I
106TH CONGRESS
1ST SESSION
H. R. 3285
To authorize public-private partnerships to rehabilitate Federal real property,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 9, 1999
Mr. SESSIONS introduced the following bill; which was referred to the
Committee on Government Reform
A BILL
To authorize public-private partnerships to rehabilitate
Federal real property, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Asset Manage-
ment Improvement Act of 1999’’.
TITLE I—IMPROVED PROPERTY
MANAGEMENT
SEC. 101. PERFORMANCE MEASUREMENT.
(a) PERFORMANCE MEASURES REQUIRED.—
(1) IN GENERAL.—The Administrator, in con-
sultation with the heads of executive agencies, shall
establish performance measures to determine the ef-
fectiveness of Federal property management. The
performance measures shall be designed to—
(A) enable the Congress and heads of exec-
utive agencies to track progress in the achieve-
ment of property management objectives on a
governmentwide basis; and
(B) allow for comparing the performance
of executive agencies against industry and other
public sector agencies in terms of performance.
(2) USE OF EXISTING DATA AND DATA COLLEC-
TION TOOLS.—In developing and implementing the
performance measures, the Administrator shall use
existing data sources and automated data collection
tools to the maximum extent practical.
(b) EXECUTIVE AGENCIES.—The head of each execu-
tive agency shall—
(1) monitor the performance of the agency
against the performance measures established under
subsection (a); and
(2) report the results of such monitoring to the
Congress in the agency’s budget submission under
section 1105 of title 31, United States Code.
(c) MANAGEMENT PLAN.—Within 90 days after the
date of the enactment of this Act, the Administrator of
General Services shall submit to the Congress a program
management plan describing—
(1) how the program established by this Act
will be implemented;
(2) individuals who will exercise operational au-
thority over the program;
(3) the qualifications of such individuals; and
(4) a timeline for implementation of the pro-
gram.
TITLE II—PUBLIC-PRIVATE
PARTNERSHIPS
SEC. 201. PUBLIC-PRIVATE PARTNERSHIP AUTHORITY.
Title II of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 481 et seq.) is amended
by adding at the end the following:
‘‘SEC. 213. (a) The Administrator may enter into
agreements for the creation of one or more public-private
partnerships with a nongovernmental person, the purpose
of which shall be (1) to lease Federal real property under
the terms of subsection (c), and (2) to develop, rehabili-
tate, or renovate facilities on such leased property for the
use, in whole or part, by executive agencies. The public-
private partnership may be a limited liability company,
limited partnership, corporation, business trust, or other
form of entity, as the Administrator may designate. The
nongovernmental person shall exercise control of the man-
agement of the public-private partnership, and shall hold
a majority interest in ownership and profits of the public-
private partnership.
‘‘(b) Each agreement entered into pursuant to this
section—
‘‘(1) shall have as its primary purpose the en-
hancement of the functional and economic efficiency
of Federal real property;
‘‘(2) shall be negotiated pursuant to such proce-
dures as the Administrator considers necessary to
promote competition and protect the public interest;
‘‘(3) shall provide a lease option to the United
States to occupy space in the facilities acquired, con-
structed, or rehabilitated by the public-private part-
nership, but shall not guarantee occupancy by the
United States;
‘‘(4) 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 the Act of June 30, 1932
(chapter 314; 40 U.S.C. 303b);
‘‘(5) shall provide—
‘‘(A) that the United States shall not be
liable for any actions, debts, or liability of any
person created by such agreement; and
‘‘(B) that no person is authorized by the
agreement to execute any instrument or docu-
ment creating or evidencing any indebtedness
unless such instrument or document specifically
disclaims any liability of the United States
under the instrument or document; and
‘‘(6) shall provide that the leasehold interests of
the United States are senior to that of any lender
to the nongovernmental person.
Paragraph (6) shall not impair the ability of a public-pri-
vate partnership to pledge as collateral its leasehold inter-
est under a lease with the United States entered into pur-
suant to the terms of subsection (c).
‘‘(c)(1) Notwithstanding any other provision of law,
including sections 202 and 203 of this Act, the Adminis-
trator may lease real property to a public-private partner-
ship created under this section in furtherance of agree-
ments under subsection (a).