I 
108TH CONGRESS 
1ST SESSION H. R. 2573
To amend title 40, United States Code, to make reforms in the management 
and development of Federal real property. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2003
Mr. LATOURETTE (for himself, Ms. NORTON, Mr. YOUNG of Alaska, and Mr. 
OBERSTAR) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
A BILL 
To amend title 40, United States Code, to make reforms 
in the management and development of Federal real 
property.
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 ‘‘Public Private Part-
nership Act of 2003’’. 
SEC. 2. FEDERAL REAL PROPERTY DEVELOPMENT. 
(a) IN GENERAL.—Part A of subtitle II of title 40, 
United States Code, is amended by adding at the end the 
following:
‘‘CHAPTER 39—FEDERAL REAL PROPERTY 
DEVELOPMENT
‘‘Sec. 
‘‘3901. Definitions. 
‘‘3902. Agreements with non-Federal entities. 
‘‘3903. Sunset.
‘‘§ 3901. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) EXCESS
PROPERTY.—The term ‘excess 
property’ has the meaning given such term by sec-
tion 102. 
‘‘(2) FEDERAL
BUILDINGS
FUND.—The term 
‘Federal Buildings Fund’ means the fund estab-
lished by section 592. 
‘‘(3) LANDHOLDING AGENCY.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘landholding agency’ means 
any executive agency that, by specific or general 
statutory authority, has jurisdiction over prop-
erty that is real property. 
‘‘(B) 
EXCLUSIONS.—The 
term 
‘land-
holding agency’—
‘‘(i) does not include an executive 
agency with respect to the agency—
‘‘(I) disposing of an interest in 
real property for public benefit pur-
poses pursuant to section 545;
‘‘(II) holding lands in trust or re-
stricted fee status for individual Indi-
ans or Indian tribes; or 
‘‘(III) having jurisdiction over 
National Park System lands, National 
Forest System lands, or National 
Wildlife Refuge System lands; and 
‘‘(ii) does not include the Bureau of 
Land Management. 
‘‘(4) PROPERTY.—The term ‘property’ has the 
meaning given such term by section 102, and in-
cludes public buildings and the occupied or improved 
grounds of the United States generally. 
‘‘§ 3902. Agreements with non-Federal entities 
‘‘(a) AUTHORITY TO ENTER INTO AGREEMENTS.—
‘‘(1) IN
GENERAL.—Subject to the require-
ments of this section, the Administrator of General 
Services may enter into agreements with non-Fed-
eral entities to provide for—
‘‘(A) the acquisition, lease, construction, 
rehabilitation, operation, maintenance, or use of 
real property under the jurisdiction of the Gen-
eral Services Administration or another land-
holding agency; or
‘‘(B) such other activities related to the 
real property as the Administrator considers 
appropriate. 
‘‘(2) LANDHOLDING
AGENCIES
OTHER
THAN 
GSA.—In the case of real property under the juris-
diction of a landholding agency other than the Gen-
eral Services Administration, the Administrator may 
enter into an agreement under this subsection only 
upon the written request of the head of the land-
holding agency. 
‘‘(b) ELIGIBILITY OF REAL PROPERTY.—The Admin-
istrator may enter into an agreement under subsection (a) 
with respect to real property only if the head of the land-
holding agency with jurisdiction over the property deter-
mines in writing that the real property is not excess prop-
erty. 
‘‘(c) TERMS AND CONDITIONS.—An agreement en-
tered into under section (a) with respect to real property 
under the jurisdiction of a landholding agency—
‘‘(1) shall have as its primary purpose enhanc-
ing the value of the real property to the United 
States; 
‘‘(2) shall provide that any obligation of an 
agency under the agreement is subject to the avail-
ability of appropriated funds or the availability of re-
ceipts authorized by subsection (h); 
‘‘(3) shall be for a term that is not longer than 
50 years; 
‘‘(4) shall be negotiated pursuant to such proce-
dures as the Administrator considers necessary to 
ensure the integrity of the selection process and to 
protect the interests of the United States; 
‘‘(5) shall support the goals and objectives set 
forth in a plan to be developed by the landholding 
agency to improve real property management deci-
sions, reduce costs, and maximize portfolio perform-
ance, which plan shall address, at a minimum, life 
cycle planning and preservation of asset value; 
‘‘(6) may provide a lease option to the United 
States, to be exercised at the discretion of the Ad-
ministrator, to occupy any office, storage, or other 
space in a facility covered under the agreement that 
may be suitable for use by one or more Federal 
agencies; 
‘‘(7) shall not provide, unless specifically deter-
mined otherwise by the Administrator, that owner-
ship of a facility covered under the agreement be 
transferred to the United States at or shortly after 
the expiration of any lease of the facility to the
provision of space, goods, or services of benefit to 
the United States. Such services may include con-
struction, repair, remodeling, or other physical im-
provements of Federal property, maintenance of 
Federal property, or the provision of office, storage, 
or other usable space. 
‘‘(e) AUTHORITY TO CONVEY.—In carrying out an 
agreement entered into under subsection (a), the Adminis-
trator may convey interests in real property, by lease or 
exchange, to a non-Federal entity. 
‘‘(f) RELATIONSHIP TO OTHER LAWS.—
‘‘(1) REQUIREMENT FOR CONGRESSIONAL AP-
PROVAL.—An agreement entered into under sub-
section (a) shall not be subject to section 3307. 
‘‘(2) WAIVER AUTHORITY.—
‘‘(A) IN GENERAL.—In carrying out this 
section, the Administrator may waive require-
ments of Federal law relating to the acquisition, 
lease, construction, rehabilitation, operation, 
maintenance, or use of real property if the Ad-
ministrator determines, in writing, that the 
waiver is necessary to achieve the purposes of 
this section. 
‘‘(B) LIMITATION.—Nothing in subpara-
graph (A) shall be construed to authorize the
Administrator to waive a requirement of Fed-
eral law relating to the environment, labor, or 
historic preservation. 
‘‘(C) PROHIBITION ON DELEGATION.—The 
Administrator may not delegate the authority 
granted under subparagraph (A). 
‘‘(g) REPORTING REQUIREMENT.—
‘‘(1) IN
GENERAL.—Before entering into an 
agreement under subsection (a), the Administrator 
shall transmit to Congress a report on the proposed 
agreement. 
‘‘(2) CONTENTS.—A report transmitted under 
this subsection shall include—
‘‘(A) a summary of a cost-benefit analysis 
of the proposed agreement; 
‘‘(B) a statement of the fair market value 
of any real property covered under the proposed 
agreement; 
‘‘(C) a description of the provisions of the 
proposed agreement, including the consideration 
received; 
‘‘(D) a description of actions to be taken 
under the proposed agreement to comply with 
applicable Federal laws, including environ-
mental, historic preservation, and labor laws;
‘‘(E) a description of how the proposed 
agreement departs from standard agency prac-
tices relating to the acquisition, lease, construc-
tion, rehabilitation, operation, maintenance, or 
use of real property otherwise authorized under 
this part; and 
‘‘(F) a description of the extent to which 
the proposed agreement is consistent with State 
and local zoning requirements. 
‘‘(3) REVIEW
BY
CONGRESS.—A proposed 
agreement under subsection (a) may not become ef-
fective before the earlier of—
‘‘(A) the end of a 45-day period of contin-
uous session of Congress following the date of 
the transmittal of a report on the agreement 
under this subsection; or 
‘‘(B) the end of the 60-day period fol-
lowing such date of transmittal.
For purposes of subparagraph (A), continuity of a 
session of Congress is broken only by an adjourn-
ment sine die, and there shall be excluded from the 
computation of such 45-day period any day during 
which either House of Congress is not in session 
during an adjournment of more than 5 days to a day 
certain.
‘‘(h) PROCEEDS.—
‘‘(1) DEPOSIT IN FEDERAL BUILDINGS FUND.—
‘‘(A) PROCEEDS FROM REAL PROPERTY OF 
GSA.—Net proceeds from an agreement entered 
into under subsection (a) involving real prop-
erty under the jurisdiction of the General Serv-
ices Administration shall be deposited into the 
Federal Buildings Fund. 
‘‘(B) PROCEEDS FROM REAL PROPERTY OF 
OTHER
LANDHOLDING
AGENCIES.—Net pro-
ceeds from an agreement entered into under 
subsection (a) involving real property under the 
jurisdiction of a landholding agency other than 
the General Services Administration shall be de-
posited into a separate account in the Federal 
Buildings Fund to be established for the land-
holding agency by the Secretary of the Treas-
ury. 
‘‘(2) ADMINISTRATION OF AMOUNTS.—
‘‘(A) IN
GENERAL.—Amounts deposited 
into the Federal Buildings Fund under this 
subsection, including amounts deposited into an 
account established for a landholding agency 
under paragraph (1)(B), shall be administered
and expended, subject to appropriations Acts, 
as part of the Federal Buildings Fund. 
‘‘(B) USE
OF
AMOUNTS
IN
AGENCY
AC-
COUNTS.—Amounts deposited into an account 
established for a landholding agency under 
paragraph (1)(B) are authorized to be appro-
priated to the Administrator of General Serv-
ices for real property management and related 
activities of the landholding agency, at the writ-
ten request of the head of the landholding agen-
cy. 
‘‘(3) RECOVERY OF EXPENSES.—
‘‘(A) EXPENSES
OF
GSA.—The Adminis-
trator may retain from the proceeds of any 
agreement entered into under subsection (a) 
amounts necessary to recover the expenses in-
curred by the Administrator with respect to the 
agreement. Such amounts shall be deposited 
into the account in the Treasury from which 
the Administrator incurred the expenses. 
‘‘(B) EXPENSES OF OTHER LANDHOLDING 
AGENCIES.—In the case of an agreement en-
tered into under subsection (a) involving real 
property under the jurisdiction of a landholding 
agency other than the General Services Admin-
istration, the Administrator shall reimburse the 
agency, out of the proceeds of the agreement, 
for expenses incurred by the agency with re-
spect to the real property. Such amounts shall 
be deposited into the account in the Treasury 
from which the agency incurred the expenses. 
‘‘(4) NET PROCEEDS.—In this section, the term 
‘net proceeds’ means, with respect to an agreement 
entered into under this section, the proceeds from 
the agreement minus the expenses incurred by the 
General Services Administration and any other land-
holding agency with respect to the agreement. 
‘‘(i) JURISDICTION OVER REAL PROPERTY.—For 
purposes of this section, a landholding agency shall be con-
sidered to have jurisdiction over real property if the agen-
cy has jurisdiction, custody, and control of the property. 
‘‘§ 3903. Sunset 
‘‘(a) IN GENERAL.—The authority of the Adminis-
trator of General Services to enter into an agreement 
under section 3902 shall expire on the last day of the 6-
year period beginning on the date of enactment of this 
chapter. 
‘‘(b) AGREEMENTS TRANSMITTED TO CONGRESS.—
Subsection (a) shall not apply to an agreement for which 
the Administrator has transmitted a report to Congress
under section 3902(g) before the last day of the 6-year 
period referred to in subsection (a). 
‘‘(c) EXISTING AGREEMENTS.—Subsection (a) shall 
not affect the Administrator’s authority to carry out the 
Administrator’s responsibilities under an agreement en-
tered into before the last day of the 6-year period referred 
to in subsection (a) or an agreement described in sub-
section (b).’’.
(b) CONFORMING AMENDMENT.—The analysis for 
part A of subtitle II of title 40, United States Code, is 
amended by adding at the end the following:
‘‘39. FEDERAL REAL PROPERTY DEVELOPMENT .................
3901’’.
SEC. 3. SCOPE AND CONSTRUCTION. 
The authorities granted by this Act (including the 
amendments made by this Act) to the heads of Federal 
agencies for the management of real property and the con-
duct of transactions involving such property, shall be in 
addition to, and not in lieu of, any authorities provided 
in any law existing on the date of enactment of this Act. 
Except as expressly provided herein, nothing in this Act 
(including the amendments made by this Act) shall be con-
strued to repeal or supersede any such authorities. 
SEC. 4. NO WAIVER. 
Nothing in this Act (including the amendments made 
by this Act) shall be construed to limit or waive any right, 
remedy, immunity, or jurisdiction of any Federal agency
or any claim, judgment, lien, or benefit due the Govern-
ment of the United States. 
SEC. 5. REPORT OF COMPTROLLER GENERAL. 
Not later than 4 years after the date of enactment 
of this Act, the Comptroller General of the United States 
shall submit to Congress a report on the use by Adminis-
trator of General Services of the authorities provided by 
this Act. 
SEC. 6. REPEAL. 
(a) IN GENERAL.—Section 1302 of title 40, United 
States Code, is repealed. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 13 of such title is amended by striking the item 
relating to section 1302.
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