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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5626 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5626

  To provide uniform authority for executive departments to use funds 
  from the disposal of Federal real property and to establish a pilot 
program in certain agencies for the use of public-private agreements to 
            enhance the efficiency of Federal real property.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2014

Ms. Michelle Lujan Grisham of New Mexico introduced the following bill; 
       which was referred to the Committee on Transportation and 
   Infrastructure, and in addition to the Committee on Oversight and 
 Government Reform, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To provide uniform authority for executive departments to use funds 
  from the disposal of Federal real property and to establish a pilot 
program in certain agencies for the use of public-private agreements to 
            enhance the efficiency of Federal real property.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Property Low Hanging Fruit 
Act''.

SEC. 2. UNIFORM AUTHORITY FOR EXECUTIVE DEPARTMENTS TO USE FUNDS FROM 
              DISPOSAL OF FEDERAL REAL PROPERTY.

    (a) Authority To Convey.--The head of each executive department 
may--
            (1) convey, by sale, lease, exchange, or otherwise, 
        including through leaseback arrangements, real and related 
        property, or interests therein, under their ownership and 
        control; and
            (2) retain the net proceeds of such dispositions in an 
        account within the general fund of the United States Treasury 
        established for purposes of this section, to be used in 
        accordance with subsection (b).
    (b) Use of Funds.--For purposes of subsection (a), the net proceeds 
of such dispositions retained in the account of an executive department 
pursuant to that subsection shall be available to the head of the 
executive department, until expended and without further appropriation 
and in compliance with other applicable provisions of law, to pay any 
necessary and incidental costs incurred by such head in connection with 
Federal property management activities of the executive department, 
including acquisition, improvements, maintenance, reconstruction, or 
construction needs. In conducting these activities, an executive 
department may enter into agreements with the General Services 
Administration for assistance.
    (c) Regulations.--The Director of the Office of Management and 
Budget, in consultation with the Administrator of General Services and 
the Secretary of Defense, shall promulgate regulations to carry out 
this section.
    (d) Definitions.--In this section:
            (1) Net proceeds.--The term ``net proceeds'', with respect 
        to a disposition of property or interests under this section, 
        means the rental, sales, and other sums received less the costs 
        of the disposition.
            (2) Executive department.--The term ``executive 
        department'' means an Executive department listed in section 
        101 of title 5, United States Code.

SEC. 3. PUBLIC-PRIVATE AGREEMENT PILOT PROGRAM.

    (a) Plan for Entering Into Public-Private Agreements.--
            (1) In general.--The head of a covered agency shall develop 
        and carry out a plan to enter into one or more agreements with 
        a nongovernmental person, for the purposes described in 
        paragraph (2).
            (2) Purposes.--The purposes of any agreement entered into 
        under paragraph (1) shall be--
                    (A) to lease Federal real properties that are 
                underutilized or excess, under the terms of subsection 
                (c); and
                    (B) to develop, rehabilitate, or renovate 
                facilities on such leased properties for the benefit of 
                the covered agency.
            (3) Number of properties.--A total of at least 5, and not 
        more than 10, Federal real properties shall be leased under 
        agreements entered into under paragraph (1).
    (b) Agreement Terms.--
            (1) In general.--Each agreement entered into pursuant to 
        this section--
                    (A) shall have as its primary purpose the 
                enhancement of the functional and economic efficiency 
                of Federal real property;
                    (B) shall be negotiated pursuant to such procedures 
                as the head of the covered agency concerned considers 
                necessary to promote competition and protect the public 
                interest;
                    (C) shall provide a lease option to the United 
                States to occupy space in the facilities acquired, 
                constructed, or rehabilitated under the agreement, but 
                shall not guarantee occupancy by the United States;
                    (D) shall describe the consideration, duties, and 
                responsibilities for which the United States and the 
                nongovernmental person are responsible and may provide 
                for the alteration, repair, or improvement of the real 
                property as part or all of the consideration of the 
                nongovernmental person, notwithstanding any provision 
                of law, including section 1302 of title 40, United 
                States Code;
                    (E) shall provide--
                            (i) that the United States shall not be 
                        liable for any actions, debts, or liability of 
                        the nongovernmental person; and
                            (ii) that no person is authorized by the 
                        agreement to execute any instrument or document 
                        creating or evidencing any indebtedness unless 
                        such instrument or document specifically 
                        disclaims any liability of the United States 
                        under the instrument or document; and
                    (F) shall provide that the leasehold interests of 
                the United States are senior to that of any lender to 
                the nongovernmental person.
            (2) Ability to pledge as collateral.--Subparagraph (F) 
        shall not impair the ability of the nongovernmental person to 
        pledge as collateral its leasehold interest under a lease with 
        the United States entered into pursuant to the terms of 
        subsection (c).
    (c) Lease of Real Property.--
            (1) Authority.--Notwithstanding any other provision of law, 
        including sections 582 and 583 of title 40, United States Code, 
        the head of a covered agency may lease real property under an 
        agreement under subsection (a) to the nongovernmental person 
        that is party to the agreement.
            (2) Period of lease.--A lease under this subsection may be 
        for such period as the head of the covered agency determines 
        appropriate.
            (3) Relationship to homeless assistance act.--Real property 
        leased under this subsection shall not be considered unutilized 
        or underutilized for purposes of section 501 of the Stewart B. 
        McKinney Homeless Assistance Act (42 U.S.C. 11411) and may be 
        leased under this subsection without regard to any other 
        provision of law.
    (d) Services.--Notwithstanding any other provision of law, the head 
of a covered agency, or his or her designee, may provide services under 
an agreement under subsection (a) to the nongovernmental person that is 
party to the agreement on such terms as the head considers appropriate.
    (e) Use and Deposit of Revenues.--
            (1) Use of revenues.--Notwithstanding any other provision 
        of law, the head of a covered agency may retain and use any 
        revenues derived from agreements entered into under this 
        section for Federal property management activities of the 
        covered agency, including acquisition, improvements, 
        maintenance, reconstruction, or construction needs.
            (2) Deposit of revenues.--Revenues received by the head of 
        a covered agency from an agreement under subsection (a) shall 
        be deposited--
                    (A) in the case of the General Services 
                Administration, into the fund created by section 592 of 
                title 40, United States Code; and
                    (B) in the case of any other covered agency, into 
                the account of the agency established under section 
                2(a).
    (f) Plan.--
            (1) Matters covered.--The plan of a covered agency required 
        under subsection (a) shall--
                    (A) identify the Federal real properties that the 
                head of the covered agency proposes to make available 
                under the agreement or agreements to be entered into 
                with one or more nongovernmental persons; and
                    (B) include performance measures by which the 
                proposed project or projects will be measured.
            (2) Consultation with council.--In developing the plan 
        required under subsection (a), the head of a covered agency 
        shall consult with the Federal Real Property Council.
    (g) Submissions to Congress of Plan and Agreements.--
            (1) Submission of plan within 12 months.--The head of a 
        covered agency shall submit to Congress the plan required by 
        subsection (a) not later than 12 months after the date of the 
        enactment of this Act.
            (2) Submission of each agreement to congress before 
        implementation.--The head of a covered agency shall submit to 
        Congress each agreement entered into under subsection (a) and 
        may not implement any such agreement until at least 30 days has 
        expired after the date of submission to Congress. The 
        submission to Congress under this paragraph shall also 
        include--
                    (A) an explanation of the agreement;
                    (B) the name, resources, and qualifications of the 
                nongovernmental person or persons that are party to the 
                agreement;
                    (C) the name of any other nongovernmental person 
                that submitted a proposal for the property that is the 
                subject of the agreement;
                    (D) the factors in support of the proposed project 
                or projects covered by the agreement; and
                    (E) the projected economic performance, including 
                expenditures and receipts, arising from the agreement.
            (3) Submission of all agreements within 3 years.--The head 
        of a covered agency shall submit to Congress all agreements to 
        be entered into under the plan not later than 3 years after the 
        date of the enactment of this Act.
    (h) Projected Economic Performance.--The head of a covered agency 
shall describe, in the budget submitted by the President pursuant to 
section 1105 of title 31, United States Code, for a fiscal year, the 
projected economic performance, including expenditures and receipts, 
arising from each agreement entered into pursuant this section and in 
effect during such fiscal year.
    (i) Definitions.--In this section:
            (1) Covered agency.--The term ``covered agency'' means each 
        of the following:
                    (A) The Department of Defense.
                    (B) The Department of Agriculture.
                    (C) The Department of Energy.
                    (D) The General Services Administration.
            (2) Head of a covered agency.--The term ``head of a covered 
        agency'' means each of the following:
                    (A) The Secretary of Defense.
                    (B) The Secretary of Agriculture.
                    (C) The Secretary of Energy.
                    (D) The Administrator of General Services.
            (3) Federal real property.--The term ``Federal real 
        property'' means property, as that term is defined in section 
        102(9) of title 40, United States Code.
            (4) Excess.--The term ``excess'', with respect to Federal 
        real property, means excess property as defined in section 
        102(3) of title 40, United States Code.
            (5) Nongovernmental person.--The term ``nongovernmental 
        person'' means a limited liability company, limited 
        partnership, corporation, business trust, nonprofit entity, or 
        such other form of entity as the head of a covered agency may 
        designate.
            (6) Executive agency.--The term ``executive agency'' has 
        the meaning provided in section 102(4) of title 40, United 
        States Code.
    (j) Reports by Government Accountability Office.--The Comptroller 
General of the United States shall submit to Congress two reports on 
the effectiveness of the public-private agreement pilot program under 
this section. The first report shall be submitted not later than 5 
years after the date of the enactment of this section, and the second 
report shall be submitted not later than 10 years after such date of 
enactment. Each report shall include specific recommendations on how 
best to use public-private agreements in all Federal agencies to 
improve Federal real property management.
                                 <all>
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