amounts

19 as may be appropriated or credited from time to time in

20 annual appropriations acts, shall be devoted to the sole

21 purpose of funding that agency’s capital asset expendi22 tures, including any expenses necessary and incident to

23 the agency’s real property capital acquisitions, improve24 ments, and dispositions, and such funds shall remain

25 available until expended, in accordance with the agency’s
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1 asset management plan as required in section 214, with2 out further authorization: Provided, That monies from an

3 exchange or sale of real property, or a portion of a real

4 property holding, under subsection 216(b) of this Act shall

5 be applied only to the replacement of that property or to

6 the rehabilitation of the portion of that real property hold7 ing that remains in Federal ownership.’’.

8 ‘‘(c) TRANSACTIONAL AND OTHER COSTS.—Agencies

9 may be reimbursed, from the monetary proceeds of real

10 property dispositions or from other available resources in11 cluding from the agency’s capital asset account, the full

12 costs, direct and indirect, to the agency of disposing of

13 such property, including but not limited to the costs of

14 site remediation or other environmental services, relo15 cating affected tenants and occupants, advertising, sur16 veying, appraisal, brokerage, historic preservation services,

17 title insurance, document notarization and recording serv18 ices and the costs of managing leases and providing nec19 essary services to the lessees.’’.

20 SEC. 502. Nothing in Act shall be construed to repeal

21 or supersede any other provision of Federal law directing

22 the use of proceeds from specific real property trans23 actions or directing how or where a particular Federal

24 agency is to deposit, credit or use the proceeds from the
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1 sale, exchange or other disposition of Federal property ex2 cept as expressly provided for herein.

3 SEC. 503. (a) Section 2(a) of the Land and Water

4 Conservation Act of 1965 as amended (16 U.S.C. § 4601–

5 5(a)), is superseded only to the extent that the Federal

6 Property and Administrative Services Act of 1949, as

7 amended, or a provision of this Act, provide for an alter8 native disposition of the proceeds from the disposal of any

9 surplus real property and related personal property sub10 ject to this Act, or the disposal of any interest therein.

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

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

13 any other Act provides for the disposition of money re14 ceived by the Government.

15 SEC. 504. For purposes of implementing title V of

16 this Act, the following shall apply:

17 (a) For fiscal years 2001 through 2005, OMB shall

18 allocate by agency a prorata share of the baseline estimate

19 of total surplus real property sales receipts transferred to

20 the Land and Water Conservation Fund that were con21 tained in the President’s Budget for Fiscal year 2001,

22 made pursuant to section 1109 of title 31 U.S. Code.

23 OMB shall notify the affected agencies and Appropriation

24 Committees of the U.S. House of Representatives and

25 Senate in writing of this allocation within 30 days of en-
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1 actment of this Act and shall not subsequently revise the

2 allocation.

3 (b) On September 30 of each fiscal year, each agency

4 shall transfer to the Treasury an amount equal to its allo5 cation for that fiscal year, out of the proceeds realized

6 from any sales of the agency’s surplus real property assets

7 during that fiscal year.

8 (c) If an agency’s actual sale proceeds in any fiscal

9 year are less than the amount allocated to it by OMB for

10 that fiscal year, the agency shall transfer all of its sale

11 proceeds to the Treasury, and its allocation for the subse12 quent fiscal year shall be increased by the difference.

13 (d) On September 30, 2005, if an agency has trans14 ferred less sale proceeds to the Treasury than its total al15 location for the five years, the agency shall transfer the

16 difference out of any other funds available to the agency.

17 TITLE VI—STREAMLINED AND ENHANCED

18 DISPOSAL AUTHORITIES

19 SEC. 601. (a) Section 203 of the Federal Property

20 and Administrative Services Act of 1949, as amended (40

21 U.S.C. § 484), is amended in paragraph (k)(3) as

22 follows—

23 (1) by striking ‘‘or municipality’’ and inserting

24 in lieu thereof ‘‘municipality, or qualified nonprofit
23

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1 organization established for the primary purpose of

2 preserving historic monuments’’; and

3 (2) by inserting after the first sentence ‘‘Such

4 property may be conveyed to a nonprofit organiza5 tion only if the States, political subdivision, instru6 mentalities thereof, and municipality in which the

7 property is located do not request conveyance under

8 this section within thirty days after notice to them

9 of the proposed conveyance by the Administrator to

10 that nonprofit organization.’’.

11 (b) Section 203 of the Federal Property and Adminis12 trative Services Act of 1949, as amended (40 U.S.C.

13 § 484), is amended by revising paragraph (k)(4)(C) to

14 read as follows—

15 ‘‘(C) the Secretary of the Interior, in the

16 case of property transferred pursuant to the

17 surplus Property Act of 1944, as amended, and

18 pursuant to this Act, to States, political sub19 divisions, and instrumentalities thereof, and

20 municipalities for use as a public park or public

21 recreation area, and to State, political subdivi22 sions, and instrumentalities thereof, municipali23 ties, and nonprofit organizations for use as an

24 historic monument for the benefit of the public;

25 or’’.
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1 SEC. 602. (a) Section 203 of the Federal Property

2 and Administrative Services Act of 1949, as amended (40

3 U.S.C. § 484), is amended in subsection (e) as follows—

4 (1) by striking subparagraphs (3)(A), (3)(B),

5 (3)(C) and (3)(E);

6 (2) by redesignating subparagraph (3)(D) and

7 subparagraphs (3)(F) through (3)(I), as subpara8 graphs (3)(A) through (3)(E), respectively;

9 (3) by amending redesignated subparagraph

10 (3)(E) to read as follows:

11 ‘‘(E) otherwise authorized by this Act or

12 other law or with respect to personal property

13 deemed advantageous to the Government.’’; and

14 (4) by amending subparagraph (6)(A) to read

15 as follows:

16 ‘‘(6)(A) An explanatory statement shall be pre17 pared of the circumstances of each disposal by nego18 tiation of any real property that has an estimated

19 fair market value in excess of the threshold value for

20 which transactional reports are required under sec21 tion 218.’’; and

22 (5) by deleting subparagraphs (6)(C) and

23 (6)(D).

24 (b) Section 203 of the Federal Property and Adminis25 trative Services Act of 1949, as amended, is further
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1 amended by adding to the end thereof the following new

2 subsection:

3 ‘‘(s) The authority of any department, agency, or in4 strumentality of the executive branch or wholly owned

5 Government corporation to convey or give surplus real and

6 related personal property for public airport purposes

7 under subchapter II of title 49, United States Code, shall

8 be subject to the requirements of this Act, and any surplus

9 real property available for conveyance under that sub10 chapter shall first be made available to the Administrator

11 for disposal under this section, including conveyance for

12 any public benefit purposes, including public airport use,

13 as the Administrator, after consultation with the affected

14 agencies, deems advisable.’’.

15 SEC. 603. Subsection 201(c) of the Federal Property

16 and Administrative Services Act of 1949, as amended (40

17 U.S.C. § 481(c)), is revised to read as follows:

18 ‘‘(c) In acquiring personal property or related serv19 ices, or a combination thereof, any executive agency, under

20 regulations to be prescribed by the Administrator, subject

21 to regulations prescribed by the Administrator for Federal

22 Procurement Policy pursuant to the Office of Federal Pro23 curement Policy Act (41 U.S.C. § 401 et seq.), may ex24 change or sell personal property and may apply the ex25 change allowance or proceeds of sale in such cases in whole
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1 or in part payment for similar property or related services,

2 or a combination thereof, acquired: Provided, That any

3 transaction carried out under the authority of this sub4 section shall be evidenced in writing. Sales of property

5 pursuant to this subsection shall be governed by sub6 section 203(e) of this title, and shall be exempted from

7 the provisions of section 5 of title 41.’’.

8 SEC. 604. Subsection 202(h) of the Federal Property

9 and Administrative Services Act of 1949, as amended (40

10 U.S.C. § 483(h)), is amended to read as follows:

11 ‘‘(h) the Administrator may authorize the abandon12 ment, destruction, or other disposal of property which has

13 no commercial value or of which the estimated cost of con14 tinued care and handling would exceed the estimated fair

15 market value.’’.

16 SEC. 605. Subsection 203(j) of the Federal Property

17 and Administrative Services Act of 1949, as amended (40

18 U.S.C. § 484(j)), is further amended as follows:

19 (a) Paragraph (j)(1) is amended—

20 (1) by striking the phrase ‘‘the fair and equi21 table distribution, through donation,’’ and inserting

22 in lieu thereof ‘‘donation on a fair and equitable

23 basis’’; and

24 (2) by striking ‘‘paragraphs (2) and (3)’’ and

25 inserting in lieu thereof ‘‘paragraph (2)’’.
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1 (b) Paragraph (j)(2) is deleted.

2 (c) Paragraph (j)(3) is renumbered (j)(2) and amend3 ed as follows:

4 (1) by deleting the introductory paragraph and

5 inserting in lieu thereof the following:

6 ‘‘(2) The Administrator shall, pursuant to cri7 teria which are based on need and utilization and es8 tablished after such consultation with State agencies

9 as is feasible, allocate surplus personal property

10 among the States on a fair and equitable basis, tak11 ing into account the condition of the property as well

12 as the original acquisition cost thereof, and transfer

13 to the State agency property selected by it for pur14 poses of donation within the State—’’;

15 (2) in subparagraph (B) by—

16 (A) deleting ‘‘providers of assistance to

17 homeless individuals, providers of assistance to

18 families or individuals whose annual incomes

19 are below the poverty line (as that term is de20 fined in section 673 of the Community Services

21 Block Grant Act),’’;

22 (B) striking out ‘‘schools for the mentally

23 retarded, schools for the physically handi24 capped’’ and by inserting in lieu thereof
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1 ‘‘schools for persons with mental or physical

2 disabilities’’;

3 (C) striking the word ‘‘and’’ before ‘‘librar4 ies’’; and

5 (D) inserting ‘‘and educational activities

6 identified by the Secretary of Defense as being

7 of special interest to the Armed Services,’’ fol8 lowing the word ‘‘region,’’; and

9 (3) by adding a new subparagraph (C) to read

10 as follows:

11 ‘‘(C) to nonprofit institutions or organiza12 tions which are exempt from taxation under

13 section 501 of title 26, and which have for their

14 primary function the provision of food, shelter,

15 or other necessities to homeless individuals or

16 families or individuals whose annual income is

17 below the poverty line (as that term is defined

18 in section 673 of the Community Services Block

19 Grant Act) for use in assisting the poor and

20 homeless.’’.

21 (d) Paragraph (j)(4) is renumbered (j)(3) and

22 amended as follows:

23 (1) in subparagraph (C)(ii) by inserting before

24 the period at the end thereof the following: ‘‘: Pro25 vided, That such requirement shall not apply to
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1 property identified by the Administrator in subpara2 graph (E) of this paragraph as property for which

3 no terms, conditions, reservations, or restrictions

4 shall be imposed.’’;

5 (2) by deleting subparagraph (E) and inserting

6 the following new paragraph:

7 ‘‘(E) The State plan of operation shall pro8 vide that the State agency may impose reason9 able terms, conditions, reservations, and restric10 tions on the use of property to be donated

11 under paragraph (2) of this subsection and

12 shall impose such terms, conditions, reserva13 tions, and restrictions as required by the Ad14 ministrator. The Administrator shall determine

15 the condition, age, value, or cost of property for

16 which no terms, conditions, reservations or re17 strictions shall be imposed and for property so

18 identified, title shall pass to the recipient imme19 diately upon transfer by the State agency. If

20 the Administrator finds that an item or items

21 have characteristics that require special han22 dling or use limitations, the Administrator may

23 impose appropriate conditions on the donation

24 of such property.’’.

25 (e) Paragraph (j)(5) is renumbered (j)(4).
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1 SEC. 606. (a) Section 501 of the Stewart B. McKin2 ney Homeless Assistance Act, as amended, and as codified

3 at section 11411 of title 42, United States Code, is amend4 ed as follows:

5 (1) in the first sentence of subsection (a), by in6 serting before the period the following:’’, and that

7 have not been previously reported on by an agency

8 under this subsection’’;

9 (2) in the second sentence of subsection (a), by

10 inserting after ‘‘to the Secretary’’ the following: ‘‘,

11 which shall not include information previously re12 ported on by an agency under this subsection’’;

13 (3) in subsection (b)(1), (c)(1)(A), and

14 (c)(2)(A), by striking ‘‘45’’ and inserting ‘‘30’’;

15 (4) in subsection (c)(1)(A)(i), by inserting after

16 ‘‘(a)’’ the following: ‘‘that have not been previously

17 published’’;

18 (5) in subsection (c)(1)(A)(ii), by inserting after

19 ‘‘properties’’ the following: ‘‘which have not been

20 previously published’’;

21 (6) by striking subsections (c)(1)(D) and (c)(4);

22 (7) in subsections (d)(1) and (d)(2), by striking

23 ‘‘60’’ and inserting ‘‘90’’;

24 (8) in subsection (d)(4)(A), by striking ‘‘after

25 the 60-day period described in paragraph (1) has ex-
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1 pired.’’ and inserting ‘‘during the 90-day period de2 scribed in paragraph (1).’’ and by striking the re3 mainder of the paragraph;

4 (9) in subsection (e)(3), by inserting the fol5 lowing sentence immediately after the first sentence:

6 ‘‘The Secretary of Health and Human Services shall

7 give a preference to applications that contain a cer8 tification that their proposal is consistent with the

9 local Continuum of Care strategy for homeless as10 sistance.’’;

11 (10) in subsection (h) heading, by striking ‘‘AP12 PLICABILITY TO PROPERTY UNDER BASE CLOSURE

13 PROCESS’’ and inserting ‘‘EXEMPTIONS’’; and

14 (11) in subsection (h), by adding the following

15 new paragraph at the end:

16 ‘‘(3) The provisions of this section shall not

17 apply to buildings and property that are—

18 ‘‘(A) in a secured area for national defense

19 purposes; or

20 ‘‘(B) inaccessible by road and can be

21 reached only by crossing private property.’’.

22 (b) Within 30 days of the date of enactment of this

23 section, the Secretary of Housing and Urban Development

24 shall survey landholding agencies to determine whether

25 the properties included in the last comprehensive list of
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1 properties published pursuant to section 501(c)(1)(A) of

2 the Stewart B. McKinney Homeless Assistance Act remain

3 available for application for use to assist the homeless.

4 The Secretary shall publish in the Federal Register a list

5 of all such properties. Such properties shall remain avail6 able for application for use to assist the homeless in ac7 cordance with sections 501(d) and 501(e) of such Act (as

8 amended by subsection (a) of this section) as if such prop9 erties had been published under section 501(c)(1)(A)(ii)

10 of such Act.

11 TITLE VII—MISCELLANEOUS

12 SEC. 701. SCOPE AND CONSTRUCTION.—The au13 thorities granted by this Act to the head of Federal agen14 cies for the management of real and personal property and

15 the conduct of transactions involving such property, in16 cluding the disposition of the proceeds therefrom, shall be

17 in addition to, and not in lieu of, any authorities provided

18 in any law existing on the date of enactment hereof. Ex19 cept as expressly provided herein, nothing in this Act shall

20 be construed to repeal or supersede any such authorities.

21 SEC. 702. SEVERABILITY.—Although this Act is in22 tended to be integrated legislation, should any portion or

23 provision of this Act be found to be invalid or otherwise

24 unenforceable by a court of competent jurisdiction, such

25 portion or portions of this Act shall be considered inde-
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1 pendent and severable for all other provisions of this Act

2 and such invalidity shall not, by itself, invalidate any other

3 provisions of this Act, which remaining provisions shall

4 have the full force and effect of law.

5 SEC. 703. JUDICIAL REVIEW.—Any determination or

6 any asset management decision by an authorized agency

7 official to transfer, outlease, sell, exchange or dispose of

8 Federal real property or an interest therein in accordance

9 with applicable law shall be at the sole discretion of the

10 authorized agency official and shall not be the basis of

11 any suit, claim or action.

12 SEC. 704. NO WAIVER.—Nothing in this Act should

13 be construed to limit or waive any right, remedy, immu14 nity, or jurisdiction of any Federal agency or any claim,

15 judgment, lien or benefit due the United States of Amer16 ica.

17 SEC. 705. EFFECTIVE DATE.—This Act and the

18 amendments made by its provisions shall be effective upon

19 enactment except as otherwise specifically provided for

20 herein.

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